Privacy Policy

The Benjamin Moore Consumer Advisory Board (BMCAB) – Privacy

This Privacy Policy was last modified and is effective as of June 30, 2009.
This is Benjamin Moore's official privacy policy which forms a part of your legal agreement with us. PLEASE READ THIS PRIVACY POLICY CAREFULLY. IT DESCRIBES HOW WE COLLECT AND USE INFORMATION AND UNDER WHAT CIRCUMSTANCES WE SHARE INFORMATION ABOUT YOU.

Your use of our site indicates acceptance of these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy posted on this web site, please do not use this site or participate in any of the surveys or other services offered by this site.

Changes to Privacy Policy

We reserve the right, in our sole discretion, to modify, add or delete provisions of this Privacy Policy at any time and such revisions shall take effect as of the date of posting. Your use of our web sites after the effective date of any such modification means you accept and agree to be bound by the Privacy Policy. Review this Privacy Policy regularly to remain aware of the terms and conditions that apply to you.

BMCAB Privacy Policy:

The Benjamin Moore Consumer Advisory Board (BMCAB) is developed and maintained by MarketTools, Inc. on behalf of Benjamin Moore & Co. This Privacy Policy represents Benjamin Moore & Co. and MarketTools' commitment to respect the privacy of this online panel community. Your identity and feedback to the BMCAB are confidential, and will not be released to any third parties other than Benjamin Moore & Co. and MarketTools, and their third-party service providers, unless required by law or with your prior consent. Your identity and feedback will be used for market research purposes only.

We do not release individual information about a panelist unless the individual expressly agrees to such disclosure or it is required by law. In addition, we do not send unsolicited commercial emails, but will send you emails for the purposes of this panel's survey research. The Consumer Advisory Board will operate in accordance with Code of Standards and Ethics for Survey Research (CASRO), as well as the Marketing Research Association's Code of Professional Ethics and Practice.

We will routinely review our privacy policy and security features and enhance them as necessary. This policy contains the following sections:

Personal Information We Collect and Track

The term "Personal Information" refers to any information you provide in connection with your use of any of our Web sites by which you can be personally identified. Personal Information may include such things as your name, street address, telephone number, date of birth, e-mail address and any other information which might reasonably be used to identify you. If you provide or submit your Personal Information to any of our Web sites, we will always give you the right to review, update and/or delete your Personal Information, subject to our obligations to comply with legal, regulatory or internal audit and record-keeping requirements.

The BMCAB gathers demographic information, such as age, occupation, and other household characteristics, about our panel members when they fill out the Registration Questionnaire and participate in surveys. Panel members may register at the web site. The Registration Questionnaire and subsequent surveys require panel members to provide us with contact information (such as name, email address, mailing address, etc) so that we may communicate with you. Among panel members, we track this information so we can send surveys that correspond to members' qualifications and interests. We also summarize information about the panel to develop statistics, ensuring that the panel is representative of consumers from across the country. email addresses and other contact information are used only when BMCAB needs to communicate with the panel members. Neither Benjamin Moore & Co. nor MarketTools (including their third party service providers) will sell this information or share it with any other party, unless we are required to do so by law. The communications that panel members will receive from the BMCAB will concern:

Panel members may opt-out of receiving communications from us at any time. Please see the Opt-Out Policy section below.

Solicited/Unsolicited Suggestion(s) Become Property of Benjamin Moore with No Obligation to You

Benjamin Moore values feedback from consumers and professionals about its products; however, we do not accept, evaluate or consider unsolicited ideas, materials, concepts, information, content or suggestions of any kind ("Unsolicited Suggestions"), including, but not limited to, those relating to products, processes, product names, advertising or marketing, nor do we have or accept any obligation, liability or responsibility if you send us any Unsolicited Suggestions of any kind. We have found that this policy and approach avoids potential misunderstanding and dispute, since your Unsolicited Suggestion(s) may seem similar to products, services or activities we undertake or commission, even those previously considered or currently under consideration and whether we implement them or not.

As a result, we have adopted a policy whereby we do not agree to accept, on any terms or under any conditions, Unsolicited Suggestion(s). Please do not submit, post or send us any Unsolicited Suggestion(s), because if you do or you attempt to do so (whether you ignore these warnings or don't read or attempt to understand them) you are agreeing we can treat the Unsolicited Suggestion(s) as our own, without any obligation of confidentiality, without any restrictions or conditions, without obligation or liability to you or anyone else. We will be free to use or choose not to use all or any part of any Unsolicited Suggestion(s) you submit for any purpose, any time and anywhere in the world and we will also have the right to modify or re-purpose or do anything or refrain from doing anything with such Unsolicited Suggestion(s), free and clear of any requirements or restrictions of any kind. You should also understand that we will have no obligation to compensate, reward, account to you, notify you or even acknowledge any matters that relate to an Unsolicited Suggestion(s) you submit.

You should consult with your own independent legal advisors concerning your rights or if you are not clear whether anything you wish to submit to us might be covered by the Unsolicited Suggestion policy and terms above.

If after consultation with your attorney, you believe you have rights to legally protected and proprietary intellectual property which is not covered by the Unsolicited Suggestion(s) policy and terms above, you (or your attorney) can contact us at:

Outside Submissions Unit — Legal Compliance
Benjamin Moore & Co.
101 Paragon Drive
Montvale, NJ 07645

If you are not sure about your rights, consult your legal advisor before submitting anything to us.

Non-Personal Information Collected and How Collected

When you access or visit any Benjamin Moore Web sites, we and our operational service providers (See Disclosure to Third Parties section below) and others who host our web sites often use technology that can recognize, collect and/or transmit information that is associated with you, but which do not personally identify you. Although the term "cookie" specifically refers to a small text file that is stored on a user's computer for record-keeping purposes, for the purposes of this Privacy Policy, we will use the term "cookie" to refer generically to any technology that can recognize, collect and/or transmit information about your visits to our web sites. This type of information includes such data as the Internet or web domain that referred you, the type of operating system and browser you are using, the date and time of your visit, data relating to activities on our web sites (e.g., so-called 'clickstream' data) and other technological attributes about your visit to the web sites. This information is used to analyze trends, administer the web sites, track user movements on the web sites and gather aggregate demographic information about visitors so we can continually improve our web sites.

Cookies also allow our web sites to recognize a users' computer or access device each time it is used to visit a particular web site and cookies can keep count of how often you return. Cookies can also track how you use our web sites, your preferences for features and functions and, for our web sites that have registration or similar features, cookies can store information such as your user name and password so you don't have to re-enter them each time you return to visit. Cookies don't personally identify you or any particular user or individual.

You can disable or turn the cookie feature off by changing the settings on your Internet browser and you can also change the settings to stop your browser from automatically accepting cookies. Although changing these settings may not affect your ability to browse, it may affect your ability to use certain features and functions of the web sites and it may also require you to re-enter certain information each time you visit or attempt to use the web sites. You should consult the operating instructions that apply to your browser to determine how to best configure your browser settings for your needs.

Information we Use and Share

Information is gathered about our panel members as part of our Internet survey and research process. This information is aggregated and analyzed in reports for Benjamin Moore. Your survey responses are valuable in understanding the needs, interests and lifestyles of consumers.

We may use third-party service providers and their web sites so that you can be offered incentives or other rewards for participating in surveys. In order to communicate with you for this purpose, you may also receive emails from the third-party service providers. Your personally identifiable information will be used by our providers only for the purpose of tracking your participation and redeeming rewards. Your privacy is protected by our providers' written commitments that they will not share your personally identifiable information.

Right to Terminate

We have the right to discontinue, suspend or terminate your use of our web sites at any time, including anytime we determine, in our sole judgment, you or your use of our web sites, your content or any posting you make, may violate these Terms and Conditions. In addition to any other rights and remedies we may have under these Terms and Conditions, we have the right to: (a) refuse you access to further posting; (b) remove, modify, re-format or delete your posting; (c) revoke your right to use the web sites; and (d) use any technological, legal, operational or other means available to enforce these Terms and Conditions.

Opt-Out Policy

Our site provides users the ability to opt-out of receiving communications from the Consumer Advisory Board. Instructions on how to unsubscribe from the BMCAB are identified in every email sent to panel members. Panel members can also opt-out by sending an email with "remove" in the subject line to BMCABsupport@markettools.com.

Modifying your Information

If you wish to modify or update information you have previously provided, please visit the Consumer Advisory Board web site, log in and update your information. You can also email us at any time at: BMCABsupport@markettools.com.

Security Measures

We use modern security technology to protect the personally identifiable information submitted to us, both during transmission and once we receive it. The data we collect is protected through the use of firewalls and passwords, among other things; however, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we are vigilant in protecting your personally identifiable information, we cannot guarantee its absolute security.

Trademarks

The trademarks, logos, service marks, trade names, graphics, designs, copyrights and other properties (collectively the "Trademarks") displayed on Benjamin Moore's web site are protected intellectual properties that are registered and unregistered Trademarks. Nothing contained on Benjamin Moore's web site should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on this web site without the written permission of Benjamin Moore or such third party that may own the Trademark displayed on Benjamin Moore's web site. Your misuse of the Trademarks displayed on Benjamin Moore's web site, or any other content on Benjamin Moore's web site, except as provided herein, is strictly prohibited.

This is a current listing of United States trademarks licensed to Benjamin Moore & Co. Those trademarks followed by ® are registered trademarks licensed to Benjamin Moore & Co.; all others are trademarks licensed to Benjamin Moore & Co.

ADVANCE®
Advanced Particle Technology®
Affinity®
APT®
AquaGlo®
AquaPearl®
AquaVelvet®
ARBORCOAT®
Aura®
ben®
Benjamin Moore®
Benjamin Moore and the triangle "M" symbol®
Benjamin Moore Classic Colors®
Benjamin Moore Paints®' (SSP Signage)
Benwood®
Bungaloo®
Color Capture®
Color Lock®
Color Makeover®
Color Preview®
Color Pulse®
Color Selection Simplified®
Colorscapes®
ColoRx®
Come To Where You Matter®
Details®
Dulamel®
Eco Spec®
Ensemble®
Fresh Start®
Gennex®
Green Promise®
Green Promise (hand & leaf)®
Hue®
Impervex®
Impervo®
(Stylized) Inside Edge®
IronClad®
(Stylized) K&B®
(Stylized) Moorcraft®
Moorcraft Roof Spec®
Moorcraft Super Craft®
Moorcraft Super Hide®
Moore's®
MoorGard®
MoorGlo®
(Stylized) Moorlastic®
Moorlife®
Moorwood®
Moorwhite®
Muresco®
Natura®
Personal Color Viewer®
Pocket Palette®
Profiles®
Profinish®
QD 30® and design
Quite simply the finest paint we've ever made®
Regal®
Regal®
(Stylized) Regal First Coat®
Regal® Select
Retrospectrum®
Sani-Flat®
and design Satin Impervex®
Satin Impervo® (Stylized)
Stays Clear®
Studio Finishes®
Super Craft®
Super Hide®
Super Spec®
Super Spec HP®
Tempgard® (Stylized)
The Leader In Paint & Color®
triangle "M" device®
triangle "M" symbol®
Ultimate®
UltraSpec®
Utilac®
Wall-Grip®
Wall-Satin® (Stylized)
We Make It Simple, You Make It Beautiful®
Benjamin Moore ProConnection™
Concepts™
Green Without Compromise™

Indemnification

You shall defend us and the Benjamin Moore Entities on any demands, claims or actions brought against us or the Benjamin Moore Entities arising as a result of any breach or violation of these Terms and Conditions by you ("Claim") and you shall indemnify and hold us and the Benjamin Moore Entities harmless from and against any and all losses, damages, costs and expenses (including attorneys' fees) resulting from any such Claim. We and the Benjamin Moore Entities have the right, at their expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree, upon request, to cooperate with us and the Benjamin Moore Entities in the defense of any such Claim.

Choice of Law

These Terms and Conditions shall be construed and enforced under the laws of the State of New Jersey applicable to parties resident in and contracts made, executed and wholly performed within the State of New Jersey. You specifically agree and submit to the jurisdiction of the State and Federal Courts situated in the State of New Jersey, City of Montvale and County of Bergen and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. The Uniform Computer Information Transactions Act does not apply to these Terms and Conditions. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT, YOUR USE OF THE WEB SITES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

General Provisions

These Terms and Conditions, together with our Privacy Policy are incorporated by reference and are part of the Benjamin Moore Terms and Conditions as if they were right here. These Terms and Conditions are the entire agreement you have with Benjamin Moore regarding our Web sites, Content and other subject matter set forth herein and supersede any and all prior or inconsistent understandings that may apply to the subject matter. If, for any reason, Benjamin Moore believes, has reason to believe, suspects or is notified of any act, omission or circumstances which may or could compromise or endanger the health, well being or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affects, infringes upon or misappropriates the rights of others, harasses or interferes with any other user or person, firm or enterprise, interferes with or bypasses our security or other protective measures applicable to our systems, networks and communications capabilities, breaches or violates these Terms and Conditions, including the Privacy Policy, Web sites and content or violates any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law. These Terms and Conditions can only be modified by us as described above or by mutual written agreement, signed by an authorized representative of Benjamin Moore. The illegality, invalidity or unenforceability of any term or condition is severable and shall not affect the rest of these Terms and Conditions and any unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible. Headings are purely for reference and shall not affect the meaning of any terms or conditions. Any provision which must survive to allow us to enforce its meaning shall survive termination; however, no claim or action relating in any way to these Terms and Conditions, including the Privacy Policy, web sites, and content or otherwise with respect to their subject matter, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).

Contact Information:

If you have any questions about this Privacy Policy, the practices of this web site or any other concerns or issues, please contact BMCABsupport@markettools.com or info@benjaminmoore.com. Thank you for agreeing to serve on the BMCAB and for participating in our studies. Your opinions are very valuable to us.

Please review this Privacy Policy often. We reserve the right to change this Privacy Policy at any time without notice. Please check back from time to time to ensure you are aware of any updates or changes to our Privacy Policy.

Questions and Comments:

If you have any questions or comments, please send them to BMCABsupport@markettools.com or info@benjaminmoore.com.