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M*CARBO Privacy Policy

Last updated: 3/14/2022

This Privacy Policy is provided by American Safety Equipment, Inc. a.k.a M*CARBO, a corporation organized under the laws of the State of Florida (“M*CARBO,” “Us,” “We,” or “Our”). This policy is intended to inform M*CARBO Users (as defined below), the users of the M*CARBO website (“Website”) of M*CARBO’s practices related to Personal Data or Personally Identifiable Information.

1. Definitions

    1. “Client” means a client of M*CARBO, whether retail or wholesale, who creates an Account (defined below) and purchases products through the Website.
    2. “Data Processor,” for the purposes of the GDPR (General Data Protection Regulation), refers to M*CARBO as the legal person which processes Personal Data.
    3. “Data Subject”, “You”, or “Your” means any person whose Personal Data is collected or processed by M*CARBO.
    4. “Facebook Fan Page” is a public profile named @M*CARBOtriggers specifically created by M*CARBO on the Facebook social network, accessible from http://www.facebook.com/M*CARBOtriggers.
    5. “Personal Data” or “Data” is defined as any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; (Art. 4, GDPR).
    6. “Website” means the <mcarbo.com> website and associated products and services.
    7. “User” means any user of the Website.
    8. “Account” means an account provided by M*CARBO to Client, which provides access to the Website.

    2. Data Privacy in General.

    1. We respect data privacy and all data privacy rights. We aim to process and store any Personal Data received from Users and Clients or any third party in accordance with applicable data protection laws.
    2. We will not share Personal Data with any third parties except where necessary for the performance of legal contracts, and to provide services Users have requested and consented to. We aim not to collect, process, or store Personal Data for any purpose other than to provide Our services and comply with Our obligations to Users and Clients.
    3. We realize that data transmission over the Internet (for example, when communicating via e-mail) may have security gaps. Therefore, whenever possible We use encrypted communication connections and up-to-date security software.

    3. What Data does M*CARBO Receive?

    M*CARBO receives many types of data from our Clients, Users, and other parties including:

    1. Communication Data: Data sent to us when someone contacts us including via website contact forms, email, social media messaging, or social media posts.
    2. Customer Data: Data related to purchases and contracts created with M*CARBO including name, title, billing and/or shipping address, email address, phone number, other contact information, purchase details, and financial information.
    3. User and Technical Data: Website User data including cookies and website analytics, IP address, Account data, and device information. See Section 7 of this Privacy Policy below regarding Cookies.
    4. Marketing Data: Contact information and user preferences related to marketing and communications from M*CARBO.
    5. Third Party Data: M*CARBO Clients may provide Us with contact information of third parties for Us to execute Our contractual obligations when performing drop shipping services. Also, M*CARBO may receive data from third party vendors or service providers such as Google, Facebook, etc., related to marketing or advertising.

    4. What does M*CARBO do with this Data?

    1. M*CARBO uses Personal Data to:
      1. Respond to and initiate business related and marketing communications;
      2. Execute contractual relationships, including accounts with Clients;
      3. Provide the Website and its associated services; and
      4. Improve User experiences on our Website and other platforms.
    2. M*CARBO may disclose Your Personal Data to:
      1. Service Providers to monitor and analyze the use of our Service, for payment processing, or to contact You;
      2. Affiliates, including but not limited to Our parent company and other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us, in which case we will require those affiliates to honor this Privacy Policy;
      3. Business partners to offer You certain products, services or promotions; and
      4. Other users when You share Personal Data or otherwise interact in the public areas with other users as such information may be viewed by all users and may be publicly distributed outside.
    3. M*CARBO may also disclose Your Personal Data:
      1. When required by law. We may share Your Personal Data with third parties when required by law, such as upon receipt of a duly authorized subpoena or court order or in the event of an audit.
      2. For business transfers. We may share or transfer Your Personal Data in connection with, or during negotiations of, any merger, sale of M*CARBO, its assets, financing, or acquisition of all or a portion of M*CARBO to another company; and
      3. With Your consent.

    5. Where and How does M*CARBO store this Data?

    1. All Data is securely stored on servers that are assigned to Our company and are located in the United States. Data will only be transferred to third parties to facilitate provision of Our services.
    2. Data will be deleted when M*CARBO no longer needs to keep it or if You have instructed Us to delete it.

    6. What is M*CARBO’s legal basis to collect and process Data?

    1. M*CARBO collects and processes the above-described Data in order to comply with its contractual obligations, for communicating with Users and to administer the Website and Our business. Our lawful ground for processing this Data is our legitimate interest in providing Our services, maintaining business records, communicating with Users and Clients, performing our contractual obligations, and growing Our business through marketing.
    2. M*CARBO also obtains Your consent to collect and process Data. You provide this consent upon account creation and on our checkout page by selecting the checkbox confirming your agreement to these policies, and thereby using our Website.

    7. Cookies.

    1. Cookies are pieces of information about when and how individuals use websites. M*CARBO collects some cookies about Your use of the Website to improve Your experience and Our services.
    2. You can set Your external browser to notify You when a cookie is sent. You can decide whether to accept or refuse the tracking of cookies. But, if You choose to turn off cookies, it may affect Your ability to access or use the Website.

    8. Third Party Services.

    1. M*CARBO may need to share or transmit Data to third-party service providers to provide the services through the Website. M*CARBO will advise Users when Data is shared with third-party service providers or vendors.
    2. For third-party services, any collection, processing, transfer or storage of Data will be handled according to the third-party’s privacy policy. Users should refer to these parties’ policies and terms of use for additional information.

    9. Facebook Fan Page

    1. Data Controller for the Facebook Fan Page
      1. M*CARBO is the operator of its Facebook Fan Page, a third-party web service located at https://www.facebook.com/MCARBOtriggers, and, as such, M*CARBO and Facebook are joint controllers of Personal Data gathered by a User’s use of the Facebook Fan Page. M*CARBO has entered into agreements with Facebook that define the terms for use of the Facebook Fan Page, among other things. These terms are mostly based on the Facebook Terms of Service, which can be accessed at: https://www.facebook.com/terms.php.
      2. Visit the Facebook Privacy Policy https://www.facebook.com/policy.php for more information about how Facebook manages Personal Data or contact Facebook online, or by mail: Facebook, Inc. ATTN, Privacy Operations, 1601 Willow Road, Menlo Park, CA 94025, United States.
    2. Facebook Insights
      1. We use the Facebook Insights function in connection with the operation of the Facebook Fan Page, and based on the GDPR, to obtain anonymized statistical data about Our Users. For this purpose, Facebook places a Cookie on the device of the User visiting Our Facebook Fan Page. Each Cookie contains a unique identifier code and remains active for a period of two years, except when it is deleted before the end of this period. Facebook receives, records and processes the information stored in the Cookie, especially when the User visits the Facebook services, services that are provided by other members of the Facebook Fan Page, and services by other companies that use Facebook services.
      2. For more information on the privacy practices of Facebook, please visit Facebook Privacy Policy here: https://www.facebook.com/privacy/explanation

    10. California Privacy Rights.

    1. California residents have a right to request that M*CARBO disclose what Personal Data We collect from you and whether, and how, We disclose or sell that Personal Data. California residents may also request that We delete any Personal Data collected or maintained by Us from You. To submit a request for a list of the categories of Personal Data collected from You or to request that M*CARBO delete Your personal information, please email us at help@mcarbo.com or send a letter to our US-based legal counsel at the following address:

    American Safety Equipment, Inc. d/b/a M*CARBO

    c/o Revision Legal, PLLC

    444 Cass St., Suite D

    Traverse City, MI 49684

    United States of America

    2. To verify Your request, M*CARBO may request certain information from You to confirm that You are a bona fide User of the Website, such as Your phone number, username, email address, city, state, or geographic location. You may also designate an authorized agent to make a request to M*CARBO to disclose or delete Your Personal Data. To do so, You must provide M*CARBO with proof that the individual or business has been appointed as Your agent, such as by providing a signed power of attorney form and accurate responses to any information requested by M*CARBO that may be necessary to confirm that You are a bona fide User of the Website, such as Your phone number, username, email address, city, state, or geographic location. California residents have a right not to receive discriminatory treatment by M*CARBO for their exercise of these rights conferred under California law.

    11. Data Security.

    1. M*CARBO makes security a priority and utilizes security measures to protect against unauthorized access to or the unauthorized modification, publication, or destruction of Personal Data. These security measures include internal audits of Data collection, storage and processing practices and security as well as physical security measures to protect against unauthorized access to the systems where we store Data.
    2. M*CARBO restricts Data access to M*CARBO employees, contract workers, and agents who need such information to provide, develop, or improve the Website. These individuals are subject to confidentiality obligations and may be subject to disciplinary action, including dismissal and prosecution if they fail to meet these obligations.

    12. Data Rights.

    1. Right to Access and Correction: You may request that We confirm to You whether We are processing Your Personal Data and what Data We are processing. If Your information is incorrect or incomplete, You may request that Your information be corrected or completed. If We have shared Your information with third parties, We will inform them of the correction, to the extent required by law.
    2. Right to Erasure: If the legal requirements exist, You can request We immediately delete Your Personal Data. This is especially the case when:
      1. Your Personal Data is no longer needed for the purposes for which it was collected;
      2. The legal basis for the processing of Your Personal Data was Your consent only and You have revoked it;
      3. You have objected to Data processing for promotional purposes;
      4. You have objected to Data processing based on the legal basis balance of interests for personal reasons and We cannot prove that there are legitimate reasons for processing;
      5. Your Personal Data has been processed unlawfully; or
      6. Your Personal Data must be deleted to comply with legal requirements.
    3. If We have forwarded Your data to third parties, We will inform them about the deletion, insofar as required by law. Please note that Your erasure right is subject to restrictions. For example, We may not or must not delete Data that We still need to retain due to legal retention requirements. Also, Data that We need in order to assert, exercise or defend Our legal rights is excluded from Your cancellation right.
    4. Right to Object to Processing
      1. If the legal requirements are met, You can request a limitation of Data processing from us. Relevant circumstances include when:
        1. You dispute the accuracy of Your Personal Data that We have (We must have the opportunity to verify this);
        2. The Data processing is not lawful and You require a restriction of use instead of erasure (see Section 13.b of this Privacy Policy above);
        3. We no longer need Your information for the purposes of processing, but You need it to assert, exercise, or defend Your rights;
        4. You have raised an objection for personal reasons and We can halt Data processing until your objection has been evaluated.
      2. If You can show a valid right to restrict Data processing, We mark the Data in question to ensure that it is processed only within the limits that apply to such restriction (for example, to defend legal claims or within the parameters of Your consent).
    5. Right to Data Portability
      1. You have the right to receive personally identifiable information You have given to us for fulfillment of the contract or on the basis of consent in a transferable format. In this case, You can also request that We transmit this data directly to a third party, insofar as this is technically feasible.
    6. Right to Revoke Your Consent
      1. If You have given us consent to the processing of Your data, You can withdraw it at any time for future processing. The lawfulness of the processing of Your data prior to revocation remains unaffected.
    7. Right to Object to Direct Marketing
      1. You can also object at any time to the processing of Your Personal Data for advertising purposes. Please note that there may be an overlap between Your revocation and the use of Your Data as part of an ongoing campaign.
    8. Right to Object for Personal Reasons
      1. You have the right, for reasons that arise from Your particular situation, to object to Our processing of Your Data to the extent that the processing is based on a legitimate interest basis. We will then stop processing Your Data, unless We can, in accordance with legal requirements, prove compelling legitimate reasons for further Data processing that outweigh Your rights.
    9. European Union Right of Appeal to a Supervisory Authority
      1. European Union residents have the right to file a complaint with a data protection authority. In particular, EU residents can contact the data protection authority, which is responsible for their place of residence or state, or who is responsible for the place where the violation of data protection law has taken place.

    13. Asserting Your Rights

    1. If you wish to assert any of the above described rights, please address Your request by stating Your current address, Your date of birth and Your e-mail address to:

    help@mcarbo.com.

    We will use Your information provided in this request exclusively for comparison with the information in Our database and thus for the protection of Your Personal Data against access by unauthorized third parties.

    14. Changes to this Privacy Policy

    1. We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page by updating the "Last updated" date at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

    15. Questions and Suggestions

    If You have any questions or suggestions about data protection, We look forward to receiving Your e-mail.

    Please send electronic inquiries to: help@mcarbo.com.