Last Updated / Effective Date: May 18, 2020

Sub-Zero Group, Inc. (collectively, "Sub-Zero", "us" or "we") is committed to protecting the privacy of our customers. This Smart Appliance Privacy Policy ("SA Privacy Policy") applies if you use our Smart Appliance Services (the "Services") and our My Sub Zero Smart Appliance Application (the "App") to utilize the interactive functions of your Sub Zero Smart Appliance. If you are using our website, the Sub-Zero Privacy Policy applies instead of this SA Privacy Policy, which is located at https://www.subzero-wolf.com/company/general-privacy-policy.

By clicking to accept the terms of this SA Privacy Policy or by using the Services or App, you understand that we will collect, use and share Personal Information and Connected Data as described in this SA Privacy Policy. If you do not agree to any terms in this SA Privacy Policy, do not use the Services or the App.

IF YOU ARE A CALIFORNIA RESIDENT, PLEASE SEE SECTION 19 BELOW FOR ADDITIONAL TERMS THAT MAY APPLY TO YOU.

IF YOU ARE A CANADIAN RESIDENT, PLEASE SEE SECTION 20 BELOW FOR ADDITIONAL TERMS THAT MAY APPLY TO YOU.
Sub-Zero currently only offers the Services and App in North America. If you access the Services or App from outside of North America, please be aware that Personal Information and Connected Data may be transferred to, stored in, and processed in the United States. Certain governmental authorities may not consider the level of protection of Personal Information in the United States to be equivalent to that required by other jurisdictions.

If you use the Services or the App, you must comply with our Term of Use.

1. TYPES OF INFORMATION WE COLLECT

We collect two types of information when you use your Smart Appliance in conjunction with the Services and the App: PERSONAL INFORMATION AND CONNECTED DATA.

2. WHAT IS PERSONAL INFORMATION?

"Personal Information" is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Please see the chart below for more details about the categories of Personal Information we collect. This SA Privacy Policy does not apply to any information that is publicly available.

3. PERSONAL INFORMATION WE COLLECT.

We collect the following categories of Personal Information:

4. HOW WE USE YOUR PERSONAL INFORMATION.

As further detailed in the table above, we use the Personal Information listed above in conjunction with your Smart Appliances, in the following ways:

• Creation and Support for Your Customer Accounts. To create, manage and assist you with your accounts and use of our Services or App.
• Customer Care and Support. To provide you with customer care and support in connection with the purchase, delivery, installation, maintenance, service or repair of your Smart Appliance; for warranty registration; and to improve customer satisfaction.
• Communications. To communicate with you about the features of your Smart Appliance and the App; to advise you of changes to this SA Privacy Policy; in response to your requests; and to provide e newsletters and other electronic correspondence from time to time, notifying you of new products and promotions, with the option to unsubscribe if you no longer wish to receive such e newsletters and other electronic correspondence. We may contact you if we receive a service notification for your registered Smart Appliance, or to issue other notices concerning the safety of your Smart Appliance.
• Promotions. For promotions, marketing, sweepstakes and contests.
• Product Improvement. To improve our Smart Appliances, the Services and the App.
• Site Management. For troubleshooting problems, improving the content and functionality of the Services and the App, to perform statistical and other analyses of the Services and the App, and to customize the Services and the App to you and our users.
• Business and Legal Purposes. To protect our legal rights or interests, or those of third parties; for our internal business purposes, as required by law, in response to a law enforcement request or in response to violations of our Terms of Use and this SA Privacy Policy.

5. CONNECTED DATA THAT WE COLLECT.

Your Smart Appliance is equipped with electronic sensors that permit a two way exchange of data between the Smart Appliance and our computer system. This collection occurs automatically via our computer system, on a continuing basis. We collect and store the electronic data we receive from your Smart Appliance or from the electronic devices (such as cell phones, computers and tablets) you use to access the Services or the App ("Connected Data"). Some Connected Data may be considered "Personal Information" if it qualifies as such under applicable laws.

The Connected Data helps us identify and prevent or quickly fix problems with the Smart Appliance. This also allows us to update security measures for your Smart Appliance. The Connected Data permits you to monitor and direct your Smart Appliance from a remote location, such as turning on your appliance or changing the temperature. We may collect the following Connected Data:

• Appliance Information. Serial number, model, parts numbers, MAC address or Wi Fi connection of your Smart Appliance; limited information regarding the location of your appliance using your IP address (but not specific geolocation data); information regarding the environmental surroundings of your Smart Appliance (i.e., temperature and humidity); and information about the status and usage of your Smart Appliance; as well as service and diagnostic information for your Smart Appliance, including, but not limited to, temperature settings, power usage, cooking modes (i.e., broil, bake), door open/close information, and refrigerator temperature set point.
• Device Information. Information about your operating system, mobile device type and the software and App version.
• Third-Party Device Information. Information or data that may be automatically collected, transmitted, or received if you decide to connect your Smart Appliance to a third-party device or product to utilize the functionality of your Smart Appliance ("Third-Party Device"). Examples of such Third-Party Devices include without limitation any type of smart home hub device, specifically an Alexa-enabled device (e.g., Amazon Echo), Google Home device, or a Nest security system.
• App Information. Search requests you make using the App; pages viewed using the App; time and duration of visits to the App; performance and telemetry statistics; unique marketing IDs; and information from your use of the App, such as error or crash reports.
• Interconnectivity. Technical information such as functionality, need for maintenance and interactions between the App and the Smart Appliance.

6. HOW WE USE CONNECTED DATA

We use the Connected Data for the following purposes:

• Customer Account Support. To assist you with resetting passwords and other needs for you to use the Services and the App.
• Customer Care and Support. To install, service, maintain or assist in the repair of your Smart Appliance; to diagnose problems with the Smart Appliance, the Services or the App; for warranty purposes; to assist in identifying the need for parts and the delivery of those parts; and to improve your customer care experience.
• Software Updates and Messaging. To provide software updates, text messages, push notifications, email alerts, including notifications of faults, product alerts, end of cycle signals and other similar product notifications.
• Product Improvement. To improve our products and services by using data modeling and analytics to improve the efficiency of our appliances and services, and for research and development to design new products and improve our existing products.
• For Internal Business Purposes. We will use Connected Data for internal business purposes, such as for market research, data analysis, statistical purposes, sales and marketing, and engineering.
• For Compliance with Law. When we are required by law, or in response to a law enforcement request to disclose Connected Information, or in response to a violation of our Terms of Use or this SA Privacy Policy.

7. CATEGORIES OF THIRD PARTIES AND SERVICE PROVIDERS WITH WHOM WE SHARE YOUR PERSONAL INFORMATION OR YOUR CONNECTED DATA.

As further detailed in the chart above, we will only share your Personal Information and Connected Data with the following categories of third parties and/or service providers. We prohibit service providers from using your Personal Information or Connected Data except as required to perform the requested services or as required by applicable law.

• Affiliates, Dealers and Distributors. We may share your Personal Information or Connected Data with our employees, affiliates, subsidiaries, dealers and distributors who have a need to know the information for our business purposes.
• Service Providers. We may share Personal Information or Connected Data with carefully selected companies we hire to assist us with:
  1. Installation, delivery, customer care, warranty services, service calls, maintenance, repair, parts or product recalls.
  2. Responding to your questions or comments on our behalf.
  3. Promotions, sweepstakes or contests.
  4. Collecting, processing, analyzing or storing Personal Information and Connected Data in order to improve our products and services and to help us understand customer needs and uses for our Smart Appliances and the App.
  5. Hosting, managing and improving the App and Services.
  6. Troubleshooting problems with the Services and App, and helping with security for the Services and App.
  7. To provide email services on our behalf.
  8. To perform targeted advertising and marketing on our behalf.
  9. Software development.
  10. Data modeling for marketing analysis.
  11. Professional advisors that assist us with our internal business needs on a need-to-know basis, such as for providing us consulting, financial, legal or regulatory advice.
• At Your Direction. When you permit us to share your Personal Information and Connected Data with third parties, including with Third-Party Device providers. Please note, if you request that we share your Personal Information or Connected Data with another company, the Personal Information or Connected Data becomes subject to the other company’s privacy policies, not this SA Privacy Policy.
• Compliance with Laws and Protection of Legal Rights. We may share your Personal Information or Connected Data when we are required by law or court order to do so, or if we believe in good faith that the law requires it; if we deem it necessary to comply with laws or to enforce compliance with our Terms of Use, or to protect our Services, customers, or others; and when disclosure is necessary to identify, contact, or bring a legal action against someone who may cause or be causing harm to you or us, or interfering with your appliances, our information technology systems and equipment, your privacy or your property.
• Business Transactions. If we enter into a business transaction to sell all or a portion of our business to a third party; assign our rights and obligations regarding any of your Personal Information or the Connected Data at the time of a merger, acquisition or sale of all or substantially all of our assets or stocks (including any related due diligence); or in an insolvency, receivership or bankruptcy proceeding.

8. COMBINATION OF PERSONAL INFORMATION AND CONNECTED DATA.

We will store the Personal Information and the Connected Data we collect in separate databases. We will only combine Personal Information with Connected Data as needed for troubleshooting and error correction purposes. We limit the number of employees who are authorized to utilize Personal Information in combination with Connected Data.

9. USE AND DISCLOSURE OF DE-IDENTIFIED OR AGGREGATED INFORMATION.

Sub-Zero may collect, use, share, transfer and otherwise process de-identified and aggregated information that it receives or creates for any purposes in its sole discretion, in compliance with applicable laws. Sub-Zero is the sole and exclusive owner of such de-identified and aggregated information, including if Sub-Zero de-identifies Personal Information and/or Connected Data, so that it no longer considered "Personal Information" under applicable laws.

10. MARKETING COMMUNICATIONS.

We may use your email and mailing address to send you promotional and other electronic and hardcopy communications. We may use third-parties or service providers to deliver these communications to you. You may opt-out of such emails by using the unsubscribe link in the email or contacting us at [email protected] with "nsubscribe" in the subject line. To opt-out of other communications (e.g., postal marketing and telemarketing), please contact us as set forth in the "Contact Us" section below. Opting out of marketing communications does not opt you out of other, non-marketing communications from us.

11. FEEDBACK.

When you provide comments or feedback about the Services, the content on the App, or our Smart Appliance products ("Feedback"), we will not treat that Feedback as confidential and we may use that Feedback for any purpose in our sole discretion so long as it does not personally identify you. Feedback will be used without attribution or compensation to you.

12. PROTECTION OF CHILDREN’S PERSONAL INFORMATION.

We do not publish content that is targeted to children. We do not intend for children under the age of 16 to use the Services or the App. We do not knowingly collect, maintain, or disclose a child's Personal Information. If you are under 16, you should not send any Personal Information about yourself to us.

If you are a parent or guardian who has discovered that your child under the age of 16 has submitted his or her Personal Information without your permission or consent, we will make reasonable efforts to remove the information from our database, at your written request. To request the removal of your child's information, please send an email to [email protected] and be sure to include the same information that your child submitted. For clarity, we do not sell the Personal Information of anyone under the age of 16 years old without affirmative authorization.

13. SECURITY

We use commercially reasonable technical and organizational measures to help secure Personal Information and Connected Data against loss, misuse, and alteration appropriate to the type of information processed. If a breach of your Personal Information occurs, we will notify you of the breach if required under applicable law.

NO DATA TRANSMISSION OVER THE INTERNET CAN BE GUARANTEED TO BE 100% SECURE. WHILE WE STRIVE TO PROTECT YOUR PERSONAL INFORMATION AND CONNECTED DATA, WE CANNOT GUARANTEE THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US, AND YOU PROVIDE INFORMATION TO US AT YOUR OWN RISK.

14. SECURITY GUIDANCE.

We recommend that you take the following steps to protect your Personal Information when you use the Services or the App:

• Secure Your Home Wi-Fi Network. Choose a unique SSID/Network Name for your home Wi-Fi network, change the default password to your own unique password, and use a strong method of encryption, such as WPA2. Please reference your network equipment documentation or contact your internet service provider for instructions and guidance specific to your equipment and services.
• Password. Choose a strong password for any account associated with the Services or the App and change the password on a regular basis.
• Security. Secure your electronic devices, such as smart phones and tablets. Use a screen lock password on your device, keep your device updated, and if your device is lost or stolen, please contact your device’s service provider. If you have an App installed on your lost or stolen electronic device, please contact us at (800) 222-7820 to let us know and we can suspend access to the Service.

15. LINKS TO OTHER WEBSITES.

We are not responsible for any content offered on any third-party websites or applications. Links to third-party websites or applications are provided for your convenience only. This SA Privacy Policy will not apply to any Personal Information that you provide to, or that is collected by, any third-party website operator or third-party product or service provider. Other third-party services or applications, like your wireless data plan or phone provider, have their own privacy statements. Those third-party privacy policies have separate terms and should be read separately from this SA Privacy Policy.

16. SOCIAL MEDIA SITES.

The Services and the App may include social media features such as Facebook or Twitter. These social media sites may automatically record information about your browsing behavior every time you visit a site that has a social media button, regardless of whether you click on the button. Your use of these features is governed by the company’s privacy policy providing the social media feature, not by this SA Privacy Policy. You should review your privacy settings on the social media sites that you use.

17. CHANGES TO SA PRIVACY POLICY.

WE MAY, AT ANY TIME, REVISE THIS SA PRIVACY POLICY BY UPDATING THIS POSTING. IF WE MAKE A MATERIAL CHANGE TO THIS SA PRIVACY POLICY, WE WILL PROMINENTLY POST THE CHANGES ON OUR SITE. ALL CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING.

YOUR CONTINUED USE OF THE SERVICES OR THE APP INDICATES YOUR ACCEPTANCE OF ALL UPDATES.

18. TRANSFER OF INFORMATION.

We operate globally and may transfer your Personal Information to third parties in other locations for the provision of services, as described in this SA Privacy Policy. If we transfer, store or process your Personal Information, we will take reasonable steps to safeguard the privacy of your Personal Information.

19. TERMS APPLICABLE TO CALIFORNIA RESIDENTS.

This Section 19 provides additional terms that apply to residents of California. In the event of a conflict between this Section 19 and the remainder of this SA Privacy Policy, this Section shall take precedence for California residents. Capitalized terms in this Section 19 that are not defined elsewhere in this SA Privacy Policy have the definitions set forth in the CCPA.

California Shine The Light. Under California Civil Code Section 1798.83, California residents have the right to obtain (a) a list of all third parties to whom Sub-Zero may have disclosed your Personal Information within the past year for direct marketing purposes; and (b) a description of the categories of Personal Information disclosed. Please contact us as set forth at the end of this SA Privacy Policy to receive this information.

California's "Do Not Track" Requirement. We do not react to "Do Not Track" or "DNT" browser signals at this time.

The Collection, Source, Purpose and Sharing of Your Personal Information.

• To learn the categories of Personal Information we collect, see Section 3.
• To learn the categories of sources from which your Personal Information is collected, see Section 3.
• To learn the purposes for collecting your Personal Information and Connected Data, see Sections 4 and 6.
• To learn the categories of third parties and service providers with whom we share your Personal Information, see Section 7.

We Do Not Sell Personal Information. In the last 12 months we have not Sold your Personal Information to a third party, and we currently do not Sell Personal Information to third parties. You have the right to opt-out of the Sale of your Personal Information by businesses subject to the CCPA. "Sale" / "Sold" / "Sell" has the definition set forth in the CCPA.

Categories Of Personal Information Disclosed For A Business Purpose.

In the last 12 months we disclosed the following categories of Personal Information for our business purposes, or one of our service provider’s business purposes. See the section above titled "Personal Information and Connected Data We Collect" for more details.

• Identifiers
• Commercial Information
• Geolocation Data

Your Rights to Access and Deletion. The California Consumer Privacy Act of 2018 ("CCPA") provides additional rights to California residents. Subject to exceptions permitted by applicable laws and verification of your identity, if you live in California, you may exercise the following rights with regard to your Personal Information.

Right to Access. You have a right to access any of the following that occurred in the prior 12-month period:

• The categories of Personal Information we collected from you;
• The categories of sources from which the Personal Information was collected;
• The specific pieces of Personal Information that we have collected from you (i.e. "data portability");
• The categories of third parties with whom we shared your Personal Information;
• The categories of Personal Information that we Sold or disclosed for a Business Purpose; and
• The Business or Commercial Purpose for collecting or Selling your Personal Information.

Right to Deletion. You have a right to request that we delete Personal Information we collected from you. We will comply with such request, and direct our service providers to do the same, subject to certain exceptions permitted by applicable law.

How to Exercise Your Rights of Access and Deletion.

How to Exercise Your Rights. To exercise your rights under the CCPA, you may contact us at any of the following:

+1-800-222-7820
https://www.subzero-wolf.com/assistance
[email protected]

Who May Exercise Your Rights. If you are a California resident, only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a request related to your Personal Information. See the section titled "Using an Authorized Agent" for more information. A parent or legal guardian may make a request on behalf of their child.

Verifiable Consumer Request. In order to verify your request, you must provide sufficient information to allow us to reasonably verify you are the person about whom we collected Personal Information, and you must describe your request with sufficient detail to allow us to properly understand, evaluate, and respond to your request.

When we receive your request to exercise your rights under the CCPA: (a) we will acknowledge receipt of your request; (b) we will try to match the information you provide in making the request with information we already maintain about you; (c) if required to verify your identity, we may ask you to provide additional information, including Personal Information; and (d) we will consider various factors when determining how to verify your identity, such as the sensitivity and value of the data, the risk of harm, the likelihood of fraud, etc.

We will only use Personal Information we collect during the verification process for the purpose of verifying your identity. If you maintain an account with us, we may use that account to respond to your request and/or verify your identity. If we are unable to verify your identity as required by applicable laws and regulations, we will decline to comply with your request, and let you know why.

When We Will Respond. We will try to respond to your request within 45 days. If we require additional time, we will inform you of the reason and extension period. Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. For data portability requests, we will select a format to provide your Personal Information to you. We may charge a fee to process or respond to your request if it is excessive, repetitive, or manifestly unfounded.

Using an Authorized Agent. You have a right to submit requests to exercise your rights under the CCPA through an authorized agent. An authorized agent must be registered with the Secretary of State in California to conduct business in California. If you choose to use an authorized agent, you must (a) provide signed, written permission to that authorized agent to submit requests on your behalf, (b) verify your identity directly with Sub-Zero, and (c) directly confirm with Sub-Zero that you granted permission to the authorized agent to submit the request on your behalf. For clarity, you are required to verify the identity of both yourself and the authorized agent.

We may deny a request from an authorized agent if we do not have proof that they are authorized by you to act on your behalf.

Non-Discrimination. You have a right to not receive discriminatory treatment for exercising any of your rights under the CCPA. If we choose to offer a financial incentives program in the future, additional terms will apply which may be an exception to this Section.

20. TERMS APPLICABLE TO CANADIAN RESIDENTS.

This Section 20 provides additional terms that apply to residents of Canada. In the event of a conflict between this Section 20 and the remainder of this SA Privacy Policy, this Section shall take precedence for Canadian residents.

Right of Access. Under Canadian privacy laws you have the right:

• To be informed of the existence, use and disclosures of your Personal Information;
• To receive an account of the uses that have been made of your Personal Information by us and any third parties to whom it has been disclosed;
• To be given access to your Personal Information; and
• To challenge the accuracy and completeness of the Personal Information and have it amended as appropriate.

We may require that you provide information verifying your identity before we provide this requested information to you. To obtain such information, please email your request to [email protected].

Legal Disclosures and Lawful Requests. We and our Canadian, U.S. and other foreign service providers and affiliates may disclose your Personal Information in response to a search warrant or other legally valid inquiry or order, or to another organization for the purposes of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud, or as otherwise may be required or permitted by applicable Canadian, U.S. or other law or legal process, which may include lawful access by U.S. or foreign courts, law enforcement or other government authorities. Your Personal Information may also be disclosed where necessary for the establishment, exercise or defense of legal claims and to investigate or prevent actual or suspected loss or harm to persons or property.

21. CONTACT US.

If you have any questions or comments about this SA Privacy Policy, please contact us at:

Sub Zero Group, Inc.
Attn: General Counsel
4717 Hammersley Rd
Madison, WI 53711
+1-800-222-7820
https://www.subzero-wolf.com/assistance
[email protected]