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Last updated: June 1, 2021
Battle Creek Equipment Co. recognizes that your privacy is very important and we take it seriously. Our Privacy Policy explains how Battle Creek Equipment Co. collects, uses, and discloses information about you. The terms “Battle Creek Equipment Co.,” “we,” “us,” and “our” include Battle Creek Equipment Co. and our affiliates and subsidiaries. We use the terms “member,” “customer”, “you,” and “your” to mean any person using our “Platform,” which means any website, application, or products or services we offer, or when you communicate with us. This Privacy Policy applies to the processing of information about customers, members and other individuals that we collect when you use our Platform. For information about choices that we offer under this policy, please see “Your Choices” below. This Privacy Policy does not apply to the information that you may provide to third parties, such as customers and members, and others with whom you may share information about yourself.
What information do we collect about you?
Information you give to us
In order to process your requests and orders, it may be necessary to collect personal data from you. This includes, but is not limited to: your name, address, e-mail address, date of birth, telephone number, credit/debit card information. We are unable to provide you with certain products and services if you do not provide certain information to us. You may also be asked to provide additional (non-mandatory) pieces of information such as your interests, preferences, age, gender, feedback, and survey responses so that we can better understand our customers. You can also choose to provide such information by posting on a forum, filling out a web form or when you communicate with us. We also obtain information about you where we have the appropriate permissions to do so or as otherwise authorized by applicable law.
Information we collect automatically when you use our sites or services
We may collect information about your interaction with our sites and services from the devices you use, such as your unique device ID, device type and advertising ID. We may also collect information about your visits and activity on our Platform (and sites operated by our group companies) including the content and any advertisements that you view and interact with, the address of the site from which you arrived and other technical data about your equipment, browsing actions and patterns (such as the pages you view, the links you click, the items you add to your shopping basket, the length of your internet session, your IP address and approximate location at the time of browsing). This information is collected using cookies or similar technologies. To learn more about these technologies and your choices, please see our updated Cookie Policy.
Information collected from other sources
We may combine your information with information we collect from third parties or public sources, including analytics providers, advertising networks, and publicly available sources.
Social Media
Certain sites in our Platform may offer services that require you to set up an account prior to receiving such services. To create a secure account, you can use your email address and a password or, if the site offers a Facebook single-sign-on service, you will be able to register for and log-in to your account using your Facebook account. If you choose to use the Facebook single-sign-on service, you are granting permission to Facebook to share certain profile information with us. This will include your name, profile picture and list of friends and any other information notified to you by Facebook prior to you completing the single-sign-on authorization process. You control what social media information you allow us to have access to using the privacy settings on the applicable social media platform and any permissions you give as part of the single-sign-on authorization process.
Children’s Data
Our Platform is not intended for children under the age of 13. If you are under 13, please do not provide any information to us and instead ask your parent or guardian to do this on your behalf. You must be at least 18 years of age to purchase products or services from us. If you are under the age of 18, you must ensure that your parent or guardian purchases the products or services on your behalf.
How will we use the information about you?
We will or may use your information for the following purposes:
Personalization and Advertising
We want the ads and content displayed on our Platform to be relevant to you. Personalizing and targeting advertising, content, services and communications allows us to provide you with much of our sought-after online content for free.
We will use your information to provide you with personalized content, services and communications as well as targeted advertising on our Platform, sites operated by our group companies and selected partner sites. We do this by matching, combining or linking the different sources of information we hold about you (e.g. linking your contact or subscriber information with your activity across our Platform or by linking your activity on our Platform across all your devices using your email or social media log-in details) or by creating segments based on various factors such as your age and gender, your device details or your inferred interests. We work with data management platform providers to assist with this process.
We also use your information for retargeting (for example, you could see an advertisement on a partner site such as Facebook for a product that you have recently viewed on our sites).
These activities may involve the use of cookies and other similar technologies. To learn more or to see how you can opt out of targeted advertising, please see our updated Cookie Policy.
Marketing
Where we have the appropriate permissions or as otherwise authorized by applicable law, we will use your information to market and advertise our products and services and occasionally third-party products and services that could be of interest to you including third party offers, advertisements, competitions or commercial communications by telephone (mobile and landline when available), post, electronic messaging (including SMS and MMS), email, online or via applications. You could be contacted directly by our third-party service providers for these purposes.
You can always tell us that you wish to stop receiving direct marketing communications from us. But remember, if you do not want us to get in touch, you will miss out on offers.
If you would prefer not to receive direct marketing communications, simply let us know at any time by writing to requests@BattleCreekEquipment.com, or by following the opt-out instructions in the relevant communication. Please note that this will not stop you from receiving service messages from us.
What is our legal basis for processing your data?
We rely on one or more of the following legal bases when processing your data:
Fulfilling a contract with you and providing you with our services, or to comply with a legal obligation, including to: register you as a new customer or create an account on one of our sites in order to access one of our products and services; process and deliver your order; manage payments, fees and charges; collect and recover money owed to us; contact you about your account, subscription or other order; provide you with customer service (such as responding to questions, concerns and feedback and contacting you via email, telephone, SMS/text, post, direct message or other similar communication method for this purpose); send you service related communications; provide you with services you have requested from us when we collected the information from you; enable you to participate in sweepstakes, contests, product trials, events, awards, surveys, polls and quizzes and provide you with any prizes, products or awards as applicable; notify you of material changes to our terms or this Privacy Policy; administer and protect our business and our sites such as troubleshooting, testing, system maintenance, support, reporting and hosting data necessary to ensure network and system security and prevent detect, mitigate and investigate fraud, security breaches and other prohibited or illegal activities; verify your identity.
Our legitimate interests (to run an effective and successful business), or the legitimate interests of a third party, where not outweighed by your interests, including to: measure the performance of our marketing campaigns (for example, analyzing open and click rates); provide you with marketing via post, telephone, social media and other digital channels (including Facebook Custom Audiences and Google Custom Match); provide you with marketing via email where you have purchased goods or services from us; ask you to leave a review or take a survey; administer and protect our business and our sites such as troubleshooting, testing, system maintenance, support, reporting and hosting data; use data analytics to provide insight and analysis of our customers for ourselves and our business partners; make suggestions and recommendations to you about goods and services that could be of interest to you; select and deliver advertising and content to you and measure the delivery and effectiveness of such advertising and content; personalize content, services and communications and target advertising; to aggregate and anonymize your data, so that we can use it to enable us to sell advertising and monitor the efficacy of our business partnerships. The legitimate interests we rely on for this processing are: to keep our records updated; to study how customers use our products and services; to improve the customer experience; to develop our products and services; to develop and grow our business; to run our business; to provide administration and IT services; for network security and fraud prevention; in the context of a business reorganization or a group restricting exercise; to inform our marketing and content strategy; to keep our sites and content updated and relevant.
Your consent, including to: provide you with marketing via email, SMS/text, post and telephone, including from our third-party service providers. You can withdraw your consent at any time – see Marketing, above, for further information.
What will we disclose and share with third parties?
We share your personal data with our third-party service providers for the purposes outlined in this Privacy Policy, such as to enable them to process a request, order or service; to supply you with a prize in the event you win a competition; or in order to obtain information. We may use a number of IT service providers inside and outside the European Union to store data and customer management information, provide disaster recovery services, and related IT services that we need to conduct our business and perform any contract we enter into with you. Any third parties we contract with to process your data on our behalf are subject to contractual obligations to protect the security of your data in accordance with the terms of this Privacy Policy and, where your data is transferred outside of the European Union, we make sure there are adequate protections in place – see the section entitled International Transfers below for further information.
We share your information with advertisers, ad servers, ad networks and content recommendation services to select and deliver advertising and content, and target and personalize advertising and content both on our sites and on selected partner sites. This will not include any information which directly identifies you in the real world, such as your name, email address, address or phone number. However, by interacting with or viewing an advertisement or content, you should be aware that the third party could make the assumption that you meet the targeting criteria used to display the advertisement or content. We also share your information with analytics and search engine providers to assist us in the improvement and optimization of our sites.
We may merge with or be acquired by another business. If this happens we share the information that relates to you with that other business. You will be sent notice of such an event.
We reserve the right to disclose your personal data in order to comply with the law, applicable regulations and government requests. We also reserve the right to use such information in order to protect our operating systems and integrity as well as other users.
How do we protect your information?
Once we have received your data we will take steps to ensure that it is treated in accordance with any applicable laws. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk.
Other websites
Please note that clicking on links and advertisements on our sites could result in you being transferred to another website, where data privacy practices vary from ours. If transferred to another website you should consult their privacy policy as we are not responsible for, and have no control over, information that is submitted to or collected by these third parties.
How long do we keep your information?
We are required by law to keep certain information about our customers (such as financial and transaction related data) for seven years after they cease being customers for tax purposes. We may adjust this retention period to comply with changes in the law.
Our data retention periods vary depending on the context of the services that we provide to you and our legal obligations. To determine the appropriate period for which we keep your data, we consider the amount, nature and sensitivity of your data, the potential risk or harm from unauthorized use or disclosure of your personal data, the purposes for which we process that data (and whether we can achieve those purposes through other means), and applicable legal requirements.
International Transfers of Data and Information
If you choose to provide us with personally identifiable information, it may be stored in the United States and in other jurisdictions. If you are visiting our Platform from the European Union or other regions with laws governing data collection and use, please note that your personally identifiable information may be transferred to the United States, and to other jurisdictions, which may not have the same data protection laws as the European Union and may not afford many of the rights conferred upon data subjects in the European Union. You acknowledge that you understand: (i) your personally identifiable information may be used for the uses identified above in accordance with this Privacy Policy; and (ii) your personally identifiable information may be transferred to the United States, or other jurisdictions as indicated above.
Our Security Policy
Our Platform is hosted in the USA and we conduct all of our business from our office located in the USA. Accordingly, the information which you provide to us may be transferred to countries outside the European Union. By submitting your personal data, you’re agreeing to the transfer, storing and processing of your data outside of the European Union. Your data may be transferred to countries that do not have the same data protection laws as the country from which you initially provided the information.
We have taken steps to build our Platform using sophisticated encryption and authentication tools to protect the security of your personal data. When we collect your personal data through our Platform, we will encrypt your personal data before it travels over the Internet using industry standards as established for conducting secure online transactions. We also use industry standard technologies such as secure routers and firewalls to make sure that your personal information is safe. Unfortunately, we cannot fully guarantee secure data transmission over the Internet because of its nature.
Once we receive your personal data, we have industry standard security measures in place to protect against the loss or misuse of your personal data, though again, we cannot fully guarantee against such loss or misuse. We strongly urge you to protect any password you may have for our Platform and not share it with anyone. You should always log out of our Platform when you are done using it, especially if you are sharing a computer with someone else or are using a computer in a public place.
Your Rights
You have certain rights in relation to the personal data we hold about you, which we detail below. Certain rights only apply in specific circumstances as set out in more detail below. We have also described how you may exercise those rights. When you exercise your rights, we need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We will also contact you to ask you for further information in relation to your request to speed up our response.
You have the right to:
If you wish to exercise any of the rights set out above, please contact us using the details provided in the How to contact us section below.
Cookies, Pixels and Tracking
Like many other websites, we and our third-part service providers use cookies, clear GIFs/pixel tags, JavaScript, local storage, log files, and other mechanisms to automatically collect and record information about your usage and browsing activities on the Platform and across third party sites or online services. A cookie is a small piece of data stored on your computer or mobile device by your web browser. We use cookies to identify the areas of our Platform that you have visited. We also use cookies to enhance your online experience by eliminating the need to log in multiple times for specific content. Finally, we may use cookies to personalize the content that you see on our Website or to customize marketing and other information we provide to you. We may combine this information with other information we collect about users.
Most web browsers can be set to disable the use of Cookies, and our Website contains buttons that allow you to opt-in and opt out to various types of communications from us. However, if you disable or do not opt-in to our use of Cookies, you may not be able to access features on our Website correctly or at all. For more detailed information about these mechanisms and how we collect activity information, see our Cookie Policy.
Dispute Resolution
By using the Platform, you and Battle Creek Equipment Co. agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Platform, or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part thereof (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to requests@BattleCreekEquipment.com.
Both you and Battle Creek Equipment Co. agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) (or to the alternative dispute resolution we select, in our sole discretion) for binding arbitration under its rules then in effect in the Michigan before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including any claim that all or any part of this Privacy Policy is void or voidable.
Choice of Law and Forum
You agree that the laws of the Michigan govern the Privacy Policy and any claim or dispute that you may have against us, without regard to Michigan conflict of laws rules. The parties acknowledge that this Privacy Policy evidences a transaction involving interstate commerce. Notwithstanding the foregoing with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Privacy Policy shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
You further agree that any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in the State of Michigan and County of Oakland and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. PLEASE NOTE THAT BY AGREEING TO THIS PRIVACY POLICY, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF MICHIGAN AND COUNTY OF OAKLAND FOR ANY DISPUTES OR CLAIMS BROUGHT UNDER THIS PROVISION; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF MICHIGAN AND COUNTY OF OAKLAND FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
Changes to our Privacy Policy
We keep this Privacy Policy under review and will update it to reflect changes in our privacy practices. Any updates will be made on this page so that you can always find out what information we collect, how we use it and under what circumstances we will disclose it.
How to contact us
If you have any queries relating to this Privacy Policy please contact us by writing to requests@battlecreekequipment.com.
COOKIE POLICY
Last Updated June 1, 2021
Cookies and other technologies
We use, and allow certain other companies to use, cookies, web beacons and other similar technologies on our sites, applications and communications. We do this to understand your use of our services, improve your user experience, enable personalized features and content, optimize our advertising and marketing and to enable third party advertising companies to assist us in serving you advertisements specific to your interests across the internet. The technologies we use do not collect any information which directly identifies you in the real world, such as your name, email address, address or phone number.
What are ‘Cookies’?
A cookie is a small text file that we, and in certain circumstances third parties, place on your browser (for example, Internet Explorer or Safari) when you visit our sites or open some of our emails. Cookies are useful in enabling us to better serve you because, among other things, they allow us to recognize you each time you re-visit one of our sites. The entity that places cookies on your browser can then read the information on the cookie that it set.
Cookies are typically classified as either “session cookies” which do not stay on your device after you close your browser or “persistent cookies” which will usually remain on your device until you delete them or they expire.
You can find more detailed information about these technologies at:
www.aboutcookies.org
www.allaboutcookies.org
How we and third parties use cookies
We use cookies that are essential in order to enable you to move around our sites and use their features, such as accessing secure areas. Without these cookies, features that you use, like shopping baskets, cannot be provided. Certain cookies, however, while useful, are not essential, and we require your consent before we can use these cookies. By continuing to browse on our sites you agree to the use of these non-essential cookies unless you specifically set your browser to reject them. Please see How to manage or refuse cookies and similar technologies below for further details on your choices.
Different cookies are used to perform different functions which we explain below. A visit to any of our sites could generate the following types of cookie:
Site performance cookies
We use cookies to remember your selections on our sites: These cookies allow us to remember choices you make on our sites and provide enhanced, more personalized features. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize. They can also be used to provide services you have asked for such as watching a video or commenting on a blog. These cookies cannot track your browsing activity on other sites.
Analytics cookies
We use cookies for performance and analytics purposes: We use our own cookies and third-party cookies and other identifiers (such as web beacons) to see how you use our sites and services in order to enhance their performance and develop them according to the preferences of our customers and visitors. For example, cookies and web beacons can be used to: test different designs and to ensure that we maintain a consistent look and feel across our sites; recognize repeat visitors, track and provide trend analysis on how our users interact with our sites and communications; track errors and measure the effectiveness of our promotional campaigns.
The information collected from these types of cookies can be used in conjunction with other information we or our third-party partners hold in order to record specific browsing information (for example, regarding the way visitors arrive at our sites, pages viewed, options selected, information entered and the path taken through our sites). The data collected will generally be aggregated to provide trends and usage patterns for business analysis, site/platform improvement and performance metrics and to inform our advertising and marketing strategies. Our cookies, or the resulting analysis, can also be shared with our business partners. We also receive similar information about visitors to the sites of our group companies and other partners.
For example, we use Google Analytics which is a web analytics tool that helps us understand how users engage with our sites. Google Analytics uses first-party cookies to collect information about how users interact with our sites, which is used to compile reports for improvements to our services. The reports disclose website trends without identifying individual visitors. For some of the advertising features described below, data from Google Analytics could be combined with our first-party data and third party cookies (like Google’s advertising cookies). For information on how to opt-out of Google Analytics Advertising Features, please go to How to manage or refuse cookies and similar technologies.
Advertising cookies
We use cookies to personalize your experience and for targeting advertisements: We use cookies (and allow data management platform providers to use cookies on our behalf) to collect information about your browsing habits across our sites in order to provide personalized content, services and communications, as well as targeted advertising on our sites, sites operated by our group companies and selected partner sites. For example, we could show you advertisements for relevant publications or products and services if we know you have been browsing sections about related products or services on our sites. If you use more than one device or computer on a regular basis, we can link cookies together so that you can still receive a personalized online experience. We also personalize the information you see based on what you already know about you or presume about you based on your online activities, so that you spend less time looking for things. With the use of cookies, each visitor to our site can have a web experience that is unique to them.
Cookies can also be linked with other information we hold or presume about you for these purposes. For example, if you are a registered user or provide us with your name, email address, social media log-in details or other contact information (e.g. by entering a competition or signing up to our newsletter) or interact with our email communications (e.g. by clicking on links within the emails), this information can be linked with your browsing activity across all your devices to tailor content, services, advertising and offers for you.
We also obtain information from third party service providers such as demographics and interest categories created from a combination of sources that permit us to provide you with more relevant and useful content, communications and advertising. This information does not identify you personally.
You can opt out of receiving interest-based advertising on our sites by blocking these cookies as described below in the section on How to manage or refuse cookies and similar technologies.
Third party advertising cookies
We partner with advertisers, ad network providers and ad serving companies to place cookies on our sites to allow them to show you advertisements both on and off our sites that are more relevant and useful to you, limit the number of times you see a particular ad and to customize ads. We do not share any information with these third parties that will directly identify you in the real world, such as your name, email address, address or phone number. However, these third parties can assume that users who interact with or click on a personalized advertisement or content are part of the group that the advertisement or content is directed towards. The third parties that generate these cookies have their own privacy policies and we have no access to read or write these cookies.
Social media cookies
Cookies are also used when you share information using a social media sharing button on the sites. The social network will record that you have done this. This information can be linked to targeting and advertising activities. The types of cookies used by these third parties and how they use the information generated by them will be governed by those companies’ privacy policies. For information on how to opt out of targeting advertising, please go to How to manage or refuse cookies and similar technologies.
How we and third parties use web beacons
We use and permit selected third parties to use web beacons (usually in combination with cookies) to compile aggregate information about your site usage and your interaction with email and other communications to measure performance and to provide content and advertisements that are more relevant to you. A web beacon (also called a web bug, clear GIF or pixel tag) can be embedded in online content, videos and emails, and allows a server to read certain types of information from your device, to know when you have viewed the beacon and the IP address of your device. The type of information collected includes, but is not limited to, information relating to advertising responses, page views, promotion views and purchases made. We will include web beacons in certain promotional email messages and newsletters to determine whether the messages have been opened or acted upon and whether our mailing tools are working correctly. The web beacons can be used to recognize cookies generated by third parties and inform us and third parties of which advertisement or link brought you to our site, allowing us to monitor the efficacy of our business relationships with third parties.
How to manage or refuse cookies and similar technologies
If you do not want your browser to accept cookies and use them in the ways described above, you can change your browser settings. You can also delete existing cookies from your browser. However, blocking all cookies will affect your web experience and can result in parts of our sites not functioning properly. Certain cookies are designed to help save you time by, for example, remembering your contact details when you place an order.
For general information about cookies and their use, please visit:
Alternatively, you can turn off third party cookies relating to interest-based advertising by visiting www.youronlinechoices.eu. However, this will not opt you out of receiving advertisements altogether – it simply means that the ads will not be targeted to you. Please note that there are many more networks listed on this site than we use on our sites.
You can opt out of Google Analytics without affecting how you visit our site – for more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page. For Google Analytics Advertising Features, you can opt-out through Google Ads Settings or by visiting the Network Advertising Initiative opt out page.
Web beacons
As web beacons are the same as any other content request included in the architecture of a website page, you cannot opt out or refuse them. However, you are able to disable web beacons in email messages by not downloading images contained in messages you receive (this feature varies depending on the email software used on your personal computer). However, doing this will not always disable a web beacon or other tracking technologies in the email message due to specific email software capabilities. For more information about this, please refer to the information provided by your email software or service provider. Web beacons can also be rendered ineffective in certain circumstances by opting out of cookies or amending your cookie settings in your browser. Further details on web beacons, and how to manage them, can be found here:
www.allaboutcookies.org/faqs/beacons.html
If you have any other queries about our use of cookies, you can contact us at requests@battlecreekequipment.com.