Henkel Corporation California Privacy Notice

Effective Date: January 1, 2020; as updated as of July 1, 2020 (and posted October 14, 2020)

This notice reflects our good faith understanding of the law and our data practices as of the date posted (set forth above), but there remain differing interpretations of the law. Accordingly, we may from time-to-time update information in this and other notices regarding our data practices and your rights, modify our methods for responding to your requests, and/or supplement our response to your requests, as we continue to develop our compliance program to reflect the evolution of the law and our understanding of how it relates to our data practices. 

This California Privacy Notice (“Notice”) applies to “Consumers” as defined by the California Consumer Privacy Act (“CCPA”) as a supplement to Henkel Corporation’s (“Company” “Us” “We” “Our”), other privacy policies, statements or notices. This Notice is limited to the data practices of Company in California. In the event of a conflict between any other Company policy, statement or notice and this Notice, this Notice will prevail as to California Consumers and their rights under the CCPA. Please see also any general privacy statement or notice posted or referenced on our websites, apps, products, or services.

This Notice covers our collection, use, disclosure, and sale of California Consumers’ “Personal Information” (“PI”) as defined by the CCPA, except to the extent such PI is exempt from the notice obligations of the CCPA, for the twelve months preceding the Effective Date. This Notice also covers rights California Consumers have under the CCPA, as well other notices to Californians required by certain other laws. The description of our data practices in this Notice, as required by the CCPA, covers only calendar year 2019 and will be updated at least annually. Our practices in calendar year 2020, after July 1, 2020 may differ, however. If materially different from this Notice we will provide pre-collection notice of the current practices, which may include reference to our general or online privacy statements or other applicable privacy notices, which will reflect current practices.

Consistent with the CCPA, job applicants, current and former employees and independent contractors (“Personnel”), and subjects of certain business-to-business communications acting solely in their capacity as representatives of another business, are not considered “Consumers” for purposes of this California Privacy Notice or the rights described herein. However, our Personnel may obtain a separate privacy notice that is applicable to them by contacting our Human Resources department. In addition, publicly available information is not treated as PI under the CCPA, so this notice is not intended to apply to that data and your Consumer privacy rights do not apply to that data.

Terms defined in the CCPA that are used in this Notice shall have the same meaning as in the CCPA. 

1. PI We Collect

Based on our data practices in 2019, we give you notice that we collect the following types of PI about California Consumers, with exemplary elements of PI listed. This notice will be updated annually, and our current privacy notices at the point of collection and general privacy statements may reflect more current practices.

Category of PI

Examples of PI

1. Identifiers

This may include but is not limited to: contact information (such as name, address, city, state, province/territory, Postal/ZIP code, email address and telephone number), IP address, device identifier, alias/account name, and in limited circumstances, state ID number, cosmetology license number, business tax ID, and other identifiers for professional use.

2. Personal Records


This may include information such as: identifiers described above, date of birth, and other personal, financial, and consumer complaint information.

3. Personal Characteristics or Traits

This may include but is not limited to: gender, age, and race related to product use.

4. Customer Account Details / Commercial Information


This may include but is not limited to: products or services purchased or considered, service history, other purchasing or consumption histories or tendencies, and transaction records.

5. Internet Usage Information

This may include but is not limited to: information about your use of the Service, and data regarding network connected hardware, browsing activity, IP address, and device identifiers.

6. Geolocation Data

This may include but is not limited to: physical location.

7. Sensory Data

This may include but is not limited to: customer-submitted photographs, videos, and audio.

8. Professional or Employment Information

This may include but is not limited to: third-party employment status, employment history, and professional licenses.

9. Inferences from PI Collected

This may include but is not limited to: consumer preferences, aptitudes, attitudes, trends, and preferences.

The chart above reflects the categories of PI required by the CCPA. There may be additional information that we collect that meets the CCPA’s definition of PI but is not reflected by a category, in which case we will treat it as PI as required by the CCPA but will not include it when we are required to describe our practices by category of PI.

As permitted by applicable law, we do not treat deidentified data or aggregate consumer information as PI and we reserve the right to convert, or permit others to convert, your PI into deidentified data or aggregate consumer information, and may elect not to treat publicly available information as PI. We have no obligation to re-identify information or keep it longer than we need it to respond to your requests.

A. Sources of PI. 

We may collect your PI directly from you or from service providers, vendors and suppliers, our affiliates, or other individuals and businesses as well as public sources of data. 

B. Use of PI.

Generally, we collect, retain, use, and share your PI to provide you services and as otherwise related to the operation of our business. For more detail on our disclosures and sale of PI, see the next section Sharing of PI

We may collect, use and share the PI we collect for one or more of the following business purposes:

  • Processing Interactions and Transactions
  • Managing Interactions and Transactions
  • Performing Services
  • Research and Development
  • Quality Assurance
  • Security
  • Debugging

Additional business purposes include sharing PI with Henkel affiliates or third parties for other than a sale or one of the foregoing business purposes as required or permitted by applicable law, such as to our vendors that perform services for us, to the government or private parties to comply with law or legal process, to the consumer or other parties at the consumer’s request, for the additional purposes explained in our Privacy Statement and Data Protection Statement, the privacy statements posted on our North American brand websites, and to assignees as part of a merger or asset sale (“Other Business Purposes”).

Subject to restrictions and obligations of the CCPA, our vendors may also use your PI for some or all of the above listed business purposes. Our vendors may themselves engage services providers or subcontractors to enable them to perform services for us, which sub-processing is, for purposes of certainty, an additional Other Business Purpose for which we are providing you notice.

In addition, we may collect, retain, and use PI for the purpose of sharing it as set forth in the next section.

2. Sharing of PI:

We may share PI with our service providers, affiliates, agents, consultants, and other vendors (including those that facilitate advertising and marketing), which during calendar year 2019 are as follows: 

Category of PI

Categories of Recipients

1.Identifiers


Business Purpose Disclosure:

  • Marketing & advertising agencies
  • Government entities
  • Operating systems and platforms
  • Social networks
  • Email service providers
  • Advertising networks

Sale: Not Sold


2. Personal Records



Business Purpose Disclosure:

  • Marketing and advertising agencies
  • Government entities

Sale: Not Sold


3. Personal Characteristics or Traits


Business Purpose Disclosure:

  • Marketing & advertising agencies
  • Email service providers

Sale: Not Sold


4. Customer Account Details / Commercial Information


Business Purpose Disclosure:

  • Marketing and advertising agencies
  • Government entities

Sale: Not Sold


5. Internet Usage Information


Business Purpose Disclosure:

  • Marketing & advertising agencies
  • Government entities
  • Operating systems and platforms
  • Social networks
  • Email service providers
  • Advertising networks

Sale: Not Sold


6. Geolocation Data


Business Purpose Disclosure:

  • Marketing & advertising agencies
  • Social networks
  • Email service providers
  • Advertising networks

Sale: Not Sold


7. Sensory Data


Business Purpose Disclosure:

  • Marketing & advertising agencies
  • Social networks

Sale: Not Sold


8. Professional or Employment Information


Business Purpose Disclosure:

  • Government entities

Sale: Not Sold


9. Inferences from PI Collected


Business Purpose Disclosure:

  • Marketing & advertising agencies
  • Social networks
  • Advertising networks

Sale: Not Sold


3. California Privacy Rights

 The CCPA is a new law and there remain differing interpretations of it and the regulations that implement it. Accordingly, we may from time-to-time update information in our notices regarding our data practices and your rights, modify our methods for you to make and for us to respond to your requests, and/or supplement our response(s) to your requests, as we continue to develop our compliance program to reflect the evolution of the law and our understanding of how it relates to our data practices. 

We provide California Consumers the privacy rights described in this section. You have the right to exercise these rights via an authorized agent who meets the agency requirements of the CCPA and related regulations. As permitted by the CCPA, any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”). We will not fulfill your CCPA request unless you have provided sufficient information for us to appropriately verify you are the Consumer about whom we collected PI, which may include matching at least between two to three data points provided by the Consumer with data points maintained by us, depending on the type of request and sensitivity of the PI. Please follow the instructions at our Consumer Rights Request page here and respond to any follow up inquires we may make. You may also submit a request by calling us at 1-888-285-1935.

Some PI we maintain about Consumers is not sufficiently associated with enough PI about the Consumer for us to be able to verify that it is a particular Consumer’s PI when a Consumer request that requires verification pursuant to the CCPA’s verification standards is made (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA we do not include that PI in response to those requests. If we cannot comply with a request, we will explain the reasons in our response. You are not required to create a password-protected account with us to make a Verifiable Consumer Request. We will use PI provided in a Verifiable Consumer Request only to verify your identity or authority to make the request and to track and document request responses, unless you also gave it to us for another purpose.

We will make commercially reasonable efforts to identify Consumer PI that we collect, process, store, disclose and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests; provided, however, that we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded or overly burdensome. If we determine that the request warrants a fee, or that we may refuse it, we will give you notice explaining why we made that decision. You will be provided a cost estimate and the opportunity to accept such fees before we will charge you for responding to your request.

Consistent with the CCPA and our interest in the security of your PI, we will not deliver certain sensitive data to you in response to a CCPA request.

Your California Consumer privacy rights are as follows:

A. The Right to Know:

i. Categories:

You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date:

  • The categories of PI we have collected about you.
  • The categories of sources from which we collected your PI
  • The business or commercial purposes for our collecting or selling your PI.
  • The categories of third parties to whom we have shared your PI.
  • A list of the categories of PI disclosed for a business purpose in the prior 12 months and, for each, the categories of recipients, or that no disclosure occurred.
  • A list of the categories of PI sold about you in the prior 12 months and, for each, the categories of recipients, or that no sale occurred.

To make a request, follow the instructions at Consumer Rights Request page here or call us at 1-888-285-1935

Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.

ii. ​​​​​​​Specific Pieces:

You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining. To make a request, follow the instructions at our Consumer Rights Request page here or call us at 1-888-285-1935. 

Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.

B. Do Not Sell:

We do not believe that during 2019, or through the Effective Date of this revised Notice, that we “sold” your PI as such is defined under the CCPA, but we reserve the right to do so. Accordingly we provide California Consumers a method to opt-out of sale here.

There may be cookies and other tracking technologies associated with our online services that may provide data, which may be treated as PI under the CCPA, to other parties that may use it for their own purposes, which in turn may provide that data to other parties for their own purposes. While there is not yet a consensus, we do not believe that data practices of third-party cookies and tracking devices associated with our online services constitute a sale of PI by us and therefore we do not currently treat these activities as a “sale.” Thus, currently, a do not sale request to us will not affect these third-party activities. However, you can exercise control over browser-based cookies by adjusting the settings on your browser, and mobile devices may offer ad and data limitation choices. In addition, third party tools may enable you to search for and opt-out of some of these trackers, such as the Ghostery browser plug-in available at https://www.ghostery.com/. For more information on cookies and your choices regarding them, including how to opt-out of certain interest-based advertising, see Section 11 of our general Privacy Policy here. You can also learn more about how to exercise certain choices regarding cookies and interest-based advertising at http://www.aboutads.info/choiceshttp://www.aboutads.info/appchoices and http://www.networkadvertising.org/choices/.

For easy access, here are links on how to manage cookies from some of the more popular browsers:

We do not represent that these third-party tools, programs or statements are complete or accurate. Clearing cookies or changing settings may affect your choices and you may have to opt-out separately via each browser and other device you use. Cookie-enabled opt-out signals may no longer be effective if you delete, block, or clear cookies. We are not responsible for the completeness, accuracy or effectiveness of any third-party notices or choices.

Third parties may collect personal information through this Service for advertising, analytics and other purposes. Please visit here to opt-out of the sale of personal information by participating third parties. This is a third party program and we are not responsible for its effectiveness. You must opt out on every device and browser you use in order to effectuate your “Do Not Sell” requests from these parties. However, opting out does not mean you will stop seeing ads and you may continue to still see interest based ads. To learn more about interest-based advertising and additional opt-out choices related to it, please visit here or here.

Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you so we currently do not recognize these as a do not sell request. Further, there is not currently a consensus as to how various user-enabled privacy or “do not track” signals or settings should be treated or what they mean, so we will not look for or respond to any that are not expressly listed here as programs in which we participate or otherwise accept, which may change as programs evolve. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.

We do not knowingly sell the PI of Consumers under 16. 

We may disclose your PI for the following purposes, which are not a sale: (i) if you direct us to share PI; (ii) to comply with your requests under the CCPA; (iii) disclosures amongst the entities that constitute Company as defined above, or as part of a merger or asset sale; and (iv) as otherwise required or permitted by applicable law.

C. Delete:

Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Our retention rights include, without limitation, to complete transactions and services you have requested or that are reasonably anticipated, for security purposes, for legitimate internal business purposes, including maintaining business records, to comply with law, to exercise or defend legal claims, and to cooperate with law enforcement. Note also that we are not required to delete your PI that we did not collect directly from you. 

To make a request, follow the instructions at our Consumer Rights Request page here or call us at 1-888-285-1935

However, you may alternatively exercise more limited control of your PI by instead exercising one of the following more limited opt-outs: for promotional emails, following the opt-out instructions provided in email communications, or if available by changing your communication preferences by logging onto your account; and (ii) for text messages, following the instructions provided in text messages from Henkel to text the word, “STOP”; and (iii) for app push notifications turn off push notifications on the settings of your device and/or the app, as applicable. 

D. Non-Discrimination and Financial Incentive Programs:

We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale, retention and use of your PI as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. While we do not currently offer any such program, should we do so in the future the material terms will be explained and described in its program terms, and a link to those terms will be provided here. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above so check them regularly.

E. Authorized Agents:

Authorized agents of Consumers may make a request by visiting here or calling 1-888-285-1935. As permitted by the CCPA, any request you submit to us is subject to an identification and verification process, and confirmation of the agent’s authority, which may include attestation under penalty of perjury. Absent a power of attorney, we will also require the Consumer to verify their own identity. We may verify identity based on matching information you provided with data we have maintained on you in our systems. This data could include, but is not limited to, email address, mailing address, or phone number.

F. Limitation of Rights:

Notwithstanding anything to the contrary, we may collect, use and disclose your PI as required or permitted by applicable law and this may override your CCPA rights. In addition, we need not honor any of your requests to the extent that doing so would infringe upon our or any other person or party’s rights or conflict with applicable law.

4. Additional California Notes.

In addition to CCPA rights, certain Californians are entitled to certain other notices, including:

A.  Third Party Marketing and Your California Privacy Rights:

Separate from your CCPA “Do Not Sell” rights you have the following additional rights regarding disclosure of your information to third parties for their own direct marketing purposes:

Although as of the Effective Date of this revised Notice it was not Henkel’s current practice toshare your “personal information” as defined by California’s “Shine the Light” law with third parties, other than Henkel affiliated companies and subsidiaries, for such third parties’ own direct marketing purposes without your consent, we reserve the right to do so. Accordingly we provide California residents with the option to opt-out of our sharing of such data for those purposes to third parties other than Henkel affiliated companies and subsidiaries. California residents may exercise that opt-out, and/or request information about Henkel’s compliance with the Shine the Light law, and obtain disclosure of affiliated companies and subsidiaries Henkel has shared information for their direct marketing purposes absent your choice and the categories of information shared, by contacting Henkel at PrivacyNA@henkel.com, or by sending a letter to Henkel at: 

Attention: Henkel Privacy Inquiries
Privacy Officer Department
Henkel Corporation
One Henkel Way
Rocky Hill, CT 06067

Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that Henkel is only required to respond to one request per customer each year, and Henkel is not required to respond to requests made by means other than through the provided e-mail address or mail address.

As these rights and your CCPA rights are not the same and exist under different laws, you must exercise your rights under each law separately.

B. Online Privacy Practices:

For more information on our online practices and your California rights specific to our online services see our online Privacy Policy posted on our North America Brand websites and our North American corporate Data Protection Statement. Without limitation, Californians that visit our online services and seek or acquire goods, services, money or credit for personal, family or household purposes are entitled to the following notices of their rights:

Tracking and Targeting:

When you visit our online services, we and third parties may use tracking technologies to collect usage information based on your device for a variety of purposes, including serving you advertising, based on your having visited our services or your activities across time and third-party locations. Some browsers may enable you to turn on or off a so-called “Do Not Track” signal. Because there is no industry consensus on what these signals should mean and how they should operate, we do not look for or respond to “Do Not Track” signals. For more information on tracking and targeting and your choices regarding these practices, see Section 11 of our general Privacy Policy here.

California Minors:

Although our online service(s) are intended for an audience over the age of majority, any California residents under the age of eighteen (18) who have registered to use our online services, and who posted content or information on the service, can request removal by contacting us here, detailing where the content or information is posted and attesting that you posted it. We will then make reasonably good faith efforts to remove the post from prospective public view or anonymize it, so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished or archived content by search engines and others that we do not control.

5. Contact us

For more information on your California privacy rights contact us at 1-888-285-1935 or email us at PrivacyNA@henkel.com. You may also use our California Consumer Rights Portal found here. Or, write to us at:

Henkel Privacy Inquiries
Compliance Officer
Henkel Corporation
One Henkel Way
Rocky Hill, CT 06067