Privacy Policy (us positec group companies)

GENERAL

At Positec Tool Corporation (“Positec” or “we”), we are committed to protecting and respecting your privacy. This privacy policy applies to all users of Positec’s Kress websites, mobile applications or apps, and services, including but not limited to www.kress.com (“Kress”), and all applications related to Positec’s Kress products and services (individually, the “Site” or collectively, the “Sites”). In addition, this privacy policy applies to all information we may collect from our Kress business partners, including vendors, customers and dealers. Users of our Kress websites, mobile applications, and services, and our business partners, are individually or collectively referred to in this privacy policy as “You.”

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us, without regard to whether that information is held in electronic or hard-copy format. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

The data controller is Positec Tool Corporation, whose primary office is 929 Jay Street, Suite 200, Charlotte, NC 28208.

We take information security seriously and have in place appropriate physical, electronic and administrative procedures to safeguard and secure the Personal Data we collect through our websites, and to help prevent unauthorized access, maintain data security and correctly use the information we collect online.

INFORMATION WE MAY COLLECT FROM YOU

The Personal Information we collect about you depends on how you choose to use our website or interact with us. Depending on your use, we may collect and process usage data, your name, and contact information, your username and password, your payment information, records of your orders from our online e-commerce sites, any information you provide when you fill out online forms or surveys, and your IP address. We may collect and process the following data about you:

Information that you provide by filling in paper or electronic forms, including but not limited to online product registration or other forms on our Sites. This includes information you provide at the time of registering to use our Sites, registering your product for warranty purposes, subscribing to our promotional or other communication services, or requesting further services. We may also ask you for information when you enter competitions or promotions or if you report a problem with our site.
If you contact us, we may keep a record of that correspondence.
Information you provide to us when completing surveys that we use for research purposes.
Details of transactions you carry out through our Sites or other means and of the fulfillment of your orders.
Details of your visits to our Sites and the resources that you access.

We may operate sweepstakes, contests, raffles, and similar promotions through the Site that may require online registration. We typically ask you for certain personal information when you enter and, if applicable, win a sweepstake, contest, raffle or similar promotion. We may share this personal information with third-party sweepstakes, contest, raffle or promotion administration companies or otherwise in accordance with the rules applicable to such sweepstakes, contest, raffle or promotion. You should carefully review the rules of each sweepstake, contest, raffle or promotion in which you participate through the Site, as they may contain additional important information about Positec’s use of your personal information. Insofar as the terms and conditions of such rules concerning the treatment of your personal information conflict with this Privacy Policy, the terms and conditions of such rules shall control.

IP ADDRESSES

When you visit our Site, we may collect certain information automatically from your device. In some jurisdictions, including countries in the European Economic Area, this information may be considered personal information under the applicable data protection laws.

Specifically, the information we collect automatically may include information about your computer or other electronic devices used to access our Sites, like your IP address, device type, unique device identification numbers, browser type, broad geographic location (country or city-level location), third party webpages accessed from our Site, and other technical information. We may also collect information about how your device has interacted with our Site, including the pages accessed and links connected, including content accessed.

Collecting this information enables us to better understand the visitors who come to our Site, where they come from, and what content and functionality is of interest to them. We use this information for our internal analytics purposes and to improve the quality and relevance of our Site to our visitors and customers.

We may report aggregate, de-identified information to third party providers with whom we have contracted to provide data analytics purposes. This is statistical data about our users’ browsing actions and patterns and does not identify any individual user.

We also engage one or more third-party service-providers for the purpose of identifying users and delivering to them marketing on our behalf (i.e. email or direct mail). Our service-providers may collect information directly from your device, such as your IP address, device ID, and information about your browser or operating system; may combine personal and non-personal information about you with information from other sources; and may place or recognize a unique cookie on your browser. This activity enables them to identify you to facilitate the delivery of marketing on our behalf. To opt out of recognition services, please go to https://idx.listrakbi.com/opt-out.html. To opt out of third-party cookies, please go to http://www.aboutads.info/choices.

COOKIES AND OTHER TECHNICAL INFORMATION

We may send “cookies” to your computer to enhance your online experience and to provide you with information on our products and special offers that are more relevant on a personal level. “Cookies” are files that can identify you as a unique customer and store your personal preferences as well as technical information (including click through and clickstream data). Cookies can either be permanent (i.e., they remain on your computer until you delete them) or temporary (i.e., they last only until you close your browser). We may also use “Web beacons” that monitor your use of our websites. Web beacons are one-pixel transparent images (although they can be visible images as well) located on a Web page or in an e-mail or other type of message and are hosted on a server enabling the verification of a user’s viewing or receipt of a Web page or message. Web beacons can be used to track the IP (Internet Protocol) address of the computer or device that downloaded the page on which the Web beacon appears, the URL (Uniform Resource Locator) of the page on which the Web beacon appears, the time the page containing the Web beacon was viewed, the type of browser used to access the Web page containing the Web beacon and the identification number of any cookie on the computer or device previously placed by the server hosting the web beacon. When we correspond with you via HTML capable e-mail, Web beacons let us know whether you received and opened our e-mail. On their own, cookies or Web beacons do not contain or reveal any personally identifiable information. However, if you choose to furnish the website with personally identifiable information, this information can be linked to the data stored using cookies/Web beacons.

We work with third-party advertising networks to either display advertising on our site or to manage our advertising on other sites. Those networks may use cookies and web beacons to collect information about your activities on our site and other sites to provide you targeted advertising based upon your interests. These technologies and the information collected may be used to track your activity across multiple devices. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by using the contact details provided under the “Contact Us” heading below. Please note that this does not opt you out of being served advertising. You may continue to receive generic ads.

By accepting this Privacy Notice, you specifically agree to our use of cookies and Web beacons as described herein. You may adjust your browser to reject cookies from us or from any other website. If you have a Flash player installed on your computer, your Flash player may be able to be set to reject or delete Flash cookies. Please consult the “Help” section of your browser or Flash player for more information. Additionally, by setting your Web browser to display HTML e-mails as text only, you may be able to prevent the use of some Web beacons. However, you should be aware that disabling cookies or similar devices might affect the efficiency of your access to our content.

WHERE WE STORE YOUR PERSONAL DATA

The data that we collect from you may be transferred to and stored at, a destination outside the United States or European Economic Area (“EEA”). It may also be processed by staff operating outside the United States or EEA, who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfillment of your order, the processing of your payment details, the delivery of products to you, and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Our Sites use various appropriate technical and organizational security measures, which may include, but are not limited to, network and host security controls (e.g., firewalls, intrusion detection systems), data encryption (both at rest and during transmission), and operating procedures that are designed to protect your personal information. You should protect your user ID and password and not share it with anyone. If you believe your user ID and password have been compromised or you have trouble changing your user ID or password, please contact us using the contact details provided under the “Contact Us” heading below.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

USES MADE OF THE INFORMATION

We use information held about you in the following ways

To ensure that content from our site is presented in the most effective manner for you and for your computer.
To provide you with information, products or services that you request from us, or which we feel may interest you, where you have consented to be contacted for such purposes.
To carry out our obligations arising from any contracts entered into between you and us.
To allow you to participate in interactive features of our service, when you choose to do so.
To notify you about changes to our service.

We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services, which may be of interest to you, and they or we may contact you about these by email or physical mail. You may opt-out of receiving emails from us providing you with information about goods and services at any time by contacting us at the Contact information listed in the “Contact” section of this Privacy Policy.

We will contact you by electronic means (SMS, MMS or telephone) with information about goods and services only if you have consented to this.

DISCLOSURE OF YOUR INFORMATION

How we use and disclose this information:

We may use the information you provide us in order to respond to your inquiries about our services and to send you periodic updates about our products and special offers. We may use the information that we collect to improve the design and content of our publications and websites and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze website usage.
We will disclose information we maintain when required to do so by law, for example, in response to a court order or subpoena. We may also disclose such information in response to a law enforcement agency’s request, to exercise, establish or defend our legal rights, or to protect the rights, property, or safety of Positec, our employees, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
We may use third-party partners to help operate our website and deliver our products and services, and we may share your information with our service providers and other third parties that provide products or services for or through this website or for our business.
Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Notice.
Because we operate internationally, and many of our computer systems are currently based in the United States, your personal information may be processed by us in the U.S., where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union and Canada.
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company, and its subsidiaries.
We may disclose your personal information to third parties:

In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If Positec or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

YOUR RIGHTS

You have the following data protection rights:

If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting us using the contact details provided under the “Contact Us” heading below. Note that if you submit a request to delete your personal information, this may reduce the efficiency of your use of the Site or our services provided to you.
You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us using the contact details provided under the “Contact Us” heading below.
If we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
In certain countries, you may have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority, if applicable.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

Our site may, from time to time, contain links to and from Third-party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. You should consult the other websites’ privacy notices, because we have no control over information that is submitted to, or collected by, these third parties. The inclusion of a link to a third-party website does not imply endorsement of the website by Positec or any association with the third-party website’s operators.

INFORMATION FOR NEVADA RESIDENTS

Nevada law permits customers in Nevada to opt-out of the sale of certain kinds of personal information. A sale under Nevada law is the transfer of this personal information to third parties for monetary consideration so these third parties can then re-sell or license the sold information. Positec does not sell your personal information to third parties as defined in Nevada law. If you are a Nevada resident and wish to obtain information about our compliance with Nevada law, please contact us using the contact details provided under the “Contact Us” heading below.

INFORMATION FOR CALIFORNIA RESIDENTS

This Information for California Residents is designed to inform California residents about the information that Positec collects and applies to visitors, users, and others who reside in the State of California (“consumers” or “you”). We are providing this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect.

We have collected the following categories of personal information from California consumers within the last twelve (12) months:

Category	Type of Identifiers We Collect
Identifiers.	First and last name, postal address, unique personal identifier, online identifier, date of birth, Internet Protocol address, email address, account name, photographs, video images
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	Name, address, telephone number, credit card number, debit card number, or any other financial information.
Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
Geolocation data.	Physical location or movements.
Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, predispositions, behavior, attitudes, abilities, and aptitudes.

How We Use Information We Collect.

We use your personal data in ways that are compatible with the purposes for which it was collected or authorized by you, including for the following purposes:

Category	The Purpose for Collection
Identifiers.	To present, operate or improve the Site and Services, including analysis of Site activity; To inform you about products and Services available from Positec; To authorize access to our Sites and Services; To validate your identity or verify communications from you; To offer and administer programs; To customize or tailor your experience of the Services; To communicate about, and administer your participation in, special programs, surveys, contests, online campaigns, online programs, sweepstakes, prize draws and other offers or promotions, and to deliver pertinent emails; To send you confirmations, updates, security alerts, and support and administrative messages and otherwise facilitate your use of, and our administration and operation of, the Services; For marketing purposes, including but not limited to, facilitating interest-based advertising, creating custom audiences to target online and mobile advertising, sending integrated marketing messages across channels and devices, personalizing email marketing that we send to you, sending you other promotional materials, and notifying you about special promotions, offers, events or opportunities that may be of interest to you; To improve our customer service, conduct customer satisfaction, market research, and quality assurance reviews; To respond to and support users regarding their use of the Sites and Services; To administer general recordkeeping; To comply with all applicable legal requirements; To investigate possible fraud or other violations of our Terms of Use or this Privacy Policy and/or attempts to harm our guests or visitors. For any other purpose that is disclosed to you at the point of collection of the personal information, for any purpose for which you provide your prior consent, or for any other lawful purpose.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code§ 1798.80(e)).	To present, operate or improve the Site and Services, including analysis of Site activity; To inform you about products and Services available from Positec; To authorize access to our Sites and Services; To validate your identity or verify communications from you; To offer and administer programs; To customize or tailor your experience of the Services; To communicate about, and administer your participation in, special programs, surveys, contests, online campaigns, online programs, sweepstakes, prize draws and other offers or promotions, and to deliver pertinent emails; To send you confirmations, updates, security alerts, and support and administrative messages and otherwise facilitate your use of, and our administration and operation of, the Services; For marketing purposes, including but not audiences to target online and mobile advertising, sending integrated marketing messages across channels and devices, personalizing email marketing that we send to you, sending you other promotional materials, and notifying you about special promotions, offers, events or opportunities that may be of interest to you; To improve our customer service, conduct customer satisfaction, market research, and quality assurance reviews; To respond to and support users regarding their use of the Sites and Services; To administer general recordkeeping; To comply with all applicable legal requirements; To investigate possible fraud or other harm our guests or visitors. For any other purpose that is disclosed to you at the point of collection of the personal information, for any purpose for which you provide your prior consent, or for any other lawful purpose.
Commercial information.	To provide you with products and Services. To offer and administer programs. To comply with all applicable legal requirements. To facilitate registration or access or otherwise onboard a dealer or consumer as part of a new customer relationship. To respond to customer service inquiries initiated by the consumer or dealer. To improve products and services.
Internet or other similar network activity.	To authorize access to our Sites and Services. To provide you with Services. To offer and administer programs. To administer content, promotion, survey or other Site features. To improve our customer service. To respond to and support users regarding their use of the Sites and Services.
Geolocation Data.	To provide you with products and Services. To deliver relevant website content and advertisements to you.
Inferences drawn from other personal information.	To provide you with Services. To offer and administer programs. To administer content, promotion, survey or other Site features. To communicate about, and administer your participation in, special programs, online campaigns, online programs, and to deliver pertinent emails. To improve our customer service. To respond to and support users regarding their use of the Sites and Services.

For more information on our privacy practices, please review our full Privacy Policy. If you have any specific questions regarding this Privacy Policy as it relates to California residents, you can contact us via email or by writing to us at the address listed below in the Contacts section.

CHILDREN

Consistent with the United States federal Children’s Online Privacy Protection Act of 1998, Positec does not knowingly request personally identifiable information from anyone under the age of 13 without requiring parental consent. Any person who provides their personal information to us through our Sites represents that they are older than 12 years of age.

CHANGES TO OUR PRIVACY POLICY

Positec may update this Privacy Policy from time to time in response to changing legal, technical or business developments. The revised Privacy Notice will be posted to this page so that you are aware of the information we collect, how we use it, and under what circumstances we may disclose it. We encourage you to periodically check and review this page so that you know what information we collect, how we use it and to whom we disclose it. Under certain circumstances (for example, in connection with certain material changes), we may also elect to notify you of changes or updates to our Privacy Notice, or to request your consent for such changes, by additional means, such as posting a notice on the front page of our website or sending you an e-mail.

CONTACT

Questions, comments and requests regarding this Privacy Policy are welcomed. You may contact us by email at the following email address and telephone number: [email protected] or (844) 883-2204.

You may also contact us by mail at Positec Tool Corporation, 929 Jay St. Suite 200, Charlotte, NC 28208

For customer service, warranty, product ordering, or any other non-privacy matters, please contact your local Kress dealer.