BESTWAY (USA), INC.
Last Modified: May 8, 2023
Children Under the Age of 16
Our Services are not intended for children under 16 years of age. No one under age 16 may provide any information to or on our Services. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on our Services or through any of its features, register on our Services, make any purchases through our Services, use any of the interactive or public comment features of our Services or provide any information about yourself to us, including your name, address, telephone number, email address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at our contact information specified below.
We do not provide the Services outside the United States and Canada, and we do not market to consumers outside the United States as indicated by our use of the U.S. dollar as required currency and lack of shipping availability to consumers outside the United States. If you are a consumer outside the United States, you may purchase products from our affiliated companies that allow for purposes in your geographic location.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Services, including information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). We collect this information:
• directly from you when you provide it to us; and
• automatically as you navigate through our Services.
In particular, we have collected the following categories of personal information from our consumers within the last twelve (12) months:
• Identifiers, including your name, postal address, online identifier, and email address.
• Personal Information, including some categories listed in the California Customer Records Statute (Cal. Civ. Code §1798.80(e), including your name, address, telephone number and credit/debit card number.
• Commercial Information, including records of personal property, products and services purchased, obtained, or considered or other purchasing or consuming histories or tendencies.
• Internet or similar network activity, including browsing history, search history and information on a consumer’s interaction with our Site.
• Inferences drawn from other personal information, such as profile information reflecting a person’s preferences, characteristics, trends, behaviors, attitudes, and predispositions.
Starting with information you provide directly to us, this happens when you provide information when filling out forms and submitted them through our Services, when registering or otherwise signing up for a warranty for a purchase through the Services when ordering Services, when posting material, or ordering additional products or requesting additional services.
You may also provide us information in the following instances:
• If you contact us via email or phone, records and copies of your correspondence (including email addresses).
• Your responses to surveys we might ask you to complete for research purposes.
• Details of transactions you carry out through our Services and of the fulfillment of your orders.
Here are other circumstances when we might collect information directly from you:
If you register for an account, such as when you make a purchase through the Site, you will need to provide certain information, such as your first and last name, email address and password. You may also have the option to provide additional information for a user profile, such as your contact information. You may log into your account to access and edit certain information associated with your account.
You may terminate your account at any time. If you choose to terminate your account, any association between your account and information we store will no longer be accessible through your account. We may retain the information collected prior to termination for archival and/or legal purposes. Any information you shared in public areas of the Website will remain in those areas until it is deleted in accordance with our data retention policy.
If you make a purchase, you will need to provide certain financial information. To pay for your purchase through our website you will be directed to a third party site where you will provide our third party payment processing company, currently with PayPal (www.paypal.com) certain financial information, such as your debit or credit card number, type and expiration date, along with your name and address. The payment processor will use and share information with us, such as an order number, but no actual credit or debit card information.
If you make a purchase via telephone or email, you will need to provide certain financial information. We will take your financial information only for the purpose of transacting the sale, but we do not store any financial information beyond the transaction.
Shopping Cart Information
We may also collect the information in your shopping cart, such as the specific products that you wish to order and the shipping information for those products, including the recipient’s first name, last name, mailing address, email address and telephone number.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of our Services or transmitted to other users of our Services or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we may limit access to certain components of our Services, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of our Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information Collected Automatically
When you access the Website through a web browser, we collect technical information that identifies your computer, software, browser settings and Internet Service Provider (“ISP”), such as your Internet Protocol (“IP”) address, a unique number that is automatically assigned to your computer when you access the web, the network MAC address, location data, usage details, your equipment, browsing ac• tions, and patterns, including information about your computer, mobile device and internet connection, including your IP address, operating system, and browser type, and/or other characteristics relating to your device, its software and the mode of communication with us as well as information regarding your visit to the Website, such as the date, time and duration of a visit, the specific webpages you visit, the links you click throughout the Website, and/or the external websites from which you arrived at the Website or to which you linked from the Site.
The information we collect automatically helps us to improve our Services and to deliver a better and more personalized service, including by enabling us to:
• estimate our audience size and usage patterns;
• store information about your preferences, allowing us to customize our Services according to your individual interests;
• speed up your searches; and
• recognize you when you return to our Services.
The Website utilizes browser-based, HTTP and/or HTTPS cookies, which are small text files placed on your computer's hard drive or mobile device’s onboard storage and subsequently read by the domain owner that placed them as you visit a website, as well as web beacons, also known as pixel tags, which are electronic images embedded into a webpage, and flash cookies as further defined below:
• Cookies (or browser or mobile cookies). A cookie is a small file placed on the hard drive of your computer or smartphone. It may be possible to refuse to accept browser cookies by activating the appropriate setting on your browser and mobile cookies by activating the appropriate setting on your smartphone. However, if you select these settings, you may be unable to access certain components of our Services.
• Flash Cookies. Certain features of our Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Services. Flash cookies are not managed by the same browser or smartphone settings as are used for browser and mobile cookies.
• Web Beacons. Components of our Services and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related statistics (for example, recording the popularity of certain Services and verifying system and server integrity).
Cookies are used for a number of purposes, such as authentication, providing security, maintaining your preferences, advertising, website improvement and analytics. We may also engage third party vendors to use these technologies on our behalf. We and/or our third-party vendors utilize session cookies, which expire typically at the end of your visit to our website, and persistent cookies, which are cookies that remain within your computer or mobile device over a period of time. In addition to our creating and placing cookies on your computer or mobile device, we have arrangements with third party vendors, which may also create and place cookies on your computer or mobile device as you visit the Website.
The first time you visit the Website, we assign you a unique ID, which is stored in the cookie file on your computer or mobile device. This ID is used to identify you as you navigate the Site, and when you return to the Website after having visited elsewhere through the Internet. We collect and retain information regarding your visits to and navigation through the Website, such as the webpages visited and the dates, times, and duration of your visits.
How We Use Your Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our products or Services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
• To present our Services and contents of our Site to you.
• To provide you with information about our products and Services or that you may otherwise request from us or inquire about.
• To provide, support, personalize, and develop our products and Services.
• To fulfil any other purpose for which you provided it.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To register a product you purchased for warranty.
• To communicate with you regarding a return, warranty claim, complaint, malfunction/replacement issues, additional product purchase, etc.
• To communicate with you regarding a discount.
• To provide you with notices about your purchases.
• To notify you about changes to our Services or any products or Services we offer or provide through our Services or that you purchased.
• To personalize your Services experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Services, third-party sites, and via email or text message (with your consent, where required by law).
• To help maintain the safety, security, and integrity of our products and Services databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our products and Services.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• To carry out our obligations and enforce our rights arising from any contracts entered between you and us, including for billing and collection.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all Bestway (USA) Inc.’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Bestway (USA) Inc. about our Services users is among the assets transferred.
Bestway (USA) Inc. will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you with notice.
We may also use your email address to deliver our newsletter to you or to otherwise provide you with information about our products and services. Finally, we may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
How Long We Retain Your Personal Information
We retain Personal Information for as long as we deem it as reasonably necessary in order to maintain and expand our relationship and provide you with our Services and offerings; in order to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes (i.e. as required by laws applicable to log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with our data retention policy and applicable laws.
To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and the applicable legal requirements.
Please note that except as required by applicable law or our specific agreements with you, we will not be obligated to retain your personal information for any particular period, and we are free to securely delete, anonymize or restrict access to it for any reason and at any time, with or without notice to you.
How We Share or Otherwise Disclose Your Personal Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may share your personal information as follows:
• Service Providers: We engage selected third-party companies and individuals to perform services on our behalf or complementary to our own. Such service providers include hosting and server co-location services, communications and content delivery networks (CDNs), data security services, billing and payment processing services, fraud detection and prevention services, web and product analytics, e-mail distribution and monitoring services, session or activity recording services, remote access services, content transcription and analysis services, performance measurement, data optimization and marketing services, social and advertising networks, content and data enrichment providers, event production and hosting services, e-mail, voicemails, support, enablement and customer relation management systems, and our legal, financial, privacy and compliance advisors (collectively, “service providers“). Our service providers may have access to personal information, depending on each of their specific roles and purposes in facilitating and enhancing our Services, and may only use the data as determined in our agreements with them.
• Partnerships: We engage selected business and channel partners, resellers, distributors, and providers of professional services related to our Services, which allow us to explore and pursue growth opportunities by facilitating a stronger local presence and tailored experiences for our customers, users, and prospects. In such instances, we may share relevant contact, business, and usage details with the respective partner, to allow them to engage with those entities and individuals for such purposes. If you directly engage with any of our partners, please note that any aspect of that engagement that is not directly related to the Services and directed by Bestway (USA), Inc. is beyond the scope of Bestway (USA), Inc.’s Terms of Service and this Privacy Notice and may therefore be covered by the partner’s own terms and policies. Please review the privacy notices and terms of services of those businesses for more information about what each of those businesses does with your personal information.
• Service Integrations: Using our Services to their fullest extent requires connecting or integrating with third-party services, for example, Google Ads, financial CRMs, and more to share or receive data, which may include personal information, to the platform, or to enrich the data you have processed on the platform. The provider of this connected or integrated third-party service may receive certain relevant data about or from your account on the Services or share certain relevant data from your account on the third-party provider’s service with our Services, depending on the nature and purpose of such integration. Note that we do not receive or store your passwords for any of these third-party services (but do typically require your API key to integrate with them).
• Legal Compliance: We may disclose or allow government and law enforcement officials access to your personal information, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations. Such disclosure or access may occur if we believe in good faith that: (a) we are legally compelled to do so; (b) disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; (c) such disclosure is required to protect our legitimate business interests, including the security or integrity of our products and services. Please see our Principles for Responding to Government Access Requests for further details; and/or (d) during litigation, in response to a subpoena, or similar court order.
• Protecting Rights and Safety: We may share personal information with others if we believe in good faith that this will help protect the rights, property, or personal safety of Bestway and our employees, any of our prospects, users or customers, or any members of the general public.
For the avoidance of doubt, we may share personal information in additional manners, pursuant to your explicit consent, or if we are legally obligated to do so, or if we have successfully rendered such data non-personal, non-identifiable and anonymous. We may transfer, share, or otherwise use non-personal and non-identifiable data at our sole discretion and without the need for further approval.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. So, we may offer certain mechanisms to provide you with control over your information, including the following:
• Location Information. You may be able to choose whether or not to allow the Services to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some components of the Services may then be inaccessible or not function properly.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
Do Not Track
Whilst we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application, you can manage your cookies preferences, including whether or not to accept them and how to remove them, through your browser settings. Please bear in mind that disabling cookies may complicate or even prevent you from using the Services.
We engage in service and promotional communications through email. We may contact you with important information regarding our Services. For example, we may send you notifications (through any of the means available to us) of changes or updates to our Services, billing issues, log-in attempts or password reset notices, etc. Please note that you will not be able to opt out of receiving certain service communications which are integral to your use of some of our Services (like password resets or billing notices).
Data Storage and Transfer
We and our authorized service providers (further detailed below) maintain, store and process personal information in the United States of America as reasonably necessary for the proper performance and delivery of our Services, for our internal business purposes in the locations where we do business or as may be required by law.
We have implemented industry-standard physical, procedural, and technical security measures, designed to secure your personal information, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. However, we cannot guarantee that our Services will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse. As such, your use of the Services is at your own risk and, when you register an account with us, we encourage you to choose passwords of sufficient length and complexity and not used to access any other site or services, install the latest security updates and anti-virus software on your computer/device to help prevent malware and viruses, not share your password with others, and review your account information periodically.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain components of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we try to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Services.
Data Subject Rights
Individuals have rights concerning their personal information as detailed below and, with respect to all requests, we may need to ask you to provide us with certain credentials to make sure that you are who you claim you are, to avoid disclosure to you of personal information related to others and to ask you to provide further information to better understand the nature and scope of data that you request to exercise your rights. Such additional data may be then retained by us for legal, compliance and auditing purposes (e.g., as proof of the identity of the person submitting the request or proof of request fulfillment).
We may redact from the data that we will make available to the requesting data subject any personal information related to others.
Please contact us by e-mail at: email@example.com if you wish to exercise your privacy rights under any applicable law, the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), the Virginia Consumer Data Protection Act (VCDPA) and others such as – to the extent applicable – the right to know/request access to (specific pieces of personal information collected; categories of personal information collected; categories of sources from whom the personal information was collected; purpose of collecting personal information; categories of third parties with whom we have shared personal information), to request rectification or erasure of your personal information held with Bestway, or to restrict or object to such personal information’s processing (including the right to direct us not to sell your personal information to third parties now or in the future), or to port such personal information, or the right to equal services and prices (e.g. freedom from discrimination) (each to the extent available to you under the laws which apply to you).
These rights are also subject to various exclusions and exceptions under applicable laws. We will not charge a fee to process or respond to your verifiable privacy 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. Alternatively, we may refuse to comply with your request in such circumstances.
We will not fulfill your request unless you have provided sufficient information that enables us to reasonably verify that you are the individual about whom we collected the personal information.
Please also note that if you request deletion of your personal information, we may deny your request or may retain certain elements of your personal information if it is necessary for us or our service providers. We will provide details of our reasoning to you in our correspondence on the matter.
Shine the Light Law
Under California Civil Code Sections 1798.83-1798.84, we may now or in the future elect to share information about you with third parties for those third parties’ direct marketing purposes. Specifically, California Civil Code § 1798.83 permits California residents who have supplied personal information (as defined in the law) to us to, under certain circumstances, request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. If this law applies to you, you may obtain the categories of personal information shared by us and the names and addresses of all third parties that received Personal information for their direct marketing purposes from us during the immediately prior calendar year (e.g., requests made in 2022 will receive information about 2021 sharing activities). To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. To make such a request (limit one request per year), please complete and submit a request via email to firstname.lastname@example.org.
US Privacy Notices
You may also designate an authorized agent, in writing or through a power of attorney, to request to exercise your privacy rights on your behalf. The authorized agent may submit a request to exercise these rights by emailing us.
We currently do not collect household data. If we receive a Right to Know or Right to Delete request submitted by all members of a household, we will individually respond to each request. We will not be able to comply with any request by a member of a household under the age of 13 as we do not collect personal information from any person under the age of 13.
If you are a Colorado resident, you have the right to access, delete, correct, transfer, and opt-out of the sale of your personal information for the purposes of targeted advertising, sale to a third party for monetary gain, and/or for profiling in furtherance of decisions that produce legal or similarly significant effects concerning you or any other consumer.
You may authorize another person acting on your behalf to opt out of the process of your personal information for any of the reasons set forth above. Please refer to the Colorado Attorney General's website for more information.
Nevada law permits Nevada consumers to request their personal informant not be sold (as defined under applicable Nevada law), even if their personally identifying information is not currently being sold.
You may also designate an authorized agent, in writing or through a power of attorney, to request to exercise your privacy rights on your behalf. The authorized agent may submit a request to exercise these rights by emailing us.
We do not disclose a user’s personal information to any third party for such third-party’s direct marketing purposes.
Exercising Data Subject Rights
If you have any questions or would like to exercise your rights under the CCPA/CPRA, Nevada S.B.220, or VCDPA, you can contact email@example.com or via mail as follows: Bestway (USA), Inc., 3435 S McQueen Road, Chandler, AZ 85286, or via telephone, 855-401-2000
Any request you submit to us to know, to delete or to correct is subject to an identification and residency verification process as permitted by applicable law. We will not fulfill your request unless you have provided sufficient information that enables us to reasonably verify that you are the consumer about whom we collected the personal information.
We will respond to your request within 45 days after receipt of a Verifiable Consumer Request, or sooner if required by law, and for no more than twice in a twelve-month period. We reserve the right to extend the response time by an additional 45 days when reasonably necessary and provided consumer notification of the extension is made within the first 45 days.
If you have an account with us, we may deliver our written response to that account or via email at our sole discretion. 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 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 usable and should allow you to transmit the information from one entity to another entity without hindrance.
We will not process personal information in violation of state or federal laws that prohibit unlawful discrimination against consumers.
You may submit data subjects requests to know two times within any 12-month period. We can deny more frequent requests. There are no limits on the number of deletion or correction requests you can make. However, we may deny or charge a fee for manifestly unfounded or excessive deletion requests in line with our administrative costs for the deletion requests.
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.
Note that we will NOT discriminate against you for exercising your data subject rights, meaning that, in the event you submit a data subject request of any kind, we will not deny you products or Services, charge you different prices or rates for products or Services, including through granting discounts or other benefits or imposing penalties, provide you a different level of service or quality of product, or suggest that you may receive a different price or rate for a product or services or a different level or quality of product or service.
If you are a Virginia or Colorado consumer, exercise any data subject right, and are not satisfied with our response, you may appeal the decision within 45 days of receiving our response by emailing us at firstname.lastname@example.org, subject “Consumer Privacy Act Appeal” and with information regarding the basis for infoabout the result of your appeal.