Privacy policy
Lutefish Privacy Policy
Last modified: January 23, 2024
Introduction
Wenger Corporation, d/b/a Lutefish (“Lutefish”), respects your privacy and is committed to protecting it through this Lutefish Privacy Policy (this “Policy”).
This Policy describes the types of information Lutefish may collect from you or that you may provide when you access and use the Lutefish Platform, as defined in the Lutefish Terms of Use https://lutefish.com/policies/terms-of-service (the “Terms of Use”), and Lutefish’s practices for collecting, using, maintaining, protecting and disclosing that information.
This Policy applies to information Lutefish collects via the Lutefish Platform.
Please read this Policy carefully to understand Lutefish’s policies and practices regarding your information and how Lutefish will treat it. If you do not agree with these policies and practices, your choice is to not use the Lutefish Platform. By accessing or using the Lutefish Platform, you agree to this Policy. This Policy is subject to change from time to time. Your continued use of the Lutefish Platform after Lutefish makes changes is deemed to be acceptance of those changes, so please check this Policy periodically for updates.
Children Under the Age of 13
The Lutefish Platform is not intended for children under 13 years of age. No one under the age of 13 may provide any Personal Information (as defined below) to or on the Lutefish Platform. Lutefish does not knowingly collect Personal Information from children under the age of 13. If you are under 13 years of age, do not use or provide any information on the Lutefish Platform.
Direct Communications With Other Users of the Lutefish Platform
As set forth in the Terms of Use, Lutefish does not take any responsibility whatsoever in respect of any Direct Communications (as defined in the Terms of Use) between you and other users of the Lutefish Platform. You are solely responsible for any engagement you have with other users with Direct Communications via the Lutefish Platform, for all Direct Communications that you send and receive via the Lutefish Platform and compliance with all relevant data privacy laws.
Information Lutefish Collects About You and How It Is Collected
Lutefish collects several types of information from and about users of the Lutefish Platform, including information:
- by which you may be personally identified, such as name, postal address, e-mail address, telephone number or any other information the Lutefish Platform collects that is defined as personal or personally identifiable information under an applicable law or any other identifier by which you may be contacted online or offline (collectively, “Personal Information”); and
- about your Internet connection, the equipment you use to access the Lutefish Platform (including, if applicable, the Device, as defined in the Terms of Use) and usage details.
Lutefish collects this information:
- directly from you when you provide it to Lutefish; and
- automatically as you navigate through the Lutefish Platform. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies.
Information You Provide to Lutefish
The information Lutefish collects on or through the Lutefish Platform may include, but is not limited to:
- Information that you provide by filling in forms on the Lutefish Platform. This includes information provided at the time of registering to use the Lutefish Platform or registering an account, as set forth in the Terms of Use. Lutefish may also ask you for information when you report a problem with the Lutefish Platform.
- Records and copies of your correspondence (including e-mail addresses) if you contact Lutefish.
- Details of transactions you carry out through the Lutefish Platform in the fulfillment of your orders. You may be required to provide financial information before placing an order through the Lutefish Platform.
- Your search queries on the Lutefish Platform.
Information Lutefish Collects Through Automatic Data Collection Technologies
As you navigate through and interact with the Lutefish Platform, Lutefish may use automatic data collection technologies to collect certain information about your use of the Device (if applicable), as well as your equipment, browsing actions and patterns, including:
- details of your visits to and use of the Lutefish Platform, including traffic data, location data, logs and other communication data and the resources that you access and use on the Lutefish Platform; and
- information about your computer and Internet connection, including your IP address, operating system, and browser type.
The information Lutefish collects automatically helps Lutefish to improve the Lutefish Platform to deliver a better and more personalized service, including by enabling Lutefish to:
- estimate its audience size and usage patterns;
- store information about your preferences, allowing Lutefish to customize the Lutefish Platform according to your individual interests;
- speed up your searches; and
- recognize you when you return to the Lutefish Platform.
The technologies Lutefish uses for this automatic data collection may include:
- Cookies (or browser cookies).A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of the Lutefish Platform. Unless you have adjusted your browser setting so that it will refuse cookies, Lutefish’s system will issue cookies when you direct your browser to the Lutefish Platform website.
- Flash Cookies.Certain features of the Lutefish Platform may use local stored objects (or flash cookies) to collect and store information about your preferences and navigation to, from and on the Lutefish Platform. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Lutefish does not collect Personal Information automatically, but Lutefish may tie this information to Personal Information about you that Lutefish collects from other sources, or you provide to Lutefish.
Third-party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements, on the Lutefish Platform are served by third parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Lutefish Platform. The information they collect may be associated with your Personal Information, or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. Lutefish does not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
How Lutefish Uses Your Information
Lutefish uses information that it collects about you or that you provide to Lutefish, including any Personal Information:
- to present the Lutefish Platform and its contents to you;
- to provide you with information, products, or services that you request from Lutefish;
- to fulfill any other purpose for which you provide it;
- to provide you with notices about your account, including expiration and renewal notices;
- to carry out Lutefish’s obligations and enforce its rights arising from any contracts entered between you and Lutefish, including for billing and collection;
- to notify you about changes to the Lutefish Platform, or any products or services Lutefish offers or provides though the Lutefish Platform;
- to allow you to participate in interactive features on the Lutefish Platform;
- to allow you to receive Lutefish’s newsletter and blogs;
- in any other way Lutefish may describe when you provide the information;
- for any other purpose, with your consent; and
- to provide you with communications about Lutefish’s products and services.
Disclosure of Your Information
Lutefish may disclose aggregated information about its users, and information that does not identify any individual, without restriction.
Lutefish may disclose Personal Information that it collects or you provide as described in this Policy:
- to its subsidiaries and affiliates;
- to other users of the Lutefish Platform;
- to contractors, service providers and other third parties Lutefish uses to support its business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which Lutefish discloses it to them;
- to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Lutefish’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by Lutefish about the Lutefish Platform users is among the assets transferred;
- to fulfill the purpose for which you provide it;
- for any other purpose disclosed by Lutefish when you provide the information; and
- with your consent.
Lutefish may also disclose your Personal Information:
- to comply with any court order, law, or legal process, including to respond to any government or regulatory request; and
- if Lutefish believes disclosure is necessary or appropriate to protect the rights, property, or safety of Lutefish and its subsidiaries or affiliates, customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices About How Lutefish Uses and Discloses Your Information
Lutefish strives to provide you with choices regarding the Personal Information you provide to Lutefish. Lutefish has created mechanisms to provide you with the following control over your information:
- You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Lutefish Platform may then be inaccessible or not function properly.
- If you do not want Lutefish to share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by clicking here: https://www.wengercorp.com/dataprivacy.
- If you do not wish to have your e-mail address used by Lutefish to promote its own or third parties’ products or services, you can opt-out by clicking here: https://www.wengercorp.com/dataprivacy.
- Lutefish does 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 https://thenai.org/opt-out/.
Data Security
Lutefish has implemented measures reasonably designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where Lutefish has given you (or where you have chosen) a password for access to the Lutefish Platform, you are responsible for keeping this password confidential. Lutefish asks you not to share your password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although Lutefish does its best to protect your Personal Information, Lutefish cannot guarantee the security of your Personal Information transmitted to the Lutefish Platform. Any transmission of Personal Information is at your own risk. Lutefish is not responsible for circumvention of any privacy settings or security measures contained on the Lutefish Platform.
Changes to The Policy
Lutefish reserves the right to update or revise this Policy at any time and without prior notice, by posting the revised version on the Lutefish Platform website. The changes will be effective as of the date Lutefish posts the revised version and apply to the Personal Information Lutefish collects after such date. Your use of the Lutefish Platform following any such change constitutes your consent to the terms of the revised Policy. You are responsible for periodically visiting the Lutefish Platform website and this Policy to check for any changes.
Special Notice to Those Who Reside Outside the United States
Lutefish’s servers are located in the United States, and all Personal Information is collected and processed by Lutefish in the United States. If you are not located in the United States, your Personal Information will therefore be transferred to, processed, and stored in a country outside of the country in which you live. By submitting your Personal Information to Lutefish, you are consenting to the processing of your Personal Information in the United States. Your Personal Information will only be used by Lutefish for legitimate business purposes as set forth in this Policy.
Special Notice for California Residents
The following applies solely to all visitors, users, and others who reside in the State of California (“consumers”). Lutefish adopts this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and its regulations, as amended by the California Privacy Rights Act (“CPRA”). Lutefish does not collect or store any sensitive information as defined in the CPRA. Any terms defined in the CCPA or CPRA have the same meaning when used in this notice.
Information Lutefish Collects
The Lutefish Platform collects Personal 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. In particular, the Lutefish Platform has collected the following categories of Personal Information from consumers within the last 12 months:
- identifiers which may include a real name, postal address, telephone number, unique personal identifier, online identifier, Internet Protocol address, email address, or other similar identifiers;
- commercial information, which may include records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;
- Internet or other similar network activity, which may include browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
Personal Information does not include:
- publicly available information from government records;
- deidentified or aggregated consumer information; and
- information excluded from the CCPA’s scope.
Lutefish obtains the categories of Personal Information listed above from the following categories of sources:
- directly from you; for example, from forms you complete or products and services you purchase;
- indirectly from you; for example, from observing your actions on the Lutefish Platform; and
- from third parties who are authorized to provide us with such data.
Use of Personal Information
Lutefish may use or disclose Personal Information it collects for one or more of the following 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 Lutefish’s products or services, Lutefish will use that Personal Information to respond to your inquiry. If you provide your Personal Information to purchase a product or service, Lutefish will use that information to process your payment and facilitate delivery. Lutefish may also save your information to facilitate new product orders or process returns.
- To provide, support, personalize, and develop the Lutefish Platform, and related products and services.
- To create, maintain, customize, and secure your account with Lutefish.
- 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 Lutefish’s responses.
- To personalize your experience with the Lutefish Platform and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through the Lutefish Platform, 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 the Lutefish Platform and related products and services, databases and other technology assets and business.
- For testing, research, analysis, and product development, including to develop and improve the Lutefish Platform and related products, and services.
- To respond to law enforcement requests, and as required by applicable law, court orders or governmental regulations.
- 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 of Lutefish’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Lutefish about the Lutefish Platform users is among the assets transferred.
Lutefish will not collect additional categories of Personal Information or use the Personal Information it collects for materially different, unrelated, or incompatible purposes without providing you notice.
Lutefish will limit its collection, use, retention, and sharing of Personal Information to actions reasonably necessary and proportionate to achieve:
- the purposes for which the Personal Information was collected or processed; or
- another disclosed purpose that is compatible with the context of the Personal Information collection.
Sharing Personal Information
Lutefish may disclose your Personal Information to a third party for a business purpose related to the service or product Lutefish is providing you. When Lutefish discloses Personal Information for a business purpose, Lutefish enters into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.
Lutefish does not sell Personal Information.
Your Rights and Choices
The CCPA provides consumers with specific rights regarding their Personal Information. The following describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that Lutefish disclose certain information to you about Lutefish’s collection and use of your Personal Information over the past 12 months. Once Lutefish receives and confirms your verifiable consumer request (see “Exercising Access, Data Portability, Correction and Deletion Rights”), Lutefish will disclose to you:
- the categories of Personal Information Lutefish collected about you;
- the categories of sources for the Personal Information Lutefish collected about you;
- Lutefish’s business or commercial purpose for collecting or selling that Personal Information; and
- the categories of third parties with whom Lutefish shares that Personal Information.
Deletion Request Rights
You have the right to request that Lutefish delete any of your Personal Information that Lutefish collected from you and retained, subject to certain exceptions. Once Lutefish receives and confirms your verifiable consumer request (see “Exercising Access, Data Portability, Correction and Deletion Rights”), Lutefish will delete (and direct its service providers to delete) your Personal Information from Lutefish’s records, unless an exception applies.
Lutefish may deny your deletion request if retaining the information is necessary for Lutefish or its service provider(s) to:
- complete the transaction for which Lutefish collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of Lutefish’s ongoing business relationship with you, or otherwise perform Lutefish’s contract with you;
- detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
- debug products to identify and repair errors that impair existing intended functionality;
- exercise free speech, ensure the right of another consumer to exercise his or her free speech rights, or exercise another right provided for by law;
- comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
- engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
- enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with Lutefish;
- comply with a legal obligation; and
- make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Data Correction
You have the right to request corrections of any inaccuracies in your Personal Information.
Exercising Access, Data Portability, Correction and Deletion Rights
To exercise the access, data portability, correction, and deletion rights described above, please submit a verifiable consumer request to Lutefish by either:
- calling Lutefish at: (800) 733-0393; or
- clicking here: https://www.wengercorp.com/dataprivacy.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- provide sufficient information that allows Lutefish to reasonably verify you are the person about whom Lutefish collected Personal Information or an authorized representative; and
- describe your request with sufficient detail that allows Lutefish to properly understand, evaluate, and respond to it.
Lutefish cannot respond to your request or provide you with Personal Information if Lutefish cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.
Making a verifiable consumer request does not require you to create an account with Lutefish. However, Lutefish does consider requests made through your password-protected account sufficiently verified when the request relates to Personal Information associated with that specific account.
Lutefish will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Data Retention
Lutefish will retain your Personal Information only for as long as is necessary for the purposes set forth in this Policy, as follows:
- Identifiers, which may include a real name, postal address, telephone number, unique personal identifier, online identifier, Internet Protocol address, email address, or other similar identifiers, will be retained for as long as services are performed and thereafter for record keeping purposes or as otherwise required by law or legal process.
- Commercial information, which may include records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, will be retained for as long as services are performed and thereafter for record keeping purposes or as otherwise required by law or legal process.
- Internet or other similar network activity, which may include browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement, will be retained only for as long as services are performed and for record keeping purposes or as otherwise required by law or legal process.
Response Timing and Format
All requests made pursuant to the CCPA must be sent to data@wengercorp.com with “data privacy” in the subject line.
Lutefish will confirm receipt within 10 business days and endeavor to substantively respond to a verifiable consumer request within 45 days of its receipt. If Lutefish requires more time (up to another 45 days), Lutefish will inform you of the reason and extension period in writing.
If you have an account with Lutefish, Lutefish will deliver its written response to that account. If you do not have an account with Lutefish, Lutefish will deliver its written response by mail or electronically, at your option.
Any disclosures Lutefish provides will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response Lutefish provides will also explain the reasons Lutefish cannot comply with a request, if applicable.
Lutefish does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If Lutefish determines that the request warrants a fee, Lutefish will tell you why it made that decision and provide you with a cost estimate before completing your request.
Non-Discrimination
Lutefish will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, Lutefish will not:
- deny you goods or services;
- charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
- provide you a different level or quality of goods or services; or
- suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, Lutefish may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive Lutefish offers will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Other California Privacy Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Lutefish Platform website that are California residents to request certain information regarding Lutefish’s disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to: data@wengercorp.com.
Contact Information
If you have any questions or comments about this notice, the ways in which Lutefish collects and uses your information, your choices, and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact Lutefish at:
Wenger Corporation, d/b/a Lutefish
Attn: Data Analytics
PO Box 448
555 Park Avenue
Owatonna, MN 55060
Phone: (800) 733-0393
Website: www.wengercorp.com
Email: data@wengercorp.com
Contact Information
To ask questions or comment about this Policy and our privacy practices, contact Lutefish at: data@wengercorp.com.