Privacy Policy

Last updated December 31, 2019

Welcome to www.equipmentfr.com (the "Site"), owned and operated by The Collected Group Retail, LLC (“The Collected Group”). This Privacy Policy applies to information collected on the Site and through any location, including but not limited to The Collected Group affiliated domains, where the Privacy Policy is posted (collectively, the “Sites”).

By accessing the Site or allowing someone else to do so on your behalf, you are consenting to our use of your information (both personal and non-personal) in accordance with this Privacy Policy and notices.

We take the privacy, security and confidentiality of personal information, including any personally identifiable information (“Personal Data”) seriously, and use precautions to safeguard it. Please review this Privacy Policy, including the California Notice, Canada Notice, and EU Notice, carefully to understand what information we collect, how we use such information, the ways in which such information may be shared and the ways in which you may update or correct such information, delete such information, or opt out of sharing your data or receiving certain communications.

While not necessarily personally identifiable, we may collect and store information that you provide to us via the Sites, in one of our retail stores, or that you provide to our Customer Service Department, as further described below.

Personal Data

We may collect certain Personal Data provided by our customers, including but not limited to names, date of birth, gender, social media accounts, billing and shipping addresses, email addresses, telephone numbers, credit card numbers and/or expiration dates. Some examples of when such collection may occur are as follows:

• When you make an online purchase, we may collect and use your Personal Data to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations (or other transactional information) and/or to provide customer service and/or future promotional offers and information that might be of interest to you.
• If you complete a form (in print or digitally) within one of our stores or online, we may collect and use your Personal Data to provide you with information about products that may be of interest to you or other requested information.
• If you opt to create an online account with us to track your orders, we may collect and use your Personal Data to keep you updated about special offers, send updates related to the Sites, and facilitate checkout during purchases.
• If you sign up to receive promotional emails from us, we may contact you about sales, special offers and new features available through the Sites.

We may also collect and use Personal Data if you participate in a promotion (e.g., contest, sweepstakes) that we sponsor. This information will be subject to the terms accompanying such promotion and this Privacy Policy, and will be used to fulfill the terms of the promotion and to contact you regarding promotional and special offers, sales, and new features available through the Sites.

We also may obtain, collect and aggregate information (including Personal Data) provided to us by our marketing service providers and other vendors.

The above section provides examples of the Personal Data that we may collect through the Sites and the manners in which we may use such Personal Data. If you do not want us to collect your Personal Data, please do not provide it to us. You can update your information or change your marketing and subscription settings by accessing your account via the Sites (see below section entitled “How Can I Access, Correct and Update My Personal Information?”). Residents of California, Canada and the EU should read their respective Notices below.

Non-personal Data

When you use the Sites, including by browsing our merchandise and/or contacting us with inquiries, we collect certain non-identifiable information ("Non-Personal Data") and receive such information from various third parties. Non-Personal Data cannot be used to specifically identify you. The Non-Personal Data we collect includes, without limitation, Internet Protocol (IP) addresses, Internet browser information, other characteristics of the device you are using to access the Sites, domain names of your Internet Service Provider (ISP), your approximate geographic location, a record of your usage of our Sites, and the time of your usage. This information is used to analyze and to improve the Sites and to provide our customers with a fulfilling shopping experience. Non-Personal Data may be combined with Personal Data, but for data that remains non-personally identifiable, it will still be viewed as Non-Personal Data. We provide additional information on our Non-Personal Data collection below.

Cookies and Other Session Identifiers

We and our service providers may use cookies, pixel tags, web beacons, Adobe flash technology and other similar technologies, which allow us to, among other things, optimize our Sites and to understand traffic and usage patterns. Additionally, if the settings on your location-aware device allow us to receive geo-location data or information, we may collect that information automatically.

A “cookie” is a small data file that is sent to your web browser and placed on your computer or device when you access a website. Cookies allow parties (including us, our service providers and others) to: track your activities on the Sites; track clicks, purchases and conversion; recognize your computer or device so that you are able to save your preferences and stay logged in to the Site without having to re-enter your account credentials; deliver customized content, messages and advertising to you; preserve the contents of your shopping cart; and otherwise enhance and personalize your experience on the Sites. If you do not want information collected through the use of cookies, most devices allow you to decline the use of cookies. We recommend that you leave cookies turned on because if you elect not to allow them, you may not be able to use or to enjoy all of the services and features of the Sites.

We may use Flash cookies and other similar technologies, which allow a website to store certain information locally on an individual's computer or device and then access and use that information to enhance and facilitate certain Site experiences, processes and functionality. Flash cookies are different from other cookies and may not be removed in the same manner. More information about both kinds of cookies is available at www.allaboutcookies.org.

We also use web beacons (also known as “clear GIFs” or “pixel tags”) for similar purposes as cookies. These beacons are typically one-pixel images that are embedded in the Site or in a communication, such as an email message. These technologies help us to verify when a certain page of a Site is viewed, when a message is opened and when links or other content in a message are clicked or viewed.

Mobile Access and Social Media Platforms

If you use a social media platform or a mobile device or application to interact with The Collected Group, its brands, or the Sites, that platform or application may have a specific privacy statement that governs the use of Personal Data related to it. For example, if you use a mobile application and your mobile device's settings allow it, we may collect mobile location information from your device, whether or not you are logged into our Site. If you have questions about the security and privacy settings of your mobile device please refer to instructions from your mobile service provider or the manufacturer of your device, and for any third-party platform you use to access or Sites, please review their privacy policies and terms of use.

How Can I Access, Correct and Update My Personal Information?

You can access, correct and/or update certain personal information that you have provided to us within the "My Account" area of the Sites, or if you filled out an information card in-store (in print or digitally), you can request that a sales associate update your customer profile. How We Use the Information Collected?

Personal Data: We may use Personal Data as necessary and to fulfill your requests, including in the following ways:

• Access and Use: If you provide Personal Data in order to obtain access to or use of the Sites, we will use the Personal Data to provide you with and monitor such access and use.
• Internal Business Purposes: We may use your Personal Data for internal business purposes including, without limitation, to help us improve the content and functionality of the Sites, to better understand our users, to protect against fraudulent activities, to manage your account and to generally manage the Sites and our business.
• Marketing: We may use your Personal Data to contact you for certain marketing and advertising purposes, including, without limitation, to inform you about offers, contests or surveys which may be of interest to you and to display content and advertising on or off the Sites which may be of relevance to you.
• Customer Service: If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided, for example to resolve a customer service issue.
• Aggregated Personal Data: We (either directly or through a service provider) may conduct research on our customer demographics, interests and behavior based on Personal Data and other information.

Do We Share Your Information?

In general, we do not share personal information about you with third parties for third party marketing or advertising purposes. However, we do share personal information with third parties for the following purposes:

• Business Transfers: As with any business, it is possible that the ownership of the business may change or certain business or corporate assets may be bought or sold. If this occurs, Personal Data may be part of the transferred assets. You acknowledge and agree that any successor or acquirer of a The Collected Group company or our ecommerce service provider will continue to have the right to use your Personal Data and other information in accordance with this Privacy Policy.
• Subsidiaries and Affiliates: We may also share your Personal Data with our subsidiaries and/or affiliates consistent with this Privacy Policy. Our subsidiaries and affiliates will be bound to treat and to maintain any Personal Data in accordance with this Privacy Policy.
• Agents, Consultants and Related Third Parties: We, like many businesses, sometimes engage other companies to perform certain business-related functions on our behalf so that we can focus on our core business. Examples of these services include, but are not limited to, payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing. In connection with services those partners provide for us, we may grant them access to certain Personal Data.
• Third Party Marketers: We may also share information with other marketers whose products or services we feel may be of interest to you. If you prefer we do not share your Personal Data with these types of parties, please email us at optout@equipmentfr.com.
• Legal Requirements: We may disclose your Personal Data if required to
do so by law (including, without limitation responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of other customers or users, (iii) to act in urgent circumstances to protect the personal safety of users of the Sites or the public or (iv) to protect against legal liability or potential fraud, as determined in our sole discretion.

Other uses: If we intend to use any Personal Data in any manner that is not authorized herein, we will inform you of such anticipated use prior to, or at the time at which the Personal Data is collected and obtain your consent prior to such use.

Non-Personal Data

As noted above, Non-Personal Data does not and cannot be used to personally identify you. We may use such information for any lawful purpose, including sharing Non-Personal Data with our marketing partners, advertisers and others from time to time. This information is generally shared in an aggregated form.

How We Protect Your Personal Data

We use a variety of industry-standard security technologies and security measures including Secure Socket Layer (SSL) encryption technology to help protect your Personal and Non-Personal Data from unauthorized access, use, or disclosure. We also make reasonable efforts to restrict access to Personal Data to employees, contractors and agents who need to know the information to provide or improve our services. Unfortunately, no transmission of data is guaranteed to be completely secure, therefore any transmission of Personal Data is done at your own risk and we assume no liability for any damage suffered by you caused by the interception, alteration or misuse of information during transmission. Please keep this in mind when disclosing any Personal Data.

Please note that you can play an important role in the security of your Personal Data. For example, if you elect to set up an account on the Sites, you will be asked to provide a valid email address and password. We recommend you select a password with at least 8 characters and consider adding numbers or special characters to further strengthen your password. In order to help protect your personal information, you should be careful about providing your password to others and change it periodically. If you become aware of any loss, theft or unauthorized use of a password or any issue of security with regard to our Sites, please contact us at info@equipmentfr.com.

We do not and will not, at any time, ask you to provide your Personal Data or other personal information in a non-secure or unsolicited email or telephone communication. If you receive such an email, please contact us to bring it to our attention. Identity theft and "phishing" are of great concern to us. For more information about phishing, visit the Federal Trade Commission at http://www.consumer.ftc.gov/articles/0003-phishing.

What Choices Do I Have Regarding my Personal Data?

We are dedicated to respecting the choices you make and communicate to us regarding your Personal Data. You can update your contact information or change your subscription preferences through a User Account on the Sites (if you have one). In addition, you may:

• Limit the Personal Data You Provide: You can disable cookies and/or decide not to register an account with us. Please be aware that if you take these actions, you may not be able to use certain functionalities of the Sites. For instance, you must provide payment and shipping information for each transaction in order to purchase goods and services on the Sites.
• Subscription Preferences: Promotional emails sent by us or on our behalf contain an "unsubscribe" hyperlink. While we honor all subscription requests, it may take up to ten (10) business days for a change to your preference settings to become effective. Please be aware that even if you opt-out of receiving future promotional communications, you may be sent certain transactional communications related to the purchase or shipment of those items. If you place an order online, we will send you an email confirming your order and may need to contact you by phone, email or regular mail if we have questions about your order. Additionally, though you may have opted-out, we may send you messages if we are required to do so under relevant laws or regulations.

Third Party Advertisers

We may use advertisers, third party ad networks, and other advertising companies, to serve advertisements on our Sites and on third-party websites. This Privacy Policy does not cover the collection and use of information by such advertising companies. Please be advised that such third parties may gather information about your visit to our Sites (such as through cookies, web beacons, pixel tags and other technologies) to enable them to market products or services to you, to monitor which ads have been served to your browser and which web pages you were viewing when such ads were delivered. If you would like more information about this practice and to know your choices please visit http://www.networkadvertising.org/managing/opt_out.asp or http://preferences.truste.com/truste/.

What Happens When I Link To or From Another Website?

The Sites may contain links to other websites not operated, controlled by or affiliated with us. The policies and procedures set forth herein do not apply to such sites. The owners and operators of all those sites are responsible for all Personal Data and Non-Personal Data provided, collected, maintained, stored or otherwise disclosed on those sites, if any. Third party links on the Sites do not imply that we endorse or have reviewed the third party sites, including their privacy policies. Please contact those sites directly for information on their privacy policies.

If you have accessed the Sites through a link from certain of our advertising or marketing partners, the information you provide to us through these links is collected by us, and our use of such information is governed by this Privacy Policy.

Do Not Track Privacy Policy

Please note that our Sites are not configured to respond to "Do Not Track" browser settings. For information about “Do Not Track” visit www.allaboutdnt.org.

Children’s Privacy

Protecting the privacy of children is extremely important to us. Our Sites are not directed at children under the age of 13, and we do not knowingly collect or intend to collect Personal Data from anyone who is under the age of 13. If we become aware that we have inadvertently received personal information from a visitor under the age of 13 on our Sites, we will endeavor to delete the information from our records.

Cross-Border Personal Data Transfer

If you are visiting our Sites from outside the United States, please be aware that you are sending information (including Personal Data) to the United States where our servers are located. We will hold and process your Personal Data and Non-Personal Data in accordance with privacy laws in the United States and this Privacy Policy. Please note that privacy laws in the United States may not be the same as, and in some cases may be considered less protective than, privacy laws in other countries. Therefore, by providing your Personal Data, you consent to the use of your Personal Data for the uses identified in this Privacy Policy and to the transfer of your Personal Data to the United States as indicated above.

User Generated Content

Our Sites enable users to post their own content, for example by writing product reviews. You should exercise caution if you decide to disclose your personal, financial or other information in a submission. We are not responsible for user generated content and it remains the sole responsibility of the person who submitted it.

Dispute Resolution/Arbitration

By using the Sites, you agree that any dispute in any manner arising out of or relating in any way to this Privacy Policy, shall be submitted to binding arbitration with Judicial Arbitration and Mediation Services, Inc. ("JAMS") pursuant to JAMS’ arbitration rules, held before a single neutral arbitrator in the Los Angeles, California area. The parties to arbitration may use legal counsel at their own expense, and the prevailing party shall be entitled to its reasonable attorney’s fees. All costs of arbitration (including arbitrator fees) shall be paid by The Collected Group Retail, except only that if you bring the arbitration, you may be charged an initial filing fee that shall not exceed the filing fees that you would incur for bringing an action in court. This provision will not affect any claimant’s rights to seek relief from small claims court. Claims brought on behalf of or allegedly representing or including other persons or entities, including but not limited to any class, consolidated, representative, collective, or private attorney general action, shall be a "Class Action." Notwithstanding anything else in this Privacy Policy or the JAMS rules, any parties subject to this arbitration provision shall be barred from bringing or participating in any Class Action related to a dispute covered by this arbitration provision. However, if these Class Action restrictions are ever deemed illegal or unenforceable, they shall be severed from this arbitration provision. In that event, any Class Action shall be exempted from this arbitration provision and brought in court. This arbitration provision is subject to the Federal Arbitration Act, and may be enforced in any court of competent jurisdiction.

How Will I Be Informed About Changes Regarding This Privacy Policy?

We may make changes to this Privacy Policy and notices, and may apply any changes to information previously collected, as permitted by law. When we make material changes to this Policy, we will notify you by posting the updated Privacy Policy and notices on our Site, and we will update the effective date at the beginning of this Policy.

How to Contact Us

If you have any questions about this Privacy Policy or Notices, please contact us via email at privacy@thecollectedgroup.com, or by writing us at the below address.

The Collected Group, LLC
Attention: Legal Department – Privacy Rights
5301 South Santa Fe Avenue
Vernon, CA 90058
P (323) 277-3900 – Monday through Friday 9am to 5pm (PST)

California Notice

This California Privacy Rights Notice (the "California Notice") supplements the Privacy Policy by describing privacy rights for California residents ("you") and including information on how to submit a request to exercise your rights. It also describes our current practices for each of the topics addressed in the California Notice, as well as our practices regarding personal information collected, used, disclosed, or "sold" as of the effective date of this California Notice.

California law defines "personal information" broadly as information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. This California Notice also uses that definition for personal information.

California law provides you the right to request:

• Access to the specific pieces of personal information collected about you
• Deletion of your personal information
• Disclosure of the categories of personal information we collect, the purposes for which we collect, sell or disclose that information, and the categories of third parties with whom we share the information
• To opt out of the "sale" of your personal information

Please refer to our Privacy Policy to understand the categories of personal information we may have collected about you, the sources from which we get personal information and the purposes for which personal information is used.

We share personal information about you with service providers and third parties for business purposes, such as improving our business operations and service as stated in our Privacy Policy. We do not provide personal information about you to other companies for money. We do share personal information with companies that we work with, including to help us market or advertise to you as stated in our Privacy Policy. Even though we do not provide personal information to these companies for money, California law may characterize our providing the following categories of information we share with companies that provide services to you or to us, such as personalizing your experience with us or helping us to market or advertise our products and services to you, as "sales" of personal information: device and browsing information and other Internet activity information; purchase or other commercial information; demographic information; identifiers and contact information; and inferences. The Collected Group does not knowingly "sell" the personal information of minors under 16 years of age.

To exercise your California privacy rights, email your request to privacy@thecollectedgroup.com and we will issue a receipt of the request and contact you regarding the completion of the request. The Collected Group may continue to collect and share personal information about you with third parties as described in our Privacy Policy if that sharing is not a "sale" of personal information, such as to continue to provide services to you. If you prefer to talk to someone on the phone, or you have a disability that makes it difficult to use the online request forms, you may call 1 833-791-0200 to submit a request. We do not discriminate against you for requesting any of the rights noted above.

If you have questions about our privacy policies or practices, please contact us using the contact information noted at the end of our Privacy Policy.

We may make changes to this California Notice, and may apply any changes to information previously collected, as permitted by law. When we make material changes to this California Notice, we will notify you by posting the updated California Notice on our website, and we will update the effective date at the end of this California Notice.

This California Notice is effective December 31, 2019.

Canada Notice

This Canada Notice supplements the Privacy Policy by describing privacy rights for Canada residents ("you") and including information on how to submit a request to exercise your rights. Canadian residents are entitled to receive certain information about the collection, use and disclosure of their Personal Data. We collect, use, and disclose your Personal Data with your consent, which may be express or implied, as stated in our Privacy Policy. To request a change your information or consent, email your request to privacy@thecollectedgroup.com and we will issue a receipt of the request and contact you regarding the completion of the request. If you prefer to talk to someone on the phone, or you have a disability that makes it difficult to use the online request forms, you may call 1 833-791-0200 to submit a request. We do not discriminate against you for requesting any of the rights noted above.

EU Notice

This EU Notice supplements the Privacy Policy by describing privacy rights for European Union residents ("you") under UK and EU laws (the “Law”) and including information on how to submit a request to exercise your rights.

What personal data do we collect and why?

We collect your personal data when you place an order, call our customer service, sign up for our marketing communications, and browse or use our Site. The data we collect includes details you provide to us, such as your given name and surname and your shipping and billing addresses. We also collect data regarding your shopping habits and the pages and products you have viewed from your use of the website. We use this data to:

• Take your orders, process your payments and deliver the items you have purchased;
• Provide any additional services you have requested, such as our marketing communications;
• Provide you with help and assistance via customer service;
• Personalize your visit to the Sites and ensure that content from our Sites is presented in the most effective manner for you and for your computer.

Under the Law, we must have a valid legal basis to process your data. In most instances, we will process your data because we have a contract with you e.g. to deliver your purchases or to provide you with other services you have requested. We will also use your personal data to send you sales and marketing communications that we believe may be of interest to you if we have your explicit consent for this activity, or if you are an existing customer where we have a legitimate interest in communicating with you. You can opt out of sales and marketing communications from us at any time.

Who will process your data?

Your personal data will be processed by The Collected Group, as the data controllers, and may also be processed by other affiliate and partner companies acting under our instructions, including external service providers to help meet our business needs and may share your data with these providers. These providers have been selected after an evaluation process and chosen for their experience, security, and reliability. They will process your data only under our instructions. The Collected Group and some of these providers and companies may be based in non-EU countries. Where this is the case, the transfer of your personal data to these countries is carried out in compliance with the guarantees provided by law.

How long do we keep your data?

We will not retain your personal data for longer than is necessary to fulfil the purposes for which you provided that personal data, unless the law permits or requires that we retain it for longer. The retention period varies depending on the purpose of the processing. For example, the data collected during your purchase of goods on the Site are retained in accordance with local tax law (seven years in the US), while those data used to send you our marketing communications are retained until you ask to be unsubscribed.

What are your rights regarding your personal data?

Under the Law, you have the right to:

• Know what personal data of yours we are processing, where that data came from and how we are using that data;
• Ask us to update, correct or supplement the data we hold about you;
• Withdraw consent for processing for a specified purpose;
• Ask us to delete or erase your data from our systems;
• Limit or oppose our processing of your data;
• Ask us to supply the personal data we hold about you in an easy readable electronic format, or transfer that data direct to a third party nominated by you.

You can exercise these rights at any time by emailing privacy@thecollectedgroup.com, calling 1 833-791-0200 or writing to the Privacy Rights team at The Collected Group, LLC , Attention: Legal Department – Privacy Rights, 5301 South Santa Fe Avenue, Vernon, CA 90058, USA.

If you believe that the processing of your personal data has been carried out unlawfully, you can file a complaint with the supervisory authority responsible for compliance with the rules on personal data protection in your jurisdiction. In the UK, the complaint should be presented to the Information Commissioner's Office (https://ico.org.uk/).

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