Privacy Policy

Last Updated: August 23, 2024

Welcome to BrüMate LLC’s (“BrüMate,” “we,” “our,” or “us”) Privacy Policy. We understand that privacy is important to our users. This Privacy Policy describes our policies and practices regarding the information collected, used, and shared when you visit, use, or make a purchase from www.brumate.com (the “Site”). If you do not agree with this Privacy Policy, you should not use the Site. By accessing or using this Site, you agree to this Privacy Policy.  If you have questions, you can always contact us using the information in the section below titled “Contact Us.”

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons, provided that any such modifications will only be applied prospectively. If we make material changes to this Privacy Policy, we will try to provide you with additional notice. As an example, we may add a statement to our homepage or send you a direct notification. We encourage you to periodically review the Site for the latest information on our privacy practices. Your continued use of the Site following the posting of any changes to this Privacy Policy means you accept such changes.

Information We Collect and How We Collect, Use and Disclose It

Information Collected

We collect information from you in several different ways on the Site, however, you are not required to register or provide any personal information in order to browse the Site and learn more about our company and our products. As used herein, “personal information” is information that specifically identifies you such as your name, contact information (e.g., email address, street address, phone number), financial information (e.g., payment card information, billing and shipping address). We also collect transaction data about the purchases you make (e.g. shipping address, products you purchased, date of purchase, purchase amount).

When you visit or use the Site, we also automatically collect certain technical and usage information in connection with your device, including device identifiers, information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what links you clicked on, what websites or search terms referred you to the Site, and information about how you interact with the Site. This data does not specifically identify you, however, some of the information, such as IP address data or the identifiers associated with your device are unique to your computer or device.

How We Collect Information

Direct Interactions: We collect personal information directly from you in a variety of ways, including when you create an account or profile, make a purchase, fill out forms on our Site, request information or assistance from us, sign up to receive e-mails, provide feedback, or participate in surveys, promotions, sweepstakes or other features that we offer from time to time.

Automatic Collection Technologies: As described above, we collect certain information automatically when you visit or use the Site. The technologies we use to collect such information are described in more detail below:

  • Cookies and other Tracking Technologies – We or our third-party partners may store some information on your device or device hard drive as a "cookie" or similar type of file (such as clear gifs, web beacons, tags, and similar technologies that work on mobile devices) to collect Device Information. This includes information related to usage of the Site and for the purpose of facilitating and enhancing your communication and interaction with the Site. We use this information to help us maintain and enhance the efficiency and usefulness of the Site and may use it and other non-personal information for the purposes described in this Privacy Policy, including behavioral advertising purposes.

Please be advised that certain third parties that are beyond the scope of this Privacy Policy may use cookies and similar technologies to collect information in connection with the Site. For example, we use Google Analytics which helps us understand how visitors interact with our Site. The type of information Google collects include pages visited, videos viewed, etc. We can access such information which helps us learn things like what pages are most attractive to our visitors, which of our products most interest our customers, and what kinds of offers our customers like to see. If you want to learn more about how Google uses data when you visit their partners’ sites or apps, please visit https://www.google.com/policies/privacy/partners/. You can opt out of Google Analytics on most browsers through the mechanisms made available by Google here: https://tools.google.com/dlpage/gaoptout.

If you want to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Site or some of its functionality may be affected.

  • Web Server Technology and Log Files. As is true of most websites, the Site users web server technology to automatically collect certain information, also known as “log files” or “clickstream data,” when you access or use the Site. This information track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps. We may collect and use such data to determine how much time visitors spend on the Site, how visitors navigate throughout the Site and how we may tailor the Site to better meet our customers’ needs. This information will be used to improve our Site. Any collection or use of such data does not intentionally contain any personal information (i.e., information that specifically identifies you).

How We Use Your Information

We use the information we collect (including personal information) generally for various business or commercial purposes, including to:

  • Fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations).

  • Communicate with you;

  • Screen our orders for potential risk or fraud;

  • Provide, develop, maintain, and improve our Site and our products;

  • Create and manage your online accounts and profiles;

  • Respond to your requests or inquiries;

  • Analyze how you interact with our Site

  • Provide you with information or advertising relating to our products or services, promotions, or offers, unless doing so is not in line with this privacy policy or the preferences you have shared with us.

  • Screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

Interest-Based Advertising. In addition to the above, we may ourselves, or with third party vendors, use non- personal information in connection with our own or vendor information to deliver targeted advertising to you when you visit other websites or our Site. Cookies and other similar technologies described above may be used in this process. For example, if you are searching for information on a particular product, we or our vendor may cause an advertisement to appear on other websites you view with information on that product. This form of advertising, sometimes called “interest based advertising” or “behavioral advertising,” is not based on any information that specifically identifies you. As a result, we and our vendor know your interests, but do not personally identify you in connection with the delivery of that specific ad. We believe that such advertising is helpful because you will see advertisements that are relevant to your interests. However, if you would like to opt out of these interest-based advertisements, please follow the opt-out process described below under “Your Rights and Choices.” We comply with the Self-Regulatory Principles for Online Behavioral Advertising set forth by the Digital Advertising Alliance (DAA). For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

With Your Consent. Please note that if you specifically consent to additional uses or disclosures of your information, we may use your information in a manner consistent with that consent.

How We Share Your Personal Information

We share your information (including your personal information) in the following ways:

  • With our service providers and vendors in connection with performing services for us. For example, we use Shopify to power our online store--you can read more about how Shopify uses your personal information here: https://www.shopify.com/legal/privacy.

  • With advertising platforms for the purpose of target advertising.

  • With our affiliates and subsidiaries for the purposes described in the “How We Use Your Information” section above.

  • We may disclose your information in connection with a bankruptcy proceeding or the sale, merger or change of control of company or the division responsible for the services with which your information is associated.

  • We may disclose your information with our professional advisors, including legal, financial, and others, in connection with the general conduct of our business, including in connection with the corporate transactions described above.

  • We may also share your information with law enforcement, regulatory authorities, or other individuals involved in legal proceedings to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information that we receive, or to otherwise protect our rights, property, or the BrüMate community.

Your Rights and Choices

Communication from us - Email and SMS Marketing. You can opt-out of receiving marketing emails or SMS messages from us by sending us an email stating your request to sales@brumate.com  or by replying STOP to the SMS message. If we or one of our service providers acting on our behalf have sent you a promotional email, you may use the “unsubscribe” link or send us a return email asking to be omitted from future email distributions. Please keep in mind that opting out of marketing emails may impact our ability to allow you access to certain offers, benefits and features. Please also note that even if you opt out of receiving certain marketing emails, that opt-out may not apply to other transactional or legal communications that you may continue to receive from us, such as customer service messages, messages about your account or transactions with us, notices about our policies and terms, and emails responding to your communications with us or requests for information that we receive from you.

Cookies - If you want to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Site or some of its functionality may be affected.

Interest-Based Advertising - The online advertising industry provides a service through which you may opt-out of receiving targeted ads from certain companies that participate in self-regulatory programs.  You can opt-out of targeted advertising from certain providers at www.aboutads.info/consumers. Please note that by opting out, you will continue to see generic advertising that is not tailored to your specific interests and activities. To be clear, the opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted out on your desktop computer, that opt-out will not be effective on your mobile device. You must separately opt out on each device. You can also generally opt-out of receiving personalized ads from third party advertisers and ad networks who are members of the Network Advertising Initiative (“NAI”) at http://www.networkadvertising.org/choices/.

You can opt out of targeted advertising for the following platforms:

FACEBOOK: https://www.facebook.com/settings/?tab=ads
GOOGLE: https://www.google.com/settings/ads/anonymous
BING: https://advertise.bingads.microsoft.com/enus/resources/policies/personalized-ads

Do Not Track - Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

EU, California, and Nevada Consumers - If you are located in the European Union/European Economic Area, or are a resident of California or Nevada, please see “Jurisdiction Specific Notices and Rights” for additional rights you have under applicable law.

Children's Information

Our Site is not intended for children under 13 years of age. No one under age 13 may provide any personal information through the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any personal information on this Site. 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 personal information from or about a child under 13, please contact us at sales@brumate.com.

Data Retention

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

By using our Site, you (the visitor) agree to allow third parties to process your IP address, in order to determine your location for the purpose of currency conversion. You also agree to have that currency stored in a session cookie in your browser (a temporary cookie which gets automatically removed when you close your browser). We do this in order for the selected currency to remain selected and consistent when browsing our Site so that the prices can convert to your (the visitor) local currency.

Data Security

We maintain reasonable security procedures to help protect against loss, misuse, unauthorized access, disclosure, alteration or destruction of the information you provide to us.  Please note that no data transmission or storage can be guaranteed to be 100% secure due to the inherent open nature of the Internet. As a result, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction, or inadvertent disclosure of your information.

Third-Party Services

The Site may integrate with or make links available to third-party services including social networking services. We do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our Site, we are doing so merely as an accommodation and, like you, are relying upon those third party services to operate properly and fairly.

You should be aware that the information which you voluntarily include and transmit online in a publicly accessible blog, social network or otherwise online may be viewed and used by others. We are unable to control such uses of such information, and by using such services you assume the risk that information provided by you may be viewed and used by third parties.

SMS Marketing

In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/kryo-gear/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/kryo-gear/privacy_policy)

Contact Us

For more information about our privacy practices, or if you would like to make a complaint, please contact us by e-mail at sales@brumate.com or by mail using the details provided below:

BRUMATE, LLC

2935 Larimer Street, Suite 302

Denver, CO 80205

Jurisdiction Specific Notices and Rights

California

California law provides California residents with specific rights regarding their personal information. The California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (collectively, the “CCPA”) defines “personal information” as information that identifies, relates to, describes, references, or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. This section describes the rights that California residents have with respect to such personal information and explains how to exercise those rights, subject in all cases to any limitations set forth in the CCPA. Please refer to the section entitled “Information Collection and Use” above for more detail about the types of information collected, the purposes for which and sources from where we collect personal information, and the third parties with whom we share personal information.

Information Collected

Consistent with the above, we may collect and process the following categories of personal information:

  • Identifiers;

  • Financial information;

  • Internet or other electronic network activity information;

  • Inferences drawn from the information collected.

Sources

Consistent with the above, we generally source the categories of personal information identified above directly from you, data analytics providers, and social media networks.

Purposes of use

We use personal information for the business and commercial purposes identified in the "How We Use Your Information" section above.

Disclosure

We disclose the categories of personal information described above for the business purposes outlined in the "How We Use Your Information" section above.

California Specific Rights, Choices, and Opt-Outs

The CCPA provides California residents with specific rights regarding their personal information. The subsections that follow describe the rights that you have under CCPA if you are a California resident and explain how you can exercise those rights.

  1. Right to Know About Personal Information Collected, Disclosed, or Sold. You have the right to request that we disclose certain information to you about our collection, use, disclosure, or sale of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Your Rights), and subject to certain limitations described below or set forth in the CCPA, we will disclose such information to you. You have the right to request any or all of the following:

  • The categories of personal information we collected about you.

  • The categories of sources from which the personal information is collected.

  • Our business or commercial purpose for collecting or selling that personal information.

  • The categories of personal information about you that we have sold or disclosed for a business purposes.

  • The categories of third parties to whom the information is sold or disclosed for a business purpose.

  • The categories of personal information about you that we have shared (as such term is defined under the CCPA) and the categories of third parties to whom personal information was shared.

  • The specific pieces of personal information we collected about you.

  1. Deletion Request Rights. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Your Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.  However, we may retain personal information that has been de-identified or aggregated. Furthermore, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) in order to perform certain actions set forth under CCPA, such as detecting security incidents and protecting against fraudulent or illegal activity.

  2. Correction Request Rights. You have the right to request that we correct inaccurate personal information that we collect from you and retain, subject to certain exceptions.

Excercising Your Rights

To exercise your rights as described above, please submit a request to us by either:

Only you, or a person or business entity registered with the California Secretary of State that you authorize to act on your behalf (an “authorized agent”), may make the requests set forth above. The request should include your contact information and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. In addition, you should provide sufficient information that allows us to reasonably verify that you are the person about whom we collected the personal information or an authorized representative of that person. For more information about verification, see Response Timing and Format immediately below.

  • Response Timing and Format.  In order to protect the security of your personal information, we will not honor a request if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. The method used to verify your identity will depend on the type, sensitivity, and value of the information, including the risk of harm to you posed by any authorized access, correction, or deletion. Generally speaking, verification will be performed by matching the identifying information provided by you to the personal information that we already have. If we cannot comply with a request, or cannot fully comply with a request, the response we provide will also explain the reasons we cannot comply.

  • Personal Information Sales Opt-Out and Opt-In Rights.  In the preceding twelve (12) months, we have made disclosures of certain personal information that may be considered a “sale” or "share", as those terms are defined in the CCPA. As described above in the “Interest-Based Advertising” section, in some cases we permit certain third-party vendors to collect and use personal information from the Site and this sharing may be considered a “sale” or "share" of personal information under the CCPA. For example, third party vendors may collect cookies stored on your browser and identifiers associated with your device (e.g., advertising identifiers, IP address) when you visit our Site. This information does not specifically identify you but may be unique to your device and considered personal information under CCPA. Please see the "Interest Based Advertising" section above to learn more. Please note that we do not knowingly sell the personal information of minors under 16 years of age without affirmative authorization.

You have the right to direct us to not sell or share your personal information at any time (the "right to opt-out"). To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page: “Do Not Sell or Share My Info”

Alternatively, you may submit an opt-out (or opt-in) request by sales@brumate.com.

Data Retention

Consistent with the above, we retain your personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights.

Financial Incentive

If we engage in a financial incentive, we will provide you with separate notice and obtain your consent.

Colorado

The Colorado Privacy Rights Act provides Colorado residents certain rights with respect to the processing of their personal information. To the extent you are a resident of Colorado and we collect your personal information, you have the following rights:

  • Right to Access –  You have the right to confirm whether or not we are processing your personal information and to request access to such personal information.

  • Right to Correction – You have the right to request that we correct inaccurate personal information that we collection from you and retained, subject to certain exceptions.

  • Right to Deletion – You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions.

  • Right to Data Portability – You have the right to obtain a copy of the personal information that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit your personal information to another controller without hindrance, where the processing is carried out by automated means.

  • Right to Appeal – If we decline to take action regarding your request, you have the right to appeal. We will notify you providing our reasons and instructions for how you can appeal the decision. You have the right to contact the Colorado Attorney General if you have concerns about the result of the appeal.

  • Right to Opt-Out – You have the right to opt-out of targeted advertising, the sale of your personal data, and profiling in furtherance of decisions that produce legal or similarly significant efforts concerning a consumer.  To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page: “Do Not Sell or Share My Info”

Exercising Your Rights

To exercise your rights as described above, please submit a request to us by either:

Only you, or a person or business entity registered with the Colorado Secretary of State that you authorize to act on your behalf (an “authorized agent”), may make the requests set forth above. The request should include your contact information and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. In addition, you should provide sufficient information that allows us to reasonably verify that you are the person about whom we collected the personal information or an authorized representative of that person. For more information about verification, see Response Timing and Format immediately below.

  • Response Timing and Format.  In order to protect the security of your personal information, we will not honor a request if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. The method used to verify your identity will depend on the type, sensitivity, and value of the information, including the risk of harm to you posed by any authorized access, correction, or deletion. Generally speaking, verification will be performed by matching the identifying information provided by you to the personal information that we already have.

If we cannot comply with a request, or cannot fully comply with a request, the response we provide will also explain the reasons we cannot comply.

Nevada

If you are a Nevada resident, you have the right to request that we do not sell (as defined by N.R.S. 603A) certain personal information that we have collected, or may collect, from you.  We do not “sell” your personal information as defined by N.R.S. 603A, however, if you would like to make such a request you may do so by contacting us at sales@brumate.com.

European Union

Data Subject Rights: If you are located in the European Union or European Economic Area with rights under the General Data Protection Regulation ("GDPR"), you have the following rights with respect to your “Personal Data” (i.e., information which are related to an identified or identifiable natural person), subject in all cases to any limitations set forth in the GDPR:

  • Right to access – This right allows individuals to obtain confirmation that his or her Personal Data is being processed and allows individuals to request details of the processing of his or her Personal Data, including, without limitation, categories of recipients to whom the Personal Data has been or will be disclosed and purposes of processing.

  • Right to rectify – This right allows individuals to rectify any inaccurate Personal Data about him or her.

  • Right to restrict processing – This right allows individuals to block or suppress processing of Personal Data under certain circumstances.

  • Right to be forgotten – This right is also known as the "right to erasure." It is an individual’s right to have Personal Data erased or to prevent processing in specific circumstances.

  • Right of data portability – This right allows individuals to move, copy or transfer Personal Data from one place to another in a secure manner without interrupting the integrity and usability of the information.

  • Right to object to processing – This right allows individuals to object to certain types of processing, including direct marketing, profiling, and providing for purposes of scientific or historical research and statistics.

  • Right to withdraw consent – Where we are relying on consent to process your Personal Data, this right allows you to withdraw your consent. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent or processing that does not rely on consent.

Exercising Your Rights

To exercise your rights, please contact us at sales@brumate.com. We may need to request specific information from you to help us confirm your identity and ensure you have a right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it.

Please note, you also have the right to make a complaint at any time to your local supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach your supervisory authority so please contact us in the first instance.

Grounds for Using Your Personal Data: We rely on the following legal basis to process your Personal Data:

  • It may be necessary for us to use and disclose your Personal Data for the performance and fulfillment of the contract between us and to provide you with our services;

  • We may use and disclose your Personal Data where it is necessary for our legitimate interests (or those of a third party) and your interest and fundamental rights do not override those interests;

  • If you specifically consent to certain uses of your Personal Data, we may use your Personal Data in a manner consistent with that consent; and

  • We will also process, transfer, disclose, and preserve Personal Data when we have a good faith belief that doing so is necessary.