ATW CALIFORNIA PRIVACY NOTICE

Last Updated: January 1, 2020

Scope of Disclosures

This California Privacy Notice (the “CA Notice”) applies to information that ATW Trailer World Corp. d/b/a ATW and its subsidiaries and affiliates, including, without limitation, Big Tex Trailer Manufacturing, Inc., Big Tex Trailer World, Inc., Carry-On Trailer, Inc., RC Trailers, Inc., Contract Manufacturer, LLC, PJ Trailers, Inc., and Tex Trail, Inc.,  collect in connection with our websites and services (collectively, “ATW,” “we,” “us,” or “our”) where this CA Notice is provided and applies solely to individual residents of the State of California (“consumers” or “you”).

This CA Notice provides additional information about how we collect, use, disclose and otherwise process personal information of individual residents of the State of California, either online or offline, within the scope of the California Consumer Privacy Act of 2018 (“CCPA”).

Unless otherwise expressly stated, all terms in this CA Notice have the same meaning as otherwise defined in the CCPA.

Personal Information Disclosures

When we use the term “personal information” in this CA Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

For the purposes of this CA Notice, personal information does not include:

  • Publicly available information from government records.
  • Deidentified, aggregated or anonymized information that is maintained in a form that is not capable of being associated with or linked to you.
  • Information excluded from the CCPA’s scope, such as:
    • 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;
    • 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.
  • Information relating to our job applicants, employees, contractors and other ATW personnel.

Collection and Use of Personal Information

We collect various categories of personal information in connection with our services. The categories of personal information we collect may vary depending on the ways in which you engage with us or the products or services you use.

In the last 12 months, we have collected the following categories of personal information from the categories of sources and for the purposes set forth below:

 

Category of Personal Information Collected Categories of Sources
Identifiers, such as name, address, phone number, email address, date of birth, passport or other government identification information, social security number, driver’s license information, account information, member number or password, or other similar identifiers. ·   Directly from you

·   Our ATW affiliates

·   Third parties you direct to share information with us

·   Information providers

·   Our business partners and vendors

 

 

California Customer Records (Cal. Civ. Code § 1798.80(e)), such as driver’s license number, social security number, passport number, debit card information, credit card information, bank account information or other payment or financial information. · Directly from you
· Our ATW affiliates
· Third parties you direct to share information with us
· Our business partners and vendors
Protected Classification Characteristics, such as age. · Directly from you
Commercial Information, such as information about products or services purchased or considered and your use of our services. · Directly from you
· Our ATW affiliates
Biometric Information

X

Internet/Network Information, such as device information, log, and analytics data. · Your browser or device

 

Geolocation Data, such as your general geographic location based on the log data we or our third-party providers collect. · Your browser or device
Sensory Information, such as audio recordings of phone calls you have with us or photographs and video footage you choose to provide or we otherwise record as permitted by law. · Directly from you

 

Profession/Employment Information, including the business or organization you are associated with and, where applicable, your title with that business or organization and information relating to your role with the business or organization. · Directly from you

· Third parties you direct to share information with us

 

Non-Public Education Information (20 U.S.C. § 1232g, 34 C.F.R. Part 99)

X

Other Personal Information, such as comments and opinions you provide to us when you participate in surveys or post on bulletin boards or forums, or messages you send us through our services or make available to us on social media. · Directly from you

·   Our business partners and vendors

·   Third parties you direct to share information with us

 

 

Inferences, including information generated from your use of our websites. · Your browser or device

 

 

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

  • To fulfill or meet the reason you provided the information, such as to process your transaction or respond to your inquiry, including warranty registration, to process your warranty claims, or to schedule service/repairs for your ATW product.
  • To communicate with you, including via email, text message, push notification, social media and/or telephone calls.
  • To operate, maintain, and provide to you the features and functionality of the services.
  • To market to you, including through email, direct mail, phone or text message, and to run our rebates, contests, sweepstakes or promotions.
  • To personalize your experience and to deliver custom content and product and service offerings relevant to your interests, including targeted offers and ads through our websites, third-party sites, or on other devices you may use.
  • To recognize you and remember your information when you return to our websites and services.
  • To help maintain the safety, security, and integrity of our property and services, technology assets, and business.
  • For testing, training, research, analysis, and product development, including to develop and improve our services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • To ensure the security of our or another’s premises, property or other assets.
  • To defend, protect or enforce our rights or applicable terms of service.
  • To prevent fraud or the recurrence of fraud.
  • To evaluate, negotiate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of ATW’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by ATW about consumers is among the assets transferred or is otherwise relevant to the evaluation, negotiation or conduct of the transaction.
  • To comply with applicable law.

Disclosure and Sale of Personal Information

 We share personal information within ATW and with a variety of third parties for business purposes or we may sell your personal information to third parties, subject to your right to opt out of those sales (see The Right to Opt-Out of Personal Information Sales below).

In the previous 12 months, we have disclosed all of the categories of personal information we collect, explained in the table above, to third parties for a business purpose. We disclose your personal information to the following categories of third parties:

  • Our service providers. We engage a number of third-party service providers that perform business or operational services for us or on our behalf, such as website hosting, infrastructure provisioning, IT services, customer service, email delivery services, administrative services, marketing and advertising services, service/repair centers, and other similar services, subject to contractual terms restricting the collection, use and disclosure of your personal information for any other commercial purpose.
  • Third parties at your request. We share your personal information with third parties with your consent or at your direction.
  • Our affiliate companies.  We may share your personal information with other companies owned or controlled by ATW Trailer World Corp. d/b/a ATW, and other companies owned by or under common ownership as ATW, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns, particularly when we collaborate in providing the services to you.
  • Businesses as needed to provide services. We may share personal information with third parties you engage with through or to provide our services, or as needed to fulfil your request or transaction, including, for example, payment processing services.
  • Security providers. We may share your personal information with third-party security providers, for example, to detect, prevent, or otherwise address actual or suspected fraud, harassment, security or technical issues, violations of any law, rule, regulation or the policies of ATW.
  • Business partners. We may disclose personal information to third parties with whom we partner to provide contests, joint promotional activities or co-branded services, and such disclosure is necessary to fulfil your request or application.
  • Other third parties. We may disclose your personal information to third parties who use this information to provide you with information and marketing messages about products or services that may interest you, in accordance with their own privacy policies and terms.
  • Ad networks and advertising partners. We work with third party Ad Networks and Advertising Partners to deliver advertising and personalized content to you on our services, on other sites and services you may use, and across other devices you may use. These parties may collect information directly from your browser or device when you visit our services through cookies or other tracking technologies. This information is used to provide and inform targeted advertising, as well as to provide advertising-related services such as reporting, attribution, analytics and market research.
  • Analytics providers. We work with third party analytics providers to better understand the demographics of our users and visitors, and to personalize, enhance and improve our services.
  • Social networks. We may disclose personal information, such as a unique identifier, hashed email address, or information automatically collected through tracking technologies, to social networks for the purpose of displaying personalized advertising and content on those social networks.
  • Law enforcement and third parties pursuant to legal request. From time to time, we may disclose personal information as reasonably necessary to respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • Third parties in the context of a corporate transaction. We may disclose personal information as reasonably necessary to evaluate, negotiate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of ATW assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by ATW about consumers is among the assets transferred or is otherwise relevant to the evaluation, negotiation or conduct of the transaction.

In the previous 12 months, we have sold, or we may sell in the future, the following categories of personal information to third parties: Identifiers (such as your name, email address and contact information), Commercial Information (such as products sold or considered) and Inferences (generated from your interactions with our services) to third parties such as our affiliates, business partners, and other third parties who may use this information to communicate with you or to offer you products and services that may be of interest to you.

Interest-based Advertising and Analytics

We permit third-party online advertising networks, social media companies and other third-party services to collect information about your use of our online services over time so that they may play or display personalized or interest-based ads on our online services, on other websites, apps or services you may use, and on other devices you may use. Typically, though not always, the information used for interest-based advertising is collected through cookies or similar data collection technologies. We and our third-party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research.

We also may use certain forms of display advertising and other advanced features through Google Universal Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the Doubleclick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on your past visits to the online services. You may opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences.  You may learn more about Google’s practices with Google Analytics by visiting Google’s privacy policy at http://www.google.com/policies/privacy/partners. You can also view Google’s currently available opt-out options at https://tools.google.com/dlpage/gaoptout.

We support the self-regulatory principles for online behavioral advertising (Principles) published by the Digital Advertising Alliance (DAA). This means that we allow you to exercise choice regarding the collection of information about your online activities over time and across third-party websites for online interest-based advertising purposes. More information about these Principles can be found at www.aboutads.info. If you want to opt out of receiving online interest-based advertisements on your internet browser from advertisers and third parties that participate in the DAA program and perform advertising-related services for us and our partners, please following the instructions at: www.aboutads.info/choices, or http://www.networkadvertising.org/choices/.

When you elect to opt-out through these sites, they will place an opt-out cookie on your device indicating that you do not want to receive interest-based advertisements.  Opt-out cookies only work on the internet browser and device they are downloaded onto. If you want to opt out of interest-based advertisements across all your browsers and devices, you will need to opt out on each browser on each device you actively use. If you delete cookies on your device generally, you will need to opt out again.  And some of these opt-outs may not be effective unless your browser is set to accept cookies. If you delete cookies, change your browser settings, switch browsers or computers, or use another operating system, you will need to opt-out again.

If you want to opt out of receiving online interest-based advertisements on mobile apps, please follow the instructions at http://www.aboutads.info/appchoices.

Please note that when you opt-out of receiving interest-based advertisements, this does not mean you will no longer see advertisements from us or on our online services.  It means that the online ads that you do see from DAA program participants should not be based on your interests.  We are not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs. In addition, third parties may still use cookies to collect information about your use of our online services, including for analytics and fraud prevention as well as any other purpose permitted under the DAA’s Principles.

 

Your California Privacy Rights

As a California resident, you may be able to exercise the following rights in relation to the Personal Information about you that we have collected (subject to certain limitations at law):

 

 

The Right to Know You have the right to request any or all of the following information relating to the personal information we have collected about you or disclosed in the last 12 months, upon verification of your identity:

· The specific pieces of personal information we have collected about you;

· The categories of personal information we have collected about you;

· The categories of sources of the personal information we have collected about you;

· The categories of personal information that we have disclosed about you to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;

· The categories of personal information we have sold about you (if any), and the categories of third parties to whom this information was sold; and

· The business or commercial purposes for collecting or, if applicable, selling personal information about you.

The Right to Request Deletion You have the right to request the deletion of personal information that we have collected from you, subject to certain exceptions.
The Right to Opt Out
of Personal Information Sales
You have the right to direct us not to sell personal information we have collected about you to third parties now or in the future.

If you are under the age of 16, you have the right to opt in, or to have a parent or guardian opt in on your behalf, to such sales.

The Right to

Non-Discrimination

You have the right not to receive discriminatory treatment for exercising any of the rights described above.

However, please note that if the exercise of the rights described above limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you our products or services or engage with you in the same manner.

“Shine the Light” California residents that have an established business relationship with us have rights to know how their information is disclosed to third parties for their direct marketing purposes under California’s “Shine the Light” law (Civ. Code § 1798.83).

 

 

How to Exercise Your California Privacy Rights

To Exercise Your Right to Know or Right to Deletion

If you are a resident of California, to exercise your right to know and/or right to deletion, please submit a request by:

  • Emailing [email protected] with the subject line “California Rights Request,” or
  • Calling 1-844-784-0309.

We will need to verify your identity before processing your request. In order to verify your identity, we will generally either require the successful login to your account or the matching of sufficient information you provide us to the information we maintain about you in our systems.  Although we try to limit the personal information collected in connection with a request to exercise the right to know and/or the right to deletion, certain requests may require us to obtain additional personal information from you. In certain circumstances, we may decline a request to exercise the right to know and/or right to deletion, particularly where we are unable to verify your identity.

 

To Exercise Your Right to Opt Out of Personal Information Sales

If you are a resident of California, there are two ways that you can exercise your Right to Opt Out of Personal Information Sales:

  1. To the extent that our use of cookies and data collection technologies are deemed a “sale” under the CCPA, please visit the Interest-based Advertising and Analytics section above and follow the opt-out instructions.
  2. For all other sales of personal information, please click on the following link to send us an email indicating you want to exercise your right to opt-out of the sale of your personal information.

Do Not Sell My Personal Information

Once you make an opt-out request, you may change your mind and opt back in to personal information sales at any time by contacting us at [email protected].  You do not need to create an account with us to exercise your Right to Opt Out of Personal Information Sales. However, we may ask you to provide additional personal information so that we can properly identify you in our dataset and to track compliance with your opt-out request. We will only use personal information provided in an opt out request to review and comply with the request. If you choose not to provide this information, we may only be able to process your request to the extent we are able to identify you in our data systems.

Minors Under Age 16

We do not sell the personal information of consumers we know to be less than 16 years of age, unless we receive affirmative authorization (the “Right to Opt In”) from either the minor who is between 13 and 16 years of age, or the parent or guardian of a minor less than 13 years of age.

“Shine the Light”

In addition to the rights described above, California’s “Shine the Light” law (Civil Code Section §1798.83) permits California residents that have an established business relationship with us to request certain information regarding our disclosure of certain types of personal information to third parties for their direct marketing purposes during the immediately preceding calendar year. To make such a request, please send an email to [email protected] This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the email address specified in this section.

 

Updates to This CA Notice

We will update this CA Notice from time to time. When we make changes to this CA Notice, we will change the “Last Updated” date at the beginning of this CA Notice. If we make material changes to this CA Notice, we will notify you by email to your registered email address, by prominent posting on our online services, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided in the notification.

Contact Us

If you have any questions or requests in connection with this Notice or other privacy-related matters, please contact us at [email protected]