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PRIVACY POLICY
Tenacious Holdings, Inc. d/b/a/ Ergodyne ("Ergodyne") is committedto the privacy
of your information. This Privacy Policy is meant to help you understand the
information we collect, why we collect it, and how you can manage it. This
Policy applies to our website at www.ergodyne.com (the "Site") and any related
products, services, and Products and Services, you are acknowledging that you
have read, understood, and accept this Privacy Policy.
In this Privacy Policy, any use of the words "you," "yours," or similar
expressions refers to users of this Site and our Services, as well as any other
individuals whose information we collect and process. References to "we," "us,"
"our" or similar expressions refer to Ergodyne.
This Policy does not extend to anyone whose personal information is not under
our control or management, including data that is collected by other websites
that you may visit before or after this Site, and which are not governed by this
Privacy Policy. We are not responsible for the data protection or privacy
policies of any other websites, and accept no responsibility or liability for
those policies. Please carefully check the policies of other websites and
services you use before you visit or submit personal information.
* 1. INFORMATION WE COLLECT
* 1.1 Information We Collect and Receive. In order for you to use our Site
and purchase our Products and Services, we need to collect and process
certain types of information. Depending on your use of our Site and
Services, this may include:
* Information you provide to us by completing forms on our website: For
example, if you fill out our contact form on our website (available at
https://www.ergodyne.com/contacts), we may collect other information you
enter into that, or other forms on our website;
* Information you provide to us by contacting us: Any personal information
you may provide to us when you email or call us, such as name, phone
number, employer, and any other details you provide in your
communications. Ergodyne may also request your contact information for
the purposes of having someone contact you for additional information, or
in response to your request for information from us;
* Transaction information when you purchase Products and Services from us:
For example, if you make purchases with your credit card, we may use your
credit card information for shipping, billing, and credit card validation
purposes;
* Login information, such as username and password, that you may use in
connection with our Services;
* Information about your activity through our Products and Services,
including your device information, such as your IP address, the type of
device or browser you use, and your actions on the Site.
We will only use personal information to provide you with information,
products, or services you have requested, or for other purposes set out
in this Policy. Personal information does not include aggregate
information from which individual identities have been removed.
* 1.2 Information from Children. Ergodyne does not knowingly solicit or
collect any personal information from anyone under 13 years of age, and
children under 13 are not permitted to register for or use our Site or
Services, including by subscribing to receive information from Ergodyne.
Parents can contact our customer service department to access, change, or
delete the personal information that has been submitted by a child. If we
become aware that a child under the age of 13 has provided us with personal
information, we will delete it.
* 1.3 Cookies and Tracers. We use cookies and similar technologies (e.g., web
beacons, pixels, ad tags and device identifiers) to recognize you and/or
your device(s) on, off and across the Site and different Services and
devices. You can control cookies through your browser settings and other
tools. Please refer to your browser instructions to learn more about these
functions. Enabling cookies allows you to take full advantage of all the
features on the Site and we recommend that you leave them turned on. If you
elect to block the use of cookies and similar technologies that track your
behavior on the sites of others for third party advertising. By accessing
our site, you consent to Ergodyne’s use of cookies on your computer or
mobile device.
Cookie
Description
More details regarding specific privacy policy
Hotjar
We use the Hotjar service, a functional cookie, to help us improve the visitor
experience and performance of our website. Hotjar provides graphical, video and
text analysis of visitor behavior on a website. It tracks where visitors click
and allows us to fine-tune the layout and design of our web pages. Personal data
gets deleted after 1 year.
https://help.hotjar.com/hc/en-us/articles/115011789248-Hotjar-Cookies
Crazy Egg
We use the Crazy Egg service, a functional cookie, to help us improve the
visitor experience and performance of our website. Crazy Egg provides graphical,
video and text analysis of visitor behavior on a website. It tracks where
visitors click and allows us to fine-tune the layout and design of our web
pages. Personal data gets deleted after 1 year.
https://www.crazyegg.com/privacy
DoubleClick Floodlight
DoubleClick Floodlight cookies, a marketing/advertising cookie, enable us to
understand if you complete certain actions on our website(s) after you have seen
or clicked through one of our display/ video advertisements served on Google or
other platforms via DoubleClick. DoubleClick uses this cookie to understand the
content with which you have engaged on our website(s) so they may subsequently
deliver some targeted advertisements to you. Personal data gets deleted between
180-540 days.
https://support.google.com/ds/answer/2839090?hl=en
Google Analytics
We use Google Analytics, a functional cookie, to understand how our media
campaigns work and how you interact with our website in order to improve the
user experience. Personal data gets deleted between 1 minute and 2 years,
depending on the type of analytic.
https://tools.google.com/dlpage/gaoptout
Google tracking cookies
Google tracking cookies, a marketing/advertising cookie, enable us to understand
if you complete certain actions on our website(s) after you have seen or clicked
through one of our adverts served via Google. Based on the content you have
engaged with on our websites Google are able to deliver some targeted adverts
across other Google partner websites. Personal data gets deleted between 180-540
days.
https://support.google.com/ads/answer/2662922?hl=en
Facebook
Facebook, a marketing/ advertising cookie, helps you stay in touch with your
network through their website/ mobile application. We make it easier for you to
share any content of interest on Facebook and sometimes, we may present you with
some targeted advertisements on Facebook based on your engagement with our
website(s). Personal data gets deleted after 1 year.
https://en-gb.facebook.com/help/568137493302217
LinkedIn
The LinkedIn insight tag, a marketing/ advertising cookie, allows us to perform
campaign reporting and unlock valuable insights about website visitors that may
come via the campaigns we run on LinkedIn. Personal data gets deleted after 90
days.
https://www.linkedin.com/help/lms/answer/65521/the-linkedin-insight-tag-overview?lang=en
Twitter
Twitter, a marketing/ advertising cookie, provides real time updates from across
the globe on the latest trending stories, ideas and opinions from the Twitter
accounts or hashtags that you choose to follow. We make it easier for you to
share our website content over Twitter. At times, we may present you with some
ads on Twitter based on your engagement with our website(s). Personal data gets
deleted after 1 year.
https://support.twitter.com/articles/20170410
YouTube
We embed videos or insert links to videos from YouTube on our website(s). As a
result, when you visit a page with content embedded from or linked to YouTube,
you may be presented with marketing/advertising content from YouTube. Personal
data gets deleted between 180-540 days.
https://support.google.com/ads/answer/2662922?hl=en-GB
Dotdigital
These marketing/advertising cookies are used to help track email subscriptions
and engagement with Dotdigital emails or other content sent to opt-in customers.
Personal data gets deleted within 30 days of opting out.
https://dotdigital.com/terms/cookie-policy/
Algolia
We use the Algolia service, a functional cookie, to help us improve the visitor
experience and performance of our website. Algolia tracks what users are
searching in the global navigation to help serve the most relevant results. No
personal data is stored.
https://www.algolia.com/policies/cookies/
CloudFlare
These cookies identify trusted web traffic. It does not correspond to any user
id in the web application, and does not store any personally identifiable
information.
https://support.cloudflare.com/hc/en-us/articles/200170156-What-does-the-CloudFlare-cfduid-cookie-do-
To opt out: https://www.cloudflare.com (cookie preferences link at bottom of
page).
Bazaarvoice
These marketing/advertising cookies allow web analytics to be correlated with
the same user for interactions across the Bazaarvoice network.
Bazaarvoice tools also provide users with the ability to submit reviews, and to
comment on or rate goods, products and services on websites and mobile
applications within the Bazaarvoice Network, which includes Klein Tools US
websites (but not Klein Tools EU/UK websites).
Please note that reviews or other user-generated content may be published on our
publicly facing website or mobile application, and it may be read, collected,
and used by Bazaarvoice, its affiliates, subsidiaries, vendors and Clients as
per its privacy policy.
Note also that Bazaarvoice uses User-Generated Content for Client Services,
market research, product development, service improvement, fraud detection, and
analytics. Consumer Account Info.
In order to submit reviews and other user-generated content, you need to have an
account with Klein Tools, and some of the information you submit to create that
account, including your name, email address, mailing address or phone number may
be collected by both Klein Tools and Bazaarvoice.
Privacy Policy | BazaarvoiceBazaarvoice (which includes a section on how to opt
out)
For a list of cookies set by Bazaarvoice on the Bazaarvoice Network, click here.
* * You can choose to reject or block all or specific types of cookies for
Ergodyne websites and/or the websites of any third party suppliers by
changing your browser settings. Please note that most browsers
automatically accept cookies. Therefore, if you do not wish cookies to be
used, you may need to actively delete or block the cookies. If you reject
the use of cookies, you will still be able to visit our websites but some
of the functions may not work correctly. You may also visit
www.allaboutcookies.org for details on how to delete or reject cookies and
for further information on cookies generally. By using our website without
deleting or rejecting some or all cookies, you agree that we can place
those cookies that you have not deleted or rejected on your device. You can
also manage advertising cookies via http://optout.aboutads.info/.
* 2. HOW WE USE INFORMATION
Ergodyne may use the personal information we collect for the following
purposes:
* To allow you log into and access your account;
* To deliver our products and services;
* To process any financial transactions you make on our Site.
* To keep your information secure, and to be able to verify your identity
and contact information;
* To alert you about product updates, special offers, updated information
and other news and services from Ergodyne;
* To ensure our website and services are relevant to you and your
interests;
* To help us create and publish content most relevant to you; and
* To contact you in response to sign up forms or requests such as our
Feedback or Contact Us forms.
* 3. HOW INFORMATION MAY BE SHARED
Ergodyne will never sell or rent any of your personal information, and we
will never share your personal information publicly without your consent.
We only share your information with certain trusted third-party services to
help us provide, improve, promote, or protect our products and Services.
For example, we may store the information described in Section 1.1 above
with a third-party data storage service to support delivery of our Services
and respond to customer service requests. We may also share your payment
transaction data described in Section 1.1 with third-parties to process
your payment transactions. Whenever we share data with third-party
services, we require that they use your information only for the purposes
we’ve authorized, and that they protect your personal information at least
to the same standards we do.
We also reserve the right to disclose personal information when it is
reasonably necessary to conduct our business, protect Ergodyne’s legal
rights and property, legal transfers of business assets, and/or to comply
with the law or law enforcement. Otherwise, your personal information is
never shared with any individual or other organization.
* 4. PROTECTION OF YOUR PERSONAL INFORMATION
We take the security of your personal information seriously, and follow
industry-standard practices to protect the data we collect and process.
Ergodyne has therefore put in place commercially reasonable physical,
electronic, and managerial procedures to safeguard and secure the personal
information that Ergodyne collects. Access to personal information will be
restricted to our authorized personnel who require the information in order
to perform their duties properly. In addition, access will be limited to
only that information that is strictly necessary for the performance of
those duties.
Remember, the safety and security of your information also depends on you.
Where you have chosen, or where we have given you a user name and password
for access to certain parts of the Site or Services, you are responsible
for keeping the user name and password confidential. No method of
transmission over the internet or electronic storage is completely secure,
so Ergodyne cannot guarantee its absolute security. Ergodyne makes no
representations about the security of your personal information. By
accessing the Site or purchasing our Products and Services, you assume all
risk in and sole responsibility for using the site, including, without
limitation, all risk of injury due to a data security breach.
* 5. DATA TRANSFERS
Because Ergodyne is a US-based company, your information may be collected
and processed in the United States. Additionally, as part of the products
and services offered to you through our Site, the information which we
collect about you may be transferred to, and stored in, one or more
countries other than where you currently reside. For example, this may
occur if any of our servers or third-party service providers are located in
a country other than yours. These countries may have different data
protection laws that are similar to your current residence. However, if we
transfer your information in this way, we will put in place appropriate
protection to make sure your personal data remains adequately protected and
is treated in line with this Privacy Policy.
* 6. BASIS FOR PROCESSING - EUROPEAN UNION RESIDENTS
Data protection law in Europe requires a "lawful basis" for collecting and
retaining personal information from residents of the European Economic
Area. Our lawful bases include:
* Performing the contract we have with you: In certain circumstances, we
need your personal data to comply with our contractual obligation to
deliver our Products and Services, and assist with any questions you may
have.
* Consent: we may ask your consent to process your personal information in
some situations.
* Legal compliance: Sometimes the law says we need to collect and use your
data.
* Legitimate interests: This is a term in data protection law that allows
us to process your personal information if we have a fair reason to use
your data, and only if we do so in ways which do not hurt your interests
and rights. We sometimes require your data to pursue our legitimate
interests in running our business, including for delivering our Products
and Services, fraud prevention, quality assurance, and marketing
purposes, as long as our use of your data does not materially impact your
rights, freedom or interests. This allows us to improve and develop the
quality of the online experience we offer all our users.
* 7. EMAIL NOTIFICATIONS
We try to keep email communications to a minimum, and give you the ability
to opt in to any marketing communications we send. For example, we may send
you email relating to the Products and Services we offer. You may also
elect to receive certain marketing email communications, in accordance with
your preferences, and from which you may opt out at any time. You can
always opt out of receiving email information or mobile device
notifications from Ergodyne (other than certain required communications
informing you of the completion of a purchase, user registration,
correction of user data, or change of password), by logging into the Site
and adjusting your user preferences in your account profile, or by sending
us an email at support@ergodyne.com stating your request. If we have sent
you a promotional email or mobile device notification, you may send us a
return email or mobile device communication asking to be omitted from
future email or mobile device distributions. This opt out does not apply to
information provided to Ergodyne as a result of a purchase of the Products
and Services, product service experience, or other transactions.
* 8. RETENTION
We will hold your personal information on our systems for as long as is
necessary to perform the relevant processing activity for that information,
or as long as is set out in any relevant contract you hold with us. This is
a case by case determination that depends on things like the nature of the
data, why it is collected, why it is processed, and any relevant legal or
operational retention needs. For example, we may retain your data for as
long as you maintain an account on our Site so that we may process and
deliver your orders. We may also be legally required to hold some types of
information to fulfil our statutory obligations. We review our retention
periods for personal information on a regular basis. When the relevant
processing activity has been completed, we may destroy your data, or
alternatively anonymize the data in such a way that you are not personally
identifiable, either directly or indirectly.
* 9. PERSONAL INFORMATION REQUESTS - CALIFORNIA AND EUROPEAN UNION RESIDENTS
Users or Site visitors residing in certain locations, including the
European Union and California (after January 1, 2020), may be afforded
certain rights regarding their personal information. Except where an
exception or exemption applies, these rights may include the ability to
request disclosure of the information we have collected about you, as well
as the right to review our data collection practices related to you, the
ability to request deletion of your personal information, and the right not
to be discriminated against due to your exercise of any of the preceding
rights. While these rights are not globally applicable, all of our
customers are entitled to request access to the personal information that
we hold about them. Customers may also log into their accounts on the Site
to view and manage personal information settings. To ensure that your
personal information is accurate and complete, please contact us through
the email address below regarding any errors or updates affecting the
personal information that we may hold.
You may also send us an email at support@ergodyne.com or call us at
800-225-8238 to request access to, correct, or delete any personal
information that we hold about you. You may also contact us via email or
phone to request limitations on the use and disclosure of your personal
information specified in this Privacy Policy. Residents of California may
designate an authorized agent to exercise certain privacy rights on their
behalf, and should make any such request by contacting the above email
address. To protect your privacy and security, Ergodyne may take reasonable
steps to verify your identity before granting access to, correcting, or
deleting data. We will generally respond to your request for information
within 30 days, unless a longer response time is necessary, in which case,
you will be advised accordingly. Please note that we may retain certain
information as required by law or as necessary for our legitimate business
purposes.
* 10. EU-US PRIVACY SHIELD
Ergodyne participates in and has certified its compliance with the EU-U.S.
Privacy Shield Framework. Ergodyne is committed to subjecting all personal
data received from European Union (EU) member countries, in reliance on the
Privacy Shield Framework, to the Framework’s applicable Principles. To
learn more about the Privacy Shield Framework, visit the U.S. Department of
Commerce’s Privacy Shield website.
Ergodyne is responsible for the processing of personal data that it
receives through the Privacy Shield Framework that it subsequently
transfers to a third party acting as an agent on its behalf. Ergodyne
complies with the Privacy Shield Principles for all onward transfers of
personal data from the EU, including the onward transfer liability
provisions.
With respect to personal data received or transferred pursuant to the
Privacy Shield Framework, Ergodyne is subject to the regulatory enforcement
powers of the U.S. Federal Trade Commission. In certain situations,
Ergodyne may be required to disclose personal data in response to lawful
requests by public authorities, including to meet national security or law
enforcement requirements.
* 11. QUESTIONS, COMMENTS, OR COMPLAINTS
If you have questions or comments about this Privacy Policy, or if you are
not completely satisfied with this Privacy Policy or its application by us,
we invite you to convey your concerns or suggestions to us at
support@ergodyne.com. If you have an applicable disability, you may also
contact us at the above email address to request access to this Privacy
Policy an alternative format. We will reply as quickly as possible and
inform you of the steps, if any, that have been or will be taken in order
to address your concern or implement the suggestion.
Ergodyne strives to satisfy our customers’ and visitors’ privacy concerns.
However, if you have contacted Ergodyne at the above email address about
your issue and are still unhappy with our response, and if you are also a
resident of the European Economic Area, you may contact your local EU Data
Protection Authority (DPA) regarding your issue. Ergodyne commits to
cooperate with the panel established by the EU DPAs, and to comply with the
advice given by the panel with regard to data transferred from the EU. More
information is available here.
>Finally, under certain conditions more fully described on the Privacy
Shield website
https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may
be entitled to invoke binding arbitration when other dispute resolution
procedures have been exhausted.
* 12. UPDATES AND CHANGES TO THIS PRIVACY POLICY
This Privacy Policy is effective as of 05/28/2020. We may update this
Policy from time to time. If we do, we’ll let you know about any material
changes, either by notifying you on the Site or by sending you an email.
Any updates to this Policy will not apply retroactively. If you keep using
our Site or Services after a change, that means you accept this Policy.
Since 1983, Ergodyne has pioneered the development of products that Make The
Workplace A Betterplace.
What started with just one product has grown into a line of top flight,
battle-tested, Tenacious Work Gear; all precision crafted to provide protection,
promote prevention and manage the elements for workers on job sites the world
over.
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