Fecon LLC designs and manufactures heavy-duty forestry and land management equipment used in vegetation control, land clearing, right-of-way maintenance, and site preparation. Our product offerings include forestry mulchers, stump grinders, tracked carriers, attachments, and related replacement parts and accessories. In addition to equipment manufacturing. We also provide equipment sales, service and maintenance, technical support, training, parts distribution, and digital and connected solutions, such as telematics and performance-monitoring tools (including the Fecon Fusion platform where applicable) which enable customers to track machine usage, performance, and operational data. These interactions may involve the collection and processing of certain information as described in this Privacy Notice. 

This Privacy Notice (“Notice”) for Fecon LLC (“Fecon,” “we,” “us,” or “our“), describes how and why we access, collect, store, protect, use, and/or share (“process“) your Personal Information (defined below) when you access or use our Services, including when you:  

• Visit our website at https://fecon.com,  https://shop.fecon.com, or any website of ours that links to this Privacy Notice (the “Website”) and the site’s related services, such as our online store.  

• Engage with us in other related ways, including sales services, customer support, warranty services, marketing, communications, or events we may offer; or 

• Use our products, including product platforms or applications and connected products (collectively with the Website and other services, our “Services”). 

This Notice applies to anyone who uses or accesses our Services, regardless of whether you use the Services via a computer, mobile device, tablet, or other medium (collectively, your “Equipment”). 

Questions or concerns? Reading this Privacy Notice will help you understand our privacy practices and your data subject rights and choices. Unless otherwise stated, we are the data controller of Personal Information covered by this Notice. If you do not agree with our policies and practices, please do not use our Services. If you have any questions or concerns, please contact us at privacy@fecon.com. 

This summary provides key points from our Privacy Notice, but you can learn more about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for. 

What Personal Information do we process? In general, when you visit, use, or navigate our Services, we may collect Personal Information from or about you depending on how you interact with us and the Services, the choices you make, and the products and features you use. Learn more about Personal Information we collect from or about you. 

Do we process any sensitive Personal Information? Some of the Personal Information we process may be considered ”special” or “sensitive” in certain jurisdictions (for example, precise geolocation data when enabled through our product application or connected products). We do not collect and process sensitive Personal Information for purposes other than those permitted by applicable law, and we will collect or process that information with your consent where required by law. Learn more about sensitive Personal Information we process. 

Do we collect any Personal Information from third parties? We may collect Personal Information from public databases, marketing partners, social media platforms, and other outside sources. Learn more about Personal Information collected from other sources. 

How do we process Personal Information? We process your Personal Information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes, such as targeted marketing or advertising, with your consent, if required. We process your information only when we have a valid reason to do so. Learn more about how we process Personal Information. 

In what situations and with which parties do we share Personal Information? We may share information in specific situations and with specific third parties for the purposes described in this Notice. Learn more about when and with whom we share your Personal Information. 

How do we safeguard information? We have implemented adequate organizational and technical processes and procedures to protect the information we collect. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee the security of your information. Learn more about how we safeguard information. 

What are your data subject rights? Depending on where you reside, applicable privacy law may grant you certain rights regarding your Personal Information. Learn more about your data subject rights. 

How do you exercise your data subject rights? The easiest way to exercise your data subject rights is by submitting a data subject access request, or by contacting us as provided below. We will consider and act upon any request in accordance with applicable data protection laws. 

Want to learn more about what our privacy practices? Review the Privacy Notice in full. 

1. WHAT PERSONAL INFORMATION DO WE COLLECT AND HOW DOWE  COLLECTIT? 
2. HOW DO WE USE AND DISCLOSE PERSONAL INFORMATION?
3.  ON WHAT LEGAL BASES DO WE RELY TO PROCESS PERSONAL INFORMATION? 
4. WHEN AND WITH WHOM DO WE SHARE PERSONAL INFORMATION?
5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
6. HOW LONG DO WE KEEP INFORMATION?
7. HOW DO WE SAFEGUARD INFORMATION?
8. DO WE COLLECT INFORMATION FROM MINORS?
9. WHAT ARE YOUR DATA SUBJECT RIGHTS?
10. UNIVERSAL OPT-OUT MECHANISMS
11. DO UNITED STATES RESIDENTS HAVE SPECIFIC DATA SUBJECT RIGHTS?
12. DO RESIDENTS OF OTHER COUNTRIES HAVE SPECIFIC DATA SUBJECT RIGHTS?
13. CROSS-BORDER TRANSFERS
14. NOTICE OF FINANCIAL INCENTIVES
15. DO WE MAKE UPDATES TO THIS NOTICE?
16. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

1. WHAT PERSONAL INFORMATION DO WE COLLECT AND HOW DO WE COLLECT IT?

For purposes of this Privacy Notice, “Personal Information” means any information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal Information does not include de-identified or anonymized information (“non-personal information,” as defined by applicable law).  

The Personal Information that we collect depends on the context of your interactions with us and the Services with which you engage, the choices you make, and the products and features you use. We may collect the following Personal Information from or about you in the following ways, including during the 12 months preceding the last updated date of this Notice: 

Personal Information Provided by You. 

We collect Personal Information that you provide to us when you interact with our Services, such as when you create or use an account on the Services, complete a form, request a quote or support assistance, express interest in obtaining information about us or our products and Service, participate in activities on the Services or events hosted by us, subscribe to our newsletter, apply for a dealer partnership or for a job, use our product platforms or connected products; create, upload, or post content to the Services, including videos, photos, or other information; or otherwise contact us or communicate with us through the Services. The Personal Information we collect may include the following:  

Identifiers and contact information, such as full name, postal address, billing or shipping address, work or personal email address, telephone number, account name, username, password or other login credentials, online identifiers, Internet Protocol (IP) address, or other similar identifiers, including social security number and date of birth (e.g., for finance/credit applications or employment purposes). 

Other Personal Information, such as signature, social security number, address, telephone number, education and employment history information (for employment purposes), title with your company, company name, bank account or credit or debit card number or other financial information for payment purposes. 

Commercial information, such as products or services purchased, obtained, or considered on our Services, or other purchasing or consuming histories or tendencies. 

Payment information, such as payment card information or information about your payment methods and services (such as PayPal) which is necessary to process your payment when you make a purchase through our Services. In that instance, your payment-related financial information is handled by a third-party payment processor, Shopify, to process your payment in accordance with Shopify’s privacy notice(s), which is available at https://www.shopify.com/legal/privacy.  

Communications and content, such as preferences for receiving marketing, communication preferences, information you provide as part of your account profile, or messages, attachments, requests, inquiries, and feedback you make through the Services or emails, chats, or other communications sent to us. 

Professional or employment-related information, such as the company for whom you work, your job title, and related information in an application for employment (to the extent such information is covered by applicable law). 

Geolocation Information, such as general location information (city, state, zip) or precise geolocation information if enabled through our product application and use of connected products. 

Inferences drawn from Personal Information to create profiles, such as profiles reflecting an individual’s preferences, characteristics, predispositions, behavior, or attitudes. 

Sensitive Information. When necessary for providing the Services you request, with your consent if required, or as otherwise permitted by applicable law, we process the following categories of sensitive information: 

• financial data, including finance application-related information 

• social security number (for employment and finance/credit purposes) 

• citizenship status (for employment and finance/credit purposes) 

• Precise geolocation data 

All Personal Information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such Personal Information. You may always choose not to share your Personal Information with us; however, if you choose not to provide or allow us to collect certain information, we may not be able to provide you with some or all of our Services. If you have questions about what Personal Information may be required to receive our Services, please contact us as provided below. 

You also may provide information to be published or displayed (“posted”) on public areas of the Services or on our social media pages, such as when you tag us on social media pages or post reviews, comments, and photographs (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Any such User Contributions are shared with your consent and are not subject to this Policy. Further, although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. 

Automatically Through the Services. 

With your consent if required, we and our service providers may automatically collect certain information that may include Personal Information when you visit, use, or navigate the Services. Information automatically collected may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device identifiers, approximate location such as country or state, precise location of your connected product, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, for our internal analytics and reporting purposes, and for marketing or advertising purposes, consistent with applicable law. 

Like many businesses, we also collect information through cookies and similar technologies. For more detailed information on our use of cookies, see “DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?”  below and visit our Cookie Policy at Cookie Policy 

Specifically, the information collected automatically includes: 

• Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called ”crash dumps”), and hardware settings). 

• Equipment Data. We collect Equipment data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the Equipment used, this data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information. 

• Location Data. We collect location data such as information about your Equipment’s location, which can be either precise or imprecise, with your consent if required by applicable law. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address) or the location of your connected Fecon product. You can disable location collection through your Equipment settings or refuse access to the information. However, if you block the location data collection, you may not be able to use certain aspects of the Services. 

Google API 

Our use of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements. 

Shopify 

Our online store is hosted by Shopify, which may collect and process Personal Information about you to provide store-related Services when you access and use our online store. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide and improve those Services for you. In addition, to help improve the relevant Services, we use certain Shopify enhanced features that incorporate information (including Personal Information) obtained from your interactions with our online store, along with other merchants and with Shopify. For more information about Shopify’s processing and use of your Personal Information and any related rights you may have, please visit https://www.shopify.com/legal/privacy/consumers. Depending on where you live, you may exercise certain rights with respect to your Personal Information here: https://privacy.shopify.com/en.   

Information collected from other sources 

We may receive Personal Information about you from other sources and combine that information with information we collect directly from or about you. For example, we may obtain information about you from business partners or service providers that we engage to support our operations or perform services on our behalf, such as dealers, distributors, website platform, email platform, payment processors, and content providers; advertising networks, lead-generation, and analytics providers; and security and anti-fraud services. We may also obtain Personal Information about you from public data bases and other sources, such as lead generation providers, data brokers, or social media providers.  

The Personal Information we may receive from third-party sources includes contact information, transaction-related information, marketing or campaign information, public profile information, engagement metrics, IP addresses or online identifiers, social media profiles or URLs, and other information relevant to our relationship with you or your interaction with the Services. 

2. HOW DO WE USE AND DISCLOSE PERSONAL INFORMATION?

We may use or disclose Personal Information for the following purposes, depending on how you interact with our Services, including: 

• To provide, operate, and administer our Services, including providing you with the Services and any contents, features, information, products, or services that we make available through the Services; where applicable, facilitating account creation and authentication and otherwise managing your account; facilitating, fulfilling, and managing purchases, orders, payments through the Services; providing our product platform and related notices through the platform; processing applications for employment or financing/credit, and providing you with updates about the status of the service(s) you have requested. 

• To manage our relationship with you, including notifying you about changes to our Services, Terms of Service, or this Privacy Notice, providing you with notices about your account, asking you to provide feedback or take a survey, or addressing any questions you may have about our services. 

• To communicate with you, including responding to your inquiries, requests, comments, and feedback about our Services; providing customer support or troubleshooting assistance; validating your identity or verifying communications from you, and responding to your privacy inquiries and data subject requests; and other communications, including when you contact us through forms, email, social media, calls, chats, or other channels. For more information about your rights and choices, see ”WHAT ARE YOUR DATA SUBJECT RIGHTS?“ below. 

• To deliver newsletters, updates, and other marketing communications, with your consent if required or as otherwise permitted by applicable law, communicating with you about our services, products, and related offerings that may be of interest to you. 

• To determine the effectiveness of our marketing and promotional campaigns. We may process your information to better understand how to provide marketing and promotional campaigns that are most relevant to you. 

• T​​​​​​​​o develop or improve our Services, including by analyzing your information and performance data to develop, maintain, analyze, improve, optimize, measure, and report on our Services and their features and how users interact with them. 

• To save or protect an individual’s vital interest. We may process your information when necessary to save or protect an individual’s vital interest, such as to prevent harm. 

• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection. 

• To process a job application and engage in employment-related matters, as governed by applicable law. 

• With your consent, consistent with applicable law. 

• For any other purpose as may be permitted by law or that we disclose when you provide the information. 

We may also use or disclose Personal Information in the following circumstances: 

• To comply with any court order, law, or legal process, including responding to any legal government or regulatory request. 

• To enforce our Terms of Service, this Policy, or other applicable agreements with you. 

• To protect the rights, property, or safety of our business, employees, customers, or others. This includes exchanging information with other companies and organizations for the purposes of cybersecurity, fraud protection, and credit risk reduction. 

• To investigate suspected violations of any law, rule or regulation, or the terms or policies for our website. 

• To support or as part of a business transfer in connection with, or during negotiations of, any merger sale of our assets, financing, or acquisition of all or a portion of our business to another company. 

3. ON WHAT LEGAL BASES DO WERELYTO PROCESS PERSONAL INFORMATION? 

If you reside in the EU or UK, this section applies to you. 

We may rely on the following legal bases to process your Personal Information: 

• Consent. We may process your Personal Information if you have given us permission (i.e., consent) to use your Personal Information for a specific purpose. You can withdraw your consent at any time. Learn more about withdrawing your consent. 

• Legitimate Interests. Where it is reasonably necessary to achieve our legitimate interests (or those of a third party) and those interests do not outweigh your interests and fundamental rights and freedoms, we may process your Personal Information, for example, to: 

• Develop and display personalized and relevant advertising content for our users, with your consent if required. 

• Develop and improve our Services. 

• Support our marketing activities, with your consent if required. 

• Administer our business operations. 

• Detect and prevent illegal activities.  

• In some cases, deliver and measure our or third parties’ direct marketing with your consent if required. 

• Legal Obligations. Where it is necessary for us to comply with a legal or regulatory obligation to which we are subject, we may use your Personal Information for compliance, recordkeeping, responding to lawful requests, and certain audit or governance activities. 

• Performance of a Contract. Where it is necessary to enter into or perform a contract with you, or to take steps at your request before entering into a contract, we may use your Personal Information (e.g., name and contact information) for such purposes. 

• Vital Interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person. 

If you reside in Canada, this section applies to you. 

We may process your Personal Information if you have given us specific permission (i.e., express consent) to use your Personal Information for a specific purpose, or in situations where your permission can be inferred (i.e., implied consent). You can withdraw your consent at any time. 

In some cases, we may be legally permitted under applicable law to process your Personal Information without your consent, including, for example: 

• For investigations and fraud detection and prevention 

• For business transactions provided certain conditions are met 

• If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim 

• For identifying injured, ill, or deceased persons and communicating with next of kin 

• If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse 

• If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province 

• If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records 

• If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced 

• If the collection is solely for journalistic, artistic, or literary purposes 

• If the information is publicly available and is specified by the regulations 

• We may disclose de-identified information for approved research or statistics projects, subject to ethics oversight and confidentiality commitments 

4. WHEN AND WITH WHOM DO WE SHARE PERSONAL INFORMATION?

In addition to the purposes described above, we may share Personal Information in the following situations: 

• Partners, vendors, third parties. To business partners, suppliers, contractors, service providers, and other third parties (such as analytics, technology platform, and advertising providers) we use to deliver our Services to you, support our business operations, and/or enhance user experience. 

• Business Transfers. We may share or transfer your information in connection with, or during negotiations of or diligence related to, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. 

• Law Enforcement, Regulators, Courts, and other Governmental Authorities. We may share any of the categories of Personal Information we collect, pursuant to applicable law, to respond to subpoenas, court orders, legal process, and other law enforcement measures, to comply with other legal obligations, to respond to an emergency, or otherwise to protect our or the rights, property, safety, or security of other parties, visitors to or users of our Services, or the public. 

Note that we have sold or shared (as those terms are defined by applicable law) the Personal Information described in Section 1 for the business purposes described in this Notice, including during the 12 months preceding the last updated date of this Notice. 

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

With your consent if required, we may use cookies and similar tracking technologies to gather information when you interact with our Services. Some online tracking technologies help us maintain the security of our Services and your account, prevent crashes, fix bugs, save your preferences, and assist with basic site functions. 

For example, we may use “cookies” and “web beacons” (also called “clear gifs” or “pixel tags”), to obtain certain information when you use or access our Services. We may use information collected via these technologies to: 

• Estimate our audience size and usage patterns. 

• Store your preferences, so that we may customize our Services according to your individual interests. 

• Speed up your searches. 

• Recognize you when you return to our Services. 

Further, with your consent if required, we may also use these technologies to collect information about your online activities over time and across third-party websites or other online services.  

We also engage with third parties and service providers to use online tracking technologies on our Services on our behalf to perform contracted analytics and advertising services, including to help manage and display advertisements, to tailor advertisements to your interests, or to send abandoned shopping cart reminders (depending on your communication preferences and with your consent if required). The third parties and service providers use their technology to provide advertising about products and services tailored to your interests which may appear either on our Services or on other websites. 

To the extent these online tracking technologies are deemed to be a ”sale”/”sharing” (which includes targeted advertising, as defined under applicable law), under applicable U.S. state laws, you can opt out of these online tracking technologies by submitting a request as described below under section ”DO UNITED STATES RESIDENTS HAVE SPECIFIC DATA SUBJECT RIGHTS?“ 

Additionally, when you interact with the Services, there are third parties that may use automatic collection technologies to collect information about you or your Equipment. These third parties may include advertisers, ad networks, and ad servers, analytics companies, your Equipment manufacturer, your internet or mobile service providers, etc. These third parties may use tracking technologies to collect information about you when you use the Services. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites, apps, platforms, and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. 

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the provider responsible directly. 

Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy. 

Google Analytics 

With your consent if required, we may use Google Analytics to track and analyze the use of the Services, which includes sharing user information with Google. The Google Analytics Advertising Features that we may use include: Google Analytics Demographics and Interests Reporting. To opt out of being tracked by Google Analytics across the Services, visit https://tools.google.com/dlpage/gaoptout. You can opt out of Google Analytics Advertising Features through Ads Settings and Ad Settings for mobile apps. Other opt out means include http://optout.networkadvertising.org/ and http://www.networkadvertising.org/mobile-choice. For more information on the privacy practices of Google, please visit the Google Privacy & Terms page. 

6. HOW LONG DO WE KEEP INFORMATION?

We will keep Personal Information for as long as it is necessary for the purposes for which we collect it, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements).  

7. HOW DO WE SAFEGUARD INFORMATION?

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of the Personal Information we process. However, despite our safeguards and efforts to secure information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure. Although we will do our best to protect your Personal Information, transmission of Personal Information to and from our Services is at your own risk. You should only access the Services within a secure environment. 

8. DO WE COLLECT INFORMATION FROM MINORS?

Our Services are not intended for individuals under 18 years of age. We do not knowingly collect, solicit data from, or market to children under 18 years of age, nor do we knowingly sell or (as those terms are defined by applicable law) Personal Information from individuals under 18. If you believe we may have collected information from or about an individual under age 18 , please contact us at privacy@fecon.com.  

9. WHAT ARE YOUR DATA SUBJECT RIGHTS?

In addition to the specific data subject rights identified below in the sections designated by your place of residency, we offer the following rights over your Personal Information: 

Withdrawing your consent: If we are relying on your consent to process your Personal Information, you may withdraw your consent at any time by contacting us by using the contact details provided in the section ”HOW CAN YOU CONTACT US ABOUT THIS NOTICE?“ below or updating your preferences. 

However, please note that this will not affect the lawfulness of the processing before you withdraw your consent nor, when applicable law allows, will it affect the processing of your Personal Information conducted in reliance on lawful processing grounds other than consent. 

Marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us using the details provided in the section ”HOW CAN YOU CONTACT US ABOUT THIS NOTICE?“ below. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. 

Note: If required by applicable law, we will only send you commercial electronic messages (such as promotional emails or SMS text messages) if we have obtained your express consent or if we have a valid basis for contacting you, such as an existing business relationship with you. You may unsubscribe or revoke your consent at any time by using the opt-out mechanism provided in such message, and we will honor your opt-out request in a timely manner consistent with the law.  

Account Information 

You may review or change the information in your account or terminate your account at any time by: 

• Logging in to your account settings and updating your user account. 

• Contacting us using the contact information provided below. 

Upon your request to terminate your account, we will deactivate or delete your account and Personal Information from our active databases. However, we may retain some Personal Information in our files as permitted by applicable law, such as to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms, and/or comply with applicable legal requirements. 

Please note that if you delete your User Contributions from the Services, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other users of the Services. 

Cookies and similar technologies: You may choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. 

If you have questions or comments about your data subject rights, you may email us at privacy@fecon.com.  

10. UNIVERSAL OPT-OUT MECHANISMS

Some browsers and browser extensions may support an opt-out signal (such as Global Privacy Control) that can send a signal to process your request to opt out from certain types of data processing, including data “sales” or “sharing” as defined under certain laws. Should we engage in Personal Information sales or sharing (as those terms are defined by applicable law), we will make reasonable efforts to honor your choices indicated by the signals sent through such universal opt-out controls consistent with applicable law. 

11. DO UNITED STATES RESIDENTS HAVE SPECIFIC DATA SUBJECT RIGHTS?

Your U.S. Data Subject Rights 

Depending on in which U.S. state you reside, you may have any of the data subject rights described below. Please note that these rights are not absolute, and in certain cases, we may decline your request as permitted by law. These rights include: 

• Right to know whether or we are processing your Personal Information and the categories of third parties or specific third parties with whom we have shared Personal Information. 

• Right to access your Personal Information. 

• Right to correct inaccuracies in your Personal Information. 

• Right to request the deletion of your Personal Information. 

• Right to obtain a copy of your Personal Information. 

• Right to non-discrimination for exercising your data subject rights. 

• Right to opt out of the processing of your Personal Information if it is used for targeted advertising, the sale of personal data (as “sale” is defined by applicable law), or profiling in furtherance of decisions that produce legal or similarly significant effects (“profiling”), where applicable. 

• Please note we do not provide the right to limit use of sensitive Personal Information, because we do not collect or use sensitive Personal Information in a way that applicable law requires us to limit such use.  

California Residents. 

California residents may have additional rights regarding their Personal Information. For example, California Civil Code Section 1798.83, also known as the ”Shine The Light” law, permits California residents to request and obtain from covered businesses, once a year and free of charge, certain categories of personal information (if any) the business disclosed to third parties for direct marketing. Please note that it is our policy and practice not to disclose to third parties for their direct marketing purposes the personal information of California residents who have opted out of such sharing for such purposes. If we are subject to this law, we will process any requests under this law. You may exercise your cost-free right to opt out using the contact details provided in the section ”HOW CAN YOU CONTACT US ABOUT THIS NOTICE?“ 

How to Exercise Your Rights 

To exercise any applicable data subject rights, you can contact us by submitting a data subject access request, by calling toll-free at 1-800-528-3113, or by referring to the contact details at the end of this Notice. 

Under certain U.S. state data protection laws, you can designate an authorized agent to make a request on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with applicable laws. 

Request Verification 

We may require that your identity be verified prior to processing verifiable rights requests. If your request requires verification, we will need to verify your identity to determine you are the same person about whom we have the information in our system. We will only use Personal Information provided in your request to verify your identity or authority to make the request. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purpose of verifying your identity and for security or fraud-prevention purposes depending on the nature of your request and the sensitivity of the information requested. We may deny a rights request if we are unable to verify your identity. 

If you submit the request through an authorized agent, we may need to collect additional information to verify your identity before processing your request, and the agent will need to provide written and signed permission from you to submit such request on your behalf. 

Appeals 

In some circumstances, we may deny your request to exercise one or more of the rights described above. Under certain U.S. state data protection laws, if we deny your request, you may appeal our decision by emailing us at privacy@fecon.com.   

Depending on in which U.S. state you reside, if you disagree with our decision to deny your request or any portion of your request, you may appeal our decision within sixty (60) days of receipt of notice that your request has been denied. If you submit an appeal to a denied request more than sixty (60) days after you have been notified of our decision to deny the request, we may deny your appeal. If you submit a timely appeal, we will respond within forty-five (45) days of our receipt of your appeal. 

We will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions.  

12. DO RESIDENTS OF OTHER COUNTRIES HAVE SPECIFIC DATA SUBJECT RIGHTS?

EEA, EU, and UK Residents’ Data Subject Rights  

If you reside in the EEA, the EU, or the UK, you have the following rights regarding your Personal Information:  

• Right to request access to your Personal Information; 

• Right to request rectification (correction) of your Personal Information; 

• Right to request erasure of your Personal Information (right to be forgotten; 

• Right to object to our processing of your Personal Information, where we are relying on a legitimate interest (or that of a third party) (note that should your Personal Information be processed solely for direct marketing purposes, you can object to that processing at any time without providing any justification);  

• Right to request restrictions on processing your Personal Information; 

• Right to request portability of your Personal Information (note that under the GDPR, this right only applies to automated data where our legal basis for processing it was either your prior consent or for the performance of a contract with you); 

• Where we are relying on consent to process your Personal Information, the right to withdraw your consent at any time, without affecting the lawfulness of any processing based on consent before its withdrawal; 

• Right to lodge a complaint with your supervisory authority; and  

• If we make automated decisions about you based on your Personal Information that may affect your access or Services provided to you, and subject to certain limitations and exceptions, you have the rights:  

• To know the existence of automated decision-making, including profiling, and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject; 

• To opt-out of any profiling in furtherance of decisions that produce legal or similarly significant effect; 

• Not to be subject the automated decision-making so long as the decision is not necessary for the performance of the contract with you or required by legal obligation; and 

• To contest the decision and request human intervention in the decision-making process, if such decision making is necessary. 

Exercising Your EEA/EU/UK Data Subject Rights 

You can exercise any of the rights set out above by contacting us as provided below. We will respond to all requests in accordance with applicable data protection laws. We may need to request specific information from you to help us confirm your identity. If we reject your data subject request, we will notify you of our reason for doing so.  

If you believe that we have not used your Personal Information in accordance with the applicable data protection laws, you have the right to lodge a complaint at any time, as applicable, with your local Data Protection Authority (contact information for EU member authorities is available here) or supervisory authority (such as the UK Information Commissioner’s Office (ICO), here) and to seek judicial remedy.  

Please note there are some instances where we cannot honor these requests and may be required by law or other legitimate reasons to continue processing your Personal Information.  

Canadian Residents  

If you are a Canadian resident, subject to certain exceptions as required or permitted by applicable law, you have the rights to access and correct (rectify) the Personal Information we hold about you, to withdraw consent at any time, and to lodge a complaint with the Office of the Privacy Commissioner of Canada (OPC) or your provincial privacy regulator, as applicable. You may have additional data subject rights depending on your residency and to the extent applicable to our data processing activities. 

• Commercial Electronic Messages. We will send you commercial electronic messages (such as promotional emails or SMS text messages) if we have obtained your express consent or if we have a valid basis for implied consent, such as an existing business relationship with you. You may unsubscribe or revoke your consent at any time by using the opt-out mechanism provided in such message, and we will honor your opt-out request in a timely manner consistent with the law. 

• Québec Residents. If you reside in the province of Québec and to the extent applicable to our data processing activities, you may have the following additional rights: 

• Right to De-indexation (Right to be Forgotten). You may request that we cease disseminating your Personal Information or to de-index any hyperlink attached to your name that provides access to your information, if the dissemination contravenes the law, violates a court order, or causes serious injury, subject to applicable legal standards. 

• Right to Data Portability. You may request to receive your computerized Personal Information in a structured, commonly used, and technological format, or request that we transfer it to another person or organization. 

• Automated Decision-Making. If we use your Personal Information to render a decision based exclusively on automated processing (including profiling), you have the right to be informed of that fact and, where applicable, to learn the reasons and factors leading to the decision and to submit observations to a human staff member to challenge the decision. 

• Consent. We will obtain your (opt-in) consent before deploying tracking technologies that identify, locate, or profile you, or before processing sensitive Personal Information. 

Exercising Your Canadian Data Subject Rights 

You can exercise any of your applicable rights set out above, subject to certain exceptions as required or permitted by applicable law, by contacting us as provided below. We have procedures in place to receive and respond to complaints or inquiries about our handling of Personal Information and our compliance with this Policy and applicable law. To discuss this Notice or our privacy practices with respect to Canada, please contact us using the contact information provided below. 

13. CROSS-BORDER TRANSFERS

We are a U.S. company and maintain the Personal Information we collect in the United States. The United States may have privacy laws that offer different levels of protection from the privacy laws of where you live. If you are located outside the United States and choose to provide Personal Information to us, please note that we transfer the data to the United States and process it there. In these circumstances, U.S. or state government, courts, law enforcement, or regulatory agencies may be able to obtain access to your Personal Information through applicable law. By submitting your Personal Information through our Services, you consent to our collection, transfer, processing, and use of your Personal Information in the United States.  

If you are a resident of the EEA, EU, UK, we will ensure that your Personal Information is adequately protected when it is transferred to the United States, for example, by implementing relevant standard contractual clauses approved by the European Commission. We have put in place appropriate measures to comply with the applicable laws and regulations to ensure that the transfer of Personal Information to countries outside of those jurisdictions provides an adequate level of data protection.  

If you are a Canadian resident, we may process, store, and transfer your Personal Information in and to the United States, with may have different privacy laws that may or may not be as comprehensive as Canadian law. We will ensure that appropriate contractual and other safeguards are in place to protect your Personal Information, consistent with applicable Canadian privacy laws. You are welcome to contact us if you have questions regarding the collection, use, disclosure, or storage of Personal Information by our service providers and affiliates outside Canada, and/or to obtain access to information about our policies and practices with respect to service providers outside Canada. 

14. NOTICE OF FINANCIAL INCENTIVES

From time to time, we may offer coupons, promotional offers, sweepstakes, contests, or similar benefits to individuals who choose to sign up for our email newsletter or otherwise provide us with certain Personal Information (such as your name and email address) to opt into such programs. You may withdraw from those programs or revoke your consent at any time by following the unsubscribe or other instructions provided with the offer or by contacting us as described below. We do not assign monetary value to your Personal Information; to the extent applicable law requires us to assign such value, we consider the value of your Personal Information to be reasonably related to the value of the discount, promotional opportunity, or other similar benefits provided to you. 

15. DO WE MAKE UPDATES TO THIS NOTICE?

We may update this Privacy Notice from time to time. The updated version will be indicated by “Last Updated” date at the top of this Privacy Notice. If we make material changes to this Privacy Notice, we may notify you as required by applicable law. We encourage you to review this Privacy Notice frequently to be informed of how we are handling your information. 

16. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions about this Notice, our privacy practices, or how to exercise your data subject rights you may email us at privacy@fecon.com, call us at 1-800-528-3113, or contact us by post at:  

Fecon LLC 

3460 Grant Dr 

Lebanon, OH 45036 

United States