Wastequip Privacy Notice for California Residents

Effective Date: January 1, 2020
Date Policy Last Updated: January 1, 2020

This Privacy Notice for California Residents supplements the information contained in Wastequip’s Privacy Policy (www.wastequip.com/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 it may be amended from time to time, and any terms defined in the CCPA have the same meaning when used in this notice.  “Wastequip”, as used in this Privacy Notice for California Residents, includes Wastequip, LLC and its subsidiaries and affiliates, including Amrep Manufacturing Company, LLC, Cusco Fabricators, LLC, Galbreath, LLC, Parts Place, LLC (dba Go To Parts), Toter, LLC, and Wastequip Manufacturing Company LLC.

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Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (”personal information”). In particular, Wastequip has or may have collected the following categories of personal information from its consumers within the last twelve (12) months:

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Personal information does not include: 

• Publicly available information from government records. 
• Deidentified or aggregated consumer information. 
• Information excluded from the CCPA’s scope, like: 
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; 
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
    

Wastequip obtains the categories of personal information listed above from the following categories of sources: 

• Directly from you. For example, from forms you complete, correspondence you send to us, emergency contact/dependent(s) information you provide to us, biometric information you provide to us, or products and services you purchase. 
• Indirectly from you. For example, from observing your actions on our Website, employment agencies/recruiters that you interact with, online retail marketplaces where you purchase our products, social media that you interact with, refuse hauling providers that you interact with, financial institutions/lenders you interact with, our authorized dealers and distributors that you interact with, insurance and medical providers that you interact with, credit reporting agencies, educational institutions you attended, search engine providers, and emergency contact/dependent(s) information provided to us. 
• Governmental entities.  For example, from towns, cities, counties, states and other governmental agencies that we provide products and services to. 
• Product Delivery Providers.  For example, overnight delivery services, US Postal Service, and other carriers. 
• Credit Reporting Agencies.  For example, credit reports. 
• Publicly Available Records.  For example, internet phone and address listings, internet business listings. 

Use of Personal Information

We may use, sell, or disclose the personal information we collect for one or more of the following purposes: 

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns or warranty requests. 
• To provide, support, personalize, and develop our Website, products, and services. 
• To create and maintain, customize, and secure your account with us. 
• To process your requests, purchases, financing requests, transactions, and payments and prevent transactional fraud. 
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses. 
• To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law). 
• To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business. 
• For testing, research, analysis, and product development, including to develop and improve our Website, products, and services. 
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. 
• As described to you when collecting your personal information or as otherwise set forth in the CCPA. 
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Wastequip’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Wastequip about our Website users is among the assets transferred.
  

Wastequip 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. 

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Sharing Personal Information

Wastequip may disclose your personal information to a third party for a business purpose or sell your personal information, subject to your right to opt-out of those sales (see Personal Information Sales Opt-Out and Opt-In Rights). When we disclose personal information for a business purpose, we may enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Wastequip has disclosed the following categories of personal information for a business or commercial purpose:

Category A: Identifiers
Category B: California Customer Records personal information categories
Category C: Protected classification characteristics under California or federal law
Category D: Commercial information
Category E: Biometric information
Category F: Internet or other similar network activity
Category G: Geolocation data
Category H: Sensory data
Category I:  Professional or employment-related information
Category J: Non-public education information
Category K: Inferences drawn from other personal information

 We disclose personal information for a business purpose to the following categories of third parties:

• Service providers; Governmental Entities; Professional Advisors; Advertising Agencies; List Brokers; Internet Service Providers; Data Analytics Providers; Operating Systems and Platforms; Social Networks; Payment Processors; Financial/Lending Institutions; Financing Providers; Insurance Brokers and Providers; Maintenance, Assembly & Delivery Service Providers; Payroll Processors; Transportation and Shipping Providers; Billing Service Providers; Attorneys and Records Retrieval Providers; Background Check Providers; Human Resources Management Providers; Customer Relationship Management Providers; Enterprise Resource Planning Providers; Order Fulfillment Vendors; Accounting and Tax Providers; Vehicle Tracking System Service Provider; Employee Benefits Services Providers.
  

In addition, we may disclose your Personal Information (i) in instances of pre-sale or due diligence activities during a potential sale of all or any part of Wastequip; and (ii) to entities owned in whole or in part by Wastequip and or to Wastequip’s parents.

Sales of Personal Information

In the preceding twelve (12) months, Company has sold the following categories of personal information:

A. Identifiers
B. California Customer Records personal information categories
C. Protected classification characteristics under California or federal law
D. Commercial information
E. Biometric information
F. Internet or other similar network activity
G. Geolocation data
H. Sensory data
I.   Professional or employment-related information
J.  Non-public education information
K. Inferences drawn from other personal information

We sell personal information to the following categories of third parties:

• Service providers; Governmental Entities; Professional Advisors; Advertising Agencies; List Brokers; Internet Service Providers; Data Analytics Providers; Operating Systems and Platforms; Social Networks; Payment Processors; Financial/Lending Institutions; Financing Providers; Insurance Brokers and Providers; Maintenance, Assembly & Delivery Service Providers; Payroll Processors; Transportation and Shipping Providers; Billing Service Providers; Attorneys and Records Retrieval Providers; Background Check Providers; Human Resources Management Providers; Customer Relationship Management Providers; Enterprise Resource Planning Providers; Order Fulfillment Vendors; Accounting and Tax Providers; Vehicle Tracking System Service Providers; Employee Benefits Service Providers

In addition, we may sell your Personal Information as an asset in connection with the sale of all or any part of Wastequip.

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Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that Wastequip disclose certain information to you about our collection, use, disclosure and sale of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you any of the following requested by you as required under the CCPA:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that Wastequip delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request requesting deletion of such information (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, 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.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Calling us at 1-888-693-8109.
  
• Visiting:  https://www.wastequip.com/ccpa-request.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.  We will attempt to verify your identity by matching information that you provide to us in your request to know or delete to information we have in our files.

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

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Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 total days), we will inform you of the reason and extension period in writing.  We will deliver our written response by mail or electronically, at your option.  Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically PDF format or other readily useable format.

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.

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Personal Information Sales Opt-Out and Opt-In Rights

You have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:

https://www.wastequip.com/ccpa-request  and choose the “Do Not Sell My Personal Information” option OR
by calling: 888-693-8109.

You may designate an agent to make an opt-out request under the CCPA. We require a notarized Power of Attorney in compliance with Cal. Probate Code Sections 4000 to 4465, signed by you, authorizing the agent to act on your behalf to make a request on your behalf under the CCPA.  Please instruct your agent to submit the notarized Power of Attorney to us by emailing it to us at: ccpa@wastequip.com, noting your name and the date when the request was submitted, in the email when making this request. An agent under the CCPA is a natural person or a business entity registered with the California Secretary of State that you have authorized to act on your behalf to make a request for you.  If we do not receive the notarized Power of Attorney from your agent at the time of making an opt-out request on your behalf, we will deny the request.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back into personal information sales at any time by visiting:

https://www.wastequip.com/ccpa-request

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

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Non-Discrimination

You have a right to not receive discriminatory treatment by us for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
  
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  
• Provide you a different level or quality of goods or services.
  
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

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Changes to Our Privacy Notice

Wastequip reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on our Websites and update the notice’s effective date. Your continued use of our Websites or purchase of our products and services following the posting of changes constitutes your acceptance of such changes.

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Contact Information

If you have any questions or comments about this notice, the ways in which Wastequip collects and uses your information described in this Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Phone:    888-693-8109
Website: https://www.wastequip.com/ccpa-request