Privacy Statement
Your privacy is important to us. To better protect your privacy, we provide this Privacy Policy, which explains our online information practices and the choices you can make about the way in which your information is collected and used on this website (this “Website”). Please see our Terms and Conditions for additional information applicable to your use of our Website. By accessing or using any areas of our Website, you expressly consent to the provisions of this Privacy Policy and to our collection, storage, use and disclosure of information obtained from you as described in this Privacy Policy.
The Information We Collect
You do not have to give us personally identifiable information in order to access and browse our Website. However, while on our Website, you may be able to order and buy products, enter promotions, sweepstakes or other contests, participate in a survey, complete a questionnaire or other “information request” form, or otherwise communicate with us, including via email and/or SMS/text messaging. In order to utilize, participate in or otherwise access such products, services or other offerings, you may be required to provide us with your personally identifiable information, which is information that, alone or in combination with other information, allows us to identify you, such as your name, address, phone number, email address, contact preferences, credit card information, financial information or information relating to a support or service issue.
If you provide us with your personally identifiable information, you are giving us permission to use that information for the specific purpose for which it is provided and for any other purpose described in this Privacy Policy. Users unwilling to provide personally identifiable information online can choose not to provide such information, and in some (but not all) situations users may be able to work with a sales representative or customer service representative to utilize our services or other site offerings without providing personally identifiable information. IN ADDITION, IF YOU DO PROVIDE US WITH YOUR PERSONALLY IDENTIFIABLE INFORMATION, YOU MAY HAVE THE ABILITY TO PREVENT US FROM SHARING YOUR INFORMATION WITH THIRD PARTIES IF YOU WISH, AS DESCRIBED BELOW UNDER “Your Options Regarding Personally Identifiable Information”.
We also may collect, store and use certain non-personally identifiable information we receive when you visit our Website or otherwise communicate with us, including via email and/or SMS/ text messaging, and we may aggregate data and information provided by or collected from multiple users (which may include you) in a manner that is not personally identifiable to any individual user (“Aggregated Information”). All non-personally identifiable information we collect and all Aggregated Information we create are our exclusive property. Nothing in this Privacy Policy limits our right to use any such non-personally identifiable information or Aggregated Information in any way (including, but not limited to, monitoring user traffic patterns, analyzing and quantifying user preferences, improving the design and content of our Website, and enabling us to personalize your user experience) or prohibits us from sharing non-personally identifiable information or Aggregated Information with third parties.
How We Use the Information
Information about our customers is an important part of our business, and we share personally identifiable information collected on our Website with third parties only as described below. (Please see “Your Options Regarding Personally Identifiable Information” below for information on how to avoid having your personally identifiable information shared by us.)
Third Parties Not Performing Functions on Our Behalf: At times, we may provide products or services on our Website in cooperation with third parties (“Business Providers”). The products or services provided by Business Providers may be offered in connection with a product or service we offer on our Website or may be provided independently of products or services we offer on our Website. If you express interest in products or services offered by a Business Provider, we may share with the Business Provider personally identifiable information that you provide to us in connection with any such products or services. By expressing interest in any such product or service offered by any Business Provider, you expressly authorize us to provide your personally identifiable information to those Business Providers. Please be aware that the Business Providers with whom we share your personally identifiable information may retain or use your personally identifiable information whether or not you use their products or services, and the privacy and information sharing practices of such Business Providers may differ from those described in this Privacy Policy and are governed by the Business Provider’s privacy policy. It is your responsibility to read the Business Providers privacy policy and familiarize yourself with their information sharing practices. Additionally, we may share personally identifiable information with other third parties to whom you expressly ask us to send your information. If you prefer not to be contacted by any such Business Provider or other third party with whom we share your personally identifiable information, you may follow the “unsubscribe” instructions provided in any email you receive from any such Business Provider or third party or other method described in their privacy policy. You may opt out of our sharing your personally identifiable information with Business Providers and other third parties by following the instructions described below under “Your Options Regarding Personally Identifiable Information”.
Third Parties Performing Functions on Our Behalf: We employ other companies and individuals to perform functions on our behalf. Examples may include fulfilling orders, sending postal mail and email, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments and providing customer service. In connection with their performance of these functions on our behalf, we may share personally identifiable information with such companies and individuals as needed for them to perform their functions on our behalf, but they may not use it for other purposes. If you do not allow us to share your information with these third party providers providing services on our behalf, we may not be able to provide you with products or services.
In-House Promotions: We may from time to time combine information that we receive online with outside records to enhance our ability to market our products and services that may be of interest to you. If you have signed up to receive our emails or SMS/text messages and prefer not to receive marketing information from us, please follow the “unsubscribe” instructions provided on any marketing email you receive from us or by following the instructions described below under “Unsubscribe Requests”.
Disclosure as Part of Legal Process: We reserve the right to release personally identifiable information to third parties to comply with a legal obligation; when we believe in good faith that the law or a governmental authority requires it; to enforce or apply our Terms and Conditions and other policies or agreements; to protect the rights, property or safety of our company, our users or others; or to address fraud protection, credit risk reduction, security and technical issues. By using this Website, you consent to the reservation and exercise of the foregoing rights.
Business Transfers: We may share your personally identifiable information with other entities and our affiliates primarily for business and operational purposes. We may also disclose your personal identifiable information in connection with a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of the business, assets or stock (including in connection with any bankruptcy or similar proceedings).
With Your Consent: Other than as set out above, we will not share your personally identifiable information with third parties without first providing you with notice and the opportunity to withhold consent.
Your Options Regarding Personally Identifiable Information
Except as provided under “Disclosure as Part of Legal Process” and “Business Transfers” you may opt out of our sharing of your personally identifiable information with third parties (other than third parties performing functions on our behalf) by sending us an email with “OPT OUT” in the subject line.
Third Party Online Advertising
We use third-party advertising companies to provide advertisements to you when you visit our Website. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to show you advertisements tailored to your interests on this and other websites and other interactive media and/or to keep track of your response to each ad. For more information on this practice, or to opt out of having this information used by these companies, please visit the Network Advertising Initiative here: http://www.networkadvertising.org/managing/opt_out.asp.
Use of Cookies
We employ technologies such as cookies to assist in data collection and to track visitor Website usage and trends to help us better serve our customers. Certain Website features may only be available through the use of such technology. Use of such technology is a standard practice among Internet Websites; most Internet browsers permit a user to accept, decline or delete cookies.
Collection of Information by Third-Party Sites and Ad Servers
Our Website may contain links to other websites whose information practices may be different than ours. Our Terms and Conditions, Privacy Policy, and Disclaimer may or may not be consistent with the policies and procedures of such third party websites. When you visit such websites our Terms and Conditions, Privacy Policy do not apply to personally identifiable information and other data collected by such third party. You should consult, read and understand the policies and procedures, including the privacy notices, of such third parties before choosing to provide personally identifiable information on any such linked websites.
Our Website may also use a third party ad server to present the advertisements that you may see on our Website. These third party ad servers may use technologies such as cookies, web beacons and clear .gifs to help present such advertisements, and to help measure and research the advertisements’ effectiveness. The use of such technologies by third party ad servers is subject to the privacy policies of the third party ad servers, and is not covered by our Privacy Policy.
Our Commitment to Security
We have in place what we believe to be reasonable physical, electronic and managerial procedures to safeguard and help prevent unauthorized access of, maintain data security for and correctly use the personally identifiable information you have provided or that we otherwise collect on our Website. HOWEVER, WHILE SUCH EFFORTS ARE INTENDED TO ENSURE THE CONFIDENTIALITY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION AVAILABLE TO US AS A RESULT OF YOUR USE OF OUR WEBSITE, WE CANNOT AND DO NOT WARRANT OR GUARANTEE THE ABSOLUTE SAFETY AND SECURITY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.
How You Can Access or Correct Information
You may obtain information regarding the personally identifiable information that you provide or we collect about you via our Website to view and correct any factual errors in such information. Access to personally identifiable information that you provide or we collect via our Website may be accessible for a limited period of time after the point of collection. For example, if you created a password-protected account within our Website, you may return to that portion of the Website to review the personally identifiable information you provided. Alternatively, you may request information about or corrections to your personally identifiable information by sending an email or letter to the street or email address for our business headquarters, the contact information for which can be found via the “Contacts” page accessible on our Website homepage.
Usage Terms
Access to and use of this Website is subject to compliance with this Website’s Terms and Conditions.
Unsubscribe Requests
To unsubscribe from email communications from us, please send us an email with “UNSUBSCRIBE” in the subject line.
Special Note for Parents
This Website you are visiting is a general audience website and was not designed for children. We are not responsible for any access or use of this Website by children. (By way of example, this Website is not intended to sell products for purchase by children.) If you are under 18, you may use our Website only with the involvement of a parent or guardian.
Notice to California Residents – Your California Privacy Rights
If you are a California resident, you may have the right to request and receive information about disclosure of your personally identifiable information to third parties for their direct marketing purposes. Because it is our policy not to share your personally identifiable information with third parties for third-party direct marketing purposes without your consent, we are exempt from the requirement to respond to such requests. If you have any questions about our compliance with this requirement, please contact us via the “Contacts” page accessible on our website homepage.
Notice to California Residents – Do Not Track
At this time, we do not respond to Do Not Track browser settings or signals. In addition, we may use other technology that is standard to the Internet, such as pixel tags, web beacons, and other similar technologies, to track you to our Website. Those tools may be used by us and by third parties to collect information about you and your internet activity, even if you have turned on the Do Not Track signal.
International Users
If you are visiting our Website from a location outside the United States, your connection will be through and to servers located in the United States. By using our Website, or providing us with information, you (a) acknowledge that the Website is subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.
Disclaimer
As noted in this Privacy Policy, we take our commitment to protection of your privacy seriously. However, NOTHING IN THIS PRIVACY POLICY IS INTENDED TO CREATE OR PROVIDE ANY RIGHT OF ACTION FOR ANY VIOLATION.
Miscellaneous
Access to and use of this Website is subject to compliance with this Website’s Terms and Conditions.
This Privacy Policy is governed by the laws of the state in which our business is located, and you hereby consent to the exclusive jurisdiction and venue of state and federal courts located in that state for all disputes arising out of or relating to this Privacy Policy.
You agree that any and all causes of action arising out of or relating to this Privacy Policy shall be resolved individually, without resort to any form of class action.
If for any reason a court of competent jurisdiction finds any provision of this Privacy Policy, or portion thereof, to be unenforceable, all other terms and conditions shall remain in full force and effect.
We reserve the right to amend, change, modify, add to or delete this Privacy Policy from time to time in any manner and for any reason. Such amendments, changes, modifications, additions or deletions shall be effective immediately upon posting, unless otherwise indicated.
Questions
If you have any questions, please contact us at our business headquarters, the contact information for which can be found via the “Contacts” page accessible on our Website homepage.
Supplemental Privacy Notice
We use the analytics and reporting system, Foureyes®, (the “Tool”) provided by our website analytics vendor, Adpearance Holdings, LLC, a Delaware limited liability company.
When used in this Supplemental Privacy Notice (“Tool Privacy Notice”), “we,” “us,” and “our” may refer to us, Wheeler Material Handling (“Dealer”), and/or Adpearance, its affiliates or subsidiaries (collectively, “Adpearance”), as applicable. This Tool Privacy Notice may be posted or displayed separately on the site or may be appended to another privacy notice or policy posted or displayed on the site (“Additional Privacy Notices”). To the extent an inconsistency or conflict arises between the terms of this Tool Privacy Notice and any Additional Privacy Notices, the terms of this Tool Privacy Notice will control with respect to the tool. However, this Tool Privacy Notice applies only with respect to the Tool, and not any other features of the site.
This Tool Privacy Notice describes how the Tool works when you visit this site and on our phone system, and how it collects, uses, and discloses your personal information. Please read this Tool Privacy Notice carefully. We may also update or modify this Tool Privacy Notice at any time by posting it to this site. Please refer to “Effective Date and Modifications” below for the effective date of this Tool Privacy Notice.
By using this site or our phone system, you consent to the collection, use and disclosure of your personal information as described herein. If you do not consent, you may opt-out of the use of the Tool (as set out below).You may withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting the office of our Privacy Officer using the contact information set out below.
How the Tool Works. For each visit to the site, the Tool: (1) identifies the traffic source for the visit; and (2) issues a unique visitor ID number and visitor traffic number. As the user navigates the site, the Tool may track and store the pages visited and features used. The Tool also may collect and link information provided through forms featured on the site or during phone calls with a visitor ID number. Using local storage, the Tool may also store data in the user’s Internet browser or in a data repository on the user’s device for purposes of associating the user with his or her user profile. The Tool operates only on the site and our phone system – it does not track information regarding your use of other sites or activities on other sites.
Purpose of collection.Using the Tool, we collect personal information for purposes related to managing, marketing and developing our businesses as further described herein and including:
- establishing and managing business relations with you
- providing us with information in order to allow us to analyze usage of the site, improve the site, the Tool, and for development of new services and products;
- marketing products and services to you; and
- for other purposes related to the management of our relationship.
Adpearance further collects personal information for purposes of operating and administering the Tool for subscribers of the Tool, such as the Dealer and other third parties.
Information Collected and Usage of Information. The Tool creates a user profile including the user’s visitor ID number and any information the user directly provides through the site or other interactions with the site and/or the company associated with the site (e.g., phone calls and chats). This information may include a user’s personal information, such as name, personal phone number, home address, email address, and similar information, whether or not this information is complete or partially entered by the user. We will not ask for or knowingly associate financial information with your user profile. Unless the user provides us personal information, the information we collect using the Tool and which is associated with the user profile is limited to information automatically collected as a user browses and interacts with the site, such as the user’s browser type, available plugins, Internet service provider, Internet protocol (“IP”) address and/or mobile device ID, and pages visited, features used, and activities performed on the site. Except as otherwise expressly set forth herein, the information collected and associated with a user profile is used, maintained and disclosed in accordance with the restrictions, consents, and permissions in this Tool Privacy Notice and any Additional Privacy Notices (if any), including obligations of confidentiality and restrictions on disclosure to third parties.
You expressly acknowledge and agree that the information associated with your user profile may be used to understand and analyze the usage of the site, and for the purposes of marketing products or services to you. In particular, where it is lawful to do so (please see additional note below on Canada’s Anti-Spam Legislation), the Tool may automatically generate and send email marketing communications to you (to the extent you have provided your email address as part of your interactions with the site and/or the company associated with the site). The content of those email marketing communications may be based on the pages that you have visited and/or the features you have used on the site. To opt-out of receiving the email marketing communications generated by the Tool, please see the Opt-Out instructions below.
Third Party Disclosure.Unless required or permitted by law, the information associated with your user profile will not be used or disclosed to third parties other than for the purpose for which it was collected, without the user’s prior consent.
For purposes of clarity and in addition to any disclosure to third parties described in any Additional Privacy Notice, the information collected by the Tool and/or associated with your user profile may be disclosed by Adpearance to the following category of third parties or as otherwise authorized or required by law:
(i) OEMs: Adpearance partners with various automotive manufacturers (“OEMs”) as a part of their respective certified marketing programs and their affiliates.
(ii) Third Parties: Adpearance is party to certain agreements with third parties with whom it conducts business regarding the Tool and/or the information collected by the Tool and/or associated with your user profile. Adpearance may disclose your personal information to such third parties who may provide services that facilitate the operation of the Tool, assist us in providing an improved customer experience to you, or assist us in providing improved services to Adpearance’s customers.
Blocking and/or Disabling the Tool. The Tool gathers information about the user’s computer hardware and software configurations to identify the user each visit and associate the user with their existing user profile. Unlike a “cookie”, and except for local storage discussed below, the system does not store a file on the user’s computer; therefore, the user information gathered is not deleted when the user clears their cache and/or deletes their cookies. In order to disable the tool, see the Opt Out instructions below.
Opt-Out. The Tool’s opt-out functionality is cookie based, so for it to work for you, your browser must allow third party cookies. If you change computers or browsers or delete this cookie, we will no longer know you have opted out, so you will need to opt-out again. To opt out, Click Here. Note that opting out of cookies on the Dealer’s site will not be an opt out with respect to the Tool.
You may also opt-out of, or withdraw your consent to (where the Canadian Anti-Spam Legislation applies) receiving email marketing communications generated by the Tool by sending a request to support@foureyes.io, or by clicking the unsubscribe link on any such email marketing communication you receive. Please note that clicking the unsubscribe link may only result in your no longer receiving marketing communications generated by the Tool; you may still receive other email marketing communications from the Dealer. If you opt out or withdraw consent with the Dealer or on the Dealer’s site, you will still also need to opt-out or withdraw your consent regarding the Tool as set out in this paragraph.
As noted above, the Tool may also collect and store information (including personal information) locally on your device using mechanisms such as browser web storage and application data caches. Browser web storage enables websites to store data in a browser on a device. When used in “local storage” mode, it enables data to be stored across sessions. Similarly, an application data cache is a data repository on a device. You may stop local storage from being used by modifying your Internet browser settings, but stopping local storage may result in the site having impaired or limited functionality. Furthermore, disabling local storage will not block the Tool from operating; rather, it will only prevent the Tool from collecting and storing information locally on your device. To disable the Tool, see the Opt-Out instructions above. Further, you should refer to the help provided by your Internet browser for the most up-to-date and accurate instructions on disabling local storage.
Do Not Track Signals. IF YOU DO NOT WANT THE TOOL TO GATHER INFORMATION ABOUT YOUR USER PROFILE AND SITE VISIT, NOW AND FOR FUTURE BROWSING SESSIONS,PLEASE REFER TO THE OPT-OUT PROCEDURES ABOVE /OR REFRAIN FROM USING THE SITE. WE DO NOT CURRENTLY RESPOND TO DO NOT TRACK (DNT) SIGNALS.
Accessing, Correcting, Updating Your Personal Information.You have a right to know what personal information we have about you and correct any inaccuracies. To review your information that is collected using the Tool, contact Adpearance by email at support@foureyes.io or by regular mail addressed to Adpearance Holdings, LLC, 525 3rd Street, Suite 311, Lake Oswego, OR 97034.
Data Retention We keep information associated with your user profile for as long as we think is necessary or advisable to fulfill the purposes for which it was collected, and we reserve the right to retain it to the full extent permitted by law. If required by law, a governmental order, or similar legal process, we will disclose your information.
Children. The site is intended for adults who have reached the age of majority in their state, province or territory of residence. The site is not directed at children under age 16. We do not knowingly collect personal information from children under age 16, and if we learn that the Tool has collected information of a child under age 16, we will delete the information.
Canada’s Anti-Spam Legislation. We are committed to complying with Canada’s Anti-Spam Legislation and will only send you email marketing communications (or other commercial electronic messages, as defined in Canada’s Anti-Spam Legislation) where it is lawful to do so. If you have consented to receiving marketing materials from us, you can withdraw your consent to receiving email marketing communications generated by the Tool by sending a request to support@foureyes.io, or by clicking the unsubscribe link on any such email marketing communication you receive. Please note that clicking the unsubscribe link may only result in your no longer receiving marketing communications generated by the Tool; you may still receive other email marketing communications from the company associated with the site.
European Union and United Kingdom Privacy. If the processing of your information in connection with the Tool is subject to the General Data Protection Regulation 2016/679 (“EU GDPR“) or the United Kingdom General Data Protection Regulation (“UK GDPR“) (collectively, the “GDPR“), we have additional obligations and you have additional rights under the GDPR. These rights and obligations are as follows:
We will process your personal information using the Tool in order to support our provision of services in connection with your use of the site. The lawful bases for processing your personal information may include:
- When you have given consent;
- When processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract;
- When processing is necessary to protect Adpearance’s or our legitimate interests or that of a third party, except where such interests are overridden by your interests or fundamental rights;
- When processing is necessary for compliance with a legal obligation to which we or Adpearance are subject; and
- When processing is necessary to protect the vital interests of the data subject or of another natural person.
You have many rights with respect to our processing of your personal information. Depending upon the lawful basis of processing, you may have the right to withdraw consent or object to processing your personal information.
You have the right to be informed about your personal information and how it is being processed, to access, correct and erase personal information, to restrict further processing, to obtain and reuse your data for your own purposes across different services and to object to processing. You also have the right to lodge a complaint with the relevant EU or United Kingdom supervisory authority.
If we transfer your personal information to a recipient in a country outside the European Economic Area or the United Kingdom, we will do so in compliance with applicable laws with respect to such transfer.
Storage in the United States. The Tool is operated and controlled from offices in the United States. If you access the site from locations outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. Your access to the site constitutes your agreement to our storage of your personal information within the United States. You understand that your personal information may be stored and/or processed in the United States, notably at the address indicated above, that it may be subject to the laws of the United States and that it may be accessible to tribunals, courts, law enforcement and regulatory agencies in the United States.
Effective Date and Modifications. This Tool Privacy Notice is effective on August 21, 2023. We may amend this Tool Privacy Notice from time to time. Except as otherwise required by applicable law, our only notification will consist of posting a new policy.
Supplemental State-Specific Privacy Information. We are required by law to provide residents of California, Colorado, Connecticut, and Virginia with certain additional information about their privacy rights under the California Consumer Privacy Act, the Colorado Privacy Act, the Connecticut Data Privacy Act, and the Virginia Consumer Data Protection Act, respectively. This information is available at the following link: Click Here.
Contacting Us. If you have any questions, complaints, or comments about this Tool Privacy Notice, your information, our third-party disclosure practices or your consent choices in connection with the use of the Tool, please contact the privacy officer at privacy@foureyes.io.
