Privacy Policy

PRIVACY POLICY

Last Modified – December 6, 2022

Introduction

ASC Engineered Solutions, LLC and their subsidiaries and affiliates (collectively, “Company” or “We”) respect your privacy. This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit any of the Company’s “Websites” (listed at the end of this Privacy Policy), or use our web-based tools or any software, content, information, functionality and services offered on or through our Websites and web-based tools, (collectively, “Services”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Privacy Policy applies to information we collect:

  • On the Websites.
  • In email, text, and other electronic messages between you and the Websites.
  • When you interact with our content, advertising, and applications on third-party websites and services, if those applications or content include links to this Privacy Policy.
  • Information we collect in connection with your attendance at a trade show.
  • When using our Services.
  • When you complete, submit, or otherwise participate in surveys or questionnaires.

It does not apply to information collected by:

  • Us through other offline means.
  • Us through any other means, including on any other website operated by Company or any third party; or
  • Any third party, including through any application or content (including advertising) that may link to or be accessible from the Website.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Websites. By accessing or using any of the Websites, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of any of the Websites after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.

Information We Collect About You and How We Collect It

We may collect several types of information from and about users of our Websites and Services, including information:

  • By which you are personally identified, such as name, postal address, e-mail address, telephone number, and general information about your professional position in relation to our products (“personal information”);
  • That is about you but individually does not identify you, such as comments or inquiries; and/or
  • About your internet connection, the equipment you use to access our Websites and usage details.

We collect this information:

  • Directly from you when you provide it to us.
  • Directly from you when you register to use our Services.
  • Automatically as you navigate through the Websites. Information collected automatically include usage details like what browser and device you use, IP addresses, browsing history on and off our Websites and information collected through cookies, web beacons, and other tracking technologies.
  • From third parties, for example, our business partners.

Information You Provide to Us. The information we collect on or through our Websites includes:

  • Information that you provide by filling in forms on our Websites. This includes information provided at the time of registering or using our Services, subscribing to our newsletters, changing your address on file, or asking us to contact you. We also ask you for information when you report a problem with our Websites.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Your search queries on the Websites.
  • Data you have entered using our Services to perform your work.

Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Websites, we use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Websites, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Websites.
  • Information about your computer and internet connection, including your IP address, operating system, ISP, and browser type.

We also use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). See “California Do Not Track Disclosures” for information on how you can opt out of behavioral tracking on the Websites and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

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 Websites and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Websites according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Websites.

The technologies we use for this automatic data collection includes:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Websites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Websites.
  • Web Beacons. Pages of the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, 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).
  • Google Analytics. To help analyze how visitors use our Services we may use Google Analytics, which places cookies on your device to collect standard internet log information and visitor behavior information in an anonymous form. The anonymous information generated by Google Analytics cookies about your use of our Services is transmitted to Google. This information is processed to compile statistical reports on website activity for our Services only. We use these reports to evaluate your needs. For more information regarding Google Analytics please visit Google’s website, at www.google.com/analytics/learn/privacy.html

If you opt out of cookies, anonymized information will still be tracked and gathered.

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer. Click here to see a list of the cookies in use on this site. You may opt out of cookie categories or change your privacy selections at any time by visiting our Privacy Preference Center, accessible in the green cookie icon located in the lower left hand corner of our site.

Third-Party Use of Cookies and Other Tracking Technologies.

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Websites. 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 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 are used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

Do Not Track

Do Not Track (DNT) is a privacy preference you can set in most browsers. There is no standard interpretation or practice for responding to DNT signals, so we handle all user information consistent with this Privacy Policy. For more details, you can visit allaboutdnt.com. As provided below, we will not disclose your Personal Information to third parties if we have received and processed a request from you not to do so. To submit such a request, please contact us by clicking here: Do Not Sell My Personal Information.

How We Use Your Information

We may use information that we collect about you or that you provide to us, including any personal information:

  • To present our Websites, Services and their contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • 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 notify you about changes to our Websites, Services or any products or services we offer or provide though them.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We may also use your information to contact you about goods and services that may be of interest to you. For more information, see Choices About How We Use and Disclose Your Information.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this Privacy Policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our businesses, including operation of our Websites and Services.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets (including those of any affiliate or subsidiary), whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company (or the applicable affiliate or subsidiary) about our Website users is among the assets transferred.
  • To fulfill the purpose for which you provide it, such as to send you product literature upon request.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms and Conditions and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers, our users, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties’ products or services, you can so direct us by refusing consent on the form on which we collect your data or at any other time by sending us an email stating your request to the appropriate below email address. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.

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. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Personal Data of Children

Our services, including our websites and applications, are not directed to children under 16 years of age and we do not knowingly collect any personal data from children under 16. If we learn that we collected the personal data of a child under the age of 16, we will use reasonable efforts to delete such information from our systems promptly.

Accessing and Correcting Your Information

You may send us an email at the appropriate below email address to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Data Location And Legal Standards

All information we collect via the Websites is stored and processed on servers, either ours or those of our third-party service providers, in the United States or other countries. The data privacy laws in these countries may differ from the laws of your home country. We operate the Websites in accordance with U.S. law and this Privacy Policy.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Websites and Services, you are responsible for keeping this password confidential. We ask you not to share your 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 Websites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our Privacy Policy on this page. The date the Privacy Policy was last revised is identified at the top of the page. If we determine in our sole discretion that an update is material to how we treat our users’ personal information, we will make reasonable efforts to notify you, such as via email at the address we have on file for you or through a notice on the Website home page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Websites and this Privacy Policy to check for any changes.

NOTICE TO CALIFORNIA RESIDENTS

The following section applies to California residents.

Shine the Light

Under California’s “Shine the Light” law, you have the right to ask us once a year if we have shared your personal information with third parties for direct marketing purposes. To make a request please contact us at marketing@asc-es.com and specify you are making a Shine the Light request.

California Consumer Privacy Act (“CCPA”).

CCPA creates consumer privacy rights and requires businesses to make disclosures about their privacy policies and practices. Pursuant to the CCPA, both our privacy practices and your privacy rights are discussed in detail in the following information.

Personal Information We Collect. We collect your personal information when you interact with our Website, use our Services or otherwise communicate with us. For the purposes of this Privacy Notice, “Personal Information” means 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 or device.

We have collected the following categories of Personal Information covered by the CCPA from consumers within the past 12 months and used it for business purposes:

  • Identifiers
  • Consumer Records
  • Legally Protected Characteristics
  • Commercial Purchasing Information
  • Biometric Information
  • Internet or Network Activity
  • Geolocation
  • Information Typically Detected by the Senses
  • Employment Education
  • Education Information
  • Inferenced from Above Used to Profile

We use the above categories of information to perform services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytic services, or similar services on behalf of the business or service provider.

Additionally, we use identifiers and commercial purchasing information to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and to prosecute those responsible for that activity.

We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible business purposes without providing you notice.

Sharing Your Information. We may disclose your Personal Information to third parties.

We may disclose the following categories of Personal Information covered by the CCPA for a business purpose:

  • The following identifiers: name, address, zip code, email address, phone number, IP address
  • The following consumer records: credit card number
  • The following legally protected characteristics: gender
  • Commercial purchasing information
  • The following internet or network activity: website browsing history and other cookie data
  • Geolocation
  • Inferenced from above used to profile

We may disclose some or all of the above categories of information to the following third parties and/or service providers for a business purpose: advertising networks, internet service providers, data analytics providers, and operating systems and platforms.

In the preceding 12 months, we have not sold or disclosed Personal Information about consumers.

In the preceding 12 months, we have not sold or disclosed Personal Information about minors.

Source of Personal Information. We obtain the categories of personal information that are listed above in the following ways:

Directly from You. For example, when you:

  • Create a personalized account with us.
  • Sign up to receive emails or text messages.
  • Provide your contact information to us.
  • Submit a request to us.
  • Submit product reviews.
  • Complete, submit, or otherwise participate in one of our questionnaires, or surveys.
  • Interact with our social media pages.

We collect the following categories of personal information directly from you: identifiers, consumer records, legally protected characteristics, commercial purchasing information, biometric information, information typically detected by the senses, employment information, and education information.

Passively. For example, when you:

  • Visit and navigate our Website on any device.
  • Receive or interact with our communications and Websites that may contain cookies.

We collect the following categories of personal information passively: identifiers, geolocation and internet or network activity.

From Third Parties. We may receive information about you from other sources. For example, we get information from:

  • Our business partners.
  • Social media platforms.
  • Companies that provide information to supplement what we already know about you, including data brokers.

We collect the following categories of personal information from third parties: identifiers, consumer records, legally protected characteristics, commercial purchasing information, employment information, education information, and inferenced from above used to profile.

Your Rights. The CCPA gives you certain rights regarding your personal information:

  • Right to Know. You may request no more than twice in a 12-month period that we provide you with copies of specific personal information we have collected, sold, or disclosed about you. However, under California law, we cannot provide you with certain sensitive information, despite your request (for example, we will not send you copies of your credit card number even if it is something we collected).
  • Right to Delete. You may request that we delete certain personal information we have collected about you, with certain exceptions.
  • Right to Opt Out. Opt out of the sale of your personal information to third parties.

Exercising Your Rights. To exercise your right to know, delete or opt out, please email us at marketing@asc-es.com. Please describe your request with sufficient detail so we can properly respond to your request. As part of your request, please specify which right you are exercising and be prepared to provide the following information: name, email, and type of request you would like to make. We may ask for additional information to verify your identity. The information you provide in your request and any follow up information we ask for from you will be used solely to verify your request.

After receiving your request, we may need to contact you for further information and will notify you if your request has been granted or declined, or if an exception applies to your request.

Only you or an individual designated as your authorized agent to act on your behalf may make a request related to your personal information. You may also make a request on behalf of your minor child.

We will not discriminate against you if you choose to exercise your rights. You may unsubscribe from email marketing at any time or exercise your other Consumer Rights as described in this section by sending us an email at marketing@asc-es.com.

Contact Information

To ask questions or comment about this Privacy Policy or our privacy practices, contact us at: marketing.com@asc-es.com

Company Websites Covered By this Privacy Policy

www.asc-es.com

www.energysalesllc.com