Last modified: January, 2020
Owner and Data Controller:
3900 Westinghouse Boulevard
Charlotte, North Carolina 28273
Owner Contact Email:
Data & Privacy Officer
Jeffrey Mark, Chief Information Officer (CIO)
3900 Westinghouse Blvd.
Charlotte, NC 28273
Owner Phone Number:
Table of Contents
The Data We Collect About You
How is Your Personal Data Collected
How We Will Use Your Personal Data
Use of Information We Collect Through Automatic Data Collection Technologies
Third Party Sources
How We May Share Your Personal Data
Your California Privacy Rights
General Data Protection Regulations (GDPR) Notice
How Do We Ensure the Security of Your Data
PLEASE NOTE: Our Website is not intended for use by children under 18 years of age. We do not seek to collect or knowingly collect personal information of persons who are below the age of 18. We do not want a person under the age of 18 ever to access this Website or make any purchase through this Website or provide any information about himself or herself to us, including his or her name, address, telephone number, email address or any screen name or user name. If we unintentionally collect personal information of a person between the age of 13 and 16, we will not transfer or sell their data unless they have “opted-in” through a parent or legal guardian. If we collect personal information of someone below the age of 13, we will not transfer or sell their data and it will be deleted from our records.
We encourage parents to talk with their children about using the Internet safely and the dangers of communicating with strangers and disclosing personal information online. If we learn we have unintentionally collected or received personal information from a child under 18, we will delete it upon learning of its existence. If you would like to request that we delete any information from or about a child under 18, please contact us through the Contact Information earlier provided in this policy.
By accessing and viewing this Website you represent, promise, and agree you are not under the age of 18.
THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store, and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data which may include first name, last name, marital status, title, date of birth and gender;
- Contact Data which may include billing address, delivery address, email address, and telephone numbers;
- Financial Data which may include bank account and payment card details;
- Transaction Data which may include details about payments to and from you and other details of products and services that you have purchased from us;
- Technical Data which may include internet protocol (IP) address, your login data, browser type and version, browser use, time zone setting and location, the length of time of your visit, the pages you looked at on our site, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Website;
- Profile Data which may include your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses;
- Usage Data which may include information about how you use our Website, products and/or services;
- Marketing and Communications Data which may include your preferences in receiving marketing from us and our third parties and your communication preferences.
HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you, including through:
- Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms, electronically or otherwise, or by corresponding with us in person or by post, phone, email or any other method. This includes personal data you provide when, for example, you:
- fill out a “Contact Us” or “Request More Information” form on our Website;
- order our products or services;
- subscribe to our newsletters or publications;
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us feedback.
- Automated technologies or interactions. As you interact with our Website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, web beacons, server logs and other similar technologies.
- Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
- Technical Data from analytics providers, marketing tools providers, and search information providers;
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services;
- Identity and Contact Data from data brokers or aggregators;
- Identity and Contact Data from publicly available sources; or
HOW WE WILL USE YOUR PERSONAL DATA
We may process your personal data for the following purposes as well as for the purposes of performing any service contracts we may have with you:
- To register you as a new customer;
- To process and deliver your order;
- To manage payments, fees and charges;
- To collect and recover money owed to us;
- To manage our relationship with you and provide you with effective customer support;
- To provide new feature announcements;
- When asking you to leave a review or take a survey;
- To verify your eligibility and deliver prizes in connection with any promotions, contests or sweepstakes;
- To enforce our Terms and Conditions;
- To administer and protect our business and this Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data);
- To deliver relevant Website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you;
- To use data analytics to improve our Website, products/services, marketing, customer relationships and experiences;
- To make suggestions and recommendations to you about goods or services that may be of interest to you;
- To comply with applicable law; or
- To perform other functions as described to you at the time of collection.
We may also process your personal data:
- To prevent fraud;
- To administer IT services, ensure network and information security, including preventing unauthorized access to our computer and electronic communications systems and preventing malicious software distribution; and
Use of Information We Collect Through Automatic Data Collection Technologies.
We may use third-party service providers, such as Google, to distribute ads on our behalf across the Internet. They may collect anonymous information about your visit and interaction with our products. They may also use information about you to target ads for products and services that may be of interest to you. They may place or recognize a unique cookie on your browser to enable you to receive customized ads. Demographic or other interest data may be associated with your browser or device in a non-personally identifiable manner. We also may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services.
The information we collect automatically is statistical data and may include personal information or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
- Store information about your preferences, allowing us to customize our Website according to your individual interests;
- Speed up your searches;
- Recognize you when you return to our Website; or
- Estimate our audience size and usage patterns.
The technologies we use for this automatic data collection may include:
- Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related Website statistics (for example, recording the popularity of certain Website content and verifying system and server integrity).
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. For example, you may easily opt out of Google’s advertising services by visiting Google’s Ad Settings.
THIRD PARTY SOURCES
HOW WE MAY SHARE YOUR PERSONAL DATA
We may need or have to share your personal data with the parties set out below for the purposes set out above:
Internal/External Third Parties such as:
- Vendors and service providers acting as processors who provide IT and system administration services;
- Professional advisers and other agents and representatives acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services; or
- Third-parties that conduct customer satisfaction surveys on behalf of King Machine
We may also disclose your personal data for the following additional purposes where permitted or required by applicable law:
- To our subsidiaries and affiliates;
- To contractors, service providers, and other third parties we use to support our business;
- If a business transfer or change in ownership occurs and the disclosure is necessary to complete the transaction. In these circumstances, we will limit data sharing to what is absolutely necessary and we will anonymize the data where possible;
- To persons or individuals as part of our regular internal reporting activities;
- To persons or individuals in order to comply with legal obligations or valid legal processes such as search warrants, subpoenas, or court orders. When we disclose your personal data to comply with a legal obligation or legal process, we will take reasonable steps to ensure that we only disclose the minimum personal data necessary for the specific purpose and circumstances;
- To persons or individuals if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of King Machine, our customers, or others. (This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction);
- To persons or individuals where the personal data is publicly available;
- To persons or individuals for any other purpose disclosed by us when you provide the information; or
- To persons or individuals for additional purposes with your consent where such consent is required by law.
YOUR CALIFORNIA PRIVACY RIGHTS AND PRIVACY NOTICE
Effective Date: January, 2020
This Notice does not apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals.
Information We Collect
Our Website collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
- Information excluded from the CCPA’s scope, like:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
In particular, our Website has collected the following categories of personal information from its consumers within the last twelve (12) months:
|Cal. Info. Category||Examples||Collected|
|A. Identifiers.||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.||YES|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code|
|A name, signature, Social Security number, physical characteristics or description, address, email address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.||YES|
|C. Protected classification characteristics under California or federal law.||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||NO|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||YES|
|E. Biometric information.||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or|
identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
|F. Internet or other similar network activity.||Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.||NO|
|G. Geolocation data.||Physical location or movements.||NO|
|I. Professional or employment-related information.||Current or past job history or performance evaluations.||NO|
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||NO|
|K. Inferences drawn from other personal information.||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||NO|
Our Website obtains the categories of personal information listed above from the following categories of sources:
- Directly from you. For example, from forms you complete or products and services you purchase;
- Indirectly from you. For example, from observing your actions on our Website; or
Use of Personal Information
We may use, transfer, sell or disclose the personal information we collect for one or more of the following purposes:
- To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
- To provide, support, personalize, and develop our Website, products, and services;
- To create, maintain, customize, and secure your account with us;
- To process your requests, purchases, transactions, and payments and prevent transactional fraud;
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses;
- To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law);
- To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business;
- For testing, research, analysis, and product development, including to develop and improve our Website, products, and services;
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users/consumers is among the assets transferred.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to an associated or affiliated entity or a third party for a business purpose subject to your right to opt-out of those transfers or sales (see Personal Information Sales Opt-Out Rights). When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.
We share or may your personal information with the following categories of third parties:
- Service providers;
- Data aggregators; and
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, we have disclosed the following categories of personal information [by applicable California Information Category] for a business purpose:
[Category A: Identifiers];
[Category B: Customer records personal information];
[Category D: Commercial information];
We disclose, transfer or sell, or may disclose, transfer or sell your personal information for a business purpose to the following categories of parties and:
- Service providers;
- Data Aggregators;
- Affiliated companies within the King Machine family; and
Sales of Personal Information
In the preceding twelve (12) months, we have not disclosed, transferred or sold the following categories of personal information [by applicable California Information Category]:
[Category C: Protected classification characteristics under California or federal law];
[Category E: Biometric information];
[Category F: Internet or other similar network activity];
[Category G: Geo location data];
[Category H: Sensory data];
[Category I: Professional or employment-related information];
[Category J: Non-public education information]; and
[Category K: Inferences drawn from other personal information].
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), generally, we will disclose to you:
- The categories of personal information we collected about you;
- The categories of sources for the personal information we collected about you;
- Our business or commercial purpose for collecting or selling that personal information;
- The categories of third parties with whom we share that personal information;
- The specific pieces of personal information we collected about you (also called a data portability request); and
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- Sales, identifying the personal information categories that each category of recipient purchased; and
- Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
- Debug products to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
- Comply with a legal obligation;
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it; or
- Another reason permitted by law.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
- Calling us at 704-583-0486
- Emailing us at [email protected]
- Visiting https://kingmachinemolds.com/my-information
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative;
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. [However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.] We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out Rights.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, [specifically [EXPECTED FORMAT DESCRIPTION]]. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Personal Information Sales Opt-Out Rights
If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 18 years of age.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:
You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services;
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
- Provide you a different level or quality of goods or services; or
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that canresultin different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior “opt-in” consent, which you may revoke at any time.
Other California Privacy Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to us at our email address or write us at our mailing address.
Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on our Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
If you have any questions or comments about this notice, the ways in which we collect and use your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us.
GENERAL DATA PROTECTION REGULATIONS (GDPR) NOTICE
- With consent of the data subject;
- For the performance of a contract;
- To comply with a legal obligation;
- To protect the vital interests of the data subject; and
- When it is in the public interest.
Following are the specific individual contact details for our Data Controller, Data Processor, EU Representative and Data Protection Officer:
Data & Privacy Officer:
John Horrell, Chief Information Officer (CIO)
435 Industrial Park Rd. NE
Cartersville, Georgia 30121
The countries to which personal information may be transferred by us include all countries where King Machine or any of its affiliated entities has an office or employees, or does business. Data will be stored for as long as may reasonably be required to accomplish a permitted use of personal data. Consistent with the GDPR, data subjects have eight fundamental rights which include:
- The right to be informed;
- The right to access (e.g. copies of your personal information, subject to certain exemptions);
- The right to rectification (correction);
- The right to erasure (if you think information is inaccurate you may ask us to rectify it, or make complete information you think is incomplete, or to erase your personal information under some circumstances);
- The right to restriction of processing;
- The right to data portability;
- The right to object to our collection of personal data; and
- The right to not be subjected to automated decision making.
To act upon any of these rights consistent with the GDPR, please contact us through the Contact Information earlier provided.
HOW DO WE ENSURE THE SECURITY OF YOUR DATA?
King Machine has put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know.
In the event that the security of any personal customer information stored by us is compromised, we will provide the affected customers with notice of such breach in the most expedient time possible and without unreasonable delay. This notice shall be posted on our Website, and, depending upon the extent of the breach and the nature of the information compromised, we may also provide affected customers with personalized notice in writing, by e-mail, or by telephone.
Please note: the safety and security of your information also depends on you. Where you have been provided or chosen a password for access to any parts of our Website, you are responsible for keeping this password confidential. We ask you not to share any such password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk.