PRIVACY POLICY
Policy Effective: JApril 29, 2024
Niehaus Lumber Co. understands that our customers are concerned about privacy and has created this Privacy Policy to help you understand how Do it Best Corp. and its affiliates, including Do it Best Commerce Company, LLC (collectively, “Do it Best,” “we,” or “us”) collect, use and protect the personal information of (a) users who access and use our websites (the “Websites”), mobile applications or other online services, including offerings made available through our Websites and under the Best RewardsSM loyalty program (collectively, the “Services”); (b) customers who purchase products (collectively, “Products”) from us via our Services or from the independently owned and operated stores of our members (“Members”); and (c) any other individuals from whom we collect personal information during the course of our business activities. This Privacy Policy does not apply to Do it Best employees.
This Privacy Policy describes the personal information Do it Best collects, how we use your personal information, with whom we may share such data, and how you can contact us, access your personal information and exercise your rights regarding use of your personal information. As used in this Privacy Policy, “personal information” means data that identifies, relates to, describes, or is linked to a particular identified or identifiable natural person or is otherwise considered personal information under applicable privacy and/or data protection laws or regulations. By using or accessing our Websites, Services or otherwise providing personal information to us you signify your acknowledgment and assent to the “Privacy Policy” set forth below. If you do not agree to all parts of this policy, please do not use our Website or Services or otherwise provide personal information to us. Do it Best can revise this policy at any time by updating this posting or otherwise providing notice as set forth in this Privacy Policy, and your use or provision of personal information after such change signifies your acceptance of the changed terms. Please check this Privacy Policy periodically for changes.
1. COLLECTION OF PERSONAL INFORMATION
Sources: We may collect personal information from or about you in a variety of ways, including directly from you and your devices, from Third Party Services (as explained below), from our Members, from public sources, and from marketing partners, data brokers and other third party sources. Collection methods include: (a) from you directly such as from forms on our Websites; (b) from you when you visit a Member store or attend an event sponsored by us or a Member; (c) in connection with Product orders (including contact information, shipping information, e-mail address and payment card information); (d) from surveys; (e) when you submit an inquiry to us or request to receive additional information regarding Products and Services; (f) from contracts, service applications, subscription agreements, or other agreements or forms you fill out; (g) from your activities in connection with programs or promotions, including the Best RewardsSM loyalty program (“Best Rewards”); (h) from individuals and/or entities whom you have authorized to act on your behalf and/or to provide information about you; (i) from publicly available sources (where permissible by applicable law); or (j) from other communications with us, including calls, emails, chats, texts and social media posts. In order to use certain Services, you may be required to set up an account with us (an “Account”). The term Account includes any account you establish for the Best Rewards program. During the Account registration process, we may ask you for certain personal information to establish and use your Account. We may also collect information about you in connection with your transactions or interactions with us or any of our Members, affiliates or Service Providers (including chat service providers). We may combine the information you submit under your Account with other information that we may receive from you, from third parties, or with other public information.
Types: Collected personal information may include the following categories of data:
- Personal identifiers and characteristics (such as name, age, gender)
- Contact information (such as shipping address, email address, phone number)
- Financial information (such as payment details, billing address)
- Transaction data (such as products and services used, ordered or preferred)
- Demographic information (such as preferences)
- Location information (including precise location if enabled on your device)
Not all categories may be collected about every individual. You may at any time refuse to provide any personal information that we request, however this may limit your ability to access certain services, options or content.
2. PASSIVE COLLECTION OF TRACKING AND USAGE INFORMATION
Information may be collected related to your use of the Websites and Services, including data about the mobile devices and programs from which you access such offerings (“Usage Information”). Usage Information can include: (a) the name of the domain and host from which you access the Internet; (b) the Internet Protocol (IP) address of the device you are using; (c) the browser software and operating system you are using; (d) mobile device type, device operating system, device identifiers, and device settings, (e) country of origin and location (including precise location if enabled on your device or application); and (f) the address of the website from which you have arrived at our Website or Services. Usage Information may also relate to your interactions with our Websites and Services, including the date and time of access, the length of time spent, the pages or products accessed or videos viewed while visiting, links clicked, items viewed or placed in your cart, and number of visits. We may link Usage Information to personal information. Usage Information is collected to help us manage and administer our Services and systems; to improve the content of our Services and Products; to monitor and tailor our marketing activities; to customize and improve user experience; to store preferences; to measure the effectiveness of our advertising; and for security and fraud detection purposes. Usage Information is gathered using general detection and use of your internet protocol (IP) address, device identifiers or domain name and the following methods:
Cookies
Usage Information may be collected through the use of “cookies,” which are small text files saved by your browser or device that serve a number of purposes, such as remembering your preferences and generally improving your user experience. We (and our Service Providers) may use both session cookies and persistent cookies to gather analytics about our Website and Services, including Usage Information and demographic information, in order to monitor usage and traffic, improve performance and customize users’ experience. For example, they help us to identify Account holders. Some cookies are required for technical reasons in order for our Services to operate (“necessary cookies”). We may also use cookies to track and target you as a user and tailor our Services to your interests based on your previous online shopping preferences. For example, if you visit the plumbing section of our Website, the Website would “remember” the visit and let you know of specials, new products, or related plumbing projects upon a future Website visit. Cookies also allow us to hold selections in a shopping cart when a user leaves without checking out. Cookies set by us are called “first party cookies.” Cookies set by Service Providers, Third Party Services or other third parties are called “third party cookies.” Third party cookies enable third party features or functionality like advertising and analytics as discussed in Section 8. Although most browsers automatically accept cookies, you can change your browser options to stop automatically accepting cookies or to prompt you before accepting cookies. Please note, however, that if you don’t accept necessary cookies, you may not be able to access all portions or features of our Websites or Services.
Tags/Beacons
Usage Information may be collected through the use of software technology called tags or web beacons (a.k.a. pixel tags, tracking pixels or clear gifs) which are tiny graphics files that contain a unique identifier that help us or Service Providers monitor website activity (such as when you view a web page, advertisement, or message that contains the web beacon) and better manage Services content and communications by informing us what content is effective and how it is used. Such technology may also be used for web analytics, processing, security and fraud detection purposes. These beacons (or other tracking technology) may also be included in or associated with e-mails or other communications that you receive from us (or our Service Providers) in order to help us track your response and interests and to deliver you relevant content and services.
Location Data
When you use certain features of our Services, including store locator functionality, we may receive, store and process different types of information about your location, including general information (e.g., IP address, zip code) that can be used to determine your location, and if enabled on your mobile device more precise geolocation information that is provided to us by your device.
3. USE AND PROCESSING OF PERSONAL INFORMATION
We use and process your personal information for reasonable and legitimate business purposes, to perform and fulfill our contractual obligations to you, and to comply with legal obligations, including for the following purposes:
- Contacting you regarding business transactions and information related to the Products or Services you have ordered (for example, we use your order information to fulfill your order and send an order or shipping confirmation, as well as notify you of your order status);
- Providing our Products and Services to you (for example, if you provide us with personal information in order to place an order with us, we will use that information to process your payment, complete the sale and ship Product to you),
- Maintaining our business relationship and/or providing ongoing support to you;
- Informing you about our Products and Services and other promotional activities of Do it Best, its affiliates and Members with whom you have interacted;
- Administering the Best Rewards program (if you are a member of that program) as more specifically described when you enroll;
- Responding to your comments or requests for information;
- Using location information to assign you a home Member store and to customize certain functions of the Services, such as Product availability, pricing, local advertising, and the store locator feature.
- Contacting you regarding future opportunities and changes in our activities, products and services
- Customizing and optimizing our Services and customer experience;
- Enhancing the security of our network and information systems;
- Developing, enhancing, and improving our Services and Products;
- Administering and managing our relationship with you;
- Event planning and administration;
- Understanding and monitoring how people interact with our Website and Services;
- Monitoring and tracking our marketing activities and showing customized ads to you;
- Where necessary to protect the rights, property or safety of us or other users or customers;
- Complying with our obligations under applicable law, industry guidelines and internal policies;
- Enforcing any contracts that we enter into with you, or defending claims arising from such contracts;
- Where we are obligated, or permitted, to do so by applicable law, regulation or legal process, including disclosure to customs or other governmental authorities; or
- As described to you when collecting your personal information.
We do not use your personal information without a lawful basis, or for purposes contrary to this Privacy Policy, without your consent.
4. PROMOTIONAL MESSAGES
When you purchase Products, participate in Services, request Product information or otherwise provide us with personal information, we and/or a Member with whom you interact may automatically place you on a list to receive promotional mailings and e-mails regarding special offers from Do it Best, such Member or their affiliates. If you do not wish to receive these messages from us, you can simply utilize the unsubscribe or opt-out method detailed in the message or contact Customer Care using the contact information specified below in Section 20. Even if you opt-out of receiving promotional messages you may still receive emails relating to orders, earned rewards, administrative matters, or your Account. Please note that even after opting-out from receiving messages from us, you may continue to receive promotional messages from a Member with whom you have interacted or placed an order and you would need to separately opt-out using the methods detailed in any message from such Member.
5. MEMBERS AND MEMBER WEBSITES
Member stores are independently owned and operated. A Member’s use of personal information you provide in connection with your activities at a Member’s store, including purchases at a Member store, will be governed by the Member’s applicable privacy policy (not this Privacy Policy) which may include use of such information for the Member’s own marketing and business purposes. Members may provide us with certain of your personal information in connection with the Best Rewards program as described in Section 6.
In some cases we host or otherwise operate the ecommerce websites or online services of our Members (“Hosted Member Services”) which may permit you to purchase Products via a Member’s website. When you order Product via Hosted Member Services, we will receive the personal information you provide in connection with such order and will treat such personal information in accordance with this Privacy Policy. In such cases, the Member will also receive your personal information, and its usage of such information will be governed by the Member’s applicable privacy policy which may include use of such information for the Member’s own marketing and business purposes.
If you order a Product via our Services and choose to have the Product shipped to a Member store for pick up (“Ship-to-Store Orders”), the Member will receive the personal information you provide in connection with such Ship-to-Store Order and the Member’s usage of such information will be governed by the Member’s applicable privacy policy which may include use of such information for the Member’s own marketing and business purposes.
Do it Best is not responsible for (and shall not be liable for) for the privacy practices or policies of its Members. By accessing and using Hosted Member Services or placing a Ship-to-Store Order you consent to the transfer to and processing and use of your personal information and related Usage Information by the applicable Member for its own purposes.
6. BEST REWARDSSM PROGRAM
If you participate in the Best Rewards program we may exchange information with Members regarding your participation, including the products you purchase using your Best Rewards number (including purchases at a Member store using your Best Rewards number). Such information will include details of the purchase and point-of-sale information. We will treat your personal information collected by us in connection with Best Rewards in accordance with this Privacy Policy. We will provide your personal information relating to your participation in Best Rewards to the primary Member store at which you shop, including information regarding your use of Websites, Services, and Hosted Member Services and the products you purchase. The Member’s usage of such information will be governed by the Member’s applicable privacy policy (not this Privacy Policy) which may include use of such information for the Member’s own marketing and business purposes.
Do it Best is not responsible for (and shall not be liable for) for the privacy practices or policies of its Members. By enrolling in Best Rewards and/or using your Best Rewards number (a) you acknowledge and agree that your personal information (including Usage Information) will be shared with Members as provided in this Privacy Policy and may be used by Members in accordance with their own privacy policies (not this Privacy Policy), including for their own marketing and business purposes, and (b) you consent to the transfer to and processing and use of your personal information and Usage Information by such Members.
7. SHARING OF PERSONAL INFORMATION
In connection with the purposes specified in this Privacy Policy, we may share your personal information with third parties in the following circumstances:
- We may share your personal information among our corporate affiliates;
- We may share your personal information with a Member with whom you interact, including by placing a Ship-to-Store Order or an order via Hosted Member Services as more fully described in Section 5;
- If you are a member of Best Rewards program, we may share your personal information with Members as more fully described in Section 6;
- We may share your personal information with a Member in order to facilitate shipping, delivery, repair, return, or other services related to our Products or Services and to conduct marketing activities.
- We may share your personal information with third party companies that perform services on our behalf, such as delivery and logistics companies, marketing companies, Payment Processors, chat service providers, and website hosting and other IT infrastructure providers, (collectively, “Service Providers”), including providers assisting us for security, credit or fraud prevention purposes.
- We may share your personal information with Third Party Services as provided in Section 8.
- We may disclose your personal information to third parties whom you have authorized in connection with Products and Services we provide to you.
- We may disclose your personal information as required (or requested by law enforcement) and permitted by law or regulation, including in response to a subpoena or to respond to an emergency situation.
- We reserve the right to disclose personal information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury or interference with (either intentionally or unintentionally) our rights or property or anyone else that could be harmed by such activities.
- In the event Do it Best or its affiliates or their assets are sold, merged or otherwise involved in a corporate transaction, your personal information will likely be transferred as part of that transaction – we reserve to right to transfer your personal information without your consent in such a situation; provided that we will make reasonable efforts to see that your privacy preferences are honored by the transferee.
Outside of the situations above, we do not share or sell your personal information with third parties unless you have specifically requested that information be released to them or have otherwise consented to such sharing (such as in the case of sharing with Members in connection with Member Hosted Services, Ship-to-Store Orders, and Best Rewards participation).
8. INTERACTION WITH THIRD-PARTY PLATFORMS
Certain features or aspects of our Website or services may be facilitated or provided by third party providers (“Third Party Services”), including features that collect Usage Information or generate performance metrics concerning our Website or Services or deliver advertising to you. The Third Party Services with whom we currently interact can be found here. Third Party Services may change from time to time, please check this Privacy Policy periodically for the latest information.
Third Party Analytics
Our Websites or Services may rely on one or more third-party analytics services (“Analytics Services”) to collect Usage Information to evaluate, analyze and provide information and performance metrics regarding the use of the Websites or Services by you and by our customers in general. Analytics Services may use cookies, web tags/beacons or other collection technologies to collect and analyze such Usage Information. The Usage Information collected using Analytics Services, which may be shared with such services, doesn't include names or contact information, but may include IP addresses, and activity on the Services.
Conversion Tracking
We may use conversion tracking or other search engine or social media features that permit us to measure the effectiveness of search results or links and track resulting interaction with our Website or Services. These features use cookies, tags/beacons or other methods to collect Usage Information such as time of day, browser type, browser language, and IP address in connection with search queries or targeted links.
We are not responsible for the data collection or privacy polices of any Third Party Service, including their use of cookies or other tracking devices. By accessing and using the Websites or Services, you consent to the processing of Usage Information and data concerning you by Third Party Services.
9. USE OF NON-PERSONALLY IDENTIFYING INFORMATION
We may anonymize, pseudonymize, aggregate or de-personalize personal information and/or Usage Information to create non-personally identifiable information (“Anonymized Data”). We reserve the right to freely disclose and use Anonymized Data and other non-personally-identifying information for industry analysis, statistical purposes, demographic profiling, marketing and advertising, and other business purposes. We may share Anonymized Data with Members, Service Providers, vendors, advertisers, business partners, sponsors and other third parties.
10. PAYMENT PROCESSING
Payment card information (such as payment card name, card number, CVV and expiration date) is collected at the time of a transaction. This information is required so that payment can be authorized by a third party payment processor (the “Payment Processor”) that we have retained to process payments made via the Services. All payment card information is provided directly to the Payment Processor and not to Do it Best (i.e., we do not receive or store your credit card information in connection with payments authorized through the site). All Internet transactions with the Payment Processor are performed on a server that uses industry standard encryption technology to protect your payment card information from being obtained by unauthorized third parties. Your payment, and use of your payment and transaction information, will be subject to the privacy policies of the Payment Processor and your payment card issuer. We are not responsible for any errors by the Payment Processor or for any security breaches suffered by such entity. In connection with your payments, we may obtain certain payment transaction details from the Payment Processor, which we will use solely in accordance with this Privacy Policy.
11. CALIFORNIA PRIVACY RIGHTS – CCPA NOTICE
If you are a resident in the State of California, USA, the California Consumer Privacy Protection Act (as amended by the California Privacy Rights Act) and corresponding regulations (“CCPA”) and other California statutes may apply to the personal information that you provide to us through our Websites or Services or otherwise through your interaction with us. California residents can find additional information and disclosures required under California law in our California Privacy Statement here.
12. DO NOT TRACK
We do not currently employ a process for responding to “Do Not Track” (DNT) signals sent by web browsers, mobile devices, or other mechanisms.
13. SECURITY
We use appropriate security measures consistent with industry practice to protect the loss, misuse and alteration of the personal information in our possession or under our control. While we use reasonable efforts to safeguard the confidentiality of your information, we cannot guarantee that data will always remain secure due to transmission errors, outside events, third party hacking or other causes. We will comply with all applicable privacy laws and make any legally required disclosures regarding breaches of the security, confidentiality, or integrity of personal information consistent with our ability to determine the scope of a breach and our obligations to law enforcement.
14. TRANSFER OF PERSONAL INFORMATION
Do it Best is a U.S. company. All personal information that you provide to us in connection the Websites and services will be processed and maintained by us on servers in the United States, and it may also be transferred by us to Service Providers within the United States or elsewhere. By accessing and using the Websites or Services, you consent to such transfer of your personal information.
15. DISCLAIMER REGARDING VIDEO CONTENT
Our Websites and Services may contain pixels which provide us with analytics regarding how users interact with video content, audiovisual content, or content of a similar nature (collectively, “Video Content”). Video Content is provided for the purpose of enhancing the user experience on our Websites and Services and by continuing to use our Websites or Services and interacting with Video Content, you understand that your personal data, including your video viewing history, may be processed according to this Privacy Policy.
16. CHANGES TO THIS POLICY
This Privacy Policy (including any linked privacy statements) may be updated from time to time to reflect changes to our information practices. If we make any material changes we will notify you using any contact information you have provided to us, via your Account, or by means of posting an updated version of this Privacy Policy on the Websites. We encourage you to periodically review our posted Privacy Policy for the latest information on our privacy practices. Any modifications to this Privacy Policy will be effective upon our posting or notification of the new terms, and your continued use of the Website or our other products and services or provision of personal information thereafter indicates acceptance of the modified Privacy Policy. If you do not agree to any part of a modified Privacy Policy, then you must terminate your Account and stop accessing our Website and Services.
Certain Websites and Services, or specific aspects of the Services, may be subject to other privacy policies as specified in the privacy notices or statements presented to you in connection with use of such Websites or Services. In the event of a conflict between such provisions and this Privacy Policy, such specific terms shall control.
17. ACCESS TO PERSONAL INFORMATION
You may review, update, correct or delete certain personal information associated with your Account by logging into your online Account. You can also update, correct or delete certain personal information by contacting Customer Care using the contact information specified below in Section 20. We will comply with applicable law in responding to such requests.
18. POLICIES FOR CHILDREN
Do it Best does not sell Products ordered through our Services directly to anyone who we know to be under the age of 18, including children under the age of 16. Persons under 18 years old are not allowed to register for Accounts. Do it Best does not knowingly collect or use any personal information from persons under 13 years of age. No information should be submitted to the Website or Services by anyone under 13 years of age.
19. LINKED SITES
Our Websites and Services may contain links to third-party website, including Member operated websites (“External Sites”). We have no control over the privacy practices or the content of these External Sites, and we are not responsible for (and under no circumstances shall be liable for) the contents content or the privacy policies of those External Sites. You should check the applicable third-party privacy policy and terms of use when visiting any External Sites.