Malco Automotive Privacy Policy

for California Residents

 

Introduction

 

This Privacy Policy covers types of information Malco Products, Inc. (“MPI”, “we”, or “us”) may collect from you or that you may provide when you visit any MPI sites. These sites include https://malcoautomotive.com (our “Websites”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

 

This Privacy Policy for California Residents supplements the information contained in Malco Products, Inc.’s Privacy Policy located at https://malcoautomotive.com/pages/privacy-policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA), as amended, and any terms defined in the CCPA have the same meaning when used in this Policy.

 

Please read this 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 these Websites, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of these Websites after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

 

Children Under the Age of 16

 

Our Websites are not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Websites. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on these Websites or through any of their features or provide any information about yourself to us, including your name, address, telephone number, email address, or any other information by which you might be identified. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at privacy@malcoautomotive.com.

 

Information We Collect

 

We collect 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.

 

We may collect the following categories of Personal Information. Not all categories may be collected or received for every individual.

 

Identifiers, such as 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.

 

Personal Information, including name, signature, Social Security number, physical characteristics or description, 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. ″Personal information″ does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. (Some items in this category may overlap with other categories).

 

Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

 

Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an internet website application, or advertisement.

 

Geolocation data, including general or precise location, or movements.

 

How We Collect Your Personal Information

 

Direct Collection of Personal Information

 

The information we collect on or through our Websites or directly from you through other means may include:

• Information that you provide by filling in forms on our Websites.
• Records and copies of your correspondence (including email address), if you contact us.
• Your search queries on the Websites.
• Information submitted when you report a problem with our Websites.
• Information submitted when you request further services.
• Your responses to surveys that we might ask you to complete.
• Information required to enter a contest or promotion sponsored by us.
• Information used to create your user account.
• Details of transactions you carry out through our Websites and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Websites.
• Information provided while using any other interactive features of our Websites.

 

Indirect Collection of Personal Information

 

As you navigate through and interact with our Websites, we may 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, logs, location data, 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, and browser type.

 

The information we collect automatically 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:

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

 

We may collect information automatically using one of the following technologies:

• 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. For further information, visit https://allaboutcookies.org.
• Web Beacons/Tracking Pixels. Pages of our Websites 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).

 

How We Use Your Personal Information

 

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

• To present our Websites and their contents to you.
• To provide you with information, products, or services that you request from us.
• 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 carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• In order to process any orders for products or services, we may send your data to, and also use the resulting information from, credit reporting agencies to prevent fraudulent purchases.
• To fulfill any other purpose for which you provide it.
• To notify you about changes to our Websites or any products or services we offer or provide though them.
• 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 or consumers is among the assets transferred.
• 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.
• To allow you to participate in interactive features on our Websites.
• For any other purpose with your consent.

 

We may also use your information to contact you about our goods and services that may be of interest to you. If you have agreed to receive marketing, you may always opt out at a later date. If you no longer wish to be contacted for marketing purposes, please contact us at privacy@malcoautomotive.com. For more information, see Your Choices Regarding Our Use of Your Personal Information.

 

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.

 

Who We Share Your Personal Information With

 

Disclosure of Personal Information for a Business Purpose

 

We may share your Personal Information by disclosing it to a third party for a business purpose. In the preceding twelve (12) months, Company has disclosed Personal Information for a business purpose to the following categories of third parties:

• Identifiers
  • Service Providers
  • Data Analytics Providers
  • Partners
• Personal Information
  • Service Providers
  • Partners
• Commercial Information
  • Service Providers
  • Partners
• Internet or Other Electronic Network Activity
  • Service Providers
  • Data Analytics Providers
• Geolocation Data
  • Service Providers
  • Partners

 

Business information that might be otherwise be considered as Personal Information, such as Identifiers, Personal Information and Commercial Information submitted by individuals in their work capacity may be shared with local distribution partners for the purpose of product support and local supply.

 

Sale of Personal Information

 

We may also share your Personal Information by selling it to third parties, subject to your right to opt-out of those sales if you live in certain jurisdictions. For more information on your Personal Information sale rights, see Personal Information Sales Opt-Out and Opt-In Rights. In the preceding twelve (12) months, Company has not sold your Personal Information to third parties.

 

For more information, see Your Choices Regarding Our Use of Your Personal Information.

 

We may also share your Personal Information:

• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• 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 or consumers is among the assets transferred.
• To enforce or apply our terms of use found at https://malcoautomotive.com/pages/terms-of-use-policy 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 Malco Products, Inc., our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

 

Sensitive Personal Information

 

Sensitive Personal Information is a subtype of Personal Information consisting of the following specific information categories:

• Government identifiers, such as your Social Security number, driver's license, state identification card, or passport number.
• Complete account access credentials, such as user names, account numbers, or card numbers combined with required access/security code or password.
• Precise geolocation, such as your physical location within a small area (1,850 feet radius).
• Racial or ethnic origin.
• Citizenship or immigration information.
• Religious or philosophical beliefs.
• Union membership.
• Mail, email, or text messages contents not directed to us.
• Genetic data.
• Unique biometric information used for identification.
• Health information.
• Sex life, or sexual orientation information.

 

Collection of Sensitive Personal Information

 

We may collect or use information that falls with the Sensitive Personal Information categories above to infer characteristics about a person. In the preceding twelve (12) months, Company has collected the categories of Sensitive Personal Information from consumers indicated below. Not all categories may be collected or received for every individual.

 

Sharing Sensitive Personal Information

 

We may share your Sensitive Personal Information by disclosing it to a third party for a business purpose. In the preceding twelve (12) months, Company has not disclosed Sensitive Personal Information for a business purpose to third parties.

__________

 

Sale of Sensitive Personal Information

 

We may also share your Sensitive Personal Information by selling it to third parties, subject to your right to opt-out of those sales. In the preceding twelve (12) months, Company has not sold your Sensitive Personal Information to third parties.

__________

 

For more information, see Your Choices Regarding Our Use of Your Personal Information.

 

Your Choices Regarding Our Use of Your Personal Information

 

Right to Know and Data Portability

 

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 (the “right to know”). You may only submit a request to know twice within a 12-month period. Once we receive your request and confirm your identity (see Exercising Your Rights), 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.
• 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.

 

Right to Delete

 

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 (the “right to delete”). Once we receive your request and confirm your identity (see Exercising Your Rights), we will review your request to see if an exception allowing us to retain the information 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.

 

We will delete or deidentify Personal Information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

 

Exercising Your Rights

 

To exercise any of these rights described above, please submit a request by either:

• Emailing us at privacy@malcoautomotive.com.
• Calling us at 330-753-0361.
• Writing us at Privacy, 361 Fairview Avenue, Barberton, Ohio 44203.

 

Only you, or someone legally authorized to act on your behalf, may exercise any of these rights related to your Personal Information. You may make a request to exercise any of these rights on behalf of your child. Your request to exercise any of these rights must:

• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative, which may include:
  • If you are submitting a request to know categories of personal information or to delete non-sensitive information with a low risk of harm: (i) you must provide at least two pieces of personal information which match information we already hold; and (ii) we must determine that the information matched is reliable for verification purposes.
  • If you are submitting a request to know specific pieces of personal information or to delete sensitive information with a high risk of harm: (i) you must provide at least three pieces of personal information which match information we already hold; and (ii) we must determine that the information matched is reliable for verification purposes.
  • If you are submitting a request as someone legally authorized to submit such request on behalf of another, we may require you to provide proof of a valid power of attorney under California’s Probate Code, or one of more of the following: (i) proof of the other person’s signed permission to submit the request; (ii) the other person verifying their identity directly with us, or (iii) the other person directly confirms that they have authorized you to submit the request on their behalf.
  • If you are making a request to exercise any of these rights on behalf of your child, we will require one of the following: (i) signing and returning a consent form to us; (ii) using a toll-free telephone number, video conference, or otherwise communicating in person with our trained personnel; or (iii) producing a form of government-issued identification to compare against databases of that information.
  • 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.
  • You do not need to create an account with us to submit a request to know or delete. 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 the Personal Information provided in the request to verify the requestor's identity or authority to make it.

 

For instructions on exercising your sale opt-out or opt-in rights, see Personal Information Sales Opt-Out and Opt-In Rights.

 

Response Timing and Format

 

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact us by emailing us at privacy@malcoautomotive.com or calling us at 330-753-0361.

 

We endeavor to substantively respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to another 45 days), 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 receipt of your request. 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.

 

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.

 

How We Protect Your Personal Information

 

We employ physical, procedural, and technological security measures to help protect your information from unauthorized access or disclosure. We may use encryption, passwords, and physical security measures to help protect your information against unauthorized access 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, 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.

 

Non-Discrimination

• 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 with a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

 

California “Shine the Light” Law

 

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Websites 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 privacy@malcoautomotive.com or write us at Privacy, 361 Fairview Avenue, Barberton, Ohio 44203.

 

Changes to Our Privacy Policy

 

We reserve the right to amend this Privacy Policy at our discretion and at any time. It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users' Personal Information, we will notify you by email to the primary email address specified in your account and through a notice on the Website home pages. The date the Privacy Policy was last revised is identified at the top of the page. When we make changes to this Privacy Policy, we will post the updated notice on the Websites and update the notices’ effective date. 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 their Privacy Policies to check for any changes. Your continued use of our Websites following the posting of changes constitutes your acceptance of such changes.

 

Contact Information

 

If you have any questions or comments about this notice, the ways in which  collects and uses your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights, please do not hesitate to contact us at:

• Malco Products, Inc.: Privacy, 361 Fairview Avenue, Barberton, Ohio 44203
• privacy@malcoautomotive.com
• 330-753-0361

 

 

 

4894-0297-3876, v. 3