Corporate

Privacy Policy and Legal Statements

Contents:


1. Our Statement

Kohler has created this privacy statement in order to demonstrate our firm commitment to your privacy. The following discloses our information gathering and dissemination practices for Kohler’s family of websites (“Websites”). Please note that when you access any external links from Kohler’s Websites (including any Kohler subsidiary Websites), they may have different privacy policies specific to those Websites. We encourage you to read all applicable privacy policies.

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2. Personal Information Collection

Kohler may collect personal information such as name, telephone number, email address, date of birth, home or business and mailing address when you access certain areas of the Kohler Websites that provide for the purchase of products, require registration for certain services, or if you require more information about those products/services (“Personal Information”). If you decide to make reservations or purchase our products/services, we may need to collect certain additional information, like your credit or debit card number and expiration date. Kohler will provide you with the choice and means for limiting the use and disclosure of your Personal Information before Kohler uses or discloses the Personal Information for a purpose other than for which it was originally collected.

At other times, Kohler may collect information that cannot be used to identify you. For example, we may aggregate non-personal information about you and other customers who visit our Websites. Aggregated information will not contain any information that can be linked directly back to you.

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3. How Kohler Collects Personal Information

Kohler may use any number of tools to collect information about you, your computer access points, and the web browser that you use to connect to our Websites. For example, cookies are small text files that we place on your computers’ or devices’ hard drive or other storage device when you visit our Websites. We may use cookies to personalize your interactions with our Websites. You do not have to accept our cookies and you may set your browser to restrict their use and you may delete them after they have been placed on your hard drive or other storage device. If you do not accept or delete our cookies, some areas of our Websites may take more time to work, or may not function properly.

Under the laws of various European Union countries, including, without limitation, the United Kingdom, Ireland, Spain, France, Germany, Italy, Belgium, and the Netherlands, cookies may be served, as long as individuals have provided their consent, having been given clear and comprehensive information, in particular about the purposes for which their personal data will be processed. In at least the above-referenced countries, effective consent may be provided by using browser settings, as long as you take positive action. Before using Kohler’s Websites, you are advised to check your current browser settings to ensure that the settings reflect your consent for Kohler to place cookies on your devices. Kohler’s Cookie Disclosure may be found here. More information about your specific browser’s cookie options may be found at: http://www.allaboutcookies.org.

Kohler may also collect additional information from your web browser each time you visit our Websites. We may collect information about the pages that you visit and the time spent on each web page or area of the Websites, the promotions or advertisements that you click on, and other actions that you take while using our Websites. This information may include your internet protocol (“IP”) address, the type of browser, the time that your browser was used to access our Websites, and the address of any website that you may have used to link to this Website.

Our Internet Service Providers (defined below) may also use other standard web-based technologies to analyze your movements while accessing our Websites. The technologies include web “beacons,” “pixel tags,” and “clear gifs.” These technologies help us ascertain the effectiveness of our product and service campaigns and marketing programs, allow us to customize the services offered on or through our Websites, and help determine the best use for the Websites content, and product and service offerings. Some of this information, including the IP address, may be stored on our Internet Service Provider’s server logs, and may be available for extended periods of time.

While Kohler takes all reasonable steps to protect the privacy of its Website visitors, Kohler cannot promise that its current online applications programming will address every browser setting or honor every personal browser preference. In particular, Kohler has not implemented the necessary program changes to honor “Do Not Track” or “DNT” browser signals. As Kohler’s online applications programming is refined, Kohler will take all reasonable steps to honor such requests in the future. Please return to this privacy policy for further updates on this topic.

Further, Kohler’s Internet Service Providers or Authorized Third Parties (defined below) may implement technologies that allow for the collection of Personal Information over time and across websites. Kohler recommends that you review each privacy policy posted on the websites that you visit to better understand privacy practices on those websites.

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4. Choice

Kohler will offer you the opportunity to choose (opt in/opt out) whether your Personal Information is: (a) to be disclosed to a third party; or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by you.

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5. Our Use and Disclosure of Your Personal and Non-Personal Information

At times, Kohler may use the services of independent companies to provide certain services to you, including, without limitation, website hosting services, credit card processing, order processing and shipping services, and guest surveys (“Internet Service Providers” or “Authorized Third Parties”). Kohler may share your Personal Information with the Internet Service Providers as appropriate. Kohler will not share Personal Information with outside third parties without your consent, except to the extent necessary to complete your request for products and services offered through the Kohler Websites.

Kohler may use your Personal Information to contact you via mail, e-mail (provided that you opted-in to receive e-mails from Kohler), or telephone in order to give you updates about Kohler’s special events, new services, current information regarding our products, or other promotions that may be of interest to you. If you are a business or organization that has scheduled a conference, event, or meeting at one of our facilities, Kohler may also share your Personal Information with our event organizers. Kohler may also use return e-mail addresses to answer the e-mail we receive from you. Your e-mail address will not be used for any other purpose or shared with outside third parties for their direct marketing purposes. Kohler may also use your IP address to help protect Kohler and our Internet Service Providers from fraud.

Additional uses of your non-personal and Personal Information will allow Kohler to tailor products and services specific to your needs, to help organize and manage our relationship with you or your business, to conduct business, to provide you with customer and guest support, to perform functions that are described to you at the time of collection, and to enforce our Website’s Terms of Use.

We may also use non-personal aggregate information to improve our Websites. For example, our Internet Service Providers may report to us that there were a particular number of visitors to a certain area of our Websites, or that a certain number of businesses or a certain number of individuals completed our registration forms in particular areas of our Website. Such information may also be used to analyze the effectiveness of our business and advertising models.

If you submit a resume or seek to fulfill other staffing requirements, we will use that information solely in connection with your application for current or future staffing requirements, and we may also share your resume or application information with our business partners or affiliates that have staffing requirements for which you may be qualified.

Kohler may also disclose your Personal Information as is necessary to: (a) comply with a subpoena or court order; (b) cooperate with law enforcement or other government agencies; (c) establish or exercise our legal rights; (d) protect the property or safety of our companies and employees, contractors, vendors, suppliers, and customers; (e) defend against legal claims; (f) help with internal and external investigations; or (g) as otherwise required by law or permitted by law. Kohler may disclose your Personal Information in connection with the sale or merger of one of our companies or any transaction that involves the sale or assignment of some or all of our assets.

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6. Data Storage and Security

Kohler makes reasonable efforts to ensure that our Internet Service Providers have implemented physical, electronic, technical, organizational and procedural security measures to assist with safeguarding your Personal Information, and to help protect against unauthorized access and disclosure. Only our authorized personnel and our Internet Service Providers who perform legitimate business functions for Kohler are authorized to access your Personal Information. Notwithstanding our efforts, the Internet has inherent security risks. Kohler cannot promise, and you should not expect, that your Personal Information, personal searches, and other communications will always remain secure. You should take care with regard to how you handle and disclose your Personal Information or any username or password that you are required to use to access services on our Websites.

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7. Children and Data Collection

Kohler’s Websites are general audience websites. Kohler’s Website content is not directed toward children who are under the age of 13. We do not knowingly collect Personal Information from children. If Kohler or its Internet Service Providers become aware that a child has provided us with Personal Information without parental consent, that information will be deleted from our databases. If you have questions about Personal Information that may have been submitted by a child, please email us at privacy@kohler.com.

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8. How You May Access and Change the Personal Information that Kohler Collects

The first time that you provide us with registration information through our Website, you may be offered the opportunity to subscribe to and receive additional information about our products and services. After your first use, you can change your initial choices by contacting customer service via e-mail at privacy@kohler.com. Each commercial e-mail that we send to you will offer you the opportunity to opt-out of continuing to receive such messages. We may take up to ten (10) business days to process your opt-out requests. In some instances, we may have already shared your information with one of our Authorized Third Parties before you changed your information preferences, and you may briefly continue to receive e-mail even after you have opted out. FTC e-mail compliance guidance allows us to send you transactional and relationship e-mail without offering you the opportunity to opt-out of receiving those types of e-mail.

For those Website users located in the European Union, we are required by law to advise you that your Personal Information may, at times, be accessible by individuals who are located worldwide including in countries that the European Commission has determined do not provide the same level of data protection as in your country. By providing us with your Personal Information, you are consenting to our use of it in accordance with Kohler’s privacy policy, including the transfer of your Personal Information across international boundaries to jurisdictions anywhere in the world as permitted by local law, including, without limitation the United States.

The United States may not have data privacy laws that afford an equal level of protection for your Personal Information as those laws legislated at the direction of the European Union, however, please be assured that Kohler will continue to adhere to the principles stated in this privacy policy and in applicable laws in connection with any Personal Information. Kohler will endeavor to preserve the integrity, confidentiality, and security of Personal Information and afford such Personal Information an adequate level of protection.

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9. Data Integrity

Kohler will only process Personal Information for purposes compatible with the purpose for which Personal Information was collected or authorized by you. For those purposes, Kohler will take reasonable steps to ensure that Personal Information remains reliable for its intended use.

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10. Enforcement

Kohler uses a self-assessment approach to assure compliance with this privacy policy and periodically verifies that the policy is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented and accessible, and in conformity with the European Union privacy principles. We encourage interested persons to raise any concerns using the contact information provided and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of Personal Information in accordance with the principles.

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11. General Information and Privacy Support Contact

Kohler may update this privacy policy from time to time, and you should take the time to review it each time that you visit one of our Websites. Kohler is committed to protecting your personal privacy. If you have any questions or comments about our efforts to protect your personal privacy, or if you require additional information about Kohler’s privacy commitment, please contact us at privacy@kohler.com.

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