Effective Date: July 10, 2018
Your privacy is important to us. To better protect your privacy, Herman's Performance ("us", "our" or "we")
the way in which your information is collected and used on this website (this "Website"). Please see our Terms and Conditions
for additional information applicable to your use of our Website. By accessing or using any areas of our
The Information We Collect
You do not have to give us personally identifiable information in order to access and browse our Website.
However, while on our Website, you may be able to order and buy products, enter promotions, sweepstakes or
other contests, participate in a survey, complete a questionnaire or other "information request" form, or otherwise
communicate with us, including via email and/or SMS/text messaging. In order to utilize, participate in or
otherwise access such products, services or other offerings, you may be required to provide us with your personally
identifiable information, which is information that, alone or in combination with other information, allows us to
identify you, such as your name, address, phone number, email address, contact preferences, credit card
information, financial information or information relating to a support or service issue. If you provide us with
your personally identifiable information, you are giving us permission to use that information for the
which are described in detail below under "How We Use the Information". Users unwilling to provide
personally identifiable information online can choose not to provide such information, and in some (but not all)
situations users may be able to work with a sales representative or customer service representative to utilize our
services or other site offerings without providing personally identifiable information.
In addition, if you do provide us with your personally identifiable information, you have the ability to prevent
us from sharing your information with third parties if you wish, as described below under
"Your Options Regarding Personally Identifiable Information".
We also may collect, store and use certain non-personally identifiable information we receive when you visit
our Website or otherwise communicate with us, including via email and/or SMS/text messaging, and we may
aggregate data and information provided by or collected from multiple users (which may include you) in a manner
that is not personally identifiable to any individual user. All non-personally identifiable information we collect and
right to use any such non-personally identifiable or aggregated information in any way (including, but not limited
to, monitoring user traffic patterns, analyzing and quantifying user preferences, improving the design and content
of our Website, and enabling us to personalize your user experience) or prohibits us from sharing non-personally
identifiable or aggregated information with third parties.
How We Use the Information
Information about our customers is an important part of our business, and we share personally identifiable
information collected on our Website with unaffiliated third parties only as described below. (Please see "Your
Options Regarding Personally Identifiable Information" below for information on how to avoid having your
personally identifiable information shared by us.)
Business Providers, Unaffiliated Businesses: At times, we may provide products, services or offerings on
our Website in cooperation with an unaffiliated third party. We may share personally identifiable information that
you provide in connection with any such products, services or offerings with the unaffiliated third party(ies)
involved in your particular product, service or offering. For instance, when you express interest in products,
services or other items that we offer (for example, by completing a request for or information regarding such
services), we will share your request with the businesses with which we partner to offer you those products,
services and other offerings (collectively, "Business Providers"). By electing to participate or otherwise
expressing interest in any such product, service or offering conducted in conjunction with any Business
Provider, you expressly authorize us to provide your personally identifiable information to those
Business Providers. Please be aware that the Business Providers with whom we share your personally
identifiable information may retain or use your information whether or not you use their services, and the privacy
Additionally, we may share personally identifiable information with unaffiliated third parties to whom you expressly
ask us to send your information. If you prefer not to be contacted by any such Business Provider or other third
party with whom we share your personally identifiable information, you may follow the "unsubscribe" instructions
provided in any email you receive from any such third party. In addition, you may opt-out of our sharing your
personally identifiable information with Business Providers and other third parties or request removal of data by emailing us at email@example.com.
Third Party Service Providers: We employ other companies and individuals to perform functions
on our behalf. Examples may include fulfilling orders, sending postal mail and email, analyzing data,
providing marketing assistance, providing search results and links (including paid listings and links),
processing credit card payments and providing customer service. In connection with their performance of
these functions on our behalf, we may share personally identifiable information with such companies and
individuals as needed for them to perform their functions.
In-House Promotions: We may on occasion combine information we receive online with outside
records to enhance our ability to market our products and services that may be of interest to
you. If you have signed up to receive our emails or SMS/text messages and prefer not to
receive marketing information from us, please follow the "unsubscribe" instructions provided on
any marketing email you receive from us or contact us at firstname.lastname@example.org.
Protection of Our Website and Others: We reserve the right to release personally identifiable
information to unaffiliated third parties when we believe its release is appropriate to comply with
the law, enforce or apply our Website Terms and Conditions and other agreements, or protect the
rights, property or safety of our company, our users or others. This includes exchanging
information with other unaffiliated third parties in connection with fraud protection and credit risk
With Your Consent: Other than as set out above, you will receive notice and have the opportunity
to withhold consent when personally identifiable information about you might be shared with
unaffiliated third parties.
Your Options Regarding Personally Identifiable Information
Except where we believe the release of your personally identifiable information is necessary or appropriate
(a) to allow third party service provider functions on our behalf or (b) to comply with law, enforce or apply our
Website Terms and Conditions and other agreements, or protect the rights, property or safety of our company, our
users or others, you may opt out of our sharing of your personally identifiable information with unaffiliated third
parties or request removal of data by emailing us at email@example.com.
Your California Privacy Rights
If you are a California resident, you may have the right to request and receive information about disclosure of your personally identifiable information to third parties
for their direct marketing purposes. Because it is our policy not to share your personally identifiable information with third parties for third-party direct marketing
purposes without your consent, we are exempt from the requirement to respond to such requests. If you have any questions about our compliance with this requirement,
please contact us at firstname.lastname@example.org.
Third Party Online Advertising
We use third-party advertising companies to provide advertisements to you when you visit our Website. These
companies may use information (not including your name, address, email address or telephone number) about
your visits to this and other websites in order to show you advertisements tailored to your interests on this and
other websites and other interactive media and/or to keep track of your response to each ad. For more information
on this practice, or to opt out of having this information used by these companies, please visit the Network
Advertising Initiative here.
"Cookies" are simple text files stored on your computer for use by a browser. Certain Website features may
only be available through the placement of a cookie. We may use "cookies" to assist in data collection and to track
among Internet Websites; most Internet browsers permit a user to accept, decline or delete cookies.
Collection of Information by Third-Party Sites and Ad Servers
Our Website may contain links to other websites whose information practices may be different than ours. Our
procedures of such third party websites, and when you visit such websites our Terms and Conditions and Privacy
Policy do not apply to personally identifiable information and other data collected by such third party. You should
consult, read and understand the privacy notices of such third parties before choosing to provide personally
identifiable information on any such linked websites.
Our Website may also use a third party ad server to present the advertisements that you may see on our
present such advertisements, and to help measure and research the advertisements' effectiveness. The use of
these technologies by these third party ad servers is subject to their own privacy policies and is not covered by our
Do Not Track Signals and Similar Mechanisms
Our Commitment to Security
We have in place what we believe to be reasonable physical, electronic and managerial procedures to
safeguard and help prevent unauthorized access of, maintain data security for and correctly use the personally
identifiable information you have provided or that we otherwise collect on our Website.
However, while such efforts are intended to ensure the confidentiality of your personally identifiable
information available to us as a result of your use of our website, we cannot and do
not warrant or guarantee the absolute safety and security of your personally
It is important for you to protect against unauthorized access to your password, your computer and your mobile device(s). Be sure to sign off when finished using a shared computer. Additionally, change your passwords often using a combination of letters and numbers, and make sure you use a secure Web browser.
How You Can Access or Correct Information
You may obtain information regarding the personally identifiable information that you provide or we collect
about you via our Website to view and correct any factual errors in such information. Access to personally
identifiable information that you provide or we collect via our Website may be accessible for a limited period of time
after the point of collection. For example, if you created a password-protected account within our Website, you may
return to that portion of the Website to review the personally identifiable information you provided. Alternatively,
you may request information about or corrections to your personally identifiable information by sending an email
or letter to the following street or email address: 2249 Route 22, Brewster,
NY 10509 or email@example.com.
Accessing our Website from Outside the United States
This Website is designed for, and intended to be used exclusively by, individuals who reside within the United States. If you are visiting our Website from a location outside the United States, such as the European Union, the information you provide to us will be stored on servers located in the United States and will be subject to the laws of the United States, and the laws of the United States may differ from the laws of the country in which you reside. We do not endeavor to comply with the privacy and security laws that may be applicable to the country in which you reside, such as the General Data Protection Regulation if you reside in a country located in the European Union. If you are a resident of a country in the European Union and choose to provide us with your personally identifiable information, such as, by submitting an inquiry, you understand that the information submitted will be governed only by the privacy and security laws of the United States.
Access to and use of this Website is subject to compliance with this Website's Terms and Conditions.
To unsubscribe from email communications from us, please follow the "unsubscribe" instructions provided on any marketing email you receive from us or contact us at firstname.lastname@example.org.
Special Note for Parents
This Website you are visiting is a general audience website and was not designed for children. We are not
responsible for any access or use of this Website by children. (By way of example, this Website is not intended to
sell products for purchase by children.) If you are under 18, you may use our Website only with the involvement of
a parent or guardian.
Access to and use of this Website is subject to compliance with this Website's Terms and Conditions.
jurisdiction and your respective venue of state and federal courts in the United States, for all disputes arising out
individually, without resort to any form of class action.
to be unenforceable, all other terms and conditions shall remain in full force and effect
that materially impact your rights or obligations, we will notify you by posting a notice on our Website. We encourage you to periodically check back and
If you have any questions, please contact us at email@example.com.