Lifetime Brands, Inc. (“Company”, “us” or “we”) recognize the importance of your privacy. Please read the following privacy policy to understand how we will treat your information in connection with our Site located at Swell.com (the “Site”).
This privacy policy was last updated on February 2, 2023.
This policy applies to information we collect: (a) on this Site; (b) in e-mail, text and other electronic messages between you and this Site; or (c) through mobile and desktop applications you download from this Site, which provide dedicated non-browser-based interaction between you and this Site.
It does not apply to information collected by (a) us offline or through any other means, including on any other Site operated by Company or any third party (including our affiliates and subsidiaries) or (b) any third party (including our affiliates and subsidiaries), including through any application or content that may link to or be accessible from or on the Site.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site. By accessing or using this Site, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
We may collect several types of information from and about users of our Site, including your name, address, email address, telephone number, credit or debit card number, and other similar information that can be used to identify you (“Personal Data”). Specifically, when you use our Site, we may collect the following:
As you navigate through and interact with our Site, we may use cookies, flash cookies, or web beacons (collectively, “Automatic Data Collection Technologies”) to collect certain information about your equipment, browsing actions and patterns. We may use these technologies to collect information about your online activities over time and across third-party Sites or other online services (behavioral tracking). The information we collect automatically may include personal information or we may associate it with personal information we collect in other ways or receive from third parties. See the section titled “Automatic Data Collection Technologies” below to learn more.
Automatic Data Collection Technologies help us to improve our Site and to deliver a better and more personalized service, including by enabling us to: (a) estimate our audience size and usage patterns; (b) store information about your preferences, allowing us to customize our Site according to your individual interests; (c) speed up your searches; and (d) recognize you when you return to our Site.
The technologies we use for this automatic data collection may include:
Some content or applications, including advertisements, on the Site are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see the section titled "Choices About How We Use and Disclose Your Information" below.
We use information that we collect about you or that you provide to us, including any Personal Data:
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your Personal Data in this way, please adjust your user preferences in your account profile. For more information, see the section titled "Choices About How We Use and Disclose Your Information" below.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Data for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
By providing your wireless phone number(s) to us, you expressly consent to receive marketing and non-marketing calls and text messages from or on behalf of the Company. Your consent to receive calls or texts is not a condition of any purchase. Consent to receive calls or text messages can be revoked at any time. To revoke your consent, please follow the unsubscribe link in the relevant communications or contact us using the link at the bottom of the message. Even after you opt-out or update your marketing preferences, however, we may still contact you for transactional or informational purposes. These include, for example, customer service issues, returns or product-related inquiries, surveys or recalls, or any questions regarding a specific order. For more information about our text messaging program, please see our Text Messaging Terms of Use.
From time to time, we may partner with DailyKarma to enable DailyKarma’s Shop for Good Program on our website. The Shop for Good Program allows our users to participate in pre-selected charitable giving initiatives supported by DailyKarma. By participating in the Shop for Good Program, you acknowledge that we may share your personal information with DailyKarma. Please see the DailyKarma website policies to learn more.
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction:
We have implemented commercially suitable physical, electronic, and managerial measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. These procedures include, but are not limited to, firewalls, encryption, intrusion detection, and Site monitoring. We also limit access to any Personal Data we receive to employees who need access to that information in order to do their jobs.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
You can review and change your personal information by logging into the Site and visiting your account profile page.
You may also send us an e-mail at datarequests@lifetimebrands.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your Personal Data without also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions from the 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. Proper access and use of information provided on the Site, including User Contributions, is governed by our terms of use.
California Civil Code Section § 1798.83 permits users of our Site that are California residents to request, at one (1) time each year, certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to datarequests@lifetimebrands.com or write us at:
Lifetime Brands, Inc.
Attn: Consumer Services - Data Requests
22 Blake Street
Medford, MA 02155
Our Site is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Site or on or through any of its features/register on the Site, make any purchases through the Site, use any of the interactive or public comment features of this Site or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at datarequests@lifetimebrands.com.
Residents of California, Colorado, Connecticut, Utah, and Virginia (the “States”) may have additional rights. Where we collect Personal Data from residents of the States we comply with the consumer privacy laws of the States (“US Privacy Laws”). This Supplemental US Privacy Notice applies to residents of the States (“you” or “your”).
For the purposes of this Supplemental US Privacy Notice, “Personal Data” means information that is linked or reasonably linkable to a particular individual or household. However, the following categories of information are not Personal Data:
This Supplemental Privacy Notice provides the following information to residents of the States:
The table below outlines the categories of Personal we collect about residents of the States and whether and how they are disclosed to third parties.
We collect Personal Data from the following sources:
|
Category |
Examples |
Purpose(s) |
Disclosure to a 3rd Party |
Retention Period |
|---|---|---|---|---|
|
A. Identifiers. |
Identifiers may contain the following: name, shipping addresses, billing address, email address, phone number |
To communicate with you about your orders or purchases, your account, and your requests for information; to provide customer support in response to your communications with us; to send you updates about new products and offers that may be of interest to you; to tailor your experience at our Sites, showing you content that we think you might be interested in |
This data may be disclosed to Processors, Affiliates, Other Users of our services, and Business Partners |
For as long as necessary to fulfill our legitimate business purposes. |
|
B. Commercial Information. |
Commercial Information may contain the following: order history and preferences |
To enhance your online shopping experience, including as a way to recognize you and welcome you to the Sites and to provide you with customized Site content |
This data may be disclosed to Processors, Affiliates, Other Users of our services, and Business Partners |
For as long as necessary to fulfill our legitimate business purposes. |
|
C. Internet / Electronic Activity. |
Internet/Electronic Activity may contain the following: Information automatically collected from your browser, such as your browser type, viewed webpages, links that are clicked, IP address, mobile device identifier or other unique identifier, sites or apps visited before coming to our Site, the amount of time you spend viewing or using the Site, the number of times you return, or other click-stream or site usage data, emails we send that you open, forward, or click through to our Site |
To improve our Sites, customer service, and user experience |
This data may be disclosed to Processors, Affiliates, Other Users of our services, and Business Partners |
For as long as necessary to fulfill our legitimate business purposes. |
|
D. Imprecise Geolocational Data. |
Imprecise Geolocational Data may contain the following: Information automatically collected from your device, such as your internet service provider’s address; your internet protocol or IP address; your MAC address; your operating system; and the type of handheld or mobile device used to link to the web page |
To improve our Sites, customer service, and user experience |
This data may be disclosed to Processors, Affiliates, Other Users of our services, and Business Partners |
For as long as necessary to fulfill our legitimate business purposes. |
We do not collect any Sensitive Personal Data as defined by US Privacy Laws.
We use Personal Data for the purposes described above. Personal Data may also be used or disclosed as otherwise permitted or required by applicable law.
We disclose Personal Data to the following categories of third parties:
See the table above for more details about how different categories of Personal Data are disclosed.
We do not sell Personal Data to anyone.
Residents of the States may have the following rights under US Privacy Laws:
If you are a resident of a State, you can submit a request to exercise your Personal Data rights under US Privacy Laws by visiting our online portal at https://www.requesteasy.com/637e-8045. To protect your privacy, we may need to authenticate your identity before we respond to your rights request. We will use commercially reasonable efforts to verify your identity for this purpose. Any information you provide to authenticate your identity will only be used to process your rights request. Please be aware that we do not accept or process rights requests through other means (e.g., via fax or social media).
After submitting your request online, you will receive a follow-up email, which may include a link you must click on in order to verify your identity. If you do not click on that link, we may be unable to complete your request due to lack of verification. It is important that you provide a valid email address in order for us to be able to process your request.
We will respond to your rights request within 45 days, though in certain cases we may inform you that we will need up to another 45 days to act on your request. If we suspect fraudulent or malicious activity on or from your account, we will delay taking action on your request until we can appropriately verify your identity and the request as authentic. Also note that each of the rights are subject to certain exceptions. If you believe our response to your rights request is insufficient, you can appeal our decision by contacting the Data Protection Compliance Officer at datarequests@lifetimebrands.com and we will inform you of our final decision within 45 days.
We reserve the right to decline to process, or charge a reasonable fee for, requests that are manifestly unfounded, excessive, or repetitive.
“Targeted advertising” as used in this Privacy Notice means the disclosure of Personal Data to a third party for behavioral advertising. An example of this is displaying advertisements where the advertisement is selected based on Personal Data obtained from that person’s activities over time and across nonaffiliated websites or online applications to predict such person’s preferences or interests. We disclose some Personal Data for behavioral advertising. You can opt out of the sharing of your Personal Data for targeted advertising by submitting a rights request as described above.
You may have the right to limit some uses of Sensitive Personal Data. In particular, you may direct companies not to use Sensitive Personal Data except as necessary to provide goods or services you have requested. However, we do not collect or Process any Sensitive Data.
You may designate an authorized agent to make a rights request on your behalf. Your authorized agent may submit such a request by following the same method described above. We may require verification of your authorized agent in addition to the information for verification above for US residents and households.
We will not discriminate against you for exercising any of your rights under US Privacy Law. Unless permitted by the applicable US Privacy Law, we will not:
However, we may offer you certain financial incentives permitted by the CPRA US Privacy Laws that can result in different prices, rates, or quality levels. Specifically, we may provide special offers and benefits (“Offers”) to customers who chose to participate or sign up to receive communications from us via email. The information we may request includes name, address, state, country, zip code, and email. US Privacy Laws may consider these Offers to be a “financial incentives.” We estimate the value of Personal Data solely for purposes of the US Privacy Laws to be reasonably related to the value of the offer or discount presented to you. For specific terms, please see Loyalty and Referral Programs Terms of Use.
Our Site is hosted and operated in the United States. By using the Site, you are consenting to the transfer of your Personal Data to the United States. If you are accessing the Site from outside of the United States, please be advised that United States’ law may not offer the same privacy protections as the laws of your jurisdiction.
It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Site home page. If we make material changes to how we treat our users’ personal information, we will notify you by e-mail to the e-mail address specified in your account and/or through a notice on the Site home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Site and this privacy policy to check for any changes.
To ask questions or comment about this privacy policy and our privacy practices, contact us at:
Lifetime Brands, Inc.
Attn: Data Protection Compliance Officer
1000 Stewart Avenue
Garden City, NY 11530