Effective as of January 1, 2020
Last updated August 12, 2020
Empire Southwest and its subsidiaries and affiliates (“Empire”) respect the privacy of clients, manufacturers, and other third-parties. This Privacy Statement describes the practices of Empire for collecting, storing and using information we may collect from you (“you”, “your” or “Client”) or that you may provide to us from time to time on purchase agreements, rental agreements, service agreements, credit applications and other business documents, including but not limited to information regarding machines, equipment or products (“Assets”) when you visit our website or related websites (e.g., parts.cat.com), when you email or contact us, or when you visit one of our locations (collectively, our “Contact Centers”).
1. What Information We May Collect.
The information we collect may include, but is not limited to, your search queries on our website, personally identifiable information such as your name, address, e-mail address and other contact information, credit information, information that you provide when entering a contest or promotion sponsored by us, information that you provide when you report a problem, records of emails and other correspondence that you send to us, your responses to surveys that we might ask you to complete, and details of your transactions with us.
To use certain portions of our website, you may need to provide us with personal information. In these situations, if you choose not to provide that information, it may not be possible for you to gain access to parts of the website or for us to respond to you or provide services.
(a) System Data
System data is information that is transmitted to us through Web applications (“Applications”) including, but not limited to, VisionLink, ProductLink and similar Applications and through telematics and similar devices (“Devices”). We use the term “Digital Offerings” to refer collectively to all Applications and Devices that we use, which may include, but is not limited to:
(i) Device, Asset and Component Information, including model number, serial number, order number, software and hardware version numbers, performance, and configuration, including work tools or other peripheral Devices attached to Assets.
(ii) Electronic Data, including sensor logs, trends, histograms, event data, other alerts, digital state data, fault codes, idle time, daily and cumulative fuel consumption, emissions data, service meter hours, electronic data files downloaded manually or automatically from an Asset, troubleshooting data, and other data, depending on the Client and Asset and communication channel used by a Device.
(iii) Inspection Data, including results of inspections using an Empire or third-party inspection system.
(iv) Device Location Information, including the physical location of an Asset (e.g., determined using satellite, GPS, cell phone tower, Bluetooth or WiFi signals).
(v) Fluid Data, including analysis results of fluid samples (such as oil, hydraulic and coolant fluids) obtained using Empire or third-party tools.
(vi) Event Recorder Data, including location, speed, direction, and associated video recordings, use of controls and positive train control information.
(vii) Service and Maintenance History, including work orders (records of all maintenance, repairs, parts purchases, replacements and modifications to an Asset), component life (history of usage and wear life of a component), maintenance schedules, planned maintenance, warranty coverage data, maintenance and repair contracts, service intervals (scheduled interval for planned maintenance of component replacement activities for an Asset), component lists (lists of parts that make up an Asset) and service letters (describing special service actions recommended by manufacturers to correct a known problem with an Asset).
(viii) Site and Environmental Conditions, including the type of work being done, condition of roads or tracks, altitude, climate, and material tracking.
(ix) Patterns of Use, including any user-defined information relating to a product you provide to us through a Digital Offering.
(b) Operations Data
Operations Data may include:
(i) Information contained in tenders, invoices, purchase orders, sales contracts, service contracts, e-forms and other transactional documentation generated as part of the business relationship between us.
(ii) The Client’s name, address, industry, client category, and the name, position, email address, and telephone number of the Client’s designated contact person.
(iii) Work order data, including information about the Client, Asset involved, problems identified, and repairs performed, emissions data, fuel usage, service meter hours, software and hardware version numbers and installed attachments.
(iv) Information relating to Client parts and machine purchases, returns and replacements.
(c) Payment Information
Payment Information may include your banking account details, debit card details, credit card details, credit card type (i.e. Visa, Mastercard, American Express), your billing address associated with the credit card, your shipping address and other information that is required to process the payments.
(d) Personal Information
“Personal Information” is information that relates to an identified or identifiable individual, which may include, but is not limited to: name; postal address (including billing and shipping addresses); telephone number; email address; identification information such as usernames and user IDs; the employer or company with which an individual is associated and his or her role and title; User Profile information; geo-location information; information about any computer or mobile Device with which you access Applications; information about your use of the Applications; audio-visual data; and physiological data, such as eye movement, facial expression and heart rate.
Information collected by us may simultaneously constitute System Data, Personal Information, and Operations Data, or any combination thereof. Depending on the applicable local law, some Personal Information collected may be considered “Sensitive Personal Information” (i.e., Personal Information subject to additional protections).
Additionally, in some cases, such as where you are the sole proprietor of a business, information about your company may be deemed Personal Information. This could include business information (e.g., office address), financial account information (e.g., bank account information, trade references, financial statements), Assets (e.g., property ownership), credit rating, tax identification, and diversity classification.
We may use anonymized (or de-identified information), that was derived from Personal Information, but in its anonymized form cannot be identified with a specific individual. This de-identified information is not considered Personal Information for purposes of this Privacy Statement and is not covered by this Privacy Statement. However, if such information is used or formatted in such a way that it is possible for that information to be identified with a specific individual, then it will be considered Personal Information as appropriate.
2. How We Collect Information.
We collect information in a variety of ways. For example, we collect information that you provide to us through various Contact Centers, information we collect through your use of our products or services, and information we collect from publicly available sources or third parties.
(a) Information You Provide to Us
We collect information you give us when you engage with us and/or use our products or services. For example, we may collect information when you interact with us, attend one of our stands at a trade show, make an inquiry, place an order, or contact our customer service.
(b) Information Collected Through Your Use of Our Products and/or Services
In addition to the information you provide to us directly, we may collect information through use of our products and/or services. For example:
(i) Through Applications / Devices: We may receive information directly via cellular or satellite link, or radio or Ethernet connection from Assets equipped with an Application or a Device that was either pre-installed or installed by us.
(ii) Through Wearable Technology: We may collect information through wearable technology, such as fatigue monitoring Devices or RFID tags embedded in hardhats or safety vests.
(c) Information from Third-Party Sources
We may collect information from publicly and commercially available sources, as permitted by law, which we may combine with other information we receive from you. For example:
(i) Via Caterpillar Inc. or its business affiliates or contractors. We may receive information from Caterpillar or its business affiliates or contractors which have collected information from you via: (i) cellular or satellite link, or radio or Ethernet connection from Assets, which may include System Data (such as information relating to the Device or Asset) or Personal Information (such as from information generated by fatigue monitoring Devices, on-board camera and proximity detection systems, and in-cab monitoring technology); or (ii) Digital Offerings.
(ii) From Component Manufacturers and OEMs: We may obtain System Data from manufacturers of the components in your Assets. This information may be provided to us automatically.
(iii) From Asset Owners and Others: We may receive additional information from Asset owners, operators and other persons who have management responsibility for an Asset.
(iv) From Other Sources: We may receive your information from other sources, such as credit reference agencies, public databases, joint marketing partners, internet, social media platforms (including from people with whom you are friends or are otherwise connected) and from other third parties. We may collect or generate information from troubleshooting data, from your service providers (such as fluid analysts and site inspectors) or from maintenance, inspection or warranty records.
(d) Other Ways We Collect Information
As you navigate through our website, we may use automatic data collection technologies to collect certain information about your browsing actions and patterns, the number of times your visit our website, and information about your computer and internet connection, including your IP address, operating system and browser type. The technologies we use for this automatic data collection may include cookies. A cookie is a small data file placed on the hard drive of your computer, which enables us to recognize you and helps us to personalize your visits to our website. You may refuse to accept cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our website.
· Estimate audience size and usage patterns;
· Understand and save your preferences for future visits, allowing us to customize our website and services to your individual needs;
· Advertise new content and services that relate to your interests;
· Keep track of advertisements and search engine results;
· Compile aggregate data about website traffic and website interactions to resolve issues and offer better website experiences and tools in the future; and
· Recognize when you return to our website.
Cookies can be blocked by changing your Internet browser settings to refuse all or some cookies. If you choose to block all cookies (including essential cookies) you may not be able to access all or parts of our website.
You can find out more about cookies and how to manage them by visiting www.AboutCookies.org.
You can understand which third parties have currently enabled cookies for your browser or mobile device and how to opt-out of some of those cookies by accessing the Network Advertising Initiative’s website or the Digital Advertising Alliance’s website. For more information on mobile specific opt-out choices, visit the Network Advertising Initiative’s Mobile Choices website.
You may refuse to accept cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our website.
3. How We May Use Information.
We use the information that we collect and that you provide to us for a variety of business purposes, including, but not limited to, providing you with products and services that you request from us, carrying out our obligations and enforcing our rights under our agreements with you, data analytics, marketing purposes, improving our products and services, and notifying you about additional products or services that may be of interest to you. We do not sell or rent your information.
(a) To Provide Services to You and Others:
(i) To allow you to monitor the status of Assets, to complete and fulfill orders, and to communicate with you regarding your purchase or rental of Assets and your purchase of Asset parts and provide you with related customer service.
(ii) To fulfill Client support agreements, perform maintenance and repairs and deliver rental Assets or parts.
(iii) To make recommendations regarding safety, Asset health, maintenance, worksite efficiency and productivity training for operators.
(iv) To enhance the safety of machine operations, including by tracking proximity to Assets, other objects or humans.
(v) To enable remote technician services, such as remote troubleshooting, and remote tuning.
(vi) To provide you with location-based services and content.
(vii) To process payment related to our products and services.
(b) To Enable Communications:
(i) To send administrative or contractual information, for example, information regarding our terms and conditions of sale and rent and of using Digital Offerings, warranty policies or service contracts and in respect of debt recovery.
(ii) To provide you with information about new products and services and to send you marketing communications that we believe may be of interest to you for which you may opt-out at any time.
(c) For Other General Business Purposes:
(i) To conduct market research.
(ii) To perform data analytics, audits, improve products, develop new products, enhance, improve or modify our Digital Offerings, identify usage trends and operate and expand our business activities and for statistical analysis based on aggregated and de-identified data, such as benchmarking reports.
(iii) To provide services to Clients, manage work flow, monitor repairs, project future maintenance and service, and troubleshoot issues.
(iv) To validate effectiveness of recommendations, resolve complaints, and fulfill orders.
(v) To manage Assets and parts inventory in order to provide you with machines, parts and services.
(vi) To manage a fleet of owned or rented Assets.
(vii) To maximize the efficiency of operations and increase sales.
(viii) To develop digital Applications.
(ix) To manage your account with us and generally keep our records up to date and to administer our relationship with you.
(d) Other Uses:
(i) To allow you to participate in sweepstakes, competitions or similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your information, including Personal Information. We suggest that you read any such rules carefully.
(ii) For additional uses as agreed by you and us, which may, for example, arise from new types of products or services that we may offer you.
4. How We Store and Protect Information
We have implemented reasonable measures to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. However, the transmission of information is not completely secure. We cannot guarantee the security of Personal Information transmitted to us, and any transmission of such information is at your own risk. Our website may contain links to third-party websites and online services. We are not responsible for the privacy practices or content of third-party websites. We retain Personal Information collected from you as long as your account is active or otherwise as long as we need to fulfill the purposes for which it was collected, unless otherwise required by law.
5. Information We May Share with Third Parties
We may disclose Personal Information that we collect or that you provide to our parent, subsidiary and affiliated entities, to our manufacturers and their subsidiaries and affiliates, and to contractors, service providers and other third parties used to support our business and the business of our manufacturers (collectively, the “Empire and Manufacturer Entities”). We also may disclose such information if required by law, to enforce our rights or if we have a good faith belief that such disclosure is necessary or appropriate to protect the rights, property, or safety of Empire, our clients or others. Additionally, any Personal Information that you provide may be transferred in a merger, acquisition, restructuring, or other corporate transaction involving Empire or its Assets.
We do not want to collect or maintain information from those under the age of 13. No part of our website is structured to attract anyone under the age of 13. By using our website, you represent that you are not less than 13 years of age.
7. Access, Changes and Corrections
Subject to certain exceptions prescribed by law, you have a right to access or request correction or deletion of most Personal Information that we have about you. In some circumstances, it may not be possible for us to provide you with all of your Personal Information. For instance, there may be instances where disclosing the requested information would impact the privacy of another individual. Where we cannot provide access to personal data held about you, we will tell you why.
If you think that any Personal Information we hold about you is inaccurate, you may contact us using the contact details below and we will take reasonable steps to ensure that the information is corrected. We may take steps to verify your identity before providing you access to your Personal Information.
If you send any request for access to or correction of your Personal Information, we will do our best to respond within a reasonable period after your request. We may retain all information you submit for backups, archiving, prevention of fraud, legal compliance or where we have a legitimate reason to do so.
8. International Transfer
If you are accessing the website from outside the United States, you are sending information, including Personal Information to the United States where our servers are located. That information may then be transferred within the United States or back out of the United States to other countries outside your country of residence. These countries may not necessarily have data protection laws as comprehensive as those in your country. Information transferred to the United States or another country is subject to the laws of that country and may be disclosed or accessed in accordance with those laws. By transferring information or allowing information to be transferred to us, you consent to the transfer, processing and storage in countries outside your country of residence.
9. “Do Not Track” notifications
Some browsers allow you to automatically notify websites you visit not to track you using a “Do Not Track” signal. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser.
10. Contact Information
To (i) ask questions about this Privacy Statement or our privacy practices; (ii) obtain a copy of this Privacy Statement in paper format; (iii) request access to information that we have about you; or (iv) correct any information you have provided, you may contact us at 1725 South Country Club Drive, Mesa, Arizona 85210, Attn: Legal Department, or electronically at email@example.com.
11. Caterpillar Data Governance
Caterpillar’s Data Governance Statement, together with Caterpillar’s Global Privacy Statement and any applicable Caterpillar Privacy Notices for its digital offering subscriptions, describes Caterpillar’s practices for collecting, sharing and using data and information relating to machines, products or other assets and their associated worksites–for example to enable Cat® Connect and other Digital Offerings. The Data Governance Statement also describes how Caterpillar may perform remote diagnostics and make available remote software and firmware updates and upgrades, such as configuration, patches, bug fixes, new or enhanced features, etc., for your Assets and Devices. By providing data and information to Dealer as described herein or to Caterpillar as described in Caterpillar’s Data Governance Statement https://www.caterpillar.com/en/legal-notices/data-governance-statement.html you agree to its terms as it may be revised from time to time.
Notice to California Residents
The CCPA defines “personal information” to mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California Resident or household. Personal information does not include publicly available, deidentified or aggregated information. For purposes of this “Notice to California Residents” section we will refer to this information as “Personal Information.”
The CCPA contains an exception that is relevant to us. Some of the CCPA’s privacy rights explained below do not apply to personal information reflecting a written or verbal communication or a transaction between us and a consumer, where the consumer is acting as an employee, owner, director, officer, or contractor of another entity and when the communication or transaction occurs solely within the context of us conducting due diligence regarding, or providing or receiving a product or service to or from such entity. We refer to this information as “Business to Business Information.”
Right to Know About Personal Information Collected, Disclosed, or Sold
If you are a California resident, you have the right to request that we disclose what Personal Information we have collected about you. This right includes the right to request any or all of the following:
(1) Specific pieces of Personal Information that we have collected about you;
(2) Categories of Personal Information that we have collected about you;
(3) Categories of sources from which the Personal Information was collected;
(4) Categories of Personal Information that we sold (if applicable) or disclosed for a business purpose about you;
(5) Categories of third parties to whom the Personal Information was sold (if applicable) or disclosed for a business purpose; and
(6) The business or commercial purpose for collecting or, if applicable, selling Personal Information.
The CCPA defines “sell” to mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a California resident’s Personal Information to another business or a third party for monetary or other valuable consideration.
Collection of Personal Information
A list of the categories of Personal Information that we currently collect and have collected for the 12 months preceding the Effective Date of this Privacy Statement is provided in Section 1 above. A list of the categories of sources from which we have collected that Personal Information is provided in Section 2 above. A list of the business or commercial purposes for collecting that Personal Information is provided in Section 3 above.
As noted, much of the information that we collect is Business to Business Information that is exempt from the CCPA.
Disclosure or Sale of Personal Information
We do not knowingly collect or sell the Personal Information of minors under 16 years of age.
Right to Request Deletion of Personal Information
If you are a California resident, you have the right to request that we delete the Personal Information about you that we have collected. However, per the CCPA, we are not required to comply with a request to delete if it is necessary for us to maintain the Personal Information in order to, for example, complete a transaction, detect security incidents, comply with a legal obligation, or otherwise use the Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.
How to Submit a Request to Know or Delete
You may submit a request to know or delete by sending a written request to 1725 South Country Club Drive, Mesa, Arizona 85210, Attn: Legal Department, or by emailing your request to firstname.lastname@example.org, or calling 888-381-2272.
Our Process for Verifying a Request to Know or Delete
If we determine that your request is subject to an exemption or exception, we will notify you of our determination. If we determine that your request is not subject to an exemption or exception, we will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request. We will verify your identity either to a “reasonable degree of certainty” or a “reasonably high degree of certainty” depending on the sensitivity of the Personal Information and the risk of harm to you by unauthorized disclosure or deletion as applicable.
For requests to access categories of Personal Information and for requests to delete Personal Information that is not sensitive and does not pose a risk of harm by unauthorized deletion, we will verify your identity to a “reasonable degree of certainty” by verifying at least two data points that you previously provided to us and which we have determined to be reliable for the purpose of verifying identities.
For requests to access specific pieces of Personal Information or for requests to delete Personal Information that is sensitive and poses a risk of harm by unauthorized deletion, we will verify your identity to a “reasonably high degree of certainty” by verifying at least three pieces of Personal Information previously provided to us and which we have determined to be reliable for the purpose of verifying identities. In addition, you will be required to submit a signed declaration under penalty of perjury stating that you are the individual whose Personal Information is being requested.
Right to Opt-Out of Sale of Personal Information
If you are a California resident, you have the right to direct businesses to stop selling your Personal Information. We do not sell Personal Information as it is defined in the CCPA.
Right to Non-Discrimination for the Exercise of a California Resident’s Privacy Rights
We will not discriminate against California residents if they exercise any of the rights provided in the CCPA as described in this section “Notice to California Residents.” As such, we will not deny goods or services to that California resident; charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; provide a different level or quality of goods or services to the California resident; or suggest that the California resident will receive a different price or rate for goods or services or a different level or quality of goods or services. However, we are permitted to charge a California resident a different price or rate, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to us by the individual’s data.
If you are submitting a request on behalf of a California resident, please submit the request through one of the designated methods discussed above. After submitting the request, we will require additional information to verify your authority to act on behalf of the California resident.
Shine the Light Law
We do not disclose personal information obtained through our website or services to third-parties for their direct marketing purposes. Accordingly, we have no obligations under California Civil Code § 1798.83.
How to Contact Us
To contact us with questions or concerns about our privacy policies, please email email@example.com or call 888-381-2272.