Blackburn Manufacturing Co. Privacy Policy

Effective as of 4/2023

PRIVACY POLICY

The privacy and security of your information are very important to Blackburn Mfg. Co. (“Blackburn”, “Company”, “we”, “us”, “our”). We are deeply committed to maintaining industry-standard levels of security that comply with applicable federal and state laws to help protect the personal information that we collect.

This Privacy Policy applies to your interaction and communication with Company, including, without limitation, in person, by phone, through mail or email or through any online or mobile site, application or social media account that Company owns and controls (collectively, “Sites”), unless a separate privacy notice is posted or made available to you and supplements this Privacy Policy.

This Privacy Policy applies only to the Sites and does not extend to other websites, including websites owned and controlled by our partners or third-party websites for which we have provided links, or to any social media platforms, which are governed by their own terms of use and privacy policies.

By accessing or using our Sites or otherwise disclosing information to Company, you agree that you are providing freely-given, specific, informed, and unambiguous consent to our collection, use, and sharing of your information in accordance with this Privacy Policy.

Information we collect

We collect the below categories of information. We collect these categories of information in different ways, including directly and indirectly from individuals, automatic processes, and receiving the information from parties with which we do business. We may collect these categories of information in person, by phone, through mail or email and through our Sites. We may collect information from parties that interact with us directly (including our customers or individuals that apply for our products, respond to our surveys, request information about our products or services or otherwise voluntarily provide us with their information), parties to which we provide goods or services, parties that provide goods or services to us, and other parties with whom we offer or provide products and services.

We may collect and store the following types of information:

  • Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
  • Identifiers, such as name, address, email address, phone number, date of birth, social security number, taxpayer ID, driver’s license number, passport number, government ID or IP address.
  • Protected classification characteristics, such as race, color, national origin, marital status, sex, veteran or military status.
  • Geolocation data, such as physical location or movements.
  • Biometric information, such as face prints, voice recordings, fingerprints or keystroke patterns or rhythms.
  • Commercial information, such as organizational information, records of personal property or purchasing history.
  • Internet or other similar network usage activity, such as browser information, search history, device type or service provider information. Professional or employment related information, such as income or current or past job history.
  • Educational information, such as transcript, student records, grades and performance, activities, school name or school ID.
  • Health information, such as medical history, insurance information, benefit plan information, claims history or payment history.
  • Inferences drawn from other information, such as a person’s preferences, trends or behaviors.
  • Personal records, such as power of attorney, family history or power of attorney.
  • Information that you provide by filling in forms or providing other contributions on our Sites, including through email or over the phone.
  • Information received from a government entity or other third party.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Responses to surveys.
  • Details of the transactions you carry out with us or through our Sites, such as transaction records, financial information, credit information, account information and correspondence with you.
  • Account information when you register for an account on our Sites.
  • Any other information that you provide to us.

 

Further, we and our service providers may use various tracking technologies, including cookies, to collect information about you when you interact with our Sites, including information about your browsing and viewing behavior. Cookies are small data files stored on your hard drive or in device memory that help us improve the Sites and your experience, see which areas and features of the Sites are popular and count visits. In addition, when you access or use the Sites, our servers automatically record certain log file information, such as your Internet Protocol address, operating system, browser type and language, referring URLs, access times, pages viewed, links clicked and other information about your activities on the Site. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Sites.

 

Certain information set forth above may be categorized as “personal information” as defined under applicable law. Such personal information may receive additional protections under applicable state or federal law. Personal information specifically does not include information that is publicly available information from government records, or information that is deidentified or aggregated information.

In some cases, the information we collect about you may constitute “sensitive personal data”,  “sensitive personal information”, or “special categories of personal data” under applicable law. We only collect sensitive personal data if we have your consent, or if we have another lawful basis or requirement to do so. We may have collected the following categories of such information:

  • Social security, driver’s license, state identification card, or passport number;
  • Account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account;
  • Precise geolocation;
  • Mail, email, and/or text messages;
  • Genetic or biometric information for the purpose of uniquely identifying you;
  • Personal Data concerning your health;
  • Racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, data concerning health, or data concerning a natural person’s sex life or sexual orientation.

We may receive information that third parties provide us, which may include information about you. This Privacy Policy does not apply to information collected through or by any third party. If you have any questions about such third parties’ privacy practices, you should review their privacy policies.

How we use information we collect

We may use your information for various purposes related to our operations and your use of the Sites. For example, we may use your information to:

 

  • Detect, investigate or prevent activity that may be illegal, violate our policies, cause harm to our operations or compromise our security.
  • Optimize, improve or enhance our products, services and operations.
  • Respond to your inquiries or fulfill your requests, including to provide individuals with, or evaluate their eligibility for, products and services that they have requested from us.
  • Communicate with individuals about their accounts or transactions that they have made with us by any available means of communication.
  • Provide information regarding our products or services, including changes to our policies or other terms, conditions or agreements and our Sites.
  • Allow participation in surveys, sweepstakes, contests and other promotions.
  • Comply with legal and regulatory requirements, required disclosures and choices and controls that may be available.
  • Send offers and promotions for our products and services or for other products and services that may be of interest.
  • Carry out market analysis, research, and product pricing analysis and development.
  • Personalize online or mobile content and user experiences.
  • Verify the identity or location of an individual for security, fraud prevention and other risk control purposes.
  • Perform operational functions in connection with our business, including data analysis, audits, developing and improving products and services, enhancing the Sites, identifying usage trends and determining the effectiveness of promotional campaigns.
  • Offer and in connection with your employment (to the extent applicable to you).
  • Maintain appropriate records for internal administrative purposes.
  • Train our staff.
  • Fulfill any purpose that, under the circumstances, would be reasonably expected by a consumer to be employed.
  • Fulfill any other purpose disclosed by us to you at the time you provide us information.
  • Fulfill any other purpose with your consent or at your direction.

 

We may disclose each of the categories of information we collect for any of the business purposes set forth above.

We also may use aggregated or de-identified information, which cannot reasonably be used to identify you. Once de-identified and aggregated so that data does not personally identify you (for example, we may aggregate data in order to improve our automation and improve care), it is no longer personal information. Such de-identified and/or aggregated information which does not identify individuals is not subject to this Privacy Policy.

Our Legal Bases For Processing Information

  • Any other sufficient legal basis, as provided for under applicable law.

How we share information we collect

We may share information about you as follows or as otherwise described in this Privacy Policy:

  • To our current and future subsidiaries and affiliates.
  • To contractors, vendors, business partners, service providers and other third parties we use to support our business and who need access to such information to carry out work or perform services on our behalf (including equipment dealers).
  • To a buyer, successor, or other party in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of any or all of our assets to which we are a party, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding.
  • To third parties to market their products or services to you.
  • As may be permitted or required by law or to prevent or investigate suspected fraud, violations of our Terms of Use, or activity that appears to us to be illegal or may expose us to legal liability.
  • To provide you with a more personal experience, such as providing you with products and services that are relevant to you.
  • To enforce any agreement we may have with you.
  • To fulfill the purpose for which you provide it.
  • With your consent or at your direction.
  • To comply with any court order, law or legal process, such as responding to any government or regulatory request.
  • If we believe disclosure is necessary or appropriate to protect the rights, property or safety of Company, our customers or others.
  • For any other purpose disclosed by us when you provide the information.

 

We may disclose aggregated information about you, and information that does not identify any individual, without restriction. We may disclose each of the categories of information we collect for any of the business purposes set forth above.

International Transfers of Your Personal Information

In certain situations, we may transfer your personal information to countries outside of your jurisdiction. Certain destination countries may not have the same level of protection for personal information as your jurisdiction. It is possible that foreign law enforcement and other authorities may be able to access your personal information following an international transfer of your personal information. In any case, any international transfer of your personal information will be conducted in a manner that complies with the applicable law of your jurisdiction. Transfers of personal information outside of your jurisdiction will take place in the following manner:

  • Transfers of personal information to foreign receiving entities will be conducted with measures to provide an adequate level of protection using an acceptable data transfer mechanism, either through law, binding corporate rules, approved Codes of Conduct and certifications, or binding agreement.
  • In some cases, the destination jurisdiction may be recognized by your jurisdiction as providing adequate data protections.
  • In exceptional cases, we may rely upon certain statutory or regulatory exceptions, including your consent, necessity to conclude or perform a contract, the provision of a benefit to you, or other applicable exceptions as provided by the law of your jurisdiction in making an international transfer of your information.

Please write to info@blackburnflag.com if you want to receive further information or, where available, a copy of the relevant data transfer mechanism(s).

Third Party Links

The Sites may contain links to third-party content, services or products by linking to a third-party’s website. If you click on a third-party link, you will be directed to that third-party’s website. Company does not exercise control over third-party websites and is not responsible for the privacy practices or the content of any such third-party websites. Please note that if you provide any information to parties who provide services to us or to any other sites you encounter on the Internet (even if these sites reflect our branding), different rules and policies may apply to their use or disclosure of any personal information you disclose to them. We encourage you to check the privacy policies of third-party websites before providing your information to them. The fact that we may link to a third-party website or present a banner ad or other type of advertisement from a third party is not an endorsement, authorization, or representation of any affiliation by us with that third party, nor is it an endorsement of their privacy or information security policies or practices.

Third Party Analytic Services

We may work with certain third parties to collect, analyze, and use some of the information described above. For example, we may allow third parties to set cookies or use web beacons on the Sites or in email communications from Company. The information collected by third parties using these technologies may be used to engage in analysis and reporting. These third parties may set and access cookies on your computer or other device and may collect information about your online activities across different websites or services over time, including on websites and mobile applications that are not owned or operated by Company. In particular, the Sites may use Google Analytics to help collect and analyze certain information for the purposes discussed above. You may opt-out of the use of cookies in web browsers by Google Analytics by visiting Google’s website.

 

Security

We use appropriate technical and organizational security measures designed to safeguard the personal information under our control from unauthorized access, use, and disclosure. Despite these measures, the confidentiality of any communication or material transmitted to or from us via the Sites by Internet or email cannot be guaranteed. The safety and security of your information also depend on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Sites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Company encourages you to learn as much as you can about your privacy on the Internet.

Children Under the Age of 16

 

Individual Rights

The law of your jurisdiction may provide you with certain rights regarding our use of your personal information.

Subject to any exceptions under applicable law, you may have the following rights with respect to your personal information collected by Blackburn:

  • The right to know and access (to be informed). You may have the right to request Company disclose (i) a copy of the personal information that we collect about you; (ii) the categories of personal information that we collected about you; (iii) the categories of purposes for which such personal information was disclosed; (iv) the categories of sources such personal information was collected for; and (v) the categories of third parties such personal information may have been shared with.
  • The right to deletion (erasure). You may have the right to request that Company delete the personal information that we or our vendors collected about you. There may be circumstances under which we will be unable to delete your personal information, such as if we need to comply with our legal obligations or complete a transaction for which your personal information was collected. If we are unable to comply with your request for deletion, we will let you know the reason why.
  • The right to correct inaccurate personal information (rectification). You may have the right to obtain from us the rectification of inaccurate personal data concerning you and to have incomplete personal data completed.
  • The right to objection or restriction to Processing. You may have the right to object to or restrict the processing of your personal data on grounds relating to your particular situation. You can also object at any time to the processing of your personal data for marketing purposes. (Please note that even if you object to your use of personal data for direct marketing purposes, we will still send you transactional messages in relation to services that you have purchased from us. These include responses to your questions and information about a service you have purchased from us.)
  • The right to portability. You may have the right to receive the personal data concerning you which you have provided to a controller (or similarly defined term under applicable law) in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller.
  • The right to lodge a complaint. You may have the right to lodge a complaint with the relevant supervisory authority of your jurisdiction, Attorney General, place of employment, or the location where the issue that is the subject of the complaint occurred. In some jurisdictions, you may also have the right to bring suit against any processing entities that refuse to recognize other statutorily-provided rights. You may contact us, the relevant supervisory authority, or, as applicable, your state’s Attorney General for more information.
  • The right to not be subject to automated decision making. You may have the right to not be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or significantly affects you.
  • The right to not be subject to targeted advertising. You may have the right to not be subject to processing of your personal data for the purposes of providing you with targeted advertising.
  • The right to refuse or withdraw consent. You may have the right to refuse to give consent and you may have the right to withdraw (with effect for the future) your previously provided consent to processing of your personal information at any time without any adverse negative consequences. Do note, however, that if you choose to withdraw consent, you may experience certain unavoidable consequences. For example, if you choose to withdraw consent for the international transfer of your personal information, we may be unable to provide you with certain goods or services. In addition, if you choose to withdraw consent, the lawfulness of any processing of your personal data that occurred prior to the withdrawal of your consent will not be affected.
  • The right to appeal. If you submit a request to exercise one of the above rights and we deny such request, you may have the right to appeal our decision. If you choose to appeal, we will inform you of any action taken or not taken in response to the appeal within 45 days, along with a written explanation of the reasons in support of the response. Where reasonably necessary, we may extend the 45-day period by an additional 45 days (for a total of 90 days), where reasonably necessary. In the event that we employ such 45-day extension, we will inform you within the initial 45-day period of such extension, together with the reasons for the delay.
  • The right to opt-out. We will ask for your express consent prior to sending any commercial electronic messages to you, including via SMS texts or emails. You may opt-out of receiving promotional or marketing emails from us at any time by using the unsubscribe link located at the footer of any promotional or marketing email sent by us. Additionally, you may opt-out of mobile marketing for a specific mobile number at any time by replying “STOP” on your mobile phone/wireless device. Please allow 10 business days for us to process any marketing opt-out request. Do note that, in the case that you opt-out from promotional and marketing communications, we may still contact you for nonpromotional purposes, such as confirming an order or providing updates about your account.

If you choose to exercise any of these rights, Company will not discriminate against you in any way.

Exercising Your Rights

To exercise any of the aforementioned rights, contact us at info@blackburnflag.com or 1-800-942-5816. In connection with submitting a request, you must provide the following information: name, email, phone number, address (or U.S. state of residency or, if inapplicable, the non-U.S. country of residency) and you must state what type of request you are making.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. In general, we have the right to require you to provide written permission granting authority to your representative and for your agent to verify its identity directly with us, and we may deny a request from your representative who does not submit proof of authorization as we request.

The verifiable consumer request must provide sufficient information that allows Company to reasonably verify the requestor is the person about whom we collected personal information or an authorized representative and describe the request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Company cannot respond to a request or provide personal information if we cannot verify the identity or authority to make the request.

Company will endeavor to confirm receipt of a request within 10 days following submission and provide information about how we will process the request. Company will endeavor to respond to a verifiable consumer request within 30 days of its receipt. We may deliver our written response by mail or electronically, at your option.

Additional Disclosures

Some web browsers have “Do Not Track” or similar features that allow you to tell each website you visit that you do not want your activities on that website tracked. At present, the Sites do not respond to “Do Not Track” signals and consequently, the Sites will continue to collect information about you even if your browser’s “Do Not Track” feature is activated.

 

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Sites 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 info@blackburn.com.

 

Sale of Personal Information

Company has not, in the preceding 12 months, and does not currently, sell or share your personal data for money or other valuable consideration or cross-context behavioral advertising.

 

Use of Sensitive Personal Information

We do not use your sensitive personal information for the purpose of inferring characteristics about you.

Retention of Your Personal Information

We will retain your personal information, including sensitive personal information, for no longer than is reasonably necessary for the purpose(s) for which it was collected.  In certain cases, personal information may be kept for an extended period of time in order to comply with a legal obligation, or for the establishment, exercise or defense of a legal claim, in accordance with applicable law.

Changes to this Privacy Policy

We may change this Privacy Policy at any time. The most current version of this Privacy Policy will be posted and available on the Sites. Any changes to this Privacy Policy will be effective at the time we post the revised Privacy Policy to the Sites. If we make material changes to how we treat your information, we will notify you through a notice on our Sites home page. Please review it periodically. Your use of the Sites following any changes made means that you accept the revised Privacy Policy.

Accessibility

We are committed to facilitating the accessibility of our Sites for all people with disabilities. To access this Privacy Policy in an alternative format, please contact us at info@blackburnflag.com or 1-800-942-5816.

Contact Us

For any questions or concerns you may have regarding this Privacy Policy, our information and data collection and use practices, or to submit a complaint, please contact us at the following addresses or by email at info@blackburnflag.com.

Blackburn Mfg. Co. PO Box 86 Neligh, NE 68756 US

Data Officer and Europe Representative Contact:

Krista Schindler
info@blackburnflag.com

 

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