Privacy Policy

The Activate Company, LLC (“we”, “us”, or “our”) respects the privacy of our customers. This Privacy Statement describes our practices and the practices of our affiliates for collecting, storing and using information we may collect from you (“you”, “your” or “Customer”) or that you may provide to us from time to time on service agreements, including without limitation software as a service agreements, and other business documents, and when you visit our websites or apps, when you email or contact us, or when you visit one of our locations (collectively, the “Services”).

Please read this Privacy Statement carefully to understand our policies and practices regarding your information. By providing us with information, you agree to the term of this Privacy Statement, as revised from time to time.

  1. WHAT INFORMATION WE MAY COLLECT

The information we collect through the Services may include, but is not limited to, your search queries on our website, personally identifiable information such as your name, address, e-mail address and other contact information, credit information, information that you provide when entering a contest or promotion sponsored by us, information that you provide when you report a problem through any of the Services, records of emails and other correspondence that you send to us, your responses to surveys that we might ask you to complete, and details of your transactions with us.

To use certain portions of the Services, you may need to provide us with personal information. In these situations, if you choose not to provide that information, it may not be possible for you to gain access to parts of the Services or for use to respond to you or provide the Services.

a) System Data

System data is information that is transmitted to us through application program interfaces and similar applications (“Applications“) and through telematics (and similar devices) (“Devices“) (we use the term “Digital Offerings” to refer collectively to all Applications and Devices that we use), which may include:

  • Device, Asset and Component Information, including model number, serial number, order number, software and hardware version numbers, performance, and configuration, including work tools or other peripheral devices attached to certain assets.
  • Electronic Data, including sensor logs, trends, histograms, event data, other alerts, digital state data, fault codes, idle time, daily and cumulative fuel consumption, emissions data, service meter hours, electronic data files downloaded manually or automatically from certain assets, troubleshooting data, and other data, depending on the Customer and the Services and communication channel used by a Device.
  • Inspection Data, including results of inspections using a third-party inspection system.
  • Device Location Information, including the physical location of certain assets (e.g., determined using satellite, GPS, cell phone tower, Bluetooth or WiFi signals).
  • Fluid Data, including analysis results of fluid samples (such as oil, hydraulic and coolant fluids) obtained using third-party tools.
  • Event Recorder Data, including location, speed, direction and associated video recordings, use of controls and positive train control information.
  • Service and Maintenance History, including work orders (records of all maintenance, repairs, replacements, and modifications to the Services), component life (history of usage and wear life of a component), maintenance schedule, planned maintenance, warranty coverage data, maintenance and repair contracts, service intervals (scheduled interval for planned maintenance for the Services), component lists (lists of parts that make up the Services) and service letters (describing special service actions recommended by developers to correct a known problem with the Services).
  • Patterns of Use, including any user-defined information relating to a product you provide to us through a Digital Offering.

b) Operations Data

Operations Data may include:

  • Information contained in tenders, invoices, purchase orders, sales contracts, service contracts, e-forms and other transactional documentation generated as part of the business relationship between us.
  • the Customer’s name, address, industry, customer category, and the name, position, email address, and telephone number of the Customer’s designated contact person.
  • Work order data, including information about the Customer, Services involved, problem identified, and repairs performed.
  • Information relating to Customer purchases, returns and replacements.

c) Payment Information

Payment Information may include your banking account details, debit card details, credit card details, credit card type (i.e. Visa, Mastercard, American Express), your billing address associated with the credit card, your shipping address and other information that is required to process the payment.

d) Personal Information

Personal Information is information that relates to an identified or identifiable individual, which may include but not limited to:

  • Name
  • Postal address (including billing and shipping addresses)
  • Telephone number
  • Email address
  • Identification information such as usernames and user IDs
  • The employer or company with which an individual is associated and his or her role and title
  • User Profile information
  • Geo-location information
  • Information about any computer or mobile device with which you access Applications
  • Information about your use of the Applications
  • Audio-visual data
  • Physiological data, such as eye movement, facial expression and heart rate

Information collected by us may simultaneously constitute System Data, Personal Information, and Operations Data, or any combination thereof.

  1. HOW WE COLLECT INFORMATION

We collect information in a variety of ways. For example, we collect information that you provide to us, information we collect through your use of our products and/or Services, and information we collect from publicly available sources or third parties.

a) Information You Provide to Us

We collect information you give us when you engage with us and/or use our products and/or Services. For example, we may collect information when you interact with us, attend one of our stands at a trade show, make an enquiry, place an order or contact our customer service.

b) Information Collected Through Your Use of Our Products and/or Services

In addition to the information you provide to use directly, we may collect information about your use of our products and/or Services. For example:

  • Through Applications / Devices: We may receive information directly via cellular or satellite link, or radio or Ethernet connection from devices equipped with an application that was either pre-installed or installed by us or otherwise accessing the Services, which may include System Data or Personal Information.

c) Information From Third-Party Sources

We may receive information from publicly and commercially available sources, as permitted by law, which we may combine with other information we receive from you. For example:

  • Via business affiliates or contractors which have collected from you via: (i) cellular or satellite link, or radio or Ethernet connection from devices accessing the Services, which may include System Data (such as information relating to the device of the Services) or Personal Information; or (ii) Digital Offerings.
  • From Component Manufacturers and OEMs: We may obtain System Data from manufacturers of the components in your devices accessing the Services or other certain assets related to the Services. This information may be provided to us automatically.
  • From Asset Owners and Others: We may receive additional information from owners of devices accessing the Services, operators and other persons who have management responsibility for a device accessing the Services.
  • From Other Sources: We may receive your information from other sources, such as credit reference agencies, public databases, joint marketing partners, internet, social media platforms (including from people with whom you are friends or are otherwise connected) and from other third parties. We may collect or generate information from troubleshooting data, from your service providers (such as fluid analysts and site inspectors) or from maintenance, inspection or warranty records.

d) Other Ways We Collect Information

As you navigate through the Services, we may use automatic data collection technologies to collect certain information about your browsing actions and patterns, the number of times your visit our websites, apps, or otherwise access the Services, and information about your computer and internet connection, including your IP address, operating system and browser type. The technologies we use for this automatic data collection may include cookies. A cookie is a small data file placed on the hard drive of your computer, which enables us to recognize you and helps us to personalize your visits to the Services. You may refuse to accept cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of the Services.

  1. HOW WE MAY USE INFORMATION

We use the information that we collect and that you provide to us for a variety of business purposes, including, but not limited to, providing you with products and/or services that you request from us, carrying out our obligations and enforcing our rights under our agreements with you, data analytics, marketing purposes, improving our products and services, and notifying you about additional products or services that may be of interest to you. We do not sell or rent your information.

a) To Provide Services to You and Others

  • To allow you to monitor the status of the Services, to complete and fulfill orders, and to communicate with you regarding the Services.
  • To fulfill customer support agreements and deliver the Services.
  • To make recommendations regarding safety, the Services, maintenance, worksite efficiency and productivity training.
  • To enable remote technician services, such as remote troubleshooting, and remote tuning.
  • To provide you with location-based Services and content.
  • To process payment related to our products and/or Services.

b) To Enable Communications

  • To send administrative or contractual information, for example, information regarding our terms and conditions related to the Services, warranty policies or service contracts.
  • To provide you with information about new products and services and to send you marketing communications that we believe may be of interest to you for which you may opt-out at any time.

c) For Other General Business Purposes

  • To conduct market research.
  • To perform data analytics, audits, improve products and/or Services, develop new products and/or Services, enhance, improve or modify our Digital Offerings, identify usage trends and operate and expand our business activities and for statistical analysis based on aggregated and de-identified data, such as benchmarking reports.
  • To provide services to customers, manage work flow, monitor repairs, project future maintenance and service, and troubleshoot issues.
  • To validate effectiveness of recommendations, resolve complaints, and fulfill orders.
  • To manage and provide you with the Services.
  • To maximize the efficiency of operations and increase sales.
  • To develop digital applications.
  • To manage your account with us and generally keep our records up to date and to administer our relationship with you.

d) Other Uses

  • To allow you to participate in sweepstakes, competitions or similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your information, including Personal Information. We suggest that you read any such rules carefully.
  • For additional uses as agreed by you and us, which may, for example, arise from new types of products or services that we may offer you.
  1. HOW WE STORE AND PROTECT INFORMATION

We have implemented reasonable measures to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. However, the transmission of information is not completely secure. We cannot guarantee the security of personal information transmitted to us at or through the Services, and any transmission of such information is at your own risk. The Services may contain links to third party websites and online services. We are not responsible for the privacy practices or content of third party websites.

We retain personal information collected from you as long as your account is active or otherwise as long as we need to fulfill the purposes for which it was collected, unless otherwise required by law.

  1. INFORMATION WE MAY SHARE WITH THIRD PARTIES

We may disclose personal information that we collect or that you provide to our parent, subsidiary and affiliated entities, and to contractors, service providers and other third parties used to support our business and the Services (collectively, the “Third Party Entities”). We also may disclose such information if required by law, to enforce our rights or if we have a good faith belief that such disclosure is necessary or appropriate to protect the rights, property, or safety of us, our clients or others. Additionally, any personal information that you provide may be transferred in a merger, acquisition, restructuring, or other corporate transaction involving the sale of all or substantially all of our assets.

If you purchase, own or rent certain equipment that is equipped with equipment monitoring technology, data concerning the equipment, its condition and its operation (“Telematics Information”) may be automatically transmitted to us and to Third Party Entities, regardless of the provider of such information. Telematics Information being transmitted may include, but is not limited to, serial number, location, and other data, including, but not limited to, fault codes, emissions data, fuel usage, service meter hours, software and hardware version numbers and installed attachments. By purchasing, renting and using such equipment, you consent to the collection, access, retention and use of the Telematics Information and agree that the Telematics Information may be accessed by us and Third Party Entities, with a legitimate business reason to access it, as well as third parties who may process the Telematics Information on their behalf.

Telematics Information may be used in combination with other data that that we or Third Party Entities have collected and may be used for a variety of purposes, including, but not limited to, the following: to improve products and services, to develop new products and offerings, to understand performance issues, to develop statistical studies, to comply with regulations and laws, to perform maintenance and repairs, to respond to inquiries you may have about your equipment, to conduct market research or surveys, and to notify you of promotions or offers that may be of interest to you. The Telematics Information may be made available to subsequent owners of equipment. Notwithstanding anything herein to the contrary, absent a written equipment monitoring agreement that expressly sets forth the monitoring services elected by you and is executed by our vice president, the transmission of Telematics Information shall not impose upon us any obligation to monitor your equipment and/or notify you of potential issues associated with the same.

  1. CHILDREN

We do not want to collect or maintain information from those under the age of 16. No part of the Services is structured to attract anyone under the age of 16. By using the Services you represent that you are not less than 16 years of age.

  1. ACCESS, CHANGES AND CORRECTIONS

Subject to certain exceptions prescribed by law, you have a right to access or request correction or deletion of most personal data that we have about you. In some circumstances, it may not be possible for us to provide you with all of your personal data. For instance, there may be instances where disclosing the requested information would impact the privacy of another individual. Where we cannot provide access to personal data held about you, we will tell you why.

If you think that any personal data we hold about you is inaccurate, you may contact us using the contact details below and we will take reasonable steps to ensure that the information is corrected. We may take steps to verify your identity before providing you access to your personal data.

If you send any request for access to or correction of your personal data, we will do our best to respond within a reasonable period after your request. We may retain all information you submit for backups, archiving, prevention of fraud, legal compliance or where we have a legitimate reason to do so.

  1. INTERNATIONAL TRANSFER

If you are accessing the Services from outside the United States, you are sending information, including personal information to the United States where we our servers are located. That information may then be transferred within the United States or back out of the United States to other countries outside your country of residence. These countries may not necessarily have data protection laws as comprehensive as those in your country. Information transferred to the United States or another country is subject to the laws of that country and may be disclosed or accessed in accordance with those laws. By transferring information or allowing information to be transferred to us, you consent to the transfer, processing and storage in countries outside you country of residence.

  1. DO NOT TRACK NOTIFICATIONS

Some browsers allow you to automatically notify websites you visit not to track you using a “Do Not Track” signal. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser.

  1. CONTACT INFORMATION

This Privacy Statement may change from time to time, so please check the Privacy Statement periodically for updates. To:

  • ask questions about this Privacy Statement or our privacy practices
  • to obtain a copy of this Privacy Statement in paper format
  • request access to information that we have about you
  • correct any information you have provided
  • delete information that we have about you

You may contact us at 150 North Michigan Avenue, Suite 2800, Chicago, Illinois 60601, or electronically at brian@theactivatecompany.com.