Privacy Policy

Last Updated: 8th July 2024

This Privacy Policy (“Privacy Policy”) describes the data collection, use, sharing and protection practices of DX Products LLC (“Bathmate”, “we”, “our”, “us”) and applies to https://bathmatedirect.com, including any sub domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), and any content, products or services made available through the Website. We refer to the information, products and services made available through the Website as “Services” in this Privacy Policy. We use the words “you” and “your” to mean you, the reader, and other visitors to our Website and users of our Services who are, in all cases, over the age of 18. This age requirement is discussed in more detail later in this Privacy Policy.

By visiting the Website and requesting Services through the Website, you agree to the terms of this Privacy Policy, as they may be amended from time to time. As Bathmate updates or expands its Website or Services, this Privacy Policy may change and the changes are effective upon posting. If we feel it is appropriate, or if the law requires, we’ll also provide a summary of changes we’ve made near the end of the new Privacy Policy as well. If Bathmate determines that such changes materially affect your privacy rights, we will provide additional notice to you. This Privacy Policy is incorporated into, and part of, the Website Terms of Use which govern your use of this Website in general. This Website is intended for users who are located in the United States of America. The Privacy Policy shall be interpreted under the laws of the United States. For more information on how we handle the personal information of people outside the United States, please see here.

THE INFORMATION WE COLLECT

Bathmate obtains information about you when you use our Services. Please note that we need certain types of information so that we can provide Services to you. If you do not provide us with such information, or ask us to delete it, you may no longer be able to access or use all or part of our Services.

WHERE DO WE GET YOUR PERSONAL INFORMATION FROM, WHAT CATEGORIES DO WE COLLECT, AND HOW DO WE USE AND SHARE IT?

The table immediately below provides detailed listing, on a category-by-category basis, of the types of personal information we collect or obtain, how we do so, and the ways in which we use and share it. In the remainder of this section we provide a more detailed description of each respective category and type of sharing. By using our online and mobile resources, you are signifying to us that you agree with this section of our privacy statement and that we may use and share your information as described.

Information You Voluntarily Provide to Us

Bathmate collects the following types of information directly from you:

• Name, mailing address, telephone number and email address;
• Billing information, bank account and routing numbers, and identity verification information that is collected though our payment processors on our behalf;
• Log-in credentials;
• Information about purchases or other transactions with Bathmate;
• Information about your customer service and maintenance interactions with us;
• User-generated content you post in public online forums on our Services;
• Inferences drawn from information that you provide to us;
• Professional and employment-related data; and
• Any other information you choose to directly provide to us in connection with your use of the Services.

The categories of personal information we have collected from visitors and users of our online and mobile resources in the previous 12 months, and may collect from you, are as follows, some elements of which, such as social security numbers, may be considered “sensitive information” under applicable law:

• General Identifiers such as a real name, alias, postal address, signature or unique personal identifier, physical characteristics or description, online identifier, Internet Protocol address, email address, account name, social security number, driver's license number, passport number, or other similar identifiers.
• Financial Data such as bank account number or any other information needed to complete a transaction with us that involves payment
• Protected Characteristics such as gender, health data, sexual health, and the like.
• Commercial Information including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
• Internet Activity Data or other similar electronic network activity information, such as browsing history, search history, and information regarding a consumer's interaction with an internet website, application, or advertisement regardless of device type used be it a personal computer, cell phone or other mobile device.
• Audio/Visual Data such as video or other electronic recordings such as recordings of phone calls.
• Inference Data drawn using the above-described personal information to create a profile reflecting our customers’ preferences.
• Consumer Health Data defined by consumer health laws such as Washington’s My Health My Data, this is either user submitted data or inferential data that can be made by third parties based on the nature of the Website that may include data related to an individual’s health conditions or data related to individual’s past, present, or future physical or mental health.

Information We Collect Through Automated Means

Bathmate and our partners (service providers or third-party companies that work on our behalf) use a variety of technologies to assist in collecting information about your use of the Services and the devices you use to access the Services.

Visitor Data. When you use our Website, we collect information that will help us understand and analyze your experience interacting with our Services. For example, we may collect information related to domain names, the type of browsers used to access the Services, operating system software, browser plug-ins, cookie preferences, search engine keywords, the pages you viewed and amount of time spent on particular pages, terms you use in you searches on our Website, and similar information.

Location Information. When you use the Services, we and our service providers may automatically collect general location information (e.g., IP address, city/state and or postal code associated with an IP address) from your computer or mobile device. This information allows us to enable access to content that varies based on a user’s general location (e.g., to provide you with accurate sales tax information and to deliver content customized to your location).

Cookies. “Cookies” are a feature in your browser software. We, or our partners, may write cookies that may store small amounts of data on your computer about your visit to any of the pages of the Website. Cookies assist us in tracking which of our features appeal the most to you and what content you may have viewed on past visits. When you visit this Website again, cookies can enable us to customize our content according to your preferences.

We may use cookies to:

• keep track of the number of return visits to this Website;
• accumulate and report aggregate, statistical information on Website usage;
• to deliver relevant content and advertising for products on the Services, as well as on other websites you visit and other applications you use;
• deliver specific content to you based on your interests or past viewing history; and
• save your password for ease of access to the Website.

You can disable certain cookies, although the Website may not function properly for you. Your browser preferences can be modified to accept or reject all cookies, or request a notification when a cookie is set. In order to use all of the features and functionality of Bathmate’ Website, you need to accept cookies.

Web Beacons. A web beacon, sometimes called a tracking pixels, is a programming code that can be used to display an image on a web page, but can also be used to transfer your unique user identification to a database and associate you with previously acquired information about an individual in a database. This allows Bathmate and our third-party service providers to track certain websites you visit. Web beacons are used to track online behavioral habits for marketing purposes to determine products or services you may be interested in. In addition to using web beacons on web pages, we also use web beacons in email messages sent to individuals listed in Bathmate’ database.

Other Online Tools. Bathmate may also use a web server log or an SDK. A webserver log is a file where website activity is stored. An SDK is a set of tools and/or code that we embed in our software to allow third parties to collect information about how people interact with our Services.

As we continue to develop the Website and our Services, Bathmate may implement additional methods to gather information about the Bathmate community.

Information We Collect From Third Parties Such As Social Media and other Content Platforms

Bathmate maintains a presence on a variety of social media platforms. When you “like” or “follow” us on Instagram, YouTube, or other social media platforms, we may collect some information about you. We may also receive information about you from third party companies such as data analytics providers and data brokers. This information includes your name, email address, any comments or content you post that is relevant to Bathmate. We also collect your information if you sign up for a promotion and submit information to us through one of our social media accounts.

HOW WE USE YOUR INFORMATION

The following paragraphs generally describe how Bathmate uses your information in connection with our Services.

General Use. Bathmate will use your information as necessary to carry out and manage its Services and to contact you. This includes, creating user accounts or profiles as well as using your information to verify and administer your account or profile, including processing payments, validating your compliance with the terms and conditions, fulfilling orders for merchandise (if applicable), processing transactions, and screening orders and transactions for potential risk or fraud. We will use your information to communicate with you about Bathmate’ Services, your use of the Services or your inquiries related to the Services. Bathmate will use your information to ensure that content from our Services is presented in the most effective manner for you and for your computer or device, allow you to participate in interactive features of our Services (when you choose to do so), and as part of our efforts to keep our Services safe and secure. Bathmate does not create user profiles that are in furtherance of decisions that produce legal or similarly significant effects concerning a consumer.

Improve Bathmate’s Services. Bathmate continuously seeks to improve its Services and optimize its Website. To do so, we conduct research to understand the effectiveness of our Services, improve our Services, and to better understand the Bathmate community. If we publish the results of our research to others, such research will be presented in a de-identified and aggregate form such that individual users cannot be identified.

Promotional Communications. We will use your personal information to communicate with you by email, postal mail, phone, or text message with targeted advertisements or marketing communications we believe may be of interest to you, such as surveys, promotions, special events or our products and Services and those of our affiliates or third-party partners, and any of their related businesses. By creating an account and using this Website, you are giving your express permission to Bathmate and their agents or vendors the right to contact you with targeted advertising materials by email, text message (SMS), telephone or cellphone, including the use of automated, predictive, programmable, or similar (“robodialers”) dialers or dialing software, or any other means of communication we may utilize to provide promotional offers. To the extent applicable, you expressly acknowledge that you are solely responsible for all charges billed by your mobile service provider. If you no longer wish to receive promotional communications by email, please follow the unsubscribe link located at the end of an email message. If you no longer wish to receive text messages, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Bathmate.

Marketing/Performance Analysis & Data Analytics. We will use your information to help us better understand your interests and needs, such as by engaging in analysis and research regarding use of the Services. We may use your information to measure or understand the effectiveness of advertising and content we serve to you and others, and to deliver and customize relevant advertising and content to you. For example, we may generate analytics about how our customers browse and interact with the Website, and to evaluate the success of any marketing and advertising campaigns we pursue.

Fraudulent Activity. We will use your information to protect Bathmate, its partners, its users, and non-users against fraudulent activity or acts that Bathmate believes to be in breach of applicable laws, rules, and codes or of its Terms of Services.

Combined Information. For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use and share such combined information in accordance with this Privacy Policy.

Aggregate/De-Identified Data. We may aggregate and/or de-identify any information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors.

We use the personal information we collect only in the manner and through the means allowed by applicable law. That means we determine whether we have a lawful basis/legitimate business purpose to use your personal information before doing so. More specifically, we use personal information to do the following:

• transaction processing – such as process, complete, and maintain records on transactions
• perform contracts – such as fulfilling our duties and exercising our rights under contracts we may have with you, our vendors and supply chain partners.
• promotions – such as provide personalized promotions and special offers
• general marketing – including provide users with information about our brand, products, and events
• tailored marketing – to provide uses with marketing tailored to their interests
• member servicing - facilitate and service your membership in our rewards program
• physical security - provide security at our physical locations and for internal or external investigations
• technical security – monitor our networks and detect security incidents
• branded messaging - subscribe and participate in rewards and similar programs
• product safety - provide important safety information and notice of product recalls
• customer service - respond to consumer inquiries, including requests for information, Customer Support online, phone calls, and in-store inquiries
• user experience – including internal research and analytics to improve user experience on our online and mobile resources
• know our customer - understand the demographics and interests of our website visitors
• debugging - debug, identify, and repair errors that impair existing intended functionality of our website
• detect and prevent unlawful acts - protect against malicious or illegal activity and prosecute those responsible
• verification - verify and respond to consumer requests

DATA ANALYTICS AND ADVERTISING

1. Data Analytics

   We may use third-party web analytics services on our Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; try to locate the same unique users across multiple browsers or devices to better tailor services and features; and provide certain features to you. If you have a Google account with personalized advertising enabled, through Google Signals, Google will also be able to gather for us analytics and engagement information from across the various devices you use to access the Services. To prevent Google from using your information for analytics (including cross-device tracking for personalization purposes), you may install the Google Analytics Opt-out Browser Add-on by clicking here. And to opt out of Google Signals, please open your “Settings” app, locate and tap “Google,” select “Ads,” and turn ON “Opt out of Ads Personalization.” You may also be able to disable cross-device tracking through your Android or Apple device-based settings.

   If you receive email from us, we may use certain analytics tools, such as clear GIFs to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.

2. Online Advertising

   The Services may integrate third-party advertising technologies (e.g., ad networks and ad servers such as Facebook, Google Ad Words, and others) that use cookies and other technologies to deliver relevant content and advertising for products on the Services, as well as on other websites you visit and other applications you use. The ads may be based on various factors such as the content of the page you are visiting, information you enter such as your searches, demographic data, and other information we collect from you. These ads may be based on your current activity or your activity over time and across other websites and online services.

   We sometimes provide our customer information (such as email addresses) to service providers, who may “match” this information in hashed form to cookies (or mobile ad identifiers) and other proprietary IDs, in order to provide you with more relevant ads when you visit other websites and mobile applications.

   We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed on your device you use to access the Services by non-affiliated third-party advertising network services. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s Consumer Opt-Out link, or the Your Online Choices link.

   Please note that if you exercise the opt-out choices above, you will still see advertising when you use the Services, but it will not be tailored to you based on your online behavior over time.

3. Mobile Advertising

   When using mobile applications from us or others, you may also receive tailored in-application advertisements. We may use third-party service providers to deliver advertisements on mobile applications or for mobile application analytics. Each operating system, iOS for Apple phones, Android for Android devices, and Windows for Microsoft devices provides its own instructions on how to prevent the delivery of tailored in-application advertisements. We do not control how the applicable platform operator allows you to control receiving personalized in-application advertisements; thus, you should contact the platform provider for further details on opting out of tailored in-application advertisements. You may review the support materials and/or the device settings for the respective operating systems to opt-out of tailored in-app advertisements.

4. Email and Text Message Marketing

   By submitting your email address and/or phone number through the Website, you are expressly consenting to receive emails from Bathmate, including from Bathmate’ affiliates. To opt-out of receiving email messages from us click on the “Unsubscribe” link contained in each email. No email addresses will be shared with any other senders or third parties.

5. Notice Concerning Do Not Track

   Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third-party purposes, and that is why we provide the variety of opt-out mechanisms listed above. There is, however, currently no universal standard for sending and receiving DNT signals. As such, we cannot promise that we respond to all DNT signals, but do recognize and respond when required, such as when HTTP header fields or Java objects are used.

HOW WE SHARE YOUR INFORMATION

Bathmate may share your information in the following ways:

Affiliates & Related Business Entities. We may share the information we collect with our affiliates or related business entities for the purposes of delivering products or services to you, ensuring a consistent level of service, and to enhance our products, services, and your customer experience.

Service Providers. We provide access to or share your information with select service providers who use the information to perform services on our behalf. They provide a variety of services to us, including billing, sales, marketing, advertising, analytics, research, customer service, shipping and fulfillment, data storage, IT and security, fraud prevention, payment processing, and auditing and legal services.

Third Parties. We may share the information we collect with third parties for the purposes of delivering services such as advertising which includes cross contextual behavioral advertising on our behalf.

Legal Compliance. By using the Service, you acknowledge and agree that we may access, retain, and disclose information we collect and maintain about you if reasonably necessary to comply with a subpoena or court order, to enforce our Terms of Use, Privacy Policy, or Bathmate’ legal rights.

Business Transfers. As Bathmate continues to grow, we may buy, merge, or partner with other companies. In such transactions, your information may be among the assets that are transferred.

Public Forums. Certain features of our Services make it possible for you to share comments publicly with other users. Any information that you submit through such features is not confidential, and we may use it for any purpose (including in testimonials or other marketing materials). For example, if you submit a product review on one of our Websites or blogs, we may display your review (along with the name provided, if any) on other Bathmate websites and on third-party websites. Any information you post openly in these ways will be available to the public at large and potentially accessible through third-party search engines. Accordingly, please take care when using these features.

Aggregate/De-Identified Information. We reserve the right to create Aggregate/De-Identified Data from the information we collect through the services and our sharing of such Aggregate/De-Identified Data is in our sole discretion.

HOW WE DISCLOSE YOUR PERSONAL INFORMATION

Over the past twelve months, Bathmate has disclosed the data categories described within this Privacy Policy to third parties for business purposes relating to the (i) audits of services provided by third parties including counting ad impressions, (ii) security and integrity of Bathmate’ operations, where required, as well as improving, upgrading or enhancing the service or device that is owned by us (iii) fixture of any technical issues being faced by Bathmate (iv) provision of services on behalf of Bathmate including advertising and marketing services where permitted, and (v) internal research and improvements.

In the past twelve (12) months we may disclose the personal information:

• corporate affiliates and franchisees - We may share personal information with our corporate affiliates, corporate parents and franchisees who will use such information in the same way as we can under this statement.
• law enforcement or government - We may disclose personal information to government agencies and authorities, and to other third parties when compelled to do so by such government authorities, or at our discretion or otherwise as required or permitted by law, including responding to court orders and subpoenas.
• harm prevention - We also may disclose personal information when we have reason to believe that someone is causing injury to or interference with our rights or property, or harming or potentially harming other persons or property.
• successors for business sale/purchase - If we, or any of our affiliates, sell or transfer all or substantially all of our assets, equity interests or securities, or are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, divestiture, consolidation, or liquidation, personal information may be one of the transferred assets.
• marketing support vendors – We may need to disclose certain of your personal information to vendors who we have engaged for technology and services that support our marketing efforts this includes ad-tech partners and social media websites.
• promotional or fulfillment vendors – In order to carry out promotions we make available to you and/or deliver our goods and services, we are required to share personal information with vendors who specialize in those activities.
• software and technology vendors – Our various service providers may have access to or be provided with some of your personal data in connection with the tasks they perform on our behalf such as maintaining portions of our networks or the software applications that run on them.
• transaction support vendors / payment processors - We share personal information with those of our vendors and business partners who need it to perform under the contracts we have with them.

HOW WE SELL OR SHARE YOUR PERSONAL INFORMATION

Bathmate does not sell or exchange your data for monetary consideration or value. In order to support tailored advertisements, offers, or content that you may find interesting when you browse the internet, Bathmate shares or facilitates the transfer of certain personal information with our trusted third party partners that support online advertising, data co-operatives, mobile advertising, data analytics, social media engagement, data brokers advertising networks or any other activity that may be considered cross-behavioral advertising. This transfer could be defined as a sale, sharing for cross-context behavioral advertising or targeted advertising. Please click here to opt-out.

In support of the activities listed above, over the past twelve months, Bathmate has shared or sold the following categories of personal information: (i) identifiers, (ii) inference data, (iii) user activity, (iv) commercial information, (v) demographic data, (vi) contact information, (vii) user account information, (viii) proximate location data, and (ix) professional data. For more information on how to exercise your rights in relation to the sharing or sale of your personal information, please see the section “Exercise Your Privacy Rights” below. If you are a Washington resident, Bathmate shall only share your Consumer Health Data if you have provided your consent. Bathmate does not exchange Consumer Health Data for monetary or other valuable consideration.

THIRD-PARTY LINKS AND CONTENT

The Website and email messages that you receive from Bathmate may sometimes contain hypertext links to the websites of third parties. Bathmate is not responsible for the privacy practices or the content of such other websites. Linked websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. Bathmate does not operate or control in any respect any information, software, products or services available on such third-party websites. The inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

EXERCISE YOUR PRIVACY RIGHTS

Bathmate takes privacy seriously. Where applicable, data subjects have certain rights which they can request for Bathmate to fulfill. These request can be made by either the data subject or an authorized agent. These rights include:

• The Right to Know. You have the right to request that Bathmate disclose the personal data that Bathmate has collected about you;
• The Right to Know Our Marketing Partners. Where applicable, California’s “Shine the Light” law allows for you to request a list of the third parties that we have shared your personal information with for the purpose of direct marketing;
• The Right to Amend. You have the right to correct any information that Bathmate stores about you;
• The Right to Withdraw Consent for Consumer Health Data. You have the right to withdraw your consent for any Consumer Health Data that Bathmate maintains about you if you are a Washington resident;
• The Right to Delete. You have the right to request that Bathmate delete information that it maintains about you, subject to certain exceptions; and
• The Right to Opt Out Of Your Personal Information Being Sold or Shared. You may opt-out of Bathmate sharing or selling your information. Additionally, you may request a list of all entities we have shared your Consumer Health Data to where applicable.

In order to exercise any of the rights detailed above, please email support@bathmatedirect.com. We will use your email as proof of verification unless otherwise prohibited. Exercising your rights under this section will not result in any discrimination by Bathmate. We will treat you the same as any other user.

If you disagree or dispute a decision that has been made on the scope or application of the rights described in this clause, you may appeal this decision by contacting support@bathmatedirect.com.

CHILDREN’S PRIVACY

Federal law imposes special restrictions and obligations on commercial website operators who direct their operations toward, and collect and use information from children under the age of 13. We take those age-related requirements very seriously, and, consistent with them, do not intend for our Website or Services to be used by children under the age of 18, and certainly not by anyone under the age of 13. Moreover, we do not knowingly collect personal information from minors under the age of 18. If we become aware that anyone under the age of 18 has submitted personal information to us via our Website or Services, we will delete that information and not use it for any purpose whatsoever. We encourage parents and legal guardians to talk with their children about the potential risks of providing personal information over the Internet.

RETENTION PERIOD

Bathmate shall only store personal information for so long as it is required. This is determined by considering the purposes for which it was obtained in accordance with applicable laws. Our retention period is based on (1) the nature of our relationship with the data subject and (2) any legal obligations we are bound to fulfill.

CONTACT US

If you have questions about this Privacy Policy or Bathmate’s privacy practices, please contact us at:

DX Products LLC
1 Chisholm Trail Road
#450 Round Rock
TX 78681

+1-888-408-3248
support@bathmatedirect.com