Privacy Policy

Your privacy on the Internet is important to us at Functionalcolor.com. Functionalcolor.com is owned and operated by the AkzoNobel group of companies, including, without limitation, Akzo Nobel Paints LLC (fka The Glidden Company dba ICI Paints) (“Akzo Nobel Paints”). Our online privacy policy (“Privacy Policy”) describes the types of information we gather online and how we use it. Please read this information carefully. If the online information practices on Functionalcolor.com change, we will let you know by posting the Privacy Policy adjustments on our Web Site. At that time, we will remind you that you always have the opportunity to opt out of any new use of your Personal Information (as more fully set forth below).

 

Our policies relating to the transfer of Personal Information from the European Union (“EU”) to the United States are contained in our European Safe Harbor Policy.

 

Use of Information

We gather certain types of customer information in an effort to improve your shopping experience and to communicate with you about our products, services, promotions and contests. Akzo Nobel Paints may also use this information to make offers to you, help us develop and improve Functionalcolor.com and tailor our site to your interests.

 

Information Collected

We collect two types of information about users: “Personal Information” (such as name, email address, mailing address, phone number, credit card number and the items you purchase) and “Aggregate Information” (such as information about how many users log on to our sites on a daily basis).

 

Personal Information Collected

Personal Information is collected online when users voluntarily register with Functionalcolor.com to receive electronic newsletters, use community and communication services, answer surveys and enter contests and other promotional opportunities provided on Functionalcolor.com, We also maintain a record of your product interests and purchases online.

 

Aggregate Information Collected Online

Aggregate Information is non-personally identifiable/anonymous information about you, such as age, gender, types of products purchased, pages you access most frequently or search terms you enter. Aggregate Information is used in a collective manner, and no single person can be identified by that compiled information. For example, the number of people who shopped at Functionalcolor.com during a specific time period is Aggregate Information that does not personally identify a specific user. Tracking Internet Protocol (IP) addresses is one method of collecting Aggregate Information about your activities online and information volunteered by you. An IP address is a number that is automatically assigned to your computer whenever you surf the Web. The computers, which deliver the Web pages to you, automatically identify your computer by its IP address. When you request a page from our site, our servers log your IP address.

 

Sharing Information Collected Online with Third Parties, Service Providers, Consultants and Affiliates

 

We do not share, sell or trade with third parties your Personal Information gathered online, such as email addresses, Personal Information collected as part of an online survey or other specific details about you, except with your consent or as described in this Privacy Policy. We do not contribute to or participate in cooperative databases, which give other companies access to such Personal Information. For privacy purposes, all information relating to our customers is stored on a secure server, and all credit card information is stored in an encrypted format.

 

We may share Personal Information gathered online with our service providers (for example, a credit card verification service and an order fulfillment service) and consultants or for any internal business purpose. We may also disclose Personal Information if such action is required to enable us or any of our service providers or consultants to comply with any valid legal process, such as a subpoena, search warrant, statute or court order, or any valid administrative request from a law enforcement agency. We may also disclose Personal Information if we or any of our service providers or consultants believes that the Web Site has been used to commit unlawful acts or acts that may endanger the health or safety of another user or of the general public.

 

We may share Aggregate Information with affiliates, service providers and consultants for any internal business purpose and with third parties for their advertising and promotional purposes.

 

Use of Cookies

A cookie is a small data file that web sites, when you visit them, often store on your hard drive. A cookie may contain information (such as unique user ID), which is used to track the pages of the sites you’ve visited. Cookies are essential to the correct functioning of this site.

 

Google analytics terms of service

Functionalcolor.com uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies” as described above. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.”

 

Notice to P3P Users

The Platform for Privacy Preferences Project (“P3P”) is a standard developed by the World Wide Web Consortium (“W3C”) that provides an automated, machine-readable mechanism for understanding the use of your Personal Information by the web sites you visit. P3P uses a standardized set of multiple choice questions covering the major elements of a web site’s privacy policy to provide a cross-section of how the particular web site handles the personally identifiable information of its users. P3P-enabled browsers can automatically read this set of preferences made available by P3P-enabled web sites and compare this information to the user’s own set of privacy preferences. For example, Internet Explorer 6.0 requires third parties to set cookies to deliver P3P “compact” cookie policies with their cookies, and other browsers may use this mechanism soon. To enhance your online experience further, the Functionalcolor.com Web Site is now P3P enabled. For more information on the W3C and P3P, please visit http://www.w3.org/P3P/. Given certain limitations in the parameters chosen by W3C, however, the P3P mechanisms may not describe Functionalcolor.com’s privacy practices as accurately as this Privacy Policy. Accordingly, where discrepancies exist between this Privacy Policy and the P3P “compact” policies, this Privacy Policy shall control.

 

E-mail and Electronic Newsletters

Akzo Nobel Paints and its affiliates may offer electronic newsletters and emails to those who have provided their email address. You will only receive a newsletter or email if you agree during registration or directly from our newsletter sign-up form to receive these items. Unsubscribe instructions are included in each electronic newsletter and email.

 

Information Removal

If you prefer not to receive marketing emails from us, please let us know by sending us an email at info@functionalcolour.ca. If you prefer not to receive marketing mail via the mail carrier, please let us know by sending a request to Akzo Nobel Paints, 16651 W. Sprague Rd., A13o8, Strongsville, OH 44136. Please be sure to include in any email or postal mail your full name, email address, postal address and any message.

 

Please note that such requests may take up to ten (10) days to become effective.

 

Children and Privacy

We are concerned about the safety of children when they use the internet, and understand that children may not understand all the provisions of our Privacy Policy or make informed decisions about the choices that are made available to adult users of the Functionalcolor.com Web Site. We encourage parents and guardians to spend time with their children online and to be familiar with the sites their children visit.

 

The Functionalcolor.com Web Site is not directed to children under the age of 13, and we will never request personally identifiable information from anyone whom we know to be under the age of 13 without verifiable parental consent. If we become aware that a customer is under the age of 13 and has registered without prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files.

 

Links to Other Sites

Functionalcolor.com may contain links to sites other than our own. Those sites may have their own privacy policy, or no privacy policy at all. Neither we nor any of our service providers have any responsibility for those sites, and we provide these links solely for the convenience of our visitors. Such links may be to advertisers, content providers or other companies who may use our logo and/or style as a result of a co-branding agreement. These sites may send their own cookies to you and may collect information and use it in a way inconsistent with Functionalcolor.com’s Privacy Policy. We encourage you to review the privacy policies and terms of use of any third-party sites or services before providing any of them with any of your Personal Information. Neither Akzo Nobel Paints nor any of our service providers control the content that appears on these sites or take any responsibility for their content, nor should it be implied that Akzo Nobel Paints endorses or otherwise recommends such sites or their products or services offered.

 

Corrections To Personal Information Collected Online

If at any time you wish to change, correct, update or removal of your Personal Information, please send your request to info@functionalcolour.ca. Please be sure to include your email address, full name and postal address.

 

Additional Information

No transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Akzo Nobel Paints to intercept or access transmissions or private communications unlawfully. While we strive to protect your Personal Information, neither Akzo Nobel Paints nor any of our service providers can ensure or warrant the security of any information you transmit to us. Any such transmission is done at your own risk. If you choose to visit our site, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Use, including but not limited to limitations of damages and application of the law of the State of Ohio. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL AKZO NOBEL PAINTS OR ANY OF OUR SERVICE PROVIDERS OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF THE INFORMATION OR MATERIALS ON THE FUNCTIONALCOLOR.COM SITE, EVEN IF AKZO NOBEL PAINTS OR ANY OF OUR SERVICE PROVIDERS OR AFFILIATES, OR AN AUTHORIZED REPRESENTATIVE OF AKZO NOBEL PAINTS OR ANY OF OUR SERVICE PROVIDERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Acceptance of Terms

By using the Functionalcolor.com Web Site, you signify your acceptance of and agreement with our Terms of Use, Disclaimers and Privacy Policies with respect to any products you purchase, any photographs you submit and any Aggregate and Personal Information collected. If you do not agree to all of these Terms of Use, Disclaimers and Privacy Policies, please do not use the Functionalcolor.com Web Site. Your continued use of the Functionalcolor.com Web Site following the posting of changes to these terms will mean that you accept these changes accordingly.

 

Last modified: November, 2012

European Safe Harbor Policy

Any Personal Information collected by us in the Europe Union (“EU”) and transferred to the United States is subject to EU Data Directive 95/46/EC on the Protection of Individuals with regard to the Processing of Personal Data (the “EU Data Directive”). As described below in this policy (this “European Safe Harbor Policy”) and in our Privacy Policy, we adhere to the EU Data Directive’s “Safe Harbor Principles.” General information about the Safe Harbor Principles may be found at http://europa.eu.int/comm/internal_market/privacy/index_en.htm.

 

All Personal Information that we collect will be used only for the purposes described in our Privacy Policy. You should know that you always have the opportunity to choose to have us remove your Personal Information from our database and/or refrain from disclosing such information to any third party. Please send any such opt out requests in writing to Akzo Nobel Paints, 16651 Sprague Rd. A138, Strongsville, OH 44136.

 

To the extent that we transfer any Personal Information from the EU to the United States, we take reasonable steps to assure that the information which is transferred is reliable for its intended purpose, accurate, complete, and current. We also take reasonable measures to protection such Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction.

 

Any third party that assists us in the processing or maintaining our database of Personal Information is required by us to agree to provide at least the same level of privacy protection as is mandated by the Safe Harbor Principles described in the EU Data Directive.

 

We are committed to educating our employees, customers, and users about compliance with the EU Data Directive. If you have any questions, concerns, or complaints about our compliance with the EU Data Directive, please contact info@functionalcolour.ca. Our Customer Service Web Site Administrator will provide details regarding the process to be followed when filing a complaint.

 

We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the principles of the EU Data Directive. Any other controversy or claim arising out of or relating to our adherence to the EU Data Directive, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable commercial rules, provided, further, that any arbitrator shall be either an attorney or retired judge having significant and recognized experience with and knowledge of privacy issues and information technology. The arbitration panel should apply New York law, without regard to it conflict of laws principles, as well as the Safe Harbor Enforcement Principle issued by the U.S. Department of Commerce (http://www.export.gov/safeharbor/SHPRINCIPLESFINAL.htm). In addition, the exclusive location for such arbitration shall be New York, NY. All decisions of the arbitration panel shall be final and binding on the parties, which waive any right to further appeal the arbitration award, to the extent an appeal may be lawfully waived.

 

We are also subject to the jurisdiction of the US Federal Trade Commission. The Federal Trade Commission may be contacted at the following address:

 

Federal Trade Commission
Attn: Consumer Response Center
600 Pennsylvania Avenue NW
Washington, DC 20580
consumerline@ftc.gov
www.ftc.gov