Privacy Policy

PRO Store USA Privacy Policy

Last Updated: April 22, 2024

This Privacy Policy describes the data privacy practices of PRO Store USA (“We” or “Our”) for the personal information collected as part of your interactions with PRO Store USA, including when You (“You” or “Your”) visit Our website – https://www.prostoreusa.com – its component pages, and/or any other website or app, made available by ProStoreUSA.com (collectively, the “Website”), purchase a product or service made available by PRO Store USA, or interact with an individual or entity authorized to act on behalf of PRO Store USA.

At PRO Store USA, We value and respect Your right to privacy and Your right to understand how certain information that relates to You is being collected and used. This Privacy Policy describes the personal information We collect, how that information is used, when and why that information is shared, and what Your rights are regarding Your personal information.

By providing Your personal information to PRO Store USA, You consent and agree to the terms of this Privacy Policy and the associated Terms of Use, as well as the collection, use, and disclosure of information as set forth in this Privacy Policy and the Terms of Use.

If You do not agree with any of the terms of this Privacy Policy and Our Terms of Use (including any modifications thereto), You should not provide any personal information to PRO Store USA and should exit the Website. However, this Privacy Policy and the Terms of Use will apply to all of Your information and actions prior to exiting the Website.

The Website is a general audience website for use by adults age 18 or over and is intended for use solely by individuals in the United States. The Website is not designed or intended for use by persons under the age of 18.

COLLECTION AND USE OF PERSONAL INFORMATION

PRO Store USA, on its own or through authorized service providers, contractors, and third parties, may collect and use the following categories of personal information:

Individual Identifiers and Contact Information – such as information that You provide for the purpose of registering with the Website, or creating an account (e.g., First Name, Last Name, Email Address, Phone Number, Mobile Phone Number, Mailing Address, Company Name, Google Nest PRO ID);
Transaction Information – such as information associated with transactions including method of payment, credit/debit card or bank account information, and shipping information for order fulfillment;
Commercial Information – such as information collected during sessions on the Website, including items added to Your cart, online purchases, online product reviews, product preferences or specific interests, items not purchased, and any promotional information related to the session;
Computer, Internet and Network Activity Information – such as information We obtain from Your use of the Website (e.g., Your server log information, queries or searches, browsing history, internet protocol address, unique device identifiers, and mobile network information);
Other electronic information – such as information from communications with Us and other user-generated content submitted by You to Us through e-mail or telephone; and
Marketing and promotional information – such as information You provide for the purpose of enrolling or participating in any programs, promotions or contests offered by PRO Store USA.

PRO Store USA and its authorized service providers, contractors and third parties obtain these categories of personal information from the following sources:

Directly from You. For example, the information You provide (or provided on Your behalf) directly to Us or to our authorized service providers and contractors (e.g., contact information, payment information, shipping information, etc.);
Indirectly from You. For example, the information from devices You use to access the Website; or information that is automatically collected about You by Us and our authorized service providers and third parties as a result of Your use of Our Website, including digital tracking tools such as cookies and similar technology; and
Information obtained by Third Parties (e.g., MailChimp, Google Analytics, Google, LLC, BigCommerce, Authorize.net, Avalara). For example, information obtained as a result of the use of our Website and other websites.

PRO Store USA, on its own or through authorized service providers, contractors and third parties may use Your personal information that You provide to Us or that is collected about You for various business or commercial purposes, including to:

Administer the Website and present the Website and its contents to You, as well as to facilitate and improve Your experience on the Website;
Process Your registration and manage Your online account;
Personalize the Website for You;
Help enable Your access to use the Website and its services;
Provide You with products and conduct transactions (including purchases and returns);
Process payments;
Process, fulfill, and ship purchase requests, and complete returns and exchanges;
Send You statements and invoices;
For advertising, promotional and marketing communications, including direct mail and direct email, and process promotions, surveys, contests, giveaways, sweepstakes, and related prizes or incentives;
Provide You with product and service recommendations based on Your interests;
Contact or communicate with You;
Address customer service issues;
Protect against fraud and unauthorized transactions;
Create analytic reports;
Perform internal systems diagnostics, analysis, monitoring, debugging and troubleshooting.

In addition, PRO Store USA may disclose Your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise, or defend its legal rights. We may also disclose Your personal information in connection with negotiations for or any actual sale, acquisition or transfer all or a portion of Our business or assets.

Please note that if You voluntarily submit any personal information for posting on Our Website or any other website, the information may become publicly available and can be accessed and used by Us and by others. Therefore, You should use care before posting any personal information online.

PERSONAL INFORMATION PROVIDED TO OTHER PARTIES WORKING WITH US

We partner with authorized service providers, contractors and third parties as an essential part of Our business operations, which allows Us to make the Website available, offer products and services to You, process and deliver Your orders, and provide information and promotional material about products that may be of interest to You.

PRO Store USA does not sell or share Your personal information in exchange for money.

(A) SERVICE PROVIDERS AND CONTRACTORS:

PRO Store USA employs authorized service providers and contractors to assist with Website operations, online transactions, marketing, and analytics (such as for Website hosting, search engine optimization, customer relationship management, payment card processing services, advertising and marketing services, order fulfillment and delivery services, cloud storage services and other third-party technology services). PRO Store USA and these authorized parties collect personal information and non-personal information, which may be provided to PRO Store USA or to these authorized service providers and contractors, including Your interests and online purchase behavior, what You have liked and clicked, and whether You have completed or abandoned a purchase. PRO Store USA may also provide Your personal information to its authorized service providers and contractors to facilitate processing and fulfilling and delivering Your order.

An authorized service provider or contractor receiving any of Your personal information from Pro Store USA is required to use and maintain that personal information only as authorized by Pro Store USA and in accordance with the terms of this Privacy Policy.

(B) THIRD PARTIES:

PRO Stores USA has partnered with Google LLC to offer Nest PRO products and services to customers registered with Google as Nest PROs. We share Your personal information with Google LLC in connection with Website operations (e.g., account verification) and for sales and marketing purposes. The Website also contains links to certain Google LLC websites. As described in more detail in the section “Other Websites” below, these other sites are not owned or controlled by PRO Store USA, and We are not responsible for the content, actions, privacy policies or information privacy and security practices of any other sites.

OTHER INFORMATION COLLECTED

PRO Store USA, on its own or through authorized service providers, contractors and third parties, may also collect and use other information from and about You that does not specifically identify the user individually. Without limitation, this may include:

Purchase interests and purchase history information;
Preferences information (including marketing and communication preferences);
Information from Your internet browser whenever You visit or use the Website (sometimes call “Log Data” or “Log Files”);
Device information and usage data;
Internet service provider;
Referring and exiting websites and pages;
Operating system;
Which pages You visit on Our Website; and
The time and date of Your visit and use of the Website’s pages.

SENSITIVE PERSONAL INFORMATION – NOT COLLECTED

We do not collect, nor do We request or require that You provide any sensitive personal information (e.g., social security number, driver’s license number, state identification card, passport number, information related to racial or ethnic origin, political opinions, religious, philosophical, or other beliefs, information related to sex life or sexual orientation, health data, biometric or genetic characteristics, criminal convictions and offenses, trade union membership, or specific geolocation), and You should not send Us and should not disclose to Us any sensitive personal information on or through the Website or otherwise.

AGGREGATING AND COMBINING INFORMATION

At times, We may aggregate certain personal information and/or non-personal information in a manner that does not identify You to determine information about Our customers, including product trends, sales histories, and where Our customers are located. We may also combine personal information with non-personal information. If We do so, We will treat such combined information as personal information.

USING NON-PERSONAL INFORMATION

Because non-personal information does not identify You individually, We may collect, use, and disclose non-personal information for any lawful purpose in Our sole discretion.

COOKIES, BEACONS, AND OPTING OUT

PRO Store USA, its authorized service providers, and certain authorized third parties use digital tracking tools such as cookies and similar technology when You use the Website (e.g., cookies, web beacons and single-pixel GIF files). Cookies are small files that are transferred to Your device’s hard drive through Your internet browser that enables the Website’s or authorized service providers’ or third parties’ systems to recognize Your browser and capture and remember certain information. This helps Us to improve Your access to Our Website, identify repeat visitors, help ensure the authenticity of registered users, provide the mechanism for online shopping, and enable Website traffic monitoring.

We use session-based cookies and persistent cookies. Session-based cookies will last only as long as Your web browser is open and are deleted when You close Your browser. A persistent cookie will last until it expires or until You delete it. At times, PRO Store USA administers the use of cookies (called first-party cookies) and tracking technologies, and at times, We rely upon authorized service providers and third parties to do so (called third-party cookies). These service providers and third parties may also use cookies, pixels and other identifiers to collect information that indicates how users interact with the Website (e.g., Google Analytics, BigCommerce).

Using cookies helps Us do a number of things to enhance Your experience as a customer or potential customer of PRO Store USA, including to:

Identify users and visitors to the Website, including new visitors and returning customers;
Remember and process the items in Your shopping cart;
Process and save Your preferences for future visits;
Ensure You do not need to login multiple times through user identification tracking;
Compile analytics, statistics and reports on Our Website and web traffic activity;
Track and target Your interests to enhance Your experience on Our Website, including searches and web traffic adjacent to activity on the Website;
Offer products and advertising that may be aligned with Your interests; and
Provide other services related to the Website.

ELECTRONIC MARKETING COMMUNICATIONS

If You receive promotional materials or newsletters from PRO Stores USA, You may unsubscribe from these communications at any time by following the instructions contained in the emails You receive or by contacting us at Toll free number: (866) 546-1017. Even if You opt-out of receiving direct marketing messages, We may still contact You about a purchase or order or in connection with other customer service activities.

DO NOT TRACK INFORMATION

Some browsers have a “Do Not Track” feature that lets You tell websites that You do not want to have Your online activities tracked. There is currently no uniform browser signal for this feature and no industry standard on how to respond to these signals. Therefore enabling/disabling the Do Not Track feature in Your browser does not ensure that all websites You visit will respond to the request.

PRO Store USA does not recognize or respond to Do Not Track signals at this time. We will reassess Our approach to responding to Do Not Track signals once an industry standard is established.

CONSUMERS’ RIGHTS TO PERSONAL INFORMATION - CALIFORNIA

If You are a resident of California, You have the following rights:

Right to Correct: You have the right to request that We correct inaccuracies in your personal information.
Right to Delete: You have the right to request that We delete personal information that We have collected from or obtained about You (subject to certain exceptions).
Right to Know: You have the right to request that We disclose to You what personal information We collect about You, including the right to request that we provide You the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, the categories of third parties to whom We disclose personal information, and the specific pieces of personal information We have collected about you (typically for the 12-month period preceding Your request).
Right to Know About Sale or Sharing: You have the right to request that We disclose to You what personal information We sell or share with third parties, including the right to request that We provide to You the categories of personal information We have collected, the categories of personal information about You which We sold or shared to third parties, the categories of third parties with whom We sold or shared such personal information and the categories of personal information We disclosed about You for a business purpose (typically for the 12-month period preceding Your request);
Right to Opt-out of Sale of Personal Information: You may request that We stop sharing data in a way that is considered a “sale.”
Right to Opt-out of Sharing of Personal Information: You may request that We stop disclosures of your personal information to a third party for cross-context behavioral advertising (i.e., targeted advertising)
Right to Non-Discrimination: You have the right not to be discriminated against because You exercised any of these rights.

To exercise any of these rights (other than non-discrimination), You may contact Us by email at DataPrivacy@prostoreusa.com or call (833) 865-0355. You may also designate an authorized agent to complete a DSAR request on Your behalf. If You use an authorized agent to submit a request, We will not act on that request unless We are able to authenticate, with commercially reasonable effort, both your identity and the authorized agent’s authority to act on your behalf.

Once You submit a completed DSAR request, You are sent an email that requires clicking on a link to verify the email address. This two-factor validation helps protect against fraudulent submissions. Please note that a DSAR request is not processed until You have authenticated Your request by verifying the email address submitted.

There may be certain circumstances when We may not completely fulfill Your request, as permitted under the applicable California statute and regulations. For example, in connection with a Request to Delete, We may need to retain certain information to complete a transaction, detect fraud, or comply with a legal obligation.

With limited exceptions, You may only make a verifiable consumer Request to Know your personal information twice within a 12-month period.

If you would like to opt-out of the sale or sharing of Your personal information by PRO Store USA with third parties, You can click on the link entitled Do Not Sell or Share My Personal Information or You may contact Us by email at DataPrivacy@prostoreusa.com or call (833) 865-0355. The processed opt-out preference will be implemented by PRO Store USA for the specific consumer account You have identified in the DSAR request.

CONSUMER'S RIGHTS TO PERSONAL INFORMATION – COLORADO, CONNECTICUT, MONTANA, OREGON, TEXAS, UTAH, AND VIRGINIA

As a resident of Colorado, Connecticut, Montana, Oregon, Texas, Utah, or Virginia, You may have one or more of the following rights:

Right to Confirm and Access: You have the right to confirm whether We are processing your personal information and request access to Your personal information.
Right to Correct: You have the right to request that We correct inaccuracies in your personal information.
Right to Delete: You have the right to request that We delete personal information that We have collected from or obtained about You (subject to certain exceptions).

Right to Obtain a Copy: You have the right to and obtain a copy of any personal information in digital format We may hold about You. If You are an Oregon resident, You also have the right to a list of third parties with whom We share personal data.
Right to Opt-out of Sale of Personal Data: You may request that We stop sharing data in a way that is considered a “sale.”
Right to Opt-out of Targeted Advertising; You may request that We stop disclosures of your personal information for targeted advertising.
Right to Opt-out of Profiling: You have the right to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects. We do not profile in a manner that would result in legal or similarly significant effects and as such do not offer this right.
Right to Appeal: If You are unsatisfied with our actions related to exercising one of your privacy rights above, You may appeal our decision.
Right to Non-Discrimination: You have the right not to be discriminated against because You exercised any of these rights.

To exercise any of these rights (other than non-discrimination), You may contact Us by email at DataPrivacy@prostoreusa.com or call (833) 865-0355.

If You are a Colorado, Connecticut, Montana, Oregon or Texas resident, You may also designate an authorized agent to complete a DSAR request on Your behalf for the Right to Opt-Out of our processing of personal information for the purposes of targeted advertising or sales. If You use an authorized agent to submit a request, We will not act on that request unless We are able to authenticate, with commercially reasonable effort, both your identity and the authorized agent’s authority to act on your behalf.

There may be certain circumstances when We may not completely fulfill Your request, as permitted under the applicable statute and/or regulations. For example, in connection with a Request to Delete, We may need to retain certain information to complete a transaction, detect fraud, or comply with a legal obligation.

Right to Appeal (CO, CT, MT, OR, TX, VA Residents) – If, for any reason, You would like to appeal our decision relating to your request and You are a resident of Colorado, Connecticut, Montana, Oregon, Texas or Virginia, You have the right to submit an appeal by contacting Us by email at DataPrivacy@prostoreusa.com or call (833) 865-0355. Please include the original Request ID, the basis for your appeal, and any additional information to consider.

OTHER WEBSITES

The Website contains links to other sites that are not owned or controlled by PRO Store USA. We are not responsible for the content, actions, privacy policies or information privacy and security practices of any other sites and encourage You to review the privacy policies of those sites. We are also not responsible for the content of linked sites. Your use of any linked sites, or any information (including Your personal information) collected, posted, used, or displayed by operators of any linked sites. In addition, PRO Store USA is not responsible for any third party, or their affiliates or agents, failure to use Your personal information in accordance with such third party’s privacy policy, or any contractual or other legal obligations to which such third party, their affiliates or agents, may be subject.

INTENDED WEBSITE AUDIENCE AND NOTICE REGARDING CHILDREN’S PRIVACY

We do not knowingly collect or store any personal information from children under the age of 18, and We request that minors do not provide any personal information to Us through the Website. If a parent or guardian becomes aware that his or her child under 18 has provided Us with information without his or her consent, he or she should contact Us as set forth in the “Contacting Us” section below.

VISITORS FROM OUTSIDE THE UNITED STATES — CROSS-BORDER TRANSFER

The Website is hosted in the United States and is intended for use only by individuals in the United States who are 18 years or older. Purchases on this Website are shipped in the United States and, as a result, the information PRO Store USA collects is governed by applicable laws of the United States. If You are visiting the Website from outside the United States, Your information may be transferred to, stored and processed in the United States or other countries.

The data protection and other applicable laws of the Unites States may not be as comprehensive as those laws or regulations in other countries or may otherwise differ from the data protection or consumer protection laws in other countries.

By using the Website and/or providing personal information to PRO Store USA, You consent to transfer and use of Your personal information by PRO Store USA as set forth and described in this Privacy Policy and Our Terms of Use.

DATA SECURITY

The security of Your personal information is very important to Us. We follow generally accepted industry standards to protect the personal information submitted to Us, and that We collect, both during transmission and once We receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while We strive to use commercially acceptable means to protect Your personal information, We cannot guarantee the absolute security of the personal information provided by You or collected by Us through use of the Website.

RETENTION AND STORAGE OF PERSONAL INFORMATION

We store all categories of the personal information that We collect (see “Collection And Use Of Personal Information” section above) for as long as You have an account with Us or the period of time necessary for the purpose for which it was collected, or as required by or permitted by applicable law.

To determine the appropriate duration of the retention of personal information, we consider a variety of factors, including the following:

The amount, nature and sensitivity of the personal information
The potential risks of harm to consumers
Our recordkeeping and legal compliance requirements
The need to protect the rights or safety of You, Us or others, including the resolution of inquiries or complaints
The need to exercise or defend legal claims
The need to prevent fraud, protect assets and promote data security

Once retention of the personal information is no longer necessary for the purposes outlined above, We will either delete or deidentify the personal information or, if this is not possible (for example, because personal information has been stored in backup archives), then We will store and protect the personal information until deletion or deidentification is possible.

UPDATES TO THIS PRIVACY POLICY

We may update Our privacy policy from time to time and use of the information We collect now is subject to the privacy policy in effect at the time of use. The "LAST UPDATED" legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised, and We encourage You to check our Privacy Policy periodically. Any changes will become effective when We post the revised Privacy Policy on Our Website. Your use of the Website, and/or your purchase of a product or service following these changes means that You accept the revised Privacy Policy.

If You have any questions about this Privacy Policy, or would like more information, You may contact us by toll free number (833) 865-0355

To exercise any rights in Your personal information, please contact Us by email at DataPrivacy@prostoreusa.com or call (833) 865-0355.