Privacy Policy

Our Commitment to Privacy

This Privacy Policy (“Policy”) explains:

• What personal information Otter Products, LLC (“we”) collect.
• How we use, share, and protect it.
• Your rights and choices regarding your information.

This Policy applies to information collected through:

• This website (“Website”).
• Email, text, phone, and other electronic communications.
• Other interactions you have with us.

Please read this Policy carefully. If you have any questions about this Policy, you may contact us at any time using the methods described below. If you do not agree with this Policy or our practices, you may choose not to use this Website.

If you are applying for a position, please see our Applicant Privacy Policy for supplemental information about how your personal data is processed during the recruitment process.

Personal Information We May Collect

Depending on your interactions with us and your device or account settings, we may collect one or more of the following categories of personal information about you. Not all categories of personal information will be collected or received about every individual.

• Identifiers such as your name, email address, telephone number, mailing address, device and online identifiers (e.g., MAC or IP address, login/account credentials, and social media usernames), social security number (U.S. citizens and residents only), and other similar identifiers.
• Commercial information such as purchase and transaction history information (e.g., products you have purchased, returned, or considered), product reviews, sweepstakes and contest entries, and other records of products or services purchased or considered.
• Internet or other similar network activity such as browsing history, search history, information on your interaction with this Website or an advertisement.
• Communications such as emails, text messages, interactions with our customer service chatbot or customer service team, and any other communications where we are a party to the exchange.
• Financial information such as debit or credit card number or any other financial information.
• Sensory data such as audio, visual, electronic, or similar information (e.g., voice recordings and photographs).
• Inferences such as profiles reflecting individual preferences, characteristics, behavior, and other similar characteristics.

In limited circumstances, the personal information we collect may include sensitive personal information such as a credit or debit card number in combination with financial account information or account login information. This information is collected only when it is necessary to provide you with the products you order or the services you request (e.g., issue a refund or facilitate your purchase).

How We Collect Your Personal Information

Directly From You

We may collect personal information directly from you when you provide it to us. This may include information you provide when:

• Entering information on this Website such as information provided when purchasing a product, creating an account, signing up for our newsletter, posting reviews or feedback, submitting a warranty claim, using this Website’s chat features, or entering a contest, sweepstakes or promotion.
• Contacting us such as calling our customer service line or emailing us.
• Responding to surveys we might ask you to complete.
• Applying or requesting to be one of our vendors, service providers, affiliates, brand ambassadors, influencers, or authorized resellers.

You are not required to provide the personal information we request, but, if you choose not to provide the requested information, we may not be able to provide you with our products or services.

Please be aware that this Website includes links to other sites whose privacy practices may differ from ours. If you submit personal information to any of those sites, your information is governed by that site’s privacy policy. We encourage you to carefully read the privacy policy of any site you visit.

Information We Collect Automatically

• Cookies and Tracking Technologies. We may place our own or third-party cookies, beacons, invisible tags, and other tracking technologies or social media features (e.g., the Facebook “like” button) on this Website that collect and store information about your use of and interactions with this Website and our services.
• Other Features. This Website may use social media features (e.g., the Facebook “like” button) and framing techniques to serve content from third parties, while preserving the look and feel of this Website. These features may set a cookie to enable the feature to function properly.

For further information, please see Log Files, Cookies, and Other Tracking Technologies.

From Other Sources

We may collect or obtain information about you from other sources such as information that:

• You chose to make public, including via social media networks and other public communities, chats, or forums.
• We receive from marketing vendors, data brokers, advertising networks, and third-party providers of business contact information.
• We receive if another party makes a purchase for you and provides us with your information. In such case, we will only use your information to fulfill the purpose the other party provided it to us for.

We will use information from third parties only if we believe you have provided your consent to the third party for them to share your information with us (where such consent is required), or where we have a legitimate interest in using your information to provide you with the content or service you have requested.

We may combine information provided by third parties with personal information provided by you in order to identify prospective customers, identify products you may be interested in, create more tailored advertising, and improve the accuracy of our records.

How We Use Your Personal Information

We use, disclose, and otherwise process the personal information we collect for the following business and commercial purposes:

• Provide products/services. These uses include processing your order or warranty claim, creating, maintaining, or servicing your account, and providing any other services you request from us.
• Communicate with you. These uses include providing customer service, sending you transactional communications about your purchase, marketing communications, and communications about polls, surveys, contests, and sweepstakes. You may opt out of receiving any, non-service-related communications by clicking on the “Unsubscribe” link in any email we send to you or replying to any email we send you and entering the word “UNSUBSCRIBE” in the subject line.
• Personalize online content. These uses include personalizing your website experience and delivering content, product, and service offerings relevant to your interests.
• Market/advertise. These uses include developing and conducting marketing campaigns, understanding your browsing behavior and journey while on this Website to better serve and support you, preparing future content based on the interests of our users, and delivering targeted offers and ads.
• Fraud prevention and security. These uses include maintaining the safety, security, and integrity of this Website, our products and services, and our business, databases, and other technology assets, and preventing transactional fraud.
• Operate and improve our business. These uses include testing, research, analysis, product and Website development, and quality assurance.
• Display testimonials. These uses include providing the functionality to allow you to write and submit a product review or testimonial and displaying such reviews and testimonials. If you wish to update or delete your testimonial, you can contact us using the contact information below.
• Facilitate business opportunities. If you apply or request to be one of our vendors, service providers, brand ambassadors, influencers, or authorized resellers, we may use your personal information to evaluate and establish the terms of our relationship, communicate with you, administer your account, render and receive payments, fulfill orders, provide customer service support, and otherwise maintain our relationship with you.
• Comply with legal obligations. These uses include complying with our legal obligations (e.g., maintaining records of your privacy requests or choices) and responding to law enforcement requests or court orders.
• Corporate transactions. These uses include evaluating or conducting a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets in which personal information held by us about this Website’s users is among the assets transferred.
• For any other reason you authorize. These uses include fulfilling or meeting the reason you provided the personal information.

Who We Share Your Information With

Companies within our Corporate Family

We may provide your personal information to our affiliated entity, Otter Products EMEA Unlimited Company (located in Ireland), to carry out regular business activities such as to provide, maintain, and personalize our websites and services, communicate with you, and, pursuant to contractual safeguards, accomplish our legitimate business purposes.

Service Providers and Contractors

We may disclose your personal information to service providers and contractors that provide services to help us with our business activities such as shipping your order; processing payment; addressing a warranty claim; sending our communications; administering testimonials, contests, and sweepstakes; improving this Website, its functionality, and our understanding of our users’ experience; and administering our vendor and service provider programs.

Service providers and contractors are authorized to use your personal information only as necessary to provide these services to us pursuant to written instructions, must abide by our data privacy and security requirements, and are not allowed to use any personal information they receive from us for any other purpose. Except as otherwise provided in this Policy, we will not share your personal information with any other third-party organization not acting as a service provider or contractor for us except with your express consent.

Other Third Parties

We may share your information with other types of third parties, including:

• Data analytics providers. These are parties who provide aggregated reporting on this Website’s performance, our users’ experience when on this Website, and the effectiveness of our advertising campaigns and services (e.g., Google Analytics).
• Customer support providers. These are third parties that provide customer support services such as when you interact with our chatbot.
• Advertising and marketing providers. These include advertisers (e.g., advertising agencies or networks) and marketing businesses who we use to improve our understanding of our users’ experience when on this Website and provide you with offers, promotions, ads, or products and services that we think you may enjoy. This type of sharing may be considered a “sale” or “sharing” under certain state privacy laws. If you do not want us to sell or share your personal information with these companies, please refer to Rights Regarding Your Personal Information on how you can opt out of this type of sale or sharing.
• Social media platforms. If you interact with or click on social media features (e.g., the Facebook “like” button) or access features of our online services that contain content or features provided by social media platforms, the applicable platform may collect or have access to personal information of yours. This collection and access are subject to the applicable platform’s privacy policy.
• Parties you direct us to share your information with. We may share your information with other third parties as directed, requested, or authorized by you.

Pursuant to Legal Requests or Requirements

In certain situations, we may be required to disclose personal information in response to lawful requests such as public authority or law enforcement requests, subpoenas, or other types of requests relating to legal proceedings. We reserve the right to disclose your personal information as necessary to comply with these obligations and the law. Additionally, we reserve the right to retain and disclose your personal information when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

Corporate Transactions

If we are involved in a merger, acquisition, dissolution, sale of all or a portion of its assets, or other fundamental corporate transaction, we reserve the right to sell or transfer your information as part of the transaction. In such an event, you will be notified via email or a prominent notice on this Website of any change in ownership, incompatible new uses of your personal information, and choices you may have regarding your personal information.

Log Files, Cookies, and Other Tracking Technologies

When you use this Website, we may automatically collect personal information about your use of this Website, including via cookies, beacons, invisible tags, and other web tracking technologies (collectively, “Cookies”).

Cookies are small text files that are used to store information on your computer or device. We may use both session cookies and persistent cookies. A session cookie is temporary and is automatically deleted after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to this Website.

We may use our Cookies or third-party Cookies. Any personal information collected or submitted by you via any third-party Cookie is governed by that party’s respective privacy policy, and we encourage you to carefully read the applicable third-party privacy policy. In some cases, we may receive reports based on the use of third-party Cookies on an individual as well as an aggregated basis. We currently use the following categories of Cookies:

• Functional. These Cookies are required for basic site functionality such as Cookies that allow you to be remembered as you explore the site within a single session or, if you request, from session to session. They help make the shopping cart and checkout process possible as well as assist with security issues and comply with regulations.
• Performance. These Cookies allow us to improve and optimize the Website’s functionality such as by tracking usage on this Website (including user traffic usage characteristics, usage statistics, and search terms), improving the speed with which we can process your request, and allowing us to remember your shopping cart items and site preferences (e.g., language preferences).
• Social Media and Advertising. These Cookies offer the possibility to connect you to your social networks and share content from this Website through social media. They may also collect information to help us and third parties tailor advertising to your interests, both within and outside this Website, such as by analyzing trends, tracking your browsing behavior and interests (such as tracking the categories or products viewed in order to send relevant product notices or tracking what you have put in your shopping cart, including when you have abandoned your cart, and using this information to send you a cart reminder message via SMS message), collecting and cataloging search terms, and gathering demographic information about our Website users.
• Customer Service and Product Support Chat. These Cookies enable us to provide you with our chat bot functionality to answer your questions or assist you while browsing this Website.

Where required by applicable law, we will obtain your consent prior to using certain types of Cookies. Depending on the state or country in which you are located, you may be able to reject any non-functional Cookies when you first access this Website. You may also adjust your preferences by clicking on the “Cookies Settings” link at the bottom of this Website. If you choose to block some or all Cookies, you will still be able to use this Website, but your ability to use some features or areas of this Website may be limited.

In addition to Cookies, this Website utilizes industry standard analytics packages that automatically gather limited information on Website users and stores this information in server log files. This information is used for Website administration as well as for analysis of Website usage and trends.

We also use “local storage” such as HTML5 to store content information and preferences. Third parties that provide certain features on this Website (e.g., YouTube) also use local storage to collect and store information. Various browsers may offer their own management tools for removing local storage.

Rights Regarding Your Personal Information

If you are a resident of California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, or Virginia, you may have one or more of the following rights regarding the use of your personal information:

• Right to know whether we have collected personal information about you and the right to access such data. Depending on your state of residence, you may also be entitled to a list of the specific third parties (or categories) to which we have disclosed your personal data or a list of specific third parties (or categories) to whom we have disclosed any consumer’s personal data if we do not maintain such information in a format specific to you.
• Right to correct any inaccurate personal information that we maintain about you, taking into account the nature and purposes of the information processing.
• Right to delete personal information about you that we have either collected from you or obtained about you and retained, subject to exceptions.
• Right to opt out of one or more of the following: (i) the sale or the sharing of your personal information to third parties by us, (ii) the processing of your personal data for purposes of targeted advertising, or (iii) profiling in furtherance of decisions that may have a legal or other significant impact.
• Right to obtain a copy of your personal data in a portable and readily usable format that allows you to transmit the data to another party without hindrance (i.e., the right to data portability).
• Right not to be discriminated against if you choose to exercise any of the above rights.

Unless otherwise required by applicable law, we will provide you with a free copy of the data you request up to twice per twelve (12) month period.

If you are a resident of the state of Nevada, you may opt out of future sales of certain covered information that a website operator has collected or will collect about a resident of the State of Nevada. We do not currently sell covered information for monetary consideration, but if you would like to submit such a request, please see How to Opt-Out of the “Sale” and “Sharing” for Targeted Advertising.

Exercising Your Rights to Know/Access, Correct, or Delete

To exercise your right to know/access, correct, or delete, please submit your request using our Privacy Request Form or by calling us at 1-855-688-7269.

When you submit one of the above requests, you will be asked to provide the following information about yourself to help us verify your identity:

• First and last name
• Whether you are a customer, employee/former employee, or job applicant
• State of residence or, if located outside the United States, country of residence
• Type of request (e.g., know/access, correct, delete)

The information you provide as part of your request will only be used to verify your identity. You do not need to create an account with us to submit your request. Only you, your authorized agent, or, if the consumer is less than 18 years of age, the consumer’s parent or legal guardian may make a request.

Within ten (10) business days, we will confirm receipt of your request and ask you to verify your identity. Once your identity has been verified, we will endeavor to complete your request within thirty (30) calendar days or as otherwise required by applicable law. If we require more time, we will inform you in writing electronically of the reason for the delay and of the extension period.

Reasons Why We May Deny Your Request

We will exercise commercially reasonable efforts to verify your identity; however, if you do not provide the information necessary for us to verify your identity or fail to respond to our request to confirm your identity and email address, or we are otherwise unable to verify your identity based on the information you provided and the information we maintain, we will be unable to fulfill your original request.

If you make a request to delete your personal information, we may not be able to delete certain personal information, including, but not limited to, information that we need to process your payment, fulfill your order, or facilitate your return or warranty claim and information that we must maintain for legal or compliance purposes.

We may not be able to honor your request to the extent it restricts our ability to comply with applicable laws and regulations or if we believe the information is necessary to exercise or defend a legal claim or to protect our operations. Additionally, your request may be denied because the information falls under an exception under applicable law.

If we deny your request, we will notify you and let you know the reasons why we denied your request. To the extent we can honor part of your request, we will honor that portion of your request.

Appealing Our Decision

If you believe we have made an error in responding to your consumer rights request or would like to appeal a decision regarding your consumer rights request, please contact us at [email protected] explaining the reasons for your appeal. No later than thirty (30) calendar days after the receipt of your appeal (or sooner if required by applicable law), we will inform you in writing as to whether any action was taken or not taken in response to your appeal, including a written explanation of the reasons for our decision.

Requests by Authorized Agents

Certain states allow an authorized agent to submit a data privacy request on your behalf. We may ask your authorized agent to provide proof that you gave such agent permission to submit the request. Additionally, we may also require you to either verify your own identity directly with us or directly confirm with us that you provided the authorized agent with permission to submit a request for you.

How to Opt-Out of the “Sale” and “Sharing” for Targeted Advertising

We use and share your personal information with others to personalize your shopping experience, show you targeted ads on other sites based on your interests and online activities, and collect analytics. Such information may be shared either online via Cookies connected to your browser or device (“Online Information”) or offline (“Offline Information”). Depending on your state of residence, these activities may be deemed a “sale” or “sharing” for targeted advertising. You can opt out of the sale and sharing of your information in the following ways:

• Online Information. You can opt out of the sale and sharing of your Online Information by either clicking here or, if your browser has a Universal Opt-Out Mechanism or Global Privacy Control, you can turn these controls on.
• Offline Information. You can opt out of the sale and sharing of your Offline Information by submitting a request via our Offline Information Opt-Out Form or by calling us at 1-855-688-7269. These requests may take up to fifteen (15) days to process. The information we collect to process your opt-out request will only be used to complete your request.

You do not need to create an account to exercise your right to opt out of the sale and sharing of your personal information. You may still see our ads even if you opt out of the sale or sharing of your personal information; however, the ads you see will be generic ads and will no longer be personalized to you.

State Specific Disclosures

California Specific Disclosures

California Consumer Privacy Act (CCPA)

This section contains additional information required by the CCPA and applies to California consumers:

• To see the categories of personal information that we have collected and the categories of sources from which we collected such personal information in the past twelve (12) months, please see Personal Information We May Collect and How We Collect Your Personal Information, respectively.
• In the past twelve (12) months, the following categories of personal information have been shared for one or more of the business and commercial purposes specified in How We Use Your Personal Information or have been sold or shared with the following categories of third parties:
  
  

  Category of Personal Information	Category of Third Party and Purpose for Processing
  	Business and Commercial	Sale or Sharing
  Identifiers	Service providers Legal, risk, and security	None
  Commercial information	Service providers Data analytic providers	Data analytics providers
  Internet or other similar network activity	Service providers Internet service providers Data analytic providers	Internet service providers Data analytics providers
  Sensory data	Service providers Advertising networks	Advertising networks
  Inferences drawn from other personal information	Service providers Data analytic providers Advertising networks	Data analytic providers Advertising networks

• In addition to the rights described in Rights Regarding Your Information, California residents also have the right to opt-out of sensitive data processing, which gives you the right to request that we limit our use of your sensitive personal information to only that use which is necessary to perform the services or provide our products to you. For further information about how we use your sensitive personal information, please see Personal Information We May Collect.
• We do not sell or share personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization from the parent or guardian of such consumer (the "right to opt-in").

“Shine the Light” Law

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits California residents who use this Website and have an established business relationship with us to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please email us at [email protected].

Colorado Specific Disclosures

This section contains additional information required by the Colorado Privacy Act and applies to Colorado consumers:

• The following categories of personal information may be processed for one or more of the specified purposes:
  
  

  Category of Personal Information	Purpose for Processing
  Identifiers	Provide products/services Communicate with you Market/advertise Fraud prevention and security Operate and improve our business Display testimonials Facilitate business opportunities Comply with legal obligations
  Commercial Information	Provide products/services Communicate with you Market/advertise Operate and improve our business
  Internet or other similar network activity	Personalize online content Market/advertise Fraud prevention and security Operate and improve our business
  Communications	Provide products/services Communicate with you Operate and improve our business
  Financial information	Provide products/services Facilitate business opportunities
  Sensory Data	Provide products/services Operate and improve our business
  Inferences	Personalize online content Market/advertise

• Please see Category of Third Party and Purpose for Processing to see the categories of personal information that have been sold to or shared with the following categories of third parties.
• Colorado residents have the right to access, correct, and delete their personal data, the right to data portability, and the right to opt out of targeted advertising, the sale of their personal data, and profiling in furtherance of decisions that produce legal or similarly significant effects on them.

Rhode Island Specific Disclosures

We have sold or shared your personal information to the following third parties:

• Amazon Advertising LLC
• Bazaarvoice, Inc.
• Commission Junction LLC
• Criteo Corp.
• ExpertVoice, Inc.
• Google LLC
• HotJar Ltd.
• iAdvize, Inc.
• Meta, Inc.
• Microsoft, Inc.
• Reddit, Inc.
• Salesforce.com, Inc.
• Tealium Inc.
• TikTok Inc.
• Trustpilot, Inc.

Protection of Personal Information

The security of your personal information is extremely important to us. We use reasonable measures to protect your personal information from loss, theft, unauthorized use, disclosure, and modification. Such measures may include, without limitation, taking steps to ensure the reliability of employees or service providers having access to your data; limiting access rights and ensuring access controls; implementing reasonable authentication procedures, security and privacy training for employees, incident management procedures, and restrictions on storing, printing, and disposing of personal data; and the configuration and management of security protection software on devices that store or transmit personal data.

Although we employ various security measures, there is risk inherent in every internet transaction, no method of electronic transmission or storage can ever be fully secure. Therefore, we cannot guarantee the absolute security of your information. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Policy.

Data Retention

We will retain your personal information for the period necessary to fulfill the purposes for which it was collected, as described in this Privacy Policy, unless a longer retention period is required by law. When those purposes no longer apply, we will take reasonable steps to delete or de-identify your personal information.

When determining the specific retention period, we consider various criteria such as the type and sensitivity of the personal information, the type of services provided to you, the impact on our ability to provide you with our products or certain features of our services, and mandatory retention periods provided by law and the statute of limitations.

International Users

We are a United States-based company, which means we may transfer, store, and otherwise process your personal data in the United States. Depending on where you are located, this means that we may, subject to applicable law, transfer your information outside the country where you are located and where information protection standards may differ. We will utilize reasonable safeguards governing the transfer and usage of your personal information and do so only in accordance with applicable legal requirements.

EU-U.S. Data Privacy Framework with UK-U.S. Extension, and Swiss-U.S. Data Privacy Framework

Otter Products, LLC participates in and has certified its compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. Data Privacy Framework (UK-U.S. DPF), and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF). Otter Products, LLC is committed to subjecting all personal data received from European Union (EU) member countries, the United Kingdom (and Gibraltar), and Switzerland, respectively, in reliance on the relevant parts of the Data Privacy Framework (DPF) Program and the DPF Principles. To learn more about the DPF, and to view our certification, visit the U.S. Department of Commerce’s Data Privacy Framework List.

Otter Products, LLC is responsible for the processing of personal data it receives, under each DPF, and subsequent transfers to a third party acting as an agent on its behalf. Otter Products, LLC complies with the DPF Principles for all onward transfers of personal data from the EU, the United Kingdom, and Switzerland, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the DPF, Otter Products, LLC is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC). In certain situations, Otter Products, LLC may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based alternate dispute resolution provider (free of charge) at TRUSTe Feedback and Resolution System.

Under certain conditions you may invoke binding arbitration when other dispute resolution procedures have been exhausted, as more fully described on DPF website.

Changes to This Policy

This Policy may change from time to time. If we make any material changes, we will notify you by means of a notice on this Website or by an email to your email address on file prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Your continued use of this Website following the posting of changes constitutes your acceptance of such changes. This Policy is effective as of the last date it was updated.

Contact Details

If you have any questions or concerns regarding this Policy or our privacy practices, you can contact us at:

The privacy mailbox is reserved for privacy related questions only. If you have a customer service inquiry (e.g., a warranty claim, issues accessing your account, order status), please visit our Customer Support Center