California Notice at Collection/State Law Privacy Rights: See the State law privacy rights section below for important information about your rights under applicable state privacy laws.

Certain divisions, affiliates and subsidiaries of Kohler Co. (referred to herein as "Kohler, Wisconsin") provide premium hospitality services with a blend of comfort and unique experiences, including luxury lodging, golf, well-being, dining, and other experiences at resorts, spas and other properties. This Privacy Policy describes how Kohler, Wisconsin processes personal information that we collect in connection with our resorts, spas, golf courses, and other physical properties, related mobile apps and through our other digital or online properties or services that link to this Privacy Policy (collectively, the "Service").

Kohler, Wisconsin may provide additional or supplemental privacy policies to individuals for specific products or services that we offer at the time we collect personal information. This Privacy Policy covers only Kohler, Wisconsin. Kohler Co. provides separate privacy notices in connection with other products and services offered by Kohler Co. and its affiliates and subsidiaries.

NOTICE TO EUROPEAN USERS: Please see the Notice to European users section for additional information for individuals located in the European Economic Area or United Kingdom (which we refer to as "Europe", and "European" should be understood accordingly) below.

INDEX

  1. PERSONAL INFORMATION WE COLLECT
  2. TRACKING & OTHER TECHNOLOGIES
  3. HOW WE USE YOUR PERSONALL INFORMATION
  4. RETENTION
  5. HOW WE SHARE YOUR PERSONAL INFORMATION
  6. YOUR CHOICES
  7. OTHER SITES AND SERVICES
  8. SECURITY
  9. INTERNATIONAL DATA TRANSFERS
  10. CHILDREN
  11. CHANGES TO THIS PRIVACY POLICY
  12. HOW TO CONTACT US
  13. STATE PRIVACY RIGHTS NOTICE
  14. NOTICE TO EUROPEAN USERS

Personal Information We Collect


Information you provide to us

Personal information you may provide to us through the Service or otherwise includes:
  • Contact data, such as your first and last name, salutation, email address, billing and mailing addresses, professional title and company name, and phone number.
  • Demographic data, such as your city, state, country of residence, postal code, and age.
  • Profile data, such as the username and password that you may set to establish an online account on the Service, name and other details used to establish a club or loyalty program membership, biographical details, photograph or picture, interests, preferences, and any other information that you add to your account or membership profiles.
  • Preference data, such as your preferred room type, food and beverage selections, special requests or instructions, and other data related to the personalization of your experience.
  • Health-related data, such as dietary restrictions, allergies, and conditions requiring special assistance or accommodation.
  • Communications data based on our exchanges with you, including when you contact us through phone, email, chat, social media, or otherwise.
  • Transaction and booking data, such as information relating to or needed to complete your reservation or purchase on or through the Service, including arrival/departure date, appointment date and time, tee time, reservation number, and purchase history.
  • Payment data needed to complete transactions, including payment card information or bank account number.
  • Marketing data, such as your preferences for receiving our marketing communications and details about your engagement with them.
  • User-generated content, such as photos, images, music, videos, comments, questions, feedback, reviews, messages, works of authorship, and other content or information that you generate, transmit, or otherwise make available on the Service, as well as associated metadata. Metadata includes information on how, when, where and by whom a piece of content was collected and how that content has been formatted or edited. Metadata also includes information that users can add or can have added to their content, such as keywords, geographical or location information, and other similar data.
  • Audio, visual, and other sensory data, such as audiovisual recordings (e.g., from security cameras) and photographs (e.g., for identification purposes).
  • Relationship data, such as familial or other relationship to third parties whose personal information you may provide to us.
  • Government-issued identification number data, such as national identification number (e.g., Social Security Number, tax identification number, passport number), state or local identification number (e.g., driver's license or state ID number), and an image of the relevant identification card.
  • Promotion data, including information you share when you enter a competition, promotion or complete a survey. Please note that if you participate in a sweepstakes, contest or giveaway through the Service, we may ask you for your Contact Data to notify you if you win or not, to verify your identity, determine your eligibility, and/or to send you prizes. In some situations, we may need additional information as a part of the entry process, such as a prize selection choice. These sweepstakes and contests are voluntary. We recommend that you read the rules and other relevant information for each sweepstakes and contest that you enter.
  • Other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.


Third-party sources

We may combine personal information we receive from you with personal information falling within one of the categories identified above that we obtain from other sources, such as:
  • Public sources, such as government agencies, public records, social media platforms, and other publicly available sources.
  • Data providers, such as information services and data licensors.
  • Partners, such as lodging/event booking platforms, travel agencies, event management firms, marketing and loyalty program partners and event co-sponsors.
  • Customers, such as our spa, golf, and dining customers, and guests at our lodgings.
  • Service providers that provide services on our behalf or help us operate the Service or our business.
  • Business transaction partners. We may receive personal information in connection with an actual or prospective business transaction. For example, we may receive your personal information from an entity we acquire or are acquired by, a successor, or assignee or any party involved in a business transaction such as a merger, acquisition, sale of assets, or similar transaction, and/or in the context of an insolvency, bankruptcy, or receivership.


Automatic data collection

We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Service, our communications and other online services, such as:
  • Device data, such as your computer or mobile device's operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state or geographic area.
  • Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our emails or clicked links within them.
  • Communication interaction data such as your interactions with our email, text or other communications (e.g., whether you open and/or forward emails) – we may do this through use of pixel tags (which are also known as clear GIFs), which may be embedded invisibly in our emails.
For more information concerning our automatic collection of data, please see the Tracking & other technologies section below.


Data about others

We may offer features that help users invite their contacts to use the Service or book accommodations or other services for or on behalf of other individuals (e.g., family members who are part of your booking). We may collect contact or other details about these individuals so we can fulfill such invitations, bookings, or other requests. Please do not share information about someone with us unless you have their permission to do so.


 

Tracking & Other Technologies


Cookies and similar technologies

Some of our automatic data collection is facilitated by cookies and similar technologies. For more information, including how to disable/enable cookies, see our Cookie Notice.


 

How We Use Your Personal Information


We may use your personal information for the following purposes or as otherwise described at the time of collection:


Service delivery and operations

We may use your personal information to:

  • provide the Service;
  • enable security features of the Service;
  • arrange, coordinate, and communicate with you about your visit to our properties;
  • provide products, services, or information in connection with your visit;
  • establish and maintain your online or membership account;
  • facilitate your invitations to or bookings on behalf of others;
  • communicate with you about the Service, including by sending Service-related announcements, updates, security alerts, and support and administrative messages;
  • communicate with you about events or contests in which you participate; and
  • provide support for the Service, and respond to your requests, questions and feedback.


Service personalization

Which may include using your personal information to:

  • understand your needs and interests;
  • personalize your experience with the Service and our Service-related communications; and
  • remember your selections and preferences.


Service improvement and analytics

We may use your personal information to analyze your use of the Service, improve the Service, improve the rest of our business, help us understand how you use the Service and to develop new products and services. For more information on analytics, see our Cookie Notice.


Marketing and advertising

We, our service providers, and our third-party advertising partners may collect and use your personal information for marketing and advertising purposes:

  • Direct marketing. We may send you direct marketing communications and may personalize these messages based on your needs and interests. You may opt-out of our marketing communications by contacting us.
  • Interest-based advertising. We, our service providers, and third-party advertising partners may use cookies and other technologies to collect information about your interaction (including the data described in the Automatic data collection section above) with the Service, our communications and other online services over time, and use that information to serve online ads that we or they think will interest you. This is called interest-based advertising. You can learn more about your choices for limiting interest-based advertising in the Cookie Notice.


Events, promotions and contests

We may use your personal information to:

  • administer promotions and contests
  • communicate with you about promotions or contests in which you participate
  • contact or market to you after collecting your personal information at an event


Compliance and protection

We may use your personal information to:

  • protect our, your or others' rights, privacy, safety or property (including by making and defending legal claims);
  • comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas, investigations or requests from government authorities;
  • audit our internal processes for compliance with legal and contractual requirements or our internal policies;
  • enforce the terms and conditions that govern the Service; and
  • prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.


Data sharing in the context of corporate events

We may share certain personal information in the context of actual or prospective corporate events – for more information, see How we share your personal information, below.


To create aggregated, de-identified and/or anonymized data

We may create aggregated, de-identified and/or anonymized data from your personal information and other individuals whose personal information we collect. We make personal information into de-identified and/or anonymized data by removing information that makes the data identifiable to you and we will not attempt to reidentify any such data. We may use this aggregated, de-identified and/or anonymized data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business and to train our AI and other machine learning algorithms.


Further uses

In some cases, we may use your personal information for further uses, in which case we will ask for your consent to use of your personal information for those further purposes if they are not compatible with the initial purpose for which information was collected.


 

Retention


We generally retain personal information to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes. To determine the appropriate retention period for personal information, we may consider factors such as the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

When we no longer require the personal information we have collected about you, we may either delete it, anonymize it, or isolate it from further processing.


 

How We Share Your Personal Information


We may share your personal information with the following parties (or as otherwise described in this Privacy Policy, in other applicable notices, or at the time of collection).


Advertising partners

Third-party advertising companies for the interest-based advertising purposes described above.


Affiliates

Our corporate parent, subsidiaries, and affiliates.


Authorities and others

Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the Compliance and protection purposes described above.


Business transferees

We may disclose personal information in the context of actual or prospective business transactions (e.g., investments in Kohler, Wisconsin; financing of Kohler, Wisconsin; public stock offerings; or the sale, transfer or merger of all or part of our business, assets or shares). For example, we may need to share certain personal information with prospective counterparties and their advisers. We may also disclose your personal information to an acquirer, successor, or assignee of Kohler, Wisconsin as part of any merger, acquisition, sale of assets, or similar transaction, and/or in the event of an insolvency, bankruptcy, or receivership in which personal information is transferred to one or more third parties as one of our business assets.


Other users and the public

Your profile and other user-generated content data (except for private messages) may be visible to other users of the Service and the public. For example, other users of the Service or the public may have access to your information if you choose to make your profile or other personal information available to them through the Service, such as when you provide comments, feedback, reviews, survey responses, or share other content. This information can be seen, collected and used by others, including being cached, copied, screen captured or stored elsewhere by others (e.g., search engines), and we are not responsible for any such use of this information.


Partners

Third parties with whom we partner, including lodging/event booking platforms, travel agencies, event management firms, marketing and loyalty program partners, and parties with whom we co-sponsor events or promotions, with whom we jointly offer products or services, or whose products or services may be of interest to you.


Payment processors

Any payment card information you use to make a reservation or purchase on the Service is collected and processed directly by our payment processors. Our payment processors may use your payment data in accordance with their respective privacy policies. For example, among other payment processors, we use Stripe for payment processing. Stripe's privacy policy is available at https://stripe.com/privacy.


Professional advisors

Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.


Service providers

Third parties that provide services on our behalf or help us operate the Service or our business (such as hosting, information technology, chat functionality, customer support, email delivery, marketing, consumer research, security, and website analytics).


Third parties designated by you

We may share your personal information with third parties where you have instructed us or provided your consent to do so.


 

Your Choices


In this section, we describe the rights and choices available to all users. Users who are located in California, Colorado, Virginia, and certain other U.S. states and in Europe can find additional information about their rights below.


Access or update your information

If you have created an online or membership account us, you may review and update certain account information by logging into the account or by contacting us.


Opt-out of communications

You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us. Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails.


Cookies and other technologies

For information about cookies and other technologies employed by the Service and how to control them, see our Cookie Notice.


Do Not Track

Some Internet browsers may be configured to send "Do Not Track" signals to the online services that you visit. We currently do not respond to "Do Not Track" signals. To find out more about "Do Not Track," please visit http://www.allaboutdnt.com.

Some Internet browsers and browser extensions support the Global Privacy Control (“GPC”). The GPC can send a signal to the websites you visit indicating your choice to opt-out from certain types of data processing, including data "sales" as defined under certain laws. When we detect such a signal, we will make reasonable efforts to respect your choices indicated by a GPC setting as required by applicable law.


Declining to provide information

We need to collect personal information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.


Delete your content or close your account

If you wish to delete your content or request to close your account, please contact us.


 

Other Sites and Services


The Service may contain links to websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.


 

Security


We employ technical, organizational and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.


 

International Data Transfers


We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.

Users in Europe should read the important information provided below about transfer of personal information outside of Europe.


 

Children


The Service is not intended for children. We do not knowingly solicit or collect personal information from children under the age of sixteen (16) without parental consent where required by law. If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please contact us. If we learn that we have collected personal information through the Service from a child without the consent of the child's parent or guardian as required by law, we will comply with applicable legal requirements to delete the information.


 

Changes to this Privacy Policy


We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service or other appropriate means. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date of any modified Privacy Policy indicates your acknowledging that the modified Privacy Policy applies to your interactions with the Service and our business.


 

United States: State privacy rights notice


Except as otherwise provided, this section applies to residents of California, Colorado, Virginia, and other states to the extent they have privacy laws applicable to us that grant their residents the rights described below (collectively, the "State Privacy Laws").

This section describes how we collect, use, and share Personal Information of residents of these states and the rights these users may have with respect to their Personal Information. Please note that not all rights listed below may be afforded to all users and that if you are not a resident of a state with a privacy law applicable to us, you may not be able to exercise these rights. In addition, we may not be able to process your request if you do not provide us with sufficient detail to allow us to confirm your identity or understand and respond to it.

For purposes of this section, the term "Personal Information" has the meaning given to "personal data", "personal information" or other similar terms and "Sensitive Personal Information" has the meaning given to "sensitive personal information," "sensitive data", or other similar terms in the State Privacy Laws, except that in neither case does such term include information exempted from the scope of the State Privacy Laws. In some cases, we may provide a different privacy notice to certain categories of residents of these states, such as job applicants, in which case that notice will apply instead of this section.

Your Privacy Rights

The State Privacy Laws may provide residents with some or all of the rights listed below. However, these rights are not absolute and some State Privacy Laws do not provide these rights to their residents. Therefore, we may decline your request in certain cases as permitted by law.

  • Information. You can request the following information about how we have collected and used your Personal Information:
    • The categories of Personal Information that we have collected.
    • The categories of sources from which we collected Personal Information.
    • The business or commercial purpose for collecting and/or selling Personal Information.
    • The categories of third parties with which we share Personal Information.
    • The categories of Personal Information that we sold or disclosed for a business purpose.
    • The categories of third parties to whom the Personal Information was sold or disclosed for a business purpose.
  • Access. You can request a copy of the Personal Information that we have collected about you:.
  • Appeal. You can appeal our denial of any request validly submitted.
  • Correction. You can ask us to correct inaccurate Personal Information that we have collected about you.
  • Deletion. You can ask us to delete the Personal Information that we have collected from you.
  • Opt-out
    • Opt-out of certain processing for targeted advertising purposes. You can opt-out of certain processing of personal information for targeted advertising purposes.
    • Opt-out of profiling/automated decision making. We do not use your personal information to engage in profiling in furtherance of decisions that result in legal effects, significant financial impacts, significant impacts on housing, education, employment, health care, or criminal justice, or similarly significant impacts.
  • Consumers under 16. We do not have actual knowledge that we sell or share the personal information of consumers under 16 years of age.
  • Sensitive Personal Information. We do not process Sensitive Personal Information for the purpose of inferring characteristics about consumers under the CCPA.
  • Nondiscrimination. You are entitled to exercise the rights described above free from discrimination as prohibited by the State Privacy Laws.

Exercising your right to information/know, access, appeal, correction, and deletion

You may submit requests to exercise your right to information/know, access, appeal, correction, or deletion at https://kohler.service-now.com/gdp/form.do, calling us toll free at 1-800-923-1138, or via email to KohlerGlobalDataPrivacy@kohler.com.


Exercising your right to opt-out of the "sale" or "sharing" of your Personal Information

While we do not sell personal information for money, like many companies, we use services that help deliver interest-based ads to you as described above. The State Privacy Laws may classify our use of some of these services as "selling" or "sharing" your Personal Information with the advertising partners that provide the services. You can submit requests to opt-out of tracking for targeted advertising purposes or other sales of Personal Information via email to KohlerGlobalDataPrivacy@kohler.com or via phone by calling 1-800-923-1138, or by broadcasting the global privacy control signal. You may also opt-out of tracking of this sort or other sales of personal information by navigating to and clicking on the "Do Not Sell or Share My Personal Information" link on any Kohler website and following the instructions provided.


Verification of Identity; Authorized agents

We may need to verify your identity in order to process your information/know, access, appeal, correction, or deletion requests and reserve the right to confirm your residency. To verify your identity, we may require government identification, a declaration under penalty of perjury, or other information, where permitted by law.

Under some State Privacy Laws, you many enable an authorized agent to make a request on your behalf. However, we may need to verify your authorized agent's identity and authority to act on your behalf. We may require a copy of a valid power of attorney given to your authorized agent pursuant to applicable law. If you have not provided your agent with such a power of attorney, we may ask you to take additional steps permitted by law to verify that your request is authorized, such as by providing your agent with written and signed permission to exercise your State Privacy Laws rights on your behalf, the information we request to verify your identity, and confirmation that you have given the authorized agent permission to submit the request.


Personal information that we collect, use and disclose

We have summarized the Personal Information we collect, the purposes for which we collect it and the third parties to whom we may disclose it by reference below to both the categories defined in the "What information we collect" section of this Privacy Notice above and the categories of Personal Information specified in the CCPA (Cal. Civ. Code §1798.140). This chart describes our practices currently and during the 12 months preceding the effective date of this Privacy Notice. Information you voluntarily provide to us, such as in free-form webforms, may contain other categories of personal information not described below.

Personal Information (“PI”) we collect CCPA statutory category Purposes Categories of third parties to whom we “disclose” PI for a business purpose Categories of third parties to whom we “sell” or “share” PI
Contact data
  • Identifiers
  • Commercial information
  • California customer records
  • Service delivery and operations
  • Service personalization
  • Service improvement and analytics
  • Marketing and advertising
  • Events, promotions and contests
  • Compliance and protection
  • Data sharing in the context of corporate events
  • To create aggregated, de-identified and or anonymized data
  • Further uses
  • Affiliates
  • Service providers
  • Payment processors
  • Advertising partners
  • Third parties designated by you
  • Professional advisors
  • Authorities and others
  • Business transferees
  • Partners
  • Advertising partners (to facilitate online advertising)
  • Partners
Demographic data
  • Identifiers
  • California customer records
  • Service delivery and operations
  • Service personalization
  • Service improvement and analytics
  • Marketing and advertising
  • Events, promotions and contests
  • Compliance and protection
  • Data sharing in the context of corporate events
  • To create aggregated, de-identified and or anonymized data
  • Further uses
  • Affiliates
  • Service providers
  • Payment processors
  • Advertising partners
  • Third parties designated by you
  • Professional advisors
  • Authorities and others
  • Business transferees
  • Partners
  • Advertising partners (to facilitate online advertising)
  • Partners
Profile data
  • Identifiers
  • Commercial information
  • California customer records
  • Service delivery and operations
  • Service personalization
  • Service improvement and analytics
  • Marketing and advertising
  • Events, promotions and contests
  • Compliance and protection
  • Data sharing in the context of corporate events
  • To create aggregated, de-identified and or anonymized data
  • Further uses
  • Affiliates
  • Service providers
  • Payment processors
  • Advertising partners
  • Third parties designated by you
  • Professional advisors
  • Authorities and others
  • Business transferees
  • Partners
  • Advertising partners (to facilitate online advertising)
  • Partners
Preference data
  • Identifiers
  • Commercial information
  • California customer records
  • Service delivery and operations
  • Service personalization
  • Service improvement and analytics
  • Marketing and advertising
  • Events, promotions and contests
  • Compliance and protection
  • Data sharing in the context of corporate events
  • To create aggregated, de-identified and or anonymized data
  • Further uses
  • Affiliates
  • Service providers
  • Payment processors
  • Advertising partners
  • Third parties designated by you
  • Professional advisors
  • Authorities and others
  • Business transferees
  • Partners
  • Advertising partners (to facilitate online advertising)
  • Partners
Health-related data
  • Identifiers
  • Medical information
  • Physical description
  • Service delivery and operations
  • Service personalization
  • Service improvement and analytics
  • Compliance and protection
  • Data sharing in the context of corporate events
  • To create aggregated, de-identified and or anonymized data
  • Further uses
  • Affiliates
  • Service providers
  • Third parties designated by you
  • Professional advisors
  • Authorities and others
  • Business transferees
  • Partners
  • None
Communications data
  • Identifiers
  • Commercial information
  • California consumer records
  • Internet or network information
  • Service delivery and operations
  • Service personalization
  • Service improvement and analytics
  • Marketing and advertising
  • Events, promotions and contests
  • Compliance and protection
  • Data sharing in the context of corporate events
  • To create aggregated, de-identified and or anonymized data
  • Further uses
  • Affiliates
  • Service providers
  • Payment processors
  • Advertising partners
  • Third parties designated by you
  • Professional advisors
  • Authorities and others
  • Business transferees
  • Partners
  • Advertising partners (to facilitate online advertising)
  • Partners
Transaction and booking data
  • Commercial information
  • California consumer records
  • Financial information
  • Service delivery and operations
  • Service personalization
  • Service improvement and analytics
  • Marketing and advertising
  • Events, promotions and contests
  • Compliance and protection
  • Data sharing in the context of corporate events
  • To create aggregated, de-identified and or anonymized data
  • Further uses
  • Affiliates
  • Service providers
  • Payment processors
  • Advertising partners
  • Third parties designated by you
  • Professional advisors
  • Authorities and others
  • Business transferees
  • Partners
  • Advertising partners (to facilitate online advertising)
  • Partners
Payment data
  • Commercial information
  • Financial information
  • California consumer records
  • Service delivery and operations
  • Service improvement and analytics
  • Events, promotions and contests
  • Compliance and protection
  • Data sharing in the context of corporate events
  • To create aggregated, de-identified and or anonymized data
  • Further uses
  • Affiliates
  • Service providers
  • Payment processors
  • Advertising partners
  • Third parties designated by you
  • Professional advisors
  • Authorities and others
  • Business transferees
  • Partners
  • None
Marketing information
  • Identifiers
  • Commercial information
  • California customer records
  • Internet or network information
  • Service delivery and operations
  • Service personalization
  • Service improvement and analytics
  • Marketing and advertising
  • Events, promotions and contests
  • Compliance and protection
  • Data sharing in the context of corporate events
  • To create aggregated, de-identified and or anonymized data
  • Further uses
  • Affiliates
  • Payment processors
  • Professional advisors
  • Authorities and others
  • Business transferees
  • Advertising partners (to facilitate online advertising)
  • Partners
User-generated content
  • Sensory Information
  • California consumer records
  • Service delivery and operations
  • Service personalization
  • Service improvement and analytics
  • Marketing and advertising
  • Events, promotions and contests
  • Compliance and protection
  • Data sharing in the context of corporate events
  • To create aggregated, de-identified and or anonymized data
  • Further uses
  • Affiliates
  • Service providers
  • Advertising partners
  • Third parties designated by you
  • Authorities and others
  • Business transferees
  • Partners
  • None
Audio, visual, and other sensory data
  • Sensory information
  • California consumer records
  • Service delivery and operations
  • Service improvement and analytics
  • Compliance and protection
  • Data sharing in the context of corporate events
  • To create aggregated, de-identified and or anonymized data
  • Further uses
  • Affiliates
  • Service providers
  • Third parties designated by you
  • Professional advisors
  • Authorities and others
  • Business transferees
  • Partners
    None
Relationship Data
  • Identifiers
  • California customer records
  • Service delivery and operations
  • Service personalization
  • Service improvement and analytics
  • Marketing and advertising
  • Events, promotions and contests
  • Compliance and protection
  • Data sharing in the context of corporate events
  • To create aggregated, de-identified and or anonymized data
  • Further uses
  • Affiliates
  • Service providers
  • Payment processors
  • Advertising partners
  • Third parties designated by you
  • Professional advisors
  • Authorities and others
  • Business transferees
  • Partners
    None
Government-issued identification number data
  • Identifiers
  • California customer records
  • Service delivery and operations
  • Service improvement and analytics
  • Compliance and protection
  • Data sharing in the context of corporate events
  • To create aggregated, de-identified and or anonymized data
  • Further uses
  • Affiliates
  • Service providers
  • Payment processors
  • Third parties designated by you
  • Professional advisors
  • Authorities and others
  • Business transferees
    None
Promotion data
  • Identifiers
  • Commercial information
  • California customer records
  • Internet or network information
  • Service delivery and operations
  • Service personalization
  • Service improvement and analytics
  • Marketing and advertising
  • Events, promotions and contests
  • Compliance and protection
  • Data sharing in the context of corporate events
  • To create aggregated, de-identified and or anonymized data
  • Further uses
  • Affiliates
  • Payment processors
  • Professional advisors
  • Authorities and others
  • Business transferees
  • Advertising partners (to facilitate online advertising)
  • Partners
Data about others
  • Identifiers
  • California consumer records
  • Service delivery and operations
  • Service personalization
  • Service improvement and analytics
  • Marketing and advertising
  • Events, promotions and contests
  • Compliance and protection
  • Data sharing in the context of corporate events
  • To create aggregated, de-identified and or anonymized data
  • Further uses
  • Affiliates
  • Service providers
  • Payment processors
  • Advertising partners
  • Third parties designated by you
  • Professional advisors
  • Authorities and others
  • Business transferees
  • Partners
    None
Device data
  • Identifiers
  • Internet or network information
  • Service delivery and operations
  • Service personalization
  • Service improvement and analytics
  • Marketing and advertising
  • Events, promotions and contests
  • Compliance and protection
  • Data sharing in the context of corporate events
  • To create aggregated, de-identified and or anonymized data
  • Further uses
  • Affiliates
  • Service providers
  • Payment processors
  • Advertising partners
  • Third parties designated by you
  • Professional advisors
  • Authorities and others
  • Business transferees
  • Partners
  • Advertising partners (to facilitate online advertising)
  • Partners
Online activity data
  • Identifiers
  • Commercial information
  • Internet or network information
  • Service delivery and operations
  • Service personalization
  • Service improvement and analytics
  • Marketing and advertising
  • Events, promotions and contests
  • Compliance and protection
  • Data sharing in the context of corporate events
  • To create aggregated, de-identified and or anonymized data
  • Further uses
  • Affiliates
  • Service providers
  • Payment processors
  • Advertising partners
  • Third parties designated by you
  • Professional advisors
  • Authorities and others
  • Business transferees
  • Partners
  • Advertising partners (to facilitate online advertising)
  • Partners
Communication interaction data
  • Identifiers
  • Commercial information
  • California consumer records
  • Internet or network information
  • Service delivery and operations
  • Service personalization
  • Service improvement and analytics
  • Marketing and advertising
  • Events, promotions and contests
  • Compliance and protection
  • Data sharing in the context of corporate events
  • To create aggregated, de-identified and or anonymized data
  • Further uses
  • Affiliates
  • Service providers
  • Payment processors
  • Advertising partners
  • Third parties designated by you
  • Professional advisors
  • Authorities and others
  • Business transferees
  • Partners
  • Advertising partners (to facilitate online advertising)
  • Partners
Data derived from the above
  • Inferences
  • Service delivery and operations
  • Service personalization
  • Service improvement and analytics
  • Marketing and advertising
  • Events, promotions and contests
  • Compliance and protection
  • Data sharing in the context of corporate events
  • To create aggregated, de-identified and or anonymized data
  • Further uses
  • Affiliates
  • Service providers
  • Advertising partners
  • Professional advisors
  • Authorities and others
  • Business transferees
  • Partners
  • Advertising partners (to facilitate online advertising)
  • Partners
Other Sensitive Personal Information
We do not intentionally collect this information, but it may be revealed in identity data or other information we collect
  • Protected classification characteristics
  • Service delivery and operations
  • Service improvement and analytics
  • Compliance and protection
  • Data sharing in the context of corporate events
  • To create aggregated, de-identified and or anonymized data
  • Further uses
  • N/A
  • None

Additional information for Nevada residents

Nevada residents have the right to opt-out of the sale of certain personal information for monetary consideration. While we do not currently engage in such sales, if you are a Nevada resident and would like to make a request to opt out of any potential future sales, please email KohlerGlobalDataPrivacy@kohler.com.

Contact Us

If you have questions or concerns about our privacy policies or information practices, please contact us using the contact details set forth in the How to contact us section.

 

Supplemental Notice for European Union and United Kingdom


GENERAL

Where this Notice to European users applies. The information provided in this "Notice for European users" section applies where we are processing the personal information of individuals located in the United Kingdom or the European Economic Area (i.e., "Europe" as defined at the beginning of this Privacy Policy).

Personal information. References to "personal information" in this Privacy Notice should be understood to include reference to "personal data" as defined in the "GDPR" (i.e., the General Data Protection Regulation 2016/679 ("EU GDPR") and the EU GDPR as it forms part of UK law ("UK GDPR"). This means information about individuals from which they are either directly identified or can be identified.

Controller. Kohler, Wisconsin is the controller in respect of the processing of your personal information covered by this Privacy Policy for purposes of the GDPR. See the How to contact us section above for our contact details.


Our legal bases for processing

In respect of each of the purposes for which we use your personal information, the GDPR requires us to ensure that we have a "legal basis" for that use.

Our legal bases for processing your personal information described in this Privacy Notice are listed below.

  • Where we need to perform a contract, we are about to enter into or have entered into with you ("Contractual Necessity").
  • Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests ("Legitimate Interests"). More detail about the specific legitimate interests pursued in respect of each Purpose we use your personal information for is set out in the table below.
  • Where we need to comply with a legal or regulatory obligation ("Compliance with Law").
  • Where we have your specific consent to carry out the processing for the Purpose in question ("Consent").

We have set out below, in a table format, the legal bases we rely on in respect of the relevant purposes for which we use your personal information – for more information on these purposes and the data types involved, see the How we use your personal information section of this Privacy Policy.

Purpose Categories of personal information involved Legal basis
Service delivery and operations
  • Contact data
  • Demographic data
  • Profile data
  • Preference data
  • Health-related data
  • Communications data
  • Transaction and booking data
  • Payment data
  • User-generated content
  • Audio, visual and other sensory data
  • Relationship data
  • Government-issued identification number data
  • Third-party source data
  • Device data
  • Contractual Necessity
  • Consent, in respect of any health data required for this purpose.
Service personalization
  • Demographic data
  • Profile data
  • Preference data
  • Device data
  • Online activity data
  • Legitimate Interests. We have a legitimate interest in providing you with a good service, which is personalised to you and that remembers your selections and preferences.
  • Consent, in respect of any non-essential cookies used for this purpose.
Service improvement and analytics
  • Contact data
  • Demographic data
  • Profile data
  • Communications data
  • Transaction and booking data
  • Device data
  • Online activity data
  • Communication interaction data
  • Legitimate Interests. We have a legitimate interest in providing you with a good service, which is personalised to you and that remembers your selections and preferences.
  • Consent, in respect of any non-essential cookies used for this purpose.
Direct marketing
  • Contact data
  • Demographic data
  • Profile data
  • Communications data
  • Transaction and booking data
  • Marketing data
  • Communication interaction data
  • Legitimate Interests. We have a legitimate interest in promoting our operations and goals as an organisation and sending marketing communications for that purpose.
  • Consent, in circumstances or in jurisdictions where consent is required under applicable data protection laws to the sending of any given marketing communications.
Interest-based advertising
  • Demographic data
  • Device data
  • Online activity data
  • Consent
Events, promotions and contests
  • Contact data
  • Promotion data
  • Demographic data
  • Profile data
  • Communications data
  • Contractual Necessity to administer the promotions and contests in accordance with the terms or rules thereof (including communicating with you as and where necessary).
  • In respect of promoting these promotions and contests:
    • Legitimate Interests – we have a legitimate interest in promoting these promotions and contests, including associated publicising of our business and operations.
    • Consent – in circumstances or in jurisdictions where consent is required under applicable data protection laws to the sending of any given promotional communications.
Compliance and protection
  • Any and all data types relevant in the circumstances
  • Compliance with Law.
  • Legitimate Interests. Where Compliance with Law is not applicable, we have a legitimate interest in participating in, supporting, and following legal process and requests, including through co-operation with authorities. We may also have a legitimate interest of ensuring the protection, maintenance, and enforcement of our rights, property, and/or safety.
Data sharing in the context of corporate events
  • Any and all data types relevant in the circumstances
  • Legitimate Interests. We have a legitimate interest in sharing personal information in the context of certain corporate events to ensure the continuity of the Service and the ongoing operation of our business.
To create aggregated, de-identified and/or anonymized data
  • Any and all data types relevant in the circumstances
  • Legitimate Interests. We have a legitimate interest in taking steps to ensure that our Services and how we use personal information does not unnecessarily compromise your privacy.
Further uses
  • Any and all data types relevant in the circumstances
  • The original legal basis relied upon, if the relevant further use is compatible with the initial purpose for which the Personal Information was collected.
  • Consent, if the relevant further use is not compatible with the initial purpose for which the personal information was collected.

Retention

We retain personal information for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for Compliance and protection purposes.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

When we no longer require the personal information we have collected about you, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. If we anonymize your personal information (so that it can no longer be associated with you), we may use this information indefinitely without further notice to you.


Other Info

No obligation to provide personal information. You do not have to provide personal information to us. However, where we need to process your personal information either to comply with applicable law or to deliver our Services to you, and you fail to provide that personal information when requested, we may not be able to provide some or all aspects of our Service to you. We will notify you if this is the case at the time.

Sensitive personal information. As part of our provision of certain of our Services, you may choose to provide us with certain health-related data. We will only collect such health-related data where you have provided us with your explicit consent to its use for the specific purpose of providing you with the Services.

Unless specifically requested, we ask that you not provide us with any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, health-related data, religion or other beliefs, biometrics or genetic characteristics, criminal background or trade union membership) on or through the services, or otherwise to us.

If you do not consent to our processing and use of such sensitive personal information, you must not submit such sensitive personal information through our services.

No Automated Decision-Making and Profiling. As part of the Service, we do not engage in automated decision-making and/or profiling, which produces legal or similarly significant effects.

Security. We have put in place procedures designed to deal with breaches of personal information. In the event of any such breach, we have procedures in place to work with applicable regulators. In addition, in certain circumstances (including where we are legally required to do so), we may notify you of breaches affecting your personal information.


Your rights

General. European data protection laws give you certain rights regarding your personal information. If you are located in Europe, you may ask us to take any of the following actions in relation to your personal information that we hold:

  • Access. Provide you with information about our processing of your personal information and give you access to your personal information.
  • Correct. Update or correct inaccuracies in your personal information.
  • Delete. Delete your personal information where there is no lawful reason for us continuing to store or process it - you also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons that will be notified to you, if applicable, at the time of your request.
  • Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice, in certain circumstances. Note that this right only applies to automated information for which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Restrict. Restrict the processing of your personal information, if: (i) you want us to establish the personal information's accuracy; (ii) our use of the personal information is unlawful but you do not want us to erase it; (iii) you need us to hold the personal information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (iv) you have objected to our use of your personal information but we need to verify whether we have overriding legitimate grounds to use.
  • Object. Object to our processing of your personal information where we are relying on legitimate interests as our legal basis, and there is something about your particular situation that makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms – you also have the right to object where we are processing your personal information for direct marketing purposes.
  • Withdraw Consent. When we use your personal information based on your consent, you have the right to withdraw that consent at any time. This will not affect the lawfulness of any processing carried out before you withdraw your consent.

Exercising These Rights. You may submit these requests by email to KohlerGlobalDataPrivacy@kohler.com or our postal address provided above. We may request specific information from you to help us confirm your identity and process your request. Whether or not we are required to fulfill any request you make will depend on a number of factors (e.g., why and how we are processing your personal information), if we reject any request you may make (whether in whole or in part) we will let you know our grounds for doing so at the time, subject to any legal restrictions. Typically, you will not have to pay a fee to exercise your rights; however, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. We try to respond to all legitimate requests within a month. It may take us longer than a month if your request is particularly complex or if you have made a number of requests; in this case, we will notify you and keep you updated.

Your Right to Lodge a Complaint with your Supervisory Authority. In addition to your rights outlined above, if you are not satisfied with our response to a request you make, or how we process your personal information, you can make a complaint to the data protection regulator in your habitual place of residence.


DATA PROCESSING OUTSIDE EUROPE

We are a U.S.-based company and many of our service providers, advisers, partners or other recipients of data are also based in the U.S. This means that, if you use the Service, your personal information will necessarily be accessed and processed in the U.S. It may also be provided to recipients in other countries outside Europe.

Where we share your personal information with third parties who are based outside Europe, we try to ensure a similar degree of protection is afforded to it by making sure one of the following mechanisms is implemented:

  • Transfers to territories with an adequacy decision. We may transfer your personal information to countries or territories whose laws have been deemed to provide an adequate level of protection for personal information by the European Commission or UK Government (as and where applicable) (from time to time) or under specific adequacy frameworks approved by the European Commission or UK Government (as and where applicable) (from time to time), such as the EU-U.S. Data Privacy Framework or the UK Extension thereto.
  • Transfers to territories without an adequacy decision.
    • We may transfer your personal information to countries or territories whose laws have not been deemed to provide such an adequate level of protection.
    • However, in these cases:
      • we may use specific appropriate safeguards, which are designed to give personal information effectively the same protection it has in Europe – for example, standard-form contracts approved by relevant authorities for this purpose; or
      • in limited circumstances, we may rely on an exception, or 'derogation', which permits us to transfer your personal information to such country despite the absence of an 'adequacy decision' or 'appropriate safeguards' – for example, reliance on your explicit consent to that transfer.

You may contact us if you want further information on the specific mechanism used by us when transferring your personal information out of Europe.


 


HOW TO CONTACT US

If you have questions, complaints, or concerns regarding this Privacy Notice, please contact us at KohlerGlobalDataPrivacy@kohler.com or call the toll free number 1-800-923-1138.