Briggs & Stratton Corporation (“Briggs & Stratton”) understands that privacy is important to our customers and is committed to protecting your privacy.
· Overview of What Information We Collect and What We Do With that Information.
· What Types of Information Do We Collect?
· How Do We Collect InfoHub Data?
· How Do We Use Personal Information?
· Surveys and Contests.
· How We Share the Personal Information We Collect.
· How We Use Connected Data and Location Data.
· How We Share Connected Data and Location Data.
· Use of Secured Internet Connection.
· Regarding Location Data.
· Right to Use InfoHub Data.
· Tracking and Cookies.
· Log Files.
· Third Party Payment Processor.
· California Online Privacy Protection Act Compliance/Your California Privacy Rights.
· How We Protect the InfoHub Data.
· Use of Personal Information in the U.S. and Abroad.
· How Long We Retain Your Personal Information
· How to Access Your Personal Information
· Governing Law.
· Collection of Information by Third Parties Directly.
· Special Terms Applicable to Individuals Located in the European Economic Area.
· Access by Children
· Have Questions?
OVERVIEW OF WHAT INFORMATION WE COLLECT AND WHAT WE DO WITH THAT INFORMATION.
The information that we may collect from or about you broadly falls into the following categories: information that you voluntarily provide to us (for example, your contact information and your payment information) and information collected through your use of the Service (for example, Equipment usage data and data collected by cookies and other tracking technologies).
When you use the Service, we collect certain Personal Information, Connected Data and Location Data (all defined below and collectively the “InfoHub Data”) about the users of the Service and the Equipment.
We also analyze the InfoHub Data using analytics tools, with the aim of improving customer efficiency when using the Equipment, and for our own business purposes such as to improve the Service and the Equipment.
We collect, store and share the InfoHub Data as described below.
WHAT TYPES OF INFORMATION DO WE COLLECT?
We collect the following types of InfoHub Data when you use the Service:
· Personal Information or Personal Data.
We collect "Personal Information” or "Personal Data." Personal Information and Personal Data are information that could reasonably be used to identify you individually. Examples of Personal Information and Personal Data include name, email address, mailing address, phone number, other contact information, user ID, password, IP address, device identifiers or MAC identifiers. For convenience, Personal Information and Personal Data may hereafter be collectively referred to as “Personal Information.”
· Connected Data.
We may collect "Connected Data." Connected Data is technical data from your Equipment, including, but not limited to, equipment and engine status, fuel consumption, battery voltage and oil levels. We may change the parameters of the Connected Data which we collect from your Equipment from time to time as we make modifications to the Equipment and the Service.
· Location Data.
We collect “Location Data.” Location Data is data about your Equipment that is automatically collected and which includes:
i. The physical location of Equipment;
ii. Data and information that can be used to identify the individuals using the Equipment, as well as the performance and efficiency of such individuals when they transport and use the Equipment;
iii. Geofence data which is data and information about a specific virtual geographic boundary; and
iv. Data or information which could be used to identify an individual’s activities or Equipment use at a specific location, such as a residence. For instance, this information includes when an individual person is using Equipment at a specific location and at what time of day.
HOW DO WE COLLECT INFOHUB DATA?
We collect certain Personal Information from you when you subscribe to the Service, set up an account, use the Service, make a purchase, or contact us directly.
We collect Connected Data and Location Data through a two-way exchange of data between the equipment and the Service. We automatically collect Connected Data and Location Data when you use the equipment in conjunction with the Service.
The equipment may also contain certain data storage capabilities. These data storage capabilities allow the equipment to collect Connected Data and Location Data even in the absence of a subscription to use the Service.
HOW DO WE USE PERSONAL INFORMATION OR PERSONAL DATA?
We use Personal Information or Personal Data in compliance with applicable laws, including for the following uses:
· To respond to your questions and comments and your requests for products, services or information;
· To facilitate purchases and business transactions;
· To establish and manage your InfoHub accounts with us and to register purchased Equipment;
· To troubleshoot problems with the Service or the Equipment;
· To Protect our legal rights or interests, or those of third parties, including to bring a legal action against you or anyone who may be causing harm to us, the Service, or to other users of the Service;
· To develop, improve and enhance our products and services, including the Service;
· To perform business analytics on the InfoHub Data;
· To offer, operate, maintain, deliver and update the Service;
· To improve customer service;
· To market and advertising products and services;
· To conduct research and analysis;
· Communicating about special events, sweepstakes, promotions and surveys;
· To identify you in InfoHub and to tailor messages and offers to you based on your interactions with us online;
· To continuously evaluate and improve our user experience;
· In limited circumstances, we may share or license the InfoHub Data for our direct marketing and business purposes, as permitted by applicable law; and
· As requested by or consented to by you.
Surveys and Contests.
From time-to-time the Service requests Personal Information or Personal from users via surveys or contests. Participation in these surveys or contests is completely voluntary, and you therefore have a choice whether or not to disclose this Personal Information. Information requested may include contact information (such as name and shipping address) and demographic information (such as zip code or age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use of, and your satisfaction with, this Service.
HOW WE SHARE THE PERSONAL INFORMATION WE COLLECT.
We may share your Personal Information with responsible third parties. Unless you give us your permission, we generally will not share Personal Information with third parties except as follows:
· Briggs & Stratton Entities. We may share your Personal Information with our affiliated companies (including our subsidiaries and sister companies), employees, subcontractors, agents, dealers and distributors.
· Third-Party Service Providers: We may share your Personal Information with third-party service providers under contract with Briggs & Stratton or its subsidiaries or affiliates that provide data processing services to us, including to help us provide and manage the Service or the InfoHub Data, to provide products or services to Briggs & Stratton, and to help to enhance the security of the Service and our other services or products. Our service providers are authorized to and may use and disclose Collected Information as necessary for them to provide the applicable services to us. Such third-party service providers include, for example, subscription management services, telecommunications providers, credit card payment processors, email marketers, data analytics providers, hosting of the Service, information technology services, weather functions, route optimization functions and chat communications providers.
We also use third-party service providers to help us: (a) troubleshoot problems with the Service; (b) facilitate purchases; (c) perform the functions and analyses of the Services; (d) perform or provide integrations, customizations and other IT work on the Services; (e) develop new products and services; and (f) to engage in marketing activities related to our products or services.
· Strategic Business Partners: We may share your Personal Information with our strategic business partners who provide products and services which complement the products and services offered by Briggs & Stratton, such as independent dealers who sell our products and services and merchant partners who provide related products and services, such as gardening equipment or supplies.
· Direct Marketing Purposes. In limited circumstances, we may disclose your Personal Information for direct marketing purposes as permitted by applicable law.
· Required Disclosures: Sometimes we may be required to share Personal Information in response to a court order, subpoena, civil discovery request, other legal process, or as otherwise required by law.
· Legal Compliance and Protections: We may disclose account and other personal information when we believe disclosure is necessary to comply with the law or protect the rights, property, or safety of Briggs and Stratton, its subsidiaries or affiliates, our users, or others, such as in emergency situations to protect wellness, safety and security of persons and property. This includes exchanging Personal Information with other companies and organizations for fraud protection and credit risk reduction.
· Corporate Transactions: We reserve the right to disclose and transfer the InfoHub Data, including your Personal Information:
1. To a subsequent owner, co-owner, or operator of the Service or successor database; and
2. In connection with a corporate merger, consolidation, the sale of substantially all of our stock and/or assets or other corporate change, including to any prospective purchasers.
· Professional Advisors. We may share Personal Information with our professional advisors, such as our attorneys and accountants, in their capacity as advisors to Briggs & Stratton, including, but not limited to, for advice on potential or actual litigation matters.
HOW WE USE CONNECTED DATA AND LOCATION DATA.
Briggs & Stratton may use, and permit third parties to use the Connected Data and Location Data for the same purposes that Briggs & Stratton uses Personal Information. In addition, Briggs & Stratton may use, and permit third parties to use, Connected Data and Location Data for any other legal business purpose as determined by Briggs & Stratton in its sole discretion.
Examples of potential uses of Connected Data and Location Data include, but are not limited to: improving, analyzing, marketing, benchmarking and troubleshooting issues related to the Service and improvement of our products and services.
HOW WE SHARE CONNECTED DATA AND LOCATION DATA.
Briggs & Stratton may share Connected Data and Location Data with the same parties it shares your Personal Information with listed above. Briggs & Stratton may also share and license the Connected Data and Location Data to additional third parties for any other business purpose, as determined in Briggs & Stratton’s sole discretion.
USE OF SECURED INTERNET CONNECTION.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU USE A SECURE INTERNET CONNECTION WHEN USING THE EQUIPMENT AND THE SERVICE. BRIGGS & STRATTON DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY UNAUTHORIZED ACCESS TO OR USE OF THE INFOHUB DATA, THE EQUIPMENT OR THE SERVICE BECAUSE OF YOUR USE OF AN UNSECURE INTERNET CONNECTION.
REGARDING LOCATION DATA.
The Service not only provides you data and information about the location of Equipment, but may also provide you information about the location and efficiency of the individuals using the Equipment. You are solely responsible and liable for compliance with applicable laws relating to your use of the Equipment and the Service, including those relating to employee rights and privacy.
A. For Business Owners. If you are an employer or other account holder (e.g. equipment dealer) with a Primary Account (as defined in the Terms), you have the ability to combine Location Data with Personal Information in your possession to determine the location of those employees or other individuals using the Equipment. You can also obtain certain efficiency data about those employees and other individuals. It is a best practice to ensure your company policies address any types of employee monitoring or tracking and comply with applicable laws such as the National Labor Relations Act and other privacy laws.
B. For Consumers. The Service provides you and Briggs & Stratton the location of the Equipment, which in most cases will provide Personal Information about the use of the Equipment at your place of residence. For example, this includes information such as the location of your residence and the time of day when you used the Equipment.
Be mindful with whom you provide access to this Personal Information. Be cautious about accessing your account on a shared computer or using a public network to avoid unauthorized access to your Personal Information.
THIS INFORMATION IS FOR YOU CONVENIENCE AND IS NOT LEGAL ADVICE. WE DO NOT PROVIDE YOU LEGAL ADVICE AND IF YOU HAVE ANY QUESTIONS OR CONCERNS, YOU SHOULD SEEK THE ADVICE OF COUNSEL.
RIGHT TO USE INFOHUB DATA.
You expressly agree that Briggs & Stratton has a perpetual, non-cancellable, irrevocable, sublicensable, transferable, royalty free right and license to collect, store, use and share the InfoHub Data received by Briggs & Stratton when you use the Service, except to the extent prohibited by applicable law.
TRACKING AND COOKIES.
A. “DO NOT TRACK” BROWSER SETTINGS. The Service does not support the Do Not Track (DNT) browser setting. DNT is a preference you can set in your browser’s settings to let the websites you visit know that you do not want the sites collecting your personally identifiable information. We will not collect personally identifiable information about your online activities over time and across third-party websites or online services regardless of whether you choose the DNT browser preference.
Most browsers automatically accept cookies. You can disable cookies but disabling cookies may impact your use and enjoyment of the Service. Most browsers allow users to manage cookies in the browser’s settings. If you prefer, some browsers may allow you to choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies by adjusting your browser settings. If you turn your cookies off, the Service may not function properly. However, if you experience an issue, you can contact customer service.
The Site uses Internet Protocol (“IP”) addresses to analyze trends, administer the Site, track user movements, and gather broad demographic information for aggregate use. We do not link IP addresses to personally identifiable information. An Internet Service Provider (“ISP”) typically assigns a random dynamic IP address at the time of your dial-up. For local area network (“LAN”), DSL, or cable modem users, a static IP address may be permanently assigned to a particular computer. We may record the IP addresses of users of the Service. While an IP address may reveal your ISP or geographic area, we do not intend to use that information to identify you solely based upon your IP address. Other websites you visit have IP addresses, and we may collect the IP addresses of those websites and their pages, but we never associate these IP addresses with specific Internet users.
THIRD PARTY PAYMENT PROCESSOR.
When you purchase a subscription to use the Service and make recurring payments, you are directed to a third-party portal (“Payment Portal”) to make such payments that is controlled by Zuora, Inc., a third-party payment processor (“Payment Processor”). When you make payments through the Payment Portal, you are subject to the Payment Processor’s terms, conditions and data collection practices (“Payment Processor Terms”), not these Terms. https://www.zuora.com.
Any financial information, such as your credit card number and other credit card information necessary to make a purchase, is collected directly by the Payment Processor. Briggs & Stratton does not receive your credit card information or other financial information when you make a purchase through the Payment Portal. Briggs & Stratton may receive certain Personal Information necessary to finalize orders such as your name, address, phone number and email address.
CALIFORNIA ONLINE PRIVACY PROTECTION ACT COMPLIANCE/YOUR CALIFORNIA PRIVACY RIGHTS.
California residents who use this Service may request that we provide certain information regarding our disclosure of the user’s Personal Information to third parties for their direct marketing purposes. You can make such a request by email or by mail to:
Briggs & Stratton Corporate Headquarters
P.O. Box 702
Milwaukee, WI 53201
HOW WE PROTECT THE INFOHUB DATA.
We work to protect the security of the InfoHub Data. During transmission of Personal Information between you and our Site, we use Secure Sockets Layer (SSL) software to encrypt information you input.
Please note that despite our reasonable efforts, no security measure is ever perfect or impenetrable, so we cannot guarantee the security of your Personal Information. We make commercially reasonable efforts to protect the InfoHub Data and we have implemented reasonable physical, operational and technical safeguards in place for doing so. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, you provide InfoHub Data, including Personal Information and use the Service at your own risk. BRIGGS & STRATTON IS NOT LIABLE TO YOU FOR ANY LOSS OF INFOHUB DATA OR HARM RESULTING FROM DISCLOSURE OF YOUR INFOHUB DATA.
USE OF PERSONAL INFORMATION IN THE U.S. AND ABROAD.
You consent to the collection and processing of your Personal Information in the United States, regardless that certain governmental authorities outside of the United States might require a different level of protection of Personal Information.
HOW LONG WE RETAIN YOUR PERSONAL INFORMATION
For Personal Information that we process on behalf of our customers, we will retain that Personal Information in accordance with the terms of our agreement with them, subject to applicable law.
COLLECTION OF INFORMATION BY THIRD PARTIES DIRECTLY.
SPECIAL TERMS APPLICABLE TO INDIVIDUALS LOCATED IN THE EUROPEAN ECONOMIC AREA.
Legal Basis for Processing Your Personal Data: Briggs & Stratton processes your Personal Data with your consent and for its legitimate interests, including the following:
- Where we need the Personal Data to perform a contract with you (e.g., to deliver services you have requested);
- Internal administration of the website and related functions;
- Network and information security;
- Fraud prevention;
- Reporting suspected criminal acts;
- Compliance with the law or to protect the rights, property, or safety of Briggs & Stratton, our users, or others; and
- Where we have your consent to do so.
If you have any questions about or need further information concerning the legal basis on which we collect and use your Personal Data, please contact us using the contact details provided further below provided below under “Questions.”
Your Rights and Choices Regarding Your Personal Data: Briggs & Stratton will comply with requests to exercise individual data rights in accordance with applicable law. You can contact us to request to exercise your data rights. As an individual located in the EEA, you are not required by statute or by contract to submit any Personal Data to the Service. Briggs & Stratton will not use your Personal Data submitted through the Service for automated decision-making, including profiling. You have the right to access your Personal Data as collected by the Service and to request that Briggs & Stratton update, correct or delete your Personal Data on the Service as provided by applicable law. You also have the right to object to, or restrict, Briggs & Stratton’s processing of your Personal Data.
You have the right to object to the processing of their Personal Data for purposes of Briggs & Stratton’s direct marketing or legitimate interests. You also have the right to data portability concerning your Personal Data. Subject to certain limitations, the right to data portability allows you to obtain from Briggs & Stratton, or to ask Briggs & Stratton to send to a third party, a digital copy of the Personal Information that you have submitted to the Service. Your right to access your Personal Data includes the right to receive a copy of all, or a portion, of your Personal Data in Briggs & Stratton’s possession as long as Briggs & Stratton’s providing the Personal Data would not adversely affect the rights and freedoms of others.
You have the right to opt out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt out” link in the marketing e-mails we send you. To opt out of other forms of marketing, such as postal marketing or telemarketing, if applicable, then please contact us using the contact information provided below under “Questions.” For details on how to manage your preferences for cookies and tracking technologies within your web browser, please read the information provided above under “Tracking and Cookies.”
You can exercise the rights described above by contacting us or by emailing us at email@example.com. Briggs & Stratton will respond to such requests in accordance with applicable data protection law. EU Individuals also have the right to lodge a complaint with the relevant data protection authority if they believe that their Personal Information has been processed in violation of applicable data protection law. For more information please contact your local data protection authority. Contact information for data protection authorities in the EEA is available here.
Withdrawal of Consent: You may use the contact information above, at any time, to withdraw your consent for the processing of your Personal Information where Briggs & Stratton requires their consent as a legal basis for processing your Personal Information. Any withdrawal will apply only prospectively, and Briggs & Stratton will continue to retain the information that you provided before you withdrew your consent for as long as allowed or required by applicable law. Additionally, any withdrawal will not affect processing of your Personal Data conducted in reliance on lawful processing grounds other than consent.
ACCESS BY CHILDREN
The Service is not directed at children under 16 years of age. Briggs & Stratton does not knowingly collect or use information from children under 16 through the Service. If you have reason to believe that a child under the age of 16 has provided Personal Information to us through the Service, please contact us at firstname.lastname@example.org and we will use commercially reasonable efforts to delete that information.
Briggs & Stratton Corporation
12301 W. Wirth Street
Wauwatosa, WI 53222
You may also contact our Customer Service Team at 1-833-INFOHUB (1-833-463-6482).
You may also direct privacy related concerns to our Legal Department as follows: email@example.com.
If you are a resident of the EEA, please note that the data controller responsible for your Personal Data is the Briggs & Stratton company or branch located in your applicable country in the EEA and the designated representative is Briggs & Stratton U.K. Limited located in the United Kingdom.
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