TERMS, CONDITIONS, and PRIVACY POLICY

Terms of Use

Glidden.com is owned and operated by the AkzoNobel group of companies, including, without limitation, Akzo Nobel Paints LLC (fka The Glidden Company dba ICI Paints) ("Akzo Nobel Paints"). These Terms of Use, Privacy Policy, Return and Refund Policy and Disclaimers contain important information about this website. Please carefully read the following Terms of Use, Privacy Policy, Return and Refund Policy Privacy Policy, Return and Refund Policy and Disclaimers before using the Glidden.com Web Site. By using our Web Site, you agree to these policies. If you do not agree to these terms and policies, you may not use this site. We reserve the right, at any time, to modify, alter or update these Terms of Use, Privacy Policy, Return and Refund Policy and Disclaimers you agree to be bound by such modifications, alterations or updates.

Copyright

All content included in our Web Site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Akzo Nobel Paints or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on Glidden.com is the exclusive property of Akzo Nobel Paints and protected by U.S. and international copyright laws. All software use on Glidden.com is the property of either Akzo Nobel Paints or its software suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of Glidden.com for the sole purpose of placing an order on Glidden.com or using the Web Site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on Glidden.com is strictly prohibited.

Ownership of Photos Submitted to the Glidden.com Web Site

By submitting a photo to the Glidden.com Web Site, you agree represent and agree that:

1. You are eighteen (18) years of age or older;
2. All photos submitted by you become the property of Akzo Nobel Paints;
3. Akzo Nobel Paints may duplicate, reproduce, copy and make whatever use it desires of your photographs, except that Akzo Nobel Paints will not use your private personal information in association with your photographs;
4. Your photographic images may be included in videos or photographic likeness or pictures in whole or in part, in composite or distorted form, alone or with others or in color or otherwise, made through any medium including electronic format such as that available on the Internet; and
5. You waive any rights that you may have based on Akzo Nobel Paints' use of your photographs or the use to which they may be applied.

Trademarks

All trademarks, logos, service marks and trade names are proprietary to Akzo Nobel Paints, or other respective owners that have granted Akzo Nobel Paints the right and license to use such intellectual property.

Disclaimer

The information, services, products offered for sale and materials contained in and/or advertised on Glidden.com, including, without limitation, text, graphics and links, are provided on an "As Is" basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AKZO NOBEL PAINTS AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, Akzo Nobel Paints and its suppliers do not represent or warrant that the information accessible via Glidden.com is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.

Product Information

Products displayed on our Web Site are available while supplies last. In some cases, merchandise displayed for sale on Glidden.com may not be available in stores. The prices displayed on the Web Site are quoted in U.S. dollars and are valid and effective only in the United States. The particular technical specifications and settings of your computer and its display could effect the accuracy of its display of the colors of products offered on the Web Site.

Product Returns and Refunds

All requests for replacement products or refunds must be made within 30 days of order shipment.

Customer satisfaction is our goal. In the event that product was damaged in shipment, the incorrect quantity was shipped, or the order was lost in shipment, we will replace with like product. Refunds are available only if incorrect dollar value was charged to the customer's credit card based on the order entered and shipped. All requests for replacement or refund must be made through 1-800-GLIDDEN.

All purchases on our site include information and instructions for replacing or crediting an item.

All refunds will be credited to the original form of payment only. Your credit card account will be credited upon authorization of refund, and your credit should appear on a subsequent statement.

If a replacement product is required per this policy, we will pay the shipping cost to send a replacement item to you. The replacement order will be sent via Standard Ground Delivery.

Requesting a replacement product or refund:

All requests for replacement or refund must be made through 1-800-GLIDDEN within 30 days of shipment of order.

Changes to Orders:

Once an order is placed on Glidden.com changes cannot be made. For assistance please call our Consumer Call Center at 1-800-GLIDDEN.

User Reviews and Other Comments

All reviews, comments or other submissions provided to us on or about this site, or otherwise submitted in connection with your use of the Web Site, shall be and remain Akzo Nobel Paints' property. Such disclosure, submission or offer of any comments shall be deemed an assignment to Akzo Nobel Paints of all worldwide rights in all intellectual properties relating to the comments.

You agree that no comments submitted by you to us will violate any right of any third party, including copyrights, trademarks, privacy or other personal or proprietary right(s). You further agree that no comments submitted by you to the site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.

You agree that Akzo Nobel Paints may use and/or disclose information consistent with our Privacy Policy.

Electronic Communications to You

You agree that Akzo Nobel Paints is authorized to transmit electronic mail to you for the purpose of informing you about your particular transaction, the Glidden.com site or our products or services, or for such other lawful purpose(s) as Akzo Nobel Paints deems appropriate.

Links to Other Web Sites and Services

The Glidden.com Web Site may contain links to web sites other than our own. We do not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. We do not control the content of these sites and take no responsibility for their content, nor should it be implied that we endorse or otherwise recommend such sites or the products or services offered.

Limitation on Liability

IN NO EVENT SHALL AKZO NOBEL PAINTS OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Applicable Law

The Glidden.com Web Site is created and controlled by Akzo Nobel Paints. The laws of the State of Ohio will govern these disclaimers, terms of use and privacy policy without giving effect to any principles of conflict of law. We reserve the right to make changes to our Web Site and these disclaimers, terms and conditions at any time.

Privacy Policy

Your privacy on the Internet is important to us at Glidden.com. Glidden.com is owned and operated by the AkzoNobel group of companies, including, without limitation, Akzo Nobel Paints LLC (fka The Glidden Company dba ICI Paints) ("Akzo Nobel Paints"). Our online privacy policy ("Privacy Policy") describes the types of information we gather online and how we use it. Please read this information carefully. If the online information practices on Glidden.com change, we will let you know by posting the Privacy Policy adjustments on our Web Site. At that time, we will remind you that you always have the opportunity to opt out of any new use of your Personal Information (as more fully set forth below). Our policies relating to the transfer of Personal Information from the European Union ("EU") to the United States are contained in our European Safe Harbor Policy.

Use of Information

We gather certain types of customer information in an effort to improve your shopping experience and to communicate with you about our products, services, promotions and contests. Akzo Nobel Paints may also use this information to make offers to you, help us develop and improve Glidden.com and tailor our site to your interests.

Information Collected

We collect two types of information about users: "Personal Information" (such as name, email address, mailing address, phone number, credit card number and the items you purchase) and "Aggregate Information" (such as information about how many users log on to our sites on a daily basis).

Personal Information Collected

Personal Information is collected online when users voluntarily register with Glidden.com to purchase items, receive electronic newsletters, use community and communication services, answer surveys and enter contests and other promotional opportunities provided on Glidden.com, when users make a purchase, and when users utilize the "Email to a Friend" feature. We also maintain a record of your product interests and purchases online.

Aggregate Information Collected Online

Aggregate Information is non-personally identifiable/anonymous information about you, such as age, gender, types of products purchased, pages you access most frequently or search terms you enter. Aggregate Information is used in a collective manner, and no single person can be identified by that compiled information. For example, the number of people who shopped at Glidden.com during a specific time period is Aggregate Information that does not personally identify a specific user. Tracking Internet Protocol (IP) addresses is one method of collecting Aggregate Information about your activities online and information volunteered by you. An IP address is a number that is automatically assigned to your computer whenever you surf the Web. The computers, which deliver the Web pages to you, automatically identify your computer by its IP address. When you request a page from our site, our servers log your IP address.

Sharing Information Collected Online with Third Parties, Service Providers, Consultants and Affiliates

We do not share, sell or trade with third parties your Personal Information gathered online, such as email addresses, Personal Information collected as part of an online survey or other specific details about you, except with your consent or as described in this Privacy Policy. We do not contribute to or participate in cooperative databases, which give other companies access to such Personal Information. For privacy purposes, all information relating to our customers is stored on a secure server, and all credit card information is stored in an encrypted format.

We may share Personal Information gathered online with our service providers (for example, a credit card verification service and an order fulfillment service) and consultants or for any internal business purpose. We may also disclose Personal Information if such action is required to enable us or any of our service providers or consultants to comply with any valid legal process, such as a subpoena, search warrant, statute or court order, or any valid administrative request from a law enforcement agency. We may also disclose Personal Information if we or any of our service providers or consultants believes that the Web Site has been used to commit unlawful acts or acts that may endanger the health or safety of another user or of the general public.

We may share Aggregate Information with affiliates, service providers and consultants for any internal business purpose and with third parties for their advertising and promotional purposes.

Use of Cookies

A cookie is a small data file that web sites, when you visit them, often store on your hard drive. A cookie may contain information (such as unique user ID), which is used to track the pages of the sites you've visited. Cookies are essential to the functioning of this site which will not function if you do not have cookies enabled. You can set your browser to refuse cookies, or to alert you when cookies are being sent. If you turn off cookies or refuse them, though, you will not be able to buy goods from us and we will be unable to recognize you as a registered user to allow you access to secure areas of this website.

Notice to P3P Users

The Platform for Privacy Preferences Project ("P3P") is a standard developed by the World Wide Web Consortium ("W3C") that provides an automated, machine-readable mechanism for understanding the use of your Personal Information by the web sites you visit. P3P uses a standardized set of multiple choice questions covering the major elements of a web site's privacy policy to provide a cross-section of how the particular web site handles the personally identifiable information of its users. P3P-enabled browsers can automatically read this set of preferences made available by P3P-enabled web sites and compare this information to the user's own set of privacy preferences. For example, Internet Explorer 6.0 requires third parties to set cookies to deliver P3P "compact" cookie policies with their cookies, and other browsers may use this mechanism soon. To enhance your online experience further, the Glidden Web Site is now P3P enabled. For more information on the W3C and P3P, please visit http://www.w3.org/P3P/. Given certain limitations in the parameters chosen by W3C, however, the P3P mechanisms may not describe Glidden.com's privacy practices as accurately as this Privacy Policy. Accordingly, where discrepancies exist between this Privacy Policy and the P3P "compact" policies, this Privacy Policy shall control.

Security and SSL

Protecting your order information is a priority for us. We use Secure Sockets Layer (SSL) technology to protect the security of your online order information. To check the security of your connection, look at the lower right-hand corner of your browser window after accessing the server. If you see an unbroken key or a closed lock (depending on your browser), then SSL is active and the server is secure. You can also double-check by looking at the URL line of your browser. When accessing a secure server, the first characters of the site address will change from "http" to "https." Some versions of browsers and some firewalls don't permit communication through secure servers. In that case, you won't be able to connect to the server and therefore won't be able to place an order through a secure connection. If you cannot access the secure server for any reason, please print our shopping page and place your order by phone at 1-800-Glidden (1-800-454-3336).

E-mail and Electronic Newsletters

Akzo Nobel Paints and its affiliates may offer electronic newsletters and emails to those who have provided their email address. You will only receive a newsletter or email if you agree during registration or directly from our newsletter sign up form to receive these items. Unsubscribe instructions are included in each electronic newsletter and email. Please note that when you make a purchase from Glidden.com we will send you an email to confirm your order and may also need to contact you via phone, postal mail or email if we have other questions regarding your order.

Information Removal

If you prefer not to receive marketing emails from us, please let us know by sending us an email at gliddenpaint@ici.com. If you prefer not to receive marketing mail via the mail carrier, please let us know by sending a request to Akzo Nobel Paints, 16651 W. Sprague Rd., A13o8, Strongsville, OH 44136. Please be sure to include in any email or postal mail your full name, email address, postal address and any message.

Please note that such requests may take up to ten (10) days to become effective.

Children and Privacy

We are concerned about the safety of children when they use the internet, and understand that children may not understand all the provisions of our Privacy Policy or make informed decisions about the choices that are made available to adult users of the Glidden.com Web Site. We encourage parents and guardians to spend time with their children online and to be familiar with the sites their children visit. 

The Glidden.com Web Site is not directed to children under the age of 13, and we will never request personally identifiable information from anyone whom we know to be under the age of 13 without verifiable parental consent. If we become aware that a customer is under the age of 13 and has registered without prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files.

Links to Other Sites

Glidden.com may contain links to sites other than our own. Those sites may have their own privacy policy, or no privacy policy at all. Neither we nor any of our service providers have any responsibility for those sites, and we provide these links solely for the convenience of our visitors. Such links may be to advertisers, content providers or other companies who may use our logo and/or style as a result of a co-branding agreement. These sites may send their own cookies to you and may collect information and use it in a way inconsistent with Glidden.com's Privacy Policy. We encourage you to review the privacy policies and terms of use of any third-party sites or services before providing any of them with any of your Personal Information. Neither Akzo Nobel Paints nor any of our service providers control the content that appears on these sites or take any responsibility for their content, nor should it be implied that Akzo Nobel Paints endorses or otherwise recommends such sites or their products or services offered.

Corrections To Personal Information Collected Online

If at any time you wish to change, correct, update or removal of your Personal Information, please send your request to gliddenpaint@ici.com. Please be sure to include your email address, full name and postal address.

Additional Information

No transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Akzo Nobel Paints to intercept or access transmissions or private communications unlawfully. While we strive to protect your Personal Information, neither Akzo Nobel Paints nor any of our service providers can ensure or warrant the security of any information you transmit to us. Any such transmission is done at your own risk. If you choose to visit our site, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Use, including but not limited to limitations of damages and application of the law of the State of Ohio. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL AKZO NOBEL PAINTS OR ANY OF OUR SERVICE PROVIDERS OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF THE INFORMATION OR MATERIALS ON THE GLIDDEN.COM SITE, EVEN IF AKZO NOBEL PAINTS OR ANY OF OUR SERVICE PROVIDERS OR AFFILIATES, OR AN AUTHORIZED REPRESENTATIVE OF AKZO NOBEL PAINTS OR ANY OF OUR SERVICE PROVIDERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Acceptance of Terms

By using the Glidden.com Web Site, you signify your acceptance of and agreement with our Terms of Use, Return and Refund Policy, Disclaimers and Privacy Policies with respect to any products you purchase, any photographs you submit and any Aggregate and Personal Information collected. If you do not agree to all of these Terms of Use, Return and Refund Policy, Disclaimers and Privacy Policies, please do not use the Glidden.com Web Site. Your continued use of the Glidden.com Web Site following the posting of changes to these terms will mean that you accept these changes accordingly.

Last modified: April, 2009

European Safe Harbor Policy

Any Personal Information collected by us in the Europe Union ("EU") and transferred to the United States is subject to EU Data Directive 95/46/EC on the Protection of Individuals with regard to the Processing of Personal Data (the "EU Data Directive"). As described below in this policy (this "European Safe Harbor Policy") and in our Privacy Policy, we adhere to the EU Data Directive's "Safe Harbor Principles." General information about the Safe Harbor Principles may be found at http://europa.eu.int/comm/internal_market/privacy/index_en.htm.

All Personal Information that we collect will be used only for the purposes described in our Privacy Policy. You should know that you always have the opportunity to choose to have us remove your Personal Information from our database and/or refrain from disclosing such information to any third party.

Please send any such opt out requests in writing to Akzo Nobel Paints, 16651 Sprague Rd. A138, Strongsville, OH 44136. 

To the extent that we transfer any Personal Information from the EU to the United States, we take reasonable steps to assure that the information which is transferred is reliable for its intended purpose, accurate, complete, and current. We also take reasonable measures to protection such Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction.

Any third party that assists us in the processing or maintaining our database of Personal Information is required by us to agree to provide at least the same level of privacy protection as is mandated by the Safe Harbor Principles described in the EU Data Directive.

We are committed to educating our employees, customers, and users about compliance with the EU Data Directive. If you have any questions, concerns, or complaints about our compliance with the EU Data Directive, please contact gliddenpaint@ici.com. Our Customer Service Web Site Administrator will provide details regarding the process to be followed when filing a complaint.

We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the principles of the EU Data Directive. Any other controversy or claim arising out of or relating to our adherence to the EU Data Directive, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") in accordance with its applicable commercial rules, provided, further, that any arbitrator shall be either an attorney or retired judge having significant and recognized experience with and knowledge of privacy issues and information technology. The arbitration panel should apply New York law, without regard to it conflict of laws principles, as well as the Safe Harbor Enforcement Principle issued by the U.S. Department of Commerce (http://www.export.gov/safeharbor/SHPRINCIPLESFINAL.htm). In addition, the exclusive location for such arbitration shall be New York, NY. All decisions of the arbitration panel shall be final and binding on the parties, which waive any right to further appeal the arbitration award, to the extent an appeal may be lawfully waived.

We are also subject to the jurisdiction of the US Federal Trade Commission. The Federal Trade Commission may be contacted at the following address:

Federal Trade Commission
Attn: Consumer Response Center
600 Pennsylvania Avenue NW
Washington, DC 20580
consumerline@ftc.gov
www.ftc.gov