ПОЛИТИКА КОНФИДЕНЦИАЛЬНОСТИ

Last Updated: March 2024

Pelican Products is committed to protecting your privacy and personal data. The purpose of this Privacy Notice (the “Notice”) is to describe how Pelican Products, Inc. and its subsidiaries and affiliates (collectively, “Pelican,” “we,” “us,” or “our”) collect, process, share, and protect information that identifies, describes, or could reasonably be linked to you (“Personal Information”) through our websites, including www.pelican.com, www.peli.com, and www.pelibiothermal.com (collectively, the "Sites") and when you interact with us.

Please read this Notice carefully and contact us as described in the Contact Us section if you have any questions. If you do not agree with our policies and practices, do not use our Sites or provide your Personal Information to us. By using our Sites or providing your Personal Information, you expressly agree to this Policy and our Terms and Conditions.

This Notice may change from time to time. We will post changes on this page and, if the changes are material, we will provide a more prominent notice as required by applicable law. The date this Notice was last revised is at the top of the page. Your continued use of our Sites or provision of Personal Information after we amend this Notice is deemed to be your acceptance of those changes, so please check this Notice periodically for updates.

Where required by applicable law, if you need to be provided with an accessible version of this section or the Notice, please contact us using the information below.

PERSONAL INFORMATION THAT WE COLLECT

Personal Information is information that identifies, relates to, is capable of being associated with, or could be linked, directly or indirectly, with you. Below outlines the categories of Personal Information we may have collected in the preceding 12 months, specific examples, and the purpose of the collection.

Categories	Examples	Purpose – additional details included below
Identifiers, including Personal Information categories in Cal. Civ. Code § 1798.80(e).	Name; contact information; unique personal identifiers or identification numbers; online identifier; photos or images of you	To provide our products, services, and other information; for marketing and advertising; in response to law enforcement or legal requests or requirements; in connection with a transfer in the event of a corporate sale or change of control; and for internal auditing, fraud prevention, and security purposes.
Financial Information, including Personal Information categories in Cal. Civ. Code § 1798.80(e).	Financial account information, but only when provided by you
Commercial information	Products or services purchased, obtained, or considered; purchasing or consuming histories or tendencies
Sensory Information	Audio information, call and meeting recordings
Sensitive Personal Information	Pelican account credentials	To provide our products, services, and other information; in response to law enforcement or legal requests or requirements; in connection with a transfer in the event of a corporate sale or change of control; and for internal auditing, fraud prevention, and security purposes.
Internet or Other Similar Network Activity	IP address; browsing and search history; details of your interaction with our Sites or ads; error information; clickstream data	To provide our products, services, and other information; for marketing and advertising purposes; and for internal auditing, fraud prevention, and security purposes.
Geolocation data	Device location obtained through IP address, GPS, or your device	To provide our products, services, and other information; for marketing and advertising purposes; and for internal auditing, fraud prevention, and security purposes.

You also may provide information to be published or displayed on public areas of our Sites or transmitted to other customers or third parties (collectively, “User Contributions”). Your User Contributions are posted on our Sites and transmitted to others at your own risk.

HOW WE COLLECT YOUR PERSONAL INFORMATION

We collect your Personal Information:

• Directly from you when you provide it to us. For example, we collect your Personal Information when you create an account with us on our Sites; buying, ordering, or returning our products; or asking us questions.
• Automatically as you navigate through our Sites. Personal Information that we collect automatically may include usage details; your IP address; browser type; browsing activity; the pages and products on our Site that you viewed; time and date of access to our Sites; and other information collected through cookies, web beacons, and other tracking technologies, details of which are set forth below.
• From third parties that support our operations, including our advertisers, service providers, and other business partners who help us understand Sites use, how we can improve it, and promote our products.

In accordance with applicable law, when you contact us to make a general inquiry about us or our business, you may not have to identify yourself or provide any Personal Information. In some jurisdictions you may notify us that you wish to deal with us using a pseudonym. However, in such circumstances, we may not be able to provide you with the information or assistance you require. For example, the Personal Information we collect from you is required to enter a contract with Pelican, for Pelican to perform under the contract, to provide you with requested information about us, our product, or our services.

HOW WE USE YOUR PERSONAL INFORMATION

We use and disclose your Personal Information as expressly set forth in this Notice or with your consent for the following reasons:

To provide our products, services, and other information: We use and disclose your Personal Information to provide our products or services to you; facilitate the sale of our products to you; provide you with information and support that you request from us; register and service your online Pelican account; process orders for products or requests for returns; process payments; fulfill and deliver your orders; provide services that your request from us; and to contact you about your orders and requests.

For marketing and advertising purposes: We use and disclose your Personal Information to send you information about our products, services, and new offerings; send newsletters, advertisements, or other promotional communications about our Sites, products, and services; and administer surveys, sweepstakes, promotions, and contests using your information; learn about customer trends and interests; and personalize digital content.

In response to law enforcement or legal requests or requirements: We will use and disclose your Personal Information with organizations or individuals outside of Pelican if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to meet any applicable law, regulation, subpoena, legal process or enforceable governmental request; enforce applicable Terms and Conditions, including investigation of potential violations; detect, prevent, or otherwise address fraud, security or technical issues; and protect against harm to the rights, property or safety of Pelican, our users, customers or the public as required or permitted by law.

In connection with a transfer in the event of a corporate sale or change of control: If the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or our Sites to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, we may transfer your Personal Information to the new owner. In such a case, unless permitted otherwise by applicable law, your information would remain subject to the promises made in the applicable privacy policy unless you agree differently.

For auditing purposes: We will use and disclose your Personal Information to perform audits related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with applicable law.

In connection with these uses, we disclose your Personal Information to our trusted vendors, service providers, and business partners (including our subsidiaries and affiliates). These organizations will have access to your Personal Information to provide these services to us, but—when this occurs—we implement reasonable contractual and technical protections to limit their use of your Personal Information.

Financial Incentives

In some jurisdictions, we may offer you certain discounts, loyalty, or reward programs, such as our military and first responder program or one-time discounts when signing up for our marketing materials. These programs may be considered financial incentives under applicable law, which can result in different prices for our products. Participation in these programs is voluntary and require your opt-in consent, which you can withdraw at any time by Contacting Us using the information provided below. We require minimal Personal Information to provide the discounts to eligible participants. The value we receive from our discount programs includes the profits, good will, and reputation generated by these programs. At the time of offering any financial incentive, we will provide a summary of the incentive and further information relating to the material terms.

LAWFUL BASIS FOR PROCESSING YOUR PERSONAL INFORMATION

As required by applicable law, we have a lawful basis for each of our processing activities (except when an exception applies as described below), including:

• By using our Site or otherwise providing us your Personal Information, you consent to our collection, use, and sharing of your Personal Information as described in this Notice. If you do not consent to this Notice, please do not use the Site, or provide us with your Personal Information.
• Legitimate Interests. We will process your Personal Information as necessary for our legitimate interests which are balanced against your interests and rights and freedoms, and we do not process your Personal Information if your interests or rights and freedoms outweigh our legitimate interests. Our legitimate interests include facilitating communication between Pelican and you; improving our Sites; safeguarding our IT infrastructure and intellectual property; detecting and preventing fraud and other crimes; promoting and marketing our business; and developing our products and services.
• To Fulfill Our Obligations to You under our Contract. We process your Personal Information to fulfill our obligations to you pursuant to our contract with you to deliver our products and services; and
• As Required by Law. We may also process your Personal Information when we are required or permitted to by law; to comply with government inspections, audits, and other valid requests from government or other public authorities; to respond to certain legal processes, such as lawfully-issued subpoenas; or as necessary for us to protect our interests or otherwise pursue our legal rights and remedies (for instance, when necessary to prevent or detect fraud, attacks against our network, or other criminal and tortious activities), defend litigation, and manage complaints or claims. To the extent that your Personal Information is not relevant to any of these legal processes, we will use our best efforts to remove or otherwise protect your Personal Information from disclosure in response to these requests.

HOW WE DISCLOSE OR SHARE YOUR PERSONAL INFORMATION

In the preceding 12 months, we have disclosed the following for business purposes: Identifiers; Commercial Information; Financial Information; Internet or Network Activity; and Sensory Information. We do not disclose or share your sensitive Personal Information for purposes than those already identified. We disclose your Personal Information for a business purpose to the following categories of service providers and contractors:

• Service Providers engaged by us to facilitate services such as order fulfillment and payment processing.
• Contractors that provide consultancy and advisory services, such as our third-party auditors.
• Analytics and Marketing Partners, such as social media and performance marketing providers, for the purpose of marketing services and products you may want.
• Entities Involved in a Business Sale or Similar Transaction where we may buy, merge, or partner with other companies.

We do not sell your Personal Information for money. However, some laws broadly define “sale” or “sell,” and certain disclosure activities may, therefore, qualify even though we do not receive financial compensation for the exchange. For example, we share Personal Information with our Analytics and Marketing Partners to gain insights into preferences about our products and services, and for sharing advertisements with you based on Personal Information we collect from your activities over time (also known as cross-contextual behavioral advertising or targeted advertising). In the preceding 12 months, we have “sold” or “shared”, as those terms are broadly defined by law, identifiers, commercial information, and Internet or other similar network activity to analytics and marketing partners to learn about customer trends and interests, personalize your digital content, and deliver marketing communications and advertising.

If you are a California or Virginia resident, you may opt-out of the selling or sharing of your Personal Information by following the “Do Not Sell or Share My Personal Information” link.

Cookies We Use and How We Use Them

Pelican and our service providers use cookies, web beacons, and other automatic data collection technologies to receive and store certain types of information whenever you interact with us and our Sites. Cookies may store unique identifiers, user preferences, and other information. Pelican may share some information obtained through cookies and other tracking technologies with third parties that provide marketing or analytical services to Pelican. You can modify your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Site features or services may not function properly without cookies. We use cookies to improve the quality of our service, including for storing user preferences, tracking user trends, and providing relevant advertising to you. You can find more information about cookies at http://www.allaboutcookies.org.

We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to gather and store aggregate information about visitors. Please use the following link to understand how Google Analytics collects and processes data: www.google.com/policies/privacy/partners. Google Analytics uses cookies to analyze how users navigate our Sites. The information generated by the cookie about your use of the Sites (which may include your IP address) will be transmitted to and stored by Google.

We and the third parties we partner with currently do not process or comply with any web browser\'s “Do Not Track” signal or other similar mechanism that indicates a request to disable online tracking of individual users who visit our Sites or use our services. Some of our third-party service providers may collect Personal Information on users of our Sites over time and across different websites when users are visiting our Sites.

Our Sites use Hotjar’s services, a third party service provider, which helps us better understand our your user experience (such as how much time you spend on which pages, which links you choose to click) and enables us to build and maintain our Sites and services with your feedback. Hotjar uses cookies and other technologies to collect data on your behavior on our Sites and data about your device (in particular, your IP address, device screen size, device type, browser information, geographic location (country only), and your preferred language used to display our Sites). Hotjar stores this information in a pseudonymized user profile. Neither Hotjar nor we will ever use this information to identify individual users or to match it with further data on an individual user. For further details, please see Hotjar’s privacy policy by clicking on this link. You can opt-out to the creation of a user profile, Hotjar’s storing of data about your usage of our Sites by following this opt-out link.

You may be able to control the use of these technologies through your device or browser settings. If you disable or refuse cookies, please note that some features on our Sites may be inaccessible or not function properly. If you choose to opt out, you will continue to see advertisements on our Sites, but they will not be based on how your browse and shop. Further details about the automated data collection and the specific cookies that we use can be found in our Cookie Policy.

HOW WE USE YOUR PERSONAL INFORMATION FOR TARGETED ADVERTISING

We may use and share your information we collect from you to show you advertisements for Pelican’s products and services, specifically your Personal Information related to your Internet or other similar network activity. We may use cookies and other information to provide relevant interest-based advertising to you. Interest-based advertisements are those presented to you based on your browsing behavior to provide you with content more tailored to your interests. These interest-based advertisements may be presented to you while you are browsing our Sites or third-party sites not owned by Pelican.

To consent to such use, you must check the relevant box located on the form on which we collect your Personal Information or otherwise seek such consent. You may withdraw or alter your consent at any time by logging into our Sites and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending contacting us using the information provided in the Contact Us section below.

We belong to ad networks or use marketing companies, such as DoubleClick, which may use your browsing history across participating Sites to show you interest-based advertisements on those Sites. Please note that if you choose to opt out, you will continue to see advertisements on our Sites, but they will not be based on how you browse. You can learn more about interest-based advertisements and your opt-out rights and options from members of the Network Advertising Initiative (“NAI”) on its website (www.networkadvertising.org) and from members of the Digital Advertising Alliance on its website (www.aboutads.info). We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt out of receiving targeted ads from members of the NAI on its website.

LINKS TO THIRD PARTY WEBSITES

Our Sites may contain links to third party sites that are not owned or controlled by Pelican. For example, consumers in certain countries and jurisdictions may be directed to websites owned and operated by independent Pelican dealers. Please be aware that we are not responsible for the privacy practices of third parties. We encourage you to review the Notice available for each third party with which you interact.

COLLECTION OF PERSONAL INFORMATION FROM MINORS

We do not market our products or knowingly collect, sell, or share Personal Information from minors under the age of 18. If you are under the age of 18, please do not attempt to create an account with us, purchase products, or provide your Personal Information to us. If we learn that we have collected Personal Information from a user under the age of 18, we will promptly delete such Personal Information. If you believe we might have any information from a user under the age of 18, please Contact Us using the information provided in the Contact Us section below. We do not knowingly collect, sell, or share the Personal Information of consumers under 18 years of age. We are not liable for any damages that may result from a user’s misrepresentation of age.

YOUR CHOICES AND RIGHTS OVER YOUR PERSONAL INFORMATION

We strive to provide you with choices regarding your Personal Information. We have created mechanisms to provide you with control over your Personal Information:

• Reviewing Your Personal Information.You can review and change your Personal Information by logging into our Sites and visiting your account profile. You may also notify us of any changes or errors in your Personal Information to ensure that it is current, complete, and accurate. You can also ask us to notify any third parties that we provided incorrect information to about the correction, where required be applicable law. Please note that we are not able to accommodate your request if we reasonably believe it would violate any law or legal requirement or cause the information to be incorrect.
• Tracking Technologies and Advertising.You can set your browser to refuse all or some browser cookies, or to alert you when cookies are sent. If you disable or refuse cookies, please note that some parts of our Sites may be inaccessible or not function properly.
• Disclosure of Your Information for Third-Party Advertising. We will only share your Personal Information with unaffiliated or non-agent third parties for promotional purposes with your express consent. If you wish to consent to such use, you can check the relevant box located on the form on which we collect your Personal Information or otherwise seek such consent. If you wish to change your choice, you may do so at any time by logging into our Sites and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to communication@pelican.com.
• Promotional Offers from Pelican.We will only use your email address and other contact information to promote our own products and services with your consent. If you wish to consent to such use, you can check the relevant box located on the form on which we collect your Personal Information or otherwise seek such consent. If you wish to change your choice, you may do so at any time by logging into our Sites and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to communication@pelican.com.
• Communication Opt-out Requests: If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt-out does not apply to information provided to the Pelican because of a product purchase, warranty registration, product service experience, or other transactions.

Where required by applicable law, you may have some or all the following rights with respect to your Personal Information:

• Right to Know and Access: You may have the right to request that Pelican disclose certain information to you about our collection and use of your Personal Information over the past twelve (12) months.
• Right to Portability:You may have the right to obtain a copy of your Personal Information in a structured, commonly used, and machine-readable format and to have that information transmitted to another organization in certain circumstances.
• Right to Delete:You may have the right to request that Pelican delete the Personal Information that we collect from you, subject to certain exceptions. We cannot delete your Personal Information except by also deleting your user account, and we will only delete your account when we no longer have a lawful basis for processing your Personal Information or after a final determination that your Personal Information was unlawfully processed. We may not be able to accommodate a deletion request if it violates law, and we cannot completely delete your Personal Information as some data may rest in our archival or disaster recovery programs. These will be retained for the periods set forth in our retention policies. If you delete your User Contributions from this Site, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Site users.
• Right to Correction: You may have the right to request that we modify or correct errors in the Personal Information that we collect from you. However, please note that we may not accommodate a request to change Personal Information if we believe that doing so would violate any law, legal requirement, or rights of another person, or cause the information to be incorrect.
• Right to Anonymize: You may have the right to request that your data by anonymized.
• Right to Opt-Out of the Sale or Sharing of Your Personal Information: You may have the right to opt-out of the sale or sharing for cross-contextual behavioral advertising of your Personal Information. You may be able exercise this right by clicking the “Do Not Sell or Share My Personal Information” link on our Sites, where required by applicable law, or through the cookie preference center. In some jurisdictions, you may request certain information regarding our disclosure of Personal Information to third parties for their own direct marketing purposes. To make such a request, please Contact Us using the information below and we will respond as necessary in accordance with applicable law.
• Right to Limit the Use, Disclosure, or Processing: You may have the right to restrict or limit the use, disclosure, or processing of your data for any secondary purposes.
• Right to Withdraw Consent: To the extent that our processing of your Personal Information is based on your consent, you may withdraw your consent at any time by contacting us using the information below. Withdrawing your consent will not, however, affect the lawfulness of the processing based on your consent before its withdrawal, and will not affect the lawfulness of our continued processing that is based on any other lawful basis for processing your Personal Information.
• Right to Request Details on Automated Decision-Making: You may have the right to request details on the use of automated decision-making technology, including reviewing decisions made based on automated decision-making.
• Right to Lodge a Complaint with the Regulator: You may have the right to lodge a complaint with your applicable supervisory.
• Right to be Free of Discriminatory Treatment: You may also have the right to be free of discriminatory treatment for exercising your rights or choices listed above.

EXERCISING YOUR RIGHTS

To exercise your rights, submit a request to us as outlined above in the Contact Us section. Only you or, where required by applicable law, a person you authorize to act on your behalf (“an Authorized Agent”) may make a request related to your Personal Information. Except for the Right to Opt-out, once we receive your request, we will verify your identity or the identity of your Authorized Agent using information you provide to us in the request and matching it with information we have about you. With few exceptions, we will only review and fulfill a request from your Authorized Agent if (a) you grant the Authorized Agent written permission to make a request on your behalf, (b) you or the Authorized Agent provides us notice of that written permission, and (c) we are able to verify your and the Authorized Agent’s identity in connection with that notice and the request.

Please note that we cannot respond to your request or provide you with Personal Information if we cannot verify your identity, the identity of your Authorized Agent, or the authority of the Authorized Agent to make the request. We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

APPEALS

In some jurisdictions, you may have the right to appeal a decision with regard to your privacy request. To exercise your right to an appeal, please Contact Us using the information below. We will respond as necessary in accordance with applicable law.

HOW WE SAFEGUARD YOUR PERSONAL DATA

Protecting your Personal Information is one of our top priorities. We have implemented reasonable and appropriate physical, administrative, and technical safeguards and security measures to protect against the loss, misuse, or alteration of your Personal Information under our control. However, the Internet is not a completely secure environment, and we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

CROSS-BORDER DISCLOSURE OF YOUR PERSONAL INFORMATION

Your Personal Information may be transferred, processed, or stored overseas for a variety of reasons, including: (i) to Pelican Group companies located overseas to help us deliver or support the provision of our products and services to you; and (ii) third party organizations operating overseas with whom we partner to provide our products and services to you, including our contracted technical providers who may operate overseas. Overseas recipients include, but are not limited to, the US, UK, and Singapore. By using and accessing our Sites, you expressly consent to the transfer and processing of your Personal Information on servers located outside of the country where you reside, and that the protections and rights over such information may be different than required under the laws of your residence or location.

HOW LONG WE RETAIN YOUR PERSONAL INFORMATION

We retain your Personal Information for the entire time that you keep your account open and active with us. Thereafter, we may retain your Personal Information for as long as necessary to comply with any legal requirement; on our backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures; and for as long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies. We may aggregate or otherwise render information anonymous in such a manner that you are no longer identifiable. In such situations, we may retain such aggregated or anonymous information indefinitely. For any Personal Information that has not been permanently aggregated or de-identified, we will delete or destroy it upon fulfillment of the purpose for which it was collected, when we no longer have a lawful basis to store it, or as required by applicable law.

CONTACT US

If you have any questions, concerns, complaints, or suggestions regarding our Notice or would like to exercise your rights with respect to your Personal Information, please contact us at your applicable jurisdiction using the contact details provided below.

Jurisdiction	Contact Details
Americas	Pelican Products, Inc., 23215 Early Avenue, Torrance, California 90505 Toll Free: (800) 473-5422 Email: communication@pelican.com or latam@pelican.com
Australia/New Zealand	Pelican Products Pty Ltd ACN 129 367 255, 2 Forbes Close, Knoxfield, VIC 3180, AUS Phone: 03 9765 1500 Email: info.australia@pelican.com
Canada	Pelican Products ULC, 10221-184th Street, Edmonton, Alberta T5S 2J4, Canada Toll free: (866) 273-5422 Email: communication@pelican.com
EU	Peli Products, SLU., Provença, 388, planta 7, Barcelona, Spain. 08025 Phone: (+34) 93 467 4999 Email: info@peli.com
Japan	Pelican Products K.K., Nisso 22 9F, 1-11-10 Azabu Dai, Minato Wd, Tokyo, JP 106-0041 Phone: +81 33 585 9100 Email: japan@pelican.com

Where required by applicable law, we have appointed a Data Protection Officer who can be contacted through one of the methods above. If you have raised a complaint with us and you are still unsatisfied with the outcome or have further concerns about the way we manage your Personal Information, you may file a complaint with the applicable privacy regulator in your jurisdiction. Where required by applicable law, we have provided the information of the applicable privacy regulator below:

Australia

Office of the Australian Information Commissioner, GPO Box 5218, Sydney NSW 2001

Phone: 1300 363 992

Online: www.oaic.gov.au

Email: enquiries@oaic.gov.au

Canada

If you are a resident of Canada, and you have a complaint about this Notice or our practices, you may make a complaint to the Privacy Commissioner of Canada. For more information, visit https://www.priv.gc.ca/en/report-a-concern/.