Privacy Policy

Last Modified Date: October 30, 2023

This Privacy Policy (“Policy”) details the manner in which Tervis Tumbler Company (“Company,” “we,” “our,” or “us”) collects, uses, and discloses information when you, the individual user or customer (“you” or “your”): (i) visits www.tervis.com or another website whose Privacy Policy leads you here (each, and collectively the “Website”), or (ii) you interact with us through email, telephone or by mail.

State-Specific Disclosures

California Notice of Collection and Privacy Policy

What Information Does Company Collect?

The information that we collect from you depends upon your interactions with us either through the Website or in your communications with us as detailed more fully below:

  • You have the option of creating an account with us through the Website. If you choose to register an account with us, we will collect your email address, phone number, a password, whether you would like to receive emails from us, and we will ask you to confirm that you are a human being through the reCAPTCHA service (collectively, “Account Registration Information”).
  • In order to log into the account you have created with us, we will collect your email and password information (collectively, “Account Credentials”).
  • Under circumstances where you forget your Account Credentials, you may activate the “forgot password?” hyperlink and we will collect your email address and we will ask you to confirm that you are a human being through the reCAPTCHA service (collectively, “Password Reset Information”).
  • You have the option to customize certain products available for sale through our Website. If you choose to engage this feature, we will collect the style of the text that you wish to be printed on the product, and up to three lines of text (collectively, “Personalized Product Information”).
  • Our Website contains functionality that enables you to create your own customized design on certain products and if you choose to use this feature, we will collect information from you on: (i) your chosen background; (ii) template category; (iii) any photograph that you choose to display on a product; (iv) text that you have chosen to print on the product including the font type, color, and style; (v) any stamps from our catalog; and (vi) whether you wish to save your design (collectively, “Customized Product Information”).
  • As you browse our ecommerce Website, you have the option to filter products by material, drinkware type, volume, brands, price, availability, best for, custom options, and to sort those results (collectively, “Display Information”).
  • You have the option on our Website to locate a retailer in your area that may carry our products. If you choose to engage with this function, we will collect your location, zip or postal code and the selected radius (in miles) that you want us to display stores matching your criteria (collectively, “Retailer Information”).
  • If you are interested in purchasing an electronic gift card from our Website, we will collect information on your chosen design, your name, the name of the person being gifted the gift card, their email address, any message to that person (optional), and the desired gift card amount (collectively, “Gift Card Information”). The gift card will be added to your cart and will undertake the same checkout process as purchasing a product through our Website.
  • For the convenience of our customers, we offer the capability on our Website for you to check the balance remaining on our gift cards and will collect the gift card number, the four digit pin for the gift card, and we will ask you to verify that you are a human being using reCaptcha (collectively, “Gift Card Balance Information”).
  • Our Website includes functionality that enables you to submit questions and chat with us through our third party service provider and if you choose to engage with this function, we will collect the information that you enter into the chat window (“Chat Information”).
  • Getting ahold of us is as easy as navigating to our Contact Us page on our Website and completing our web form, which collects your first name, last name, email address, phone number (optional), topic of inquiry (optional), order/reference number (optional), your comment to us, and we will ask you to verify that you are a human being through the reCAPTCHA service (collectively, “Web Inquiry Information”)
  • While shopping our Website, you have the option to select items to place in your cart until such time as you are ready to check out and finalize your purchase of those items and we will collect the product information for the product you have chosen to place in your cart, the quantity of the item, any personalized or custom options that you have selected, and whether you have chosen to include it as a favorite item (collectively, “Order Information”).
  • If you choose to purchase any product that you have chosen to place into your cart, we will invite you to sign into your account or if you do not have an account, we will collect your email address, telephone number, whether you would like to receive emails and text messages from us, the first and last name of the party whom the product will be shipped to, their address, city, state, zip code, phone number, your desired method of shipping, and your payment information, including the payment card number, expiration date, security code, and the first and last name, address, city, state, zip code and phone number for the payment card holder (collectively, “Transaction Information”).
  • Our Website enables you to check the status of your order at any time, in which case we will collect your order number, the email address that you used to place the order, and the billing zip code (collectively, “Order Status Information”).
  • Registering your drinkware products to start any applicable warranty can be achieved through our Website and if you choose to register your product online, we will collect your first and last name, email address, a range of the number of our products that you own, the type of products, and where you prefer to buy our products (collectively, “Product Registration Information”).
  • You have the option to join our mailing list to receive emails from us regarding new products, updates and offers. If you choose to sign up to receive these promotional email messages, we will collect your email address (“Newsletter Information”).
  • Anyone with an interest in coming to work for us may browse a list of current job openings and apply for a job opening from our Website. If you choose to apply for a job, we will redirect you to our third party service provider website who will invite you to either login to an existing account by collecting your username and password or to create a new account (collectively, “Job Application Information”).
  • Referring a friend for a job opening is easy on our Website and if you choose to engage in this function, we will collect information about whether you are currently employed with us, your first name, last name, email address, how you know the candidate, how long you have known the candidate, the candidates resume, a brief description of the candidate, their first and last name, street address, city, state/province, zip/postal code, country, email address, primary phone number, skills and experience, current job title, and current employer (collectively, “Job Referral Information”).
  • If you contact us by email, telephone, or United States mail, we will collect your name, email address, telephone number, or mailing address, as applicable, and the content of any message you choose to send to us (collectively, “General Inquiry Information”).
  • We maintain a number of social media accounts and if you choose to contact us through Tic Tok, Instagram, Facebook, or Pinterest, we will collect your name or username, as applicable, and the content of any message you leave for us (collectively, “Social Media Information”).
  • If you are interested in our business-to-business webpage where you may log into your business account to purchase products or apply to become a Tervis Tumbler Company Reseller, in which case we will collect your company name, federal tax identification number (optional), billing address, city, state, and zip code, whether your shipping and billing address are the same, a shipping address, city, state, and zip code, the total number of store locations that you have, the owner or buyer name and title, contact phone number, contact email address, whether the accounts name is the same as the owner name, the accounts payable name (optional), contact phone number for accounts payable (optional), contact email address for accounts payable (optional), whether you agree to net30 payment terms (optional), whether a UPC is required (optional), if backorders are accepted (optional), whether your shipping account can be used (optional), the segment of the business you are most interested in (optional), the business type (optional), anticipated annual Tervis revenue (optional), top brands from your store (optional), whether you are currently working with one of our sales representatives and their name, whether you agree to the terms of the Tervis Tumbler Reseller policy, and will ask you to confirm you are a human being through reCAPTCHA (collectively, “Reseller Information”).
  • If your business is interested in becoming an affiliate, we will collect your first name, last name, email address, a username, password, account display name, company website address, country of operation, street address, city, state, zip code, phone number, currency, time zone, business model, property type, and agreement terms (collectively, “Affiliate Information”).
  • Our corporate webpage that you may access from our Website enables you to do the following:
    • You may email product information to an email address in which case we will collect the recipient’s email address, your email address, your name (optional), a subject line, the content of any message (optional), and whether you would like us to send a copy of the email to another address (optional) (collectively “Product Email Message”).
    • If you want more information about a product, we will collect information on the quantity needed (optional), the date needed (optional), any comments you have for us (optional), first name, last name, email address, phone number, extension (optional), fax number (optional), company name (optional), street address, city, state, zip code (optional), and whether you want a copy of the email sent to you (optional) (collectively, “Product Request Information”).
    • Our Website grants you the capability to request a quote for a product and we will collect your first and last name, email address, phone number, company name, state, desired in-hand date, whether you are a promotional product distributor, how your order will reach its end user, the type of Tervis Classic products that you would like to purchase, how many Tervis Classic products you would like us to quote, the kind of decoration that you want (optional), the type of Tervis Stainless product you would like to purchase, the number of Tervis Stainless products you would like to purchase, the kind of decoration you want on the Tervis Stainless (optional), any additional information you would like us to know for purposes of creating your quote (optional), and we will verify you are a human being through the reCAPTCHA service (collectively “Quote Information”).
    • Should you desire to contact us with a corporate inquiry, we will collect your first and last name, company name (optional), customer number (optional), address, city, state/province/region (optional), country (optional), email address, web address (optional), phone number (optional), extension (optional), toll-free phone number (optional), mobile phone number (optional), fax number (optional), time zone (optional), any comment you have for us (optional), and we will ask you to verify that you are a human being through reCAPTCHA (collectively, “Corporate Inquiry Information”).
  • If you are interested in becoming a brand ambassador, we will collect your email address, name, shipping address, social media channels, and if you are approved as a Brand Ambassador, information about your posts about our company (collectively, “Brand Ambassador Inquiry Information”).

Internet Cookies

Our Website uses internet cookies, which are small data files that are deployed from a web server to your computing device that enable us and our third party service providers to collect certain information from you. We use the following categories of internet cookies on our Website:

  • Strictly Necessary Cookies – these internet cookies that cannot be turned off and address the core functionality of the Website. These cookies are set in response to actions made by you in connection with your interaction with a function, such as setting your privacy preferences, logging into your account, or filling out web forms.
  • Performance Cookies – these internet cookies collect information that enable us to detect and identify errors on our Website or with products that are displayed on our Website and provide us with information regarding how you interact with our Website, including the amount of time spent engaging with certain content or functions, the aggregate number of visitors to our Website, and the sources of web traffic.
  • Functional Cookies – these internet cookies provide enhanced functionality and personalization on our Website and may be set by us or our third party service providers in connection with their performance of services for us. This enables us to personalize your experience, for instance, by sending shopping cart reminders via SMS message if you have opted into our SMS service.
  • Analytics and Marketing Cookies – these internet cookies are used to collect basic demographic and usage information from you and may be used by our third party service provider to build a profile of your interests for purposes of displaying advertisements to you on other websites and it assists us in targeting you with advertisements about our products.
  • Social Media Cookies and Pixels – these internet cookies and pixels are set by social media services that enable you to share our content with your friends, connections, and networks. They are also capable of tracking your browser across other sites, creating a profile of your interests, and targeting you with advertisements.

The information that we collect from the foregoing cookies includes your internet protocol address, a unique online identifier, social media pixel information, domain of your internet service provider, internet browser type, language preference, computing device type, the country where your internet protocol address originates, the website you visited before arriving on our Website, the duration of your visit, the content and functionality you interacted with on our Website, and other basic demographic information, to the extent available from our third party service providers, about you (collectively, “Usage Information”).

Depending upon your internet browser type or computing device, you may have certain options with respect to internet cookies. For more information about what options may be available to you, please consult your internet browser’s or computing device’s help file. Please be advised that if you choose to block or reject internet cookies that certain functionality on the Website may not display or function properly for you.

How Does Company Use the Information it Collects?

The manner in which we use the information that we collect is detailed below:

  • Account Registration Information is used to create your account on our Website and in connection with administering account and customer support in connection with your use of our ecommerce Website.
  • Account Credentials are used to authenticate logins into your account and in administering account and customer support.
  • When you forget or desire to reset your password, we will use your Password Reset Information to assist you with resetting your password.
  • We use Personalized Product Information and Customized Product Information for purposes of manufacturing the product that you have personalized and/or customized in accordance with your choices and administering customer and account support. We also use Personalized Product Information and Customized Product Information for our internal business purposes in connection with identifying new and improved customizations and personalization options for products.
  • Display Information is used to sort and display the products that meet the criteria that you have selected on our Website.
  • Retailer information is used to show you retailers within the radius and area that you have selected that carry our products.
  • Gift Card Information is used for purposes of generating an electronic gift card that will be transmitted to your chosen recipient and their email address upon completing the sales transaction.
  • Gift Card Balance Information is used to display the balance remaining on the electronic gift card that you have input into our Website.
  • Chat Information is provided to us by our third party service provider and used to help improve the service and to respond to your inquires of us.
  • Web Inquiry Information is used to respond to your specific inquiry of us, including to render any requested customer or account support.
  • If you choose to select products to add to your cart on our Website, we use Order Information for purposes of keeping track of the products that you may choose to purchase through our Website. We also use Order Information to assist in completing any sales transaction that you choose to make, to administer customer and account support, and for our internal business purposes, including identifying the most popular products that are offered on our Website.
  • Transaction Information is used by us if you choose to complete a sales transaction through the Website for purposes of processing the sales transaction, fulfilling your order, and administering customer or account support. If you choose to receive emails and text messages from us, we will use your email address and telephone number for purposes of sending you promotional and marketing messages about our products and Website. If you choose to purchase officially licensed products, we will use information such as your name, email address, telephone number, and the product purchased to share with our business partners.
  • Order Status Information is used by us for purposes of providing you with an update on the status of your order and for our internal business purposes in connection with detecting issues with the functionality of this feature and making improvements to it.
  • Product Registration Information is used to register your warranty, to send you communications containing information about products that may be of interest to you, and for our internal business purposes in connection with understanding more about the products that are of greatest interest to our customers.
  • To the extent that you choose to register to receive our newsletter, we use Newsletter Information for purposes of sending you promotional and marketing messages about our products and Website.
  • Job Application Information is used in connection with our job screening, interview, and hiring process, which may include contacting you for more information or to schedule an interview with us.
  • Job Referral Information is used by us to contact the person who was referred for more information, to schedule an interview, or as needed in connection with our employment pre-screening, interviewing and hiring process.
  • General Inquiry Information and Social Media Information is used by us to respond to your particular inquiry into our business.
  • Reseller Information is used by us to contact you with any additional questions and to provide you with any documentation that may be required to onboard you as a reseller, if you are chosen to resell our products. If you are chosen to be a reseller, we will use Reseller Information to administer your account and process sales transactions.
  • Affiliate Information is used by us to determine whether you might be a good fit to join our affiliate program, to contact you with any additional questions, provide you with any additional documentation that may be required in connection with our affiliate program, and in connection with operating our affiliate program.
  • Product Email Message information is used to send the recipient whose information you have provided with the applicable product information.
  • Product Request Information is used by our sales team to contact you with additional information about the product that you have inquired about.
  • Quote Information is used to generate a quote about the products that you have selected and to contact you with any additional questions that we may have in order to generate the requested quote.
  • Corporate Inquiry Information is used by our sales team to contact you in response to your inquiry with the requested information.
  • Brand Ambassador Information is used to evaluate whether you might be a good fit for our ambassador program and to contact you with additional questions or information. If you are chosen to be a brand ambassador, we will use your Brand Ambassador Information to administer our program and evaluate its success.
  • We use Usage Information collected from internet cookies to: (i) manage the core functionality on our Website, (ii) assist with fraud detection and to combat fraud and other malicious activity on the Website, (iii) detect, identify, and resolve technical issues with our Website and functionality available on the Website, (iv) understand the manner in which you use and interact with our content, functions, and features on our Website, (v) identify the most commonly utilized computing devices and internet browsers that visit our Website for purposes of improving and optimizing the user experience, (vi) identify trends and understand the basic demographics of visitors to our Website, (vii) target you with advertisements for our products and Website, (viii) evaluate the effectiveness of our marketing and advertising efforts, and (ix) for our internal business purposes in planning future products and changes to our Website.

Does Company Share Information with Third Parties?

In connection with offering our Website and products to you for sale, we utilize a number of third party service providers, including data and web hosting, software, payment card processing, logistics, accounting, advertising, analytics, marketing, information technology, human resources, and legal service providers. We disclose information that we collect from you with these service providers to the extent required for these third party service providers to render their services to us.

Unless otherwise prohibited by applicable law, we disclose contact information that we have collected about and from you when you purchase certain officially licensed products with our business partners and affiliates who will send you communications about products or services that may be of interest to you.

We also disclose information that we have collected about you and from you under the following circumstances, subject to any restrictions imposed by applicable law:

Business Reorganization or Sale

If all or substantially of our assets are sold to another company or we merge with another organization, then all of the information that we have collected from and about you will be among the assets provided to the acquiring entity, unless otherwise required by applicable law.

Legal Process

If we are required by applicable law to provide information about you, including in response to a subpoena, warrant, or other legal process, we will comply with any such legal requirement. We reserve the right, in our sole discretion, to challenge any legal request served on us in the appropriate legal forum. Unless otherwise prohibited by applicable law, we will also disclose information that we have collected from or about you if we determine that such a disclosure is required to protect the Company or the safety of any third party.

Children’s Online Privacy

Company does not market to or otherwise solicit Personal Information (defined below) from children under the age of thirteen. You must be eighteen years of age to use the Website. If you are a child under the age of eighteen, please do not provide us with any Personal Information. If you are the parent or legal guardian of a child who is under the age of eighteen and you believe that your child may have provided us with Personal Information, please contact us by any of the means provided in the Contact Us Section, which is located at the bottom of this Policy and we will promptly remove your child’s information from our system.

For purposes of this Section only, the term “Personal Information” has the meaning provided in the U.S. Children’s Online Privacy Protection Act (15 U.S.C. § 6501, et. al.) and its regulations, which includes first and last name, home or other physical address, email address, telephone number, social security number, or other identifiers.

Third Party Hyperlinks

Our Website includes hyperlinks that will re-direct you to other websites that are not owned or operated by Company (each, a “Third Party Website”). These hyperlinks to Third Party Websites are provided for your convenience and for informational purposes only. You hereby acknowledge and agree that Company has no control over any content, information, business or privacy practices of any Third Party Website, including any product or services that may be available on or through any such Third Party Website. You further acknowledge and agree that your use of any Third Party Website is entirely at your own risk and Company will have no liability to you or any other party in connection with your use of a Third Party Website.

Revisions to this Policy

We reserve the right to revise this Policy from time to time as we determine in our sole discretion, to address changes to our business. Each time we make a revision to this Policy, we will also update the Last Modified Date that is listed at the top of this Policy. If we make a material change to the manner in which we collect, use, or disclose information, then we will post a notice on the main page of our Website to bring this change to your attention. You acknowledge and agree that it is your responsibility to regularly check this Policy for any updates to these terms. Changes to this Policy will become effective upon their posting. Your use of the Website following any change to this Policy shall constitute your unconditional acceptance of any change. If you disagree with a revision, then you must immediately cease your use of the Website.

Contact Us

You may contact us with questions or concerns about this Policy by utilizing any one of the methods included below:

California Privacy Disclosures

California Privacy Policy

Last Modified Date: October 11, 2023

Notice of Collection Practices

The following California-specific disclosures are intended to supplement the information that is detailed in our general Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumer” or “your”). The disclosures provided here are made in accordance with the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (collectively, “CCPA”) and any terms defined in the CCPA have the same meaning when used in this California Privacy Policy.

Information that Tervis Tumbler Company Collects

In connection with operating our business, we collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could be linked, directly or indirectly, with a particular consumer, household, or device (“Personal Information”). Personal Information does not include the following:

  • information that is publicly available from government records; or
  • de-identified or aggregated consumer information.

We have collected the following categories of Personal Information from consumers within the last twelve months and from the source or sources indicated below:

Category of Personal Information Information Collected Source of Information
Identifiers.

Real name, postal address, unique personal identifier, online identifier, internet protocol address, email address, or other similar identifiers.

We collect real name, postal address, and email address from you.

Online identifier, internet protocol address, or other similar identifiers are collected indirectly from you when you use the Website through the use of internet cookies.

Personal Information categories listed under Cal. Civ. Code § 1798.80(e).

Name, address, telephone number, education, employer, employment history, bank account number, credit card number, debit card number, or any other financial information.

The Personal Information in this category may overlap with other categories.

We collect this information directly for you, to the extent that you provide it to us in connection with an inquiry, submission of an application for employment, or in connection with completing a purchase of a gift card or products.

Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, marital status, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), veteran or military status.

This information is collected directly from you to the extent it is relevant to onboarding an employee.

Commercial Information

Records of products purchased, obtained, or considered, and purchasing histories.

We collect this information indirectly from you based upon your interactions with us and through your use of our Website.

Biometric Information

Browsing history, information on a customer’s interaction with a website, application, or advertisement.

We collect this information indirectly from you through our third party service providers and internet cookies.

Geolocation data

Physical location or movements.

We collect this information indirectly from you through our third party service providers and internet cookies.

Sensory data

Not Applicable

Not Applicable

Professional or employment-related information.

Current or past job history or performance evaluations.

We collect this directly from you if you apply for employment with us.

Non-public education information (per the Family Educational Rights and Privacy Act

Education records related to a student maintained by an educational institution such as transcripts.

We will collect this information from the applicable organization, with your authorization, in connection with verifying education for employment.

Interferences drawn from other personal information

Profile reflecting a person’s preferences, characteristics, and behavior.

We collect this information indirectly from you through internet cookies.

The Business or Commercial Purpose for Collecting Personal Information

We use the Personal Information that we collect above for the following purposes:

  • To fulfill a specific request that you have made to us, including responding to any inquiry you make to our Company.
  • To administer account and customer support.
  • To fulfill a sales transaction, including processing your payment transaction and mailing you the product that you have purchased.
  • To establish your customer account, if you choose to register to establish an account.
  • To consider you for an employment opportunity, if you apply for a job opening, in connection with our pre-screening, interview, and employment process.
  • To optimize your experience browsing our Website, including through identifying the most commonly utilized devices, internet browsers, and operating systems used by those who visit our Website.
  • To understand basic demographic information regarding those who visit our Website.
  • To market and advertise Tervis Tumbler Company products to you.
  • To identify, troubleshoot, and resolve technical issues with our Website.
  • To combat fraud and malicious activities on our Website, to manage the core functionality on our Website, including web traffic management and data security.
  • To understand how visitors to our Website interact with the content and functionality on the Website for purposes of future improvements and updates.
  • To develop future product offerings and customization options.
  • To respond to law enforcement inquiries as required by applicable law, order, or governmental regulations.
  • To preserve our legal rights.
  • In connection with evaluating business acquisition and merger opportunities.

Sharing and Selling Personal Information

Tervis Tumbler Company shares Personal Information for cross context behavioral advertising with third party service providers who provide us with advertising and marketing services so that we can target you with advertisements for our products. We maintain written contracts with our third party service providers, which require confidentiality over any Personal Information provided by us to the service provider or that the service provider may collect or access on our behalf.

We sell your Personal Information, subject to your right to opt-out of those sales, for analytics reports containing basic demographic information regarding visitors to our Website and the in connection with the use of Website. Our Personal Information sales do not include information about individuals who we know are under the age of sixteen. In the preceding twelve months, we have sold Personal Information as indicated in the table below. The table also contains information on the categories of third parties we have disclosed Personal Information to for a business purpose:

Personal Information Category Category of Third-Party Recipients
Business Purpose Disclosures Sales

A: Identifiers.

Website and data hosting, accounting, advertising, marketing, payment card processing, and legal services providers

Analytics service provider

B: California Customer Records Personal Information categories.

Website and data hosting, accounting, advertising, marketing, payment card processing, and legal services providers

Analytics service provider

C: Protected classification characteristics under California or federal law.

Human resource service provider

None

D: Commercial information.

Data hosting service provider

None

E: Biometric information.

None

None

F: Internet or other similar network activity.

Website and data hosting, advertising, marketing, payment card service providers, and social media networks

None

G: Geolocation data.

Website and data hosting, advertising, marketing, and payment card services providers

Analytics service provider

H: Sensory data.

None

None

I: Professional or employment-related information.

Human resources service provider, data hosting service provider

None

J: Non-public education information.

Human resources service provider

None

K: Inferences drawn from other personal information.

Data hosting, advertising, marketing service providers, and social media networks

Analytics service provider

In accordance with the terms of the CCPA, a third party is prohibited from reselling Personal Information unless you have received explicit notice and an opportunity to opt-out of further sales. The following businesses purchase personal information from us and may resell that information. To opt-out of those sales, please visit that business's opt-out notice at link provided below.

Google Analytics: https://tools.google.com/dlpage/gaoptout

Sensitive Personal Information

Tervis Tumbler Company only uses Sensitive Personal Information, as defined under the CCPA for the purposes specified in Section 7027 of the CCPA Regulations.

Explanation of CCPA Rights

Under the CCPA consumers have specific rights regarding their Personal Information as detailed more fully in this Section. This Section also includes details and instructions for how you may exercise your rights under the CCPA.

Right to Know and Data Portability

In accordance with the CCPA, you have the right to request from us certain information that we have about you and our collection and use of your Personal Information over the past twelve months (“Right to Know”). Once we receive your request to exercise your Right to Know and confirm your identity, we will disclose the following information to you:

  • The categories of Personal Information that we collected about you.
  • The categories of sources for the Personal Information that we collected about you.
  • Our business or commercial purpose for collecting, sharing, and selling that Personal Information.
  • The categories of third parties with whom we share that Personal Information.
  • If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
  • Sales - identifying the Personal Information categories that each category of recipient purchased; and
  • Disclosures for a business purpose - identifying the Personal Information categories that each category of recipient obtained.
  • The specific pieces of Personal Information we collected about you (also called a data portability request).

Right to Delete

The CCPA grants California consumers a right to request that we delete any of your Personal Information that we have collected from you and retained, subject to certain exceptions outlined under the CCPA (“Right to Delete”). Upon receipt of a request to exercise your Right to Delete and confirmation of your identity, we will review the request to ensure an exception that enables us to keep your Personal Information does not apply. We are permitted to deny your request if retaining information is necessary for us or our service provider(s) to:

  1. Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify Personal Information not subject to one of the foregoing exceptions from our records and will direct our service providers to take similar action.

Right to Correct Inaccurate Information

Consumers under the CCPA have a right to correct any inaccurate Personal Information that the business maintains regarding that consumer (“Right to Correct”). Once we receive your request and confirm your identity, we will update your inaccurate Personal Information as described in this Section.

Exercising your Rights to Know, Correct, or Delete

If you want to exercise your Right to Know, Right to Correct, or Right to Delete as described in the foregoing subsections, please submit a request by either:

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your Personal Information. To designate an authorized agent, you must contact us with the name and contact information of your authorized representative. Your authorized representative must authenticate their identity with us and provide confirming details regarding the authorized agent appointment.

You may only submit a request to know twice within a 12-month period. Your request to know or delete must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative, which may include:
    • Providing us with certain information for purposes of matching that data with data that we maintain on file for the requested individual.
  • Please describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. We will only use Personal Information provided in the request to verify the requestor's identity or authority to make it. You do not need to create an account with us to submit a request to know or delete.

Timing of a Response and the Format

If you submit a request to exercise your Right to Know, Right to Correct, or Right to Delete, we will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please privacy@tervis.com and indicate in your message that you submitted a request to exercise your Right to Know, Right to Correct, or Right to Delete, as applicable and that you did not receive a confirmation.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Notice of Right to Opt-out of Sales and Sharing of Personal Information

Personal Information Sales and Sharing Opt-Out and Opt-In Rights

If you are age 16 or older, you have the right to direct us to not sell your Personal Information at any time (the "Right to Opt-Out"). We do not sell or share the Personal Information of consumers we actually know are younger than 16 years old. Consumers who opt-in to Personal Information sales may opt-out of future sales at any time.

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 link:

https://www.tervis.com/privacy-form

You may also opt-out by toggling your internet web browser to emit a do not track signal, which we will honor as a Right to Opt-Out on a device basis.

You do not need to create an account with us to exercise your Right to Opt-Out. We will only use Personal Information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. We do not currently nor have we in the past twelve months offered any such financial incentives.

Changes to the California Privacy Policy

We reserve the right to amend this Privacy Policy at our discretion and at any time. When we make changes to this Privacy Policy, we will post the updated notice on the Website and update the notice's Last Modified Date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions about this disclosure, or our Privacy Policy, you may contact us at:

If you need to access this Policy in an alternative format due to having a disability, please contact CustomerCare@tervis.com or 1-866-886-2537.