Privacy Policy

Foley Industries, Inc., Foley Equipment Company, Foley Power Solutions, Foley Rental and Sitech (collectively, “us”, “we,” and “Foley”) value our customers, their information, privacy and trust. This Policy explains how we collect, use and protect your information through our websites. Specifically, this Policy applies to Foley’s collection, use, storage, and transfer of information associated with Foley’s sites at foleyeq.com, foleypowersolutions.com, foleyrental.com, foleyindustries.com, foleyrig360.com, careers.foleyeq.com and sitech-central.com (collectively, “Sites”). If there is something you do not understand about our privacy practices, please feel free to contact us at webmanager@foleyeq.com. [DDW3]

Throughout this Policy, we refer to the term “Personal Information.” “Personal Information” is data about an individual who can be identified from that data, or by combining it with other data. Personal Information is usually your name in combination with another identifier, such as date of birth, postal address, email address, telephone number, or government-issued identification number.

The specific definition of Personal Information varies from one jurisdiction to another. Personal Information does not include anonymous or aggregated data that can no longer be used to identify a specific person, even if combined with other data.

Information We Collect

Information Collected Directly from You

Most of our customers are businesses, so we maintain business contact information such as business name, postal address, email, phone number, as well as job title and other individual business contact information for their representatives. When you become our customer or a customer prospect, we maintain this business contact information and information regarding our interactions with you in our customer relationship management database. We also maintain similar information for the vendors who provide us with products and services.

We use a third-party online bill pay vendor, BillTrust, to process your payments to us for products and services. We administer accounts with equipment manufacturers on which you may order new or rental equipment through us.

When you send us questions or seek additional information from us, we will collect your name, email address, phone number, zip code, and your inquiry. When you report a problem with our Sites, products or services, we may collect the same contact information, along with a description of your problem. In each instance, the information we collect is used to respond to your inquiries.

When you sign up for our newsletters, we will collect and maintain your contact information [DDW4] so long as you maintain your subscription. Likewise, if you receive marketing information from us regarding products and services in which we think you might be interested, we will cease such communications if you email us or select the “unsubscribe” link on any such communication.

For job applicants, we collect your email address and information about your interests in connection with your job inquiries to identify potential opportunities for you and to respond to your inquiry.

We maintain your information to transact with you, comply with applicable laws, prevent fraud, collect monies owed, resolve disputes, troubleshoot problems, assist with investigations, enforce our Terms of Use or contractual rights, and take other reasonable actions permitted or required by applicable law.

Our Sites are not directed to children under age 13 and we do not knowingly collect Personal Information from children under the age of 13. Children under 13 should not provide their Personal Information to us through our Sites, or in writing. If we learn that Personal Information belonging to anyone under the age of 13 is stored on the Sites, we will immediately delete such information and refrain from using it for any purpose.

Other Information We Collect

We automatically gather some information when you browse or view our Sites, such as your browser type and language, your Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, clickstream data, whether you are a first-time or a returning user, links you clicked on while on the Sites, and your flow and navigation path through the Sites during your visit. We use this information to make sure that the Sites, and their associated parts, are functioning properly, that the Sites are displayed properly for your equipment and software, and that we can provide you with information useful to your location.

There are “do not track” or similar browser choices available to internet users with respect to online web activity but given the present lack of consensus on what constitutes an informed election, appropriate trigger or the breadth of scope of such choice, our Sites will not operate any differently when a “do not track” signal is received.

In some of our email messages, you will find a “click-through URL” linked to content on our Sites. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our communications. If you prefer not to be tracked in this way, you should not click such links in our email messages.

Cookies and Other Tracking Technologies

Cookies are small files that are placed on your computer and retrieved by the Sites to make this website work more efficiently and to better enable processing of information. Cookies can include web beacons, also known as action tags, pixel tags or single-pixel gifs, and other technologies.

Some cookies are set automatically because they are necessary for the Sites to perform. Other cookies are used for functional, performance, and targeting purposes to enhance your experience by personalizing content and ads, enabling third party content and features, and enabling us to analyze how this site is used.

We also permit third-party companies to collect information (such as clickstream information, browser type, time and date, advertisements clicked or scrolled over, hardware/software information, cookie and session ID) during your visits to the Sites and other websites to provide advertisements for products in which you may be interested, and for advertising-related services, such as ad delivery, reporting, attribution, analytics, and market research. These include:

Facebook Ads – Facebook collects user information (including personally identifiable information) from Facebook, Instagram, Messenger and other products and features offered by Facebook apps and other technologies like tags, pixels or unique tracking codes (“Facebook User Data”). Facebook uses Facebook User Data for purposes of delivering Facebook Ads including, where applicable, retargeting and conversions. Facebook uses Facebook User Data for its own purposes, including to improve its services. To learn more about how Facebooks collects, uses and processes information and how you can manage or delete information about you please see its Data Policy at https://www.facebook.com/about/privacy.
Google’s Google Analytics - Google Analytics is a third-party analytics service. We use Google Analytics to collect information about the use of this Site. Google Analytics collects information on visitor behavior on this Site such as how often users visit this Site, what pages they view when they do so, and what other websites they used prior to coming to this Site. We use the information we get from Google Analytics to analyze user behavior, improve Site performance, personalize the user experience, and analyze the effectiveness of our marketing campaigns. Google Analytics collects only the IP address assigned to you on the date you visit this site, rather than your name or other identifying information. Google Analytics anonymizes the IP address before it is stored. We do not receive the non-anonymized IP address. We may combine the Google Analytics data with first and third-party data information which may include personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. To learn more about how Google collects and uses data, visit https://policies.google.com/privacy/partners. For opt-out options specific to Google Analytics, please visit https://tools.google.com/dlpage/gaoptout.
Microsoft’s Bing Ads - Bing Ads collect user information (including personally identifiable information) from Microsoft online properties, apps and other technologies like tags, pixels or unique tracking codes (“Bing Ads User Data”). Microsoft uses Bing Ads User Data for purposes of delivering Bing Ads including, where applicable, retargeting and conversions. Microsoft uses Bing Ads User Data for its own purposes, including to improve its services. To learn more about how Microsoft collects, uses and processes personally identifiable information, including information on how to control the use of your data for interest-based advertising from Microsoft, please see its Privacy Statements at https://privacy.microsoft.com/en-us/privacystatement.

Most browsers are set to accept cookies automatically. You can set your browser to decline all cookies automatically or to prompt you for a response each time a cookie is offered, but you may find that you cannot access all of our Sites’ features. At this time, the Sites do not respond to “Do Not Track” signals that may be sent by your browser. We may revisit this as standards develop on how such signals should be interpreted and applied.

Location

You may give consent for our Sites to capture and record certain precise geo-location or global positioning data from your device in order to tailor information to your location. We may link such location data to other information that you provide to us or that may be accessed in connection with your use of our Sites. You should be able to manage how your mobile device and mobile browser share location information with us, as well as how your mobile browser handles cookies and related technologies, by adjusting your mobile device’s privacy and security settings.

Use of Your Personal Information

We use your Personal Information to further legitimate business interests – to transact business with you and serve you as a member and to administer our Sites and prevent fraud. As described above, we use your Personal Information to answer your inquiries, provide you with information on our products and services, enable you to participate in online transactions, confirm your account status on the Sites, administer your account, personalize content so that it applies to you and your interests, compile, analyze, and do research on our user’s demographics and behavior, and detect, investigate, and prevent activities that may violate our policies or be illegal. We may also use your Personal Information to communicate with you about products and services we believe you might find of interest and to administer promotions, surveys, contests and sweepstakes in which you might participate.

We also use the information automatically collected about you during your use of the Sites as described above, to improve the effectiveness of our websites, operations, mobile experience, or marketing efforts or as described elsewhere in this policy, to prevent fraud and theft, and otherwise to protect our Sites’ visitors and our business.

Our employees and agents may view your Personal Information to perform their jobs and service your needs. We authorize access to your Personal Information to them on a need-to-know basis to provide you with our products or services to you, or for one of the other reasons listed in this section.

Sharing Your Personal Information

As a general rule, we will not disclose any of your Personal Information except when we have your permission or under special circumstances, such as when we believe in good faith that the law requires it or under the legitimate business-related circumstances described in this Policy. For instance, we may share your Personal Information in the following circumstances:

We may provide your personal information to affiliated companies or others who help us operate the Sites or assess your interest or satisfaction with the Sites, our organization, or our products. When we do so, we will ensure that such affiliated companies are contractually prohibited from using that information for any other reason.

We may share your Personal Information with third parties who may help us operate the Sites or help us assess your interest or satisfaction with the Sites.

We may disclose your Personal Information if we determine that disclosure is reasonably necessary to enforce our Terms of Use, this Privacy Policy or to otherwise protect our operations, clients or users.

We may release your Personal Information to others (including law enforcement) if we believe such release is reasonably necessary to comply with the law or legal process; enforce or apply the terms of applicable terms of use; detect, prevent, or otherwise address fraud, security or technical issues; or otherwise protect the rights, property or safety of others.

We may sell, transfer and/or disclose your Personal Information as part of a business divestiture, sale, merger, or acquisition of all or a part of our business. If another company acquires our company, business, or assets, that company will possess the Personal Information collected by us and will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy. In the event of an insolvency, bankruptcy, or receivership, your Personal Information may also be transferred as a business asset.

In addition, we may share aggregate, non-individual information, incapable of identifying a particular person, with third parties for lawful purposes.

California Privacy Rights

California consumers have certain privacy rights provided through the California Consumer Privacy Act of 2018 (as amended by the California Privacy Rights Act of 2020) and its implementing regulations.

Links to Other Websites

You may be able to post content to Social Networking Sites (such as Facebook, Linked-In, Twitter, and Google+) on which we maintain a presence. If you choose to do this, we will provide information to the Social Networking Sites, and receive information from them, in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policies. We are not responsible for the availability, accuracy, content, products or services of such Social Network Sites.

While you are using the Sites, you may be linked or directed to other third-party Sites outside of our Sites that are beyond our control. Each of these third-party Sites may have a privacy policy different from ours. Please carefully review the privacy policies of these Sites. We are not responsible for any actions or policies of such third parties.

Data Movement

We may maintain your Personal Information on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

We process data, including Personal Information, in the United States. We do not transfer your Personal Information to another organization or a country absent the existence of adequate security and privacy controls. We transfer Personal Information to the United States only with your consent or to perform a contract with you, and consistent with the practices described in this Privacy Notice. We do not collect or store sensitive information about you.

Security Measures

We maintain a variety of industry-standard security measures, including physical, electronic and procedural safeguards. No system can be completely secure, so we do not promise, and you should not expect, that your Personal Information, searches, or other communications will always remain secure.

Contacting Us about Your Information

If you believe that the Personal Information that we have collected about you is incomplete, inaccurate, or not up to date, or if you would like to review, withdraw consent and/or request changes or deletion of that information, you can contact us at WebManager@foleyeq.com[DDW5] .

You may opt-out of receiving marketing-related emails by clicking the "unsubscribe" link at the bottom of any email you receive from us. If you are having difficulty unsubscribing from our marketing communications, please contact us at WebManager@foleyeq.com.

If you opt-out from receiving marketing emails or text messages, we may still need to send you communications about your orders, member service inquiries and other matters.

If you agreed to receive future marketing communications directly from a third party through our Sites, you will need to contact that party to opt-out of such communications. This process may be outlined on that party's privacy policy.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. Changes and clarifications will take effect immediately upon their posting on the Sites and we will change the “Last Modified” date below.

Questions and Contact Information

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, you may email us at: marketingteam@foleyeq.com

Cookie Settings

You can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work.

Strictly Necessary Cookies

Always Active

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our Sites and will not be able to monitor their performance.

Functional Cookies

These cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.

Targeting Cookies

These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. These cookies work by uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

California Privacy Rights

If you are a California resident, you can make certain requests regarding your Personal Information, and we will fulfill each request to the extent required by law. If we are unable to comply with your request in whole or in part, we will notify you with reasons for the denial.

You can request that we:

Provide you with access to a copy of and certain details regarding the personal information we have about you.
Delete your personal information.
Stop selling your personal information or sharing your personal information for cross-context behavioral advertising.
Correct your inaccurate personal information.
Limit the use or disclosure of your sensitive personal information (SPI).

To exercise any of these privacy rights, 844-365-3937 or email us at WebManager@foleyeq.com.

If you request access to, or the correction or deletion of, your personal information we will verify your identity before disclosing the requested information. If we cannot verify your identity, we will notify you, and your request(s) to access, request, or delete your personal information may not be processed. Any requests may be denied if we have reason to believe they are fraudulent.

If someone submits a request on your behalf, we will require documentation demonstrating your agent’s authority to submit requests on your behalf.

We will not discriminate against you for exercising your California privacy rights. We will not deny you goods or services, charge different prices or rates, provide a different level of service or quality of goods, or suggest that you might receive a different price or level of quality for goods. Some programs or membership services require usage of personal information to function, so compliance with your request may impact those experiences.

Under the California Shine the Light law, residents also have the right to request that we provide you with (a) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (b) the identity of those third parties. To exercise this right, contact us at WebManager@foleyeq.com.

Categories of Personal Information Collected

For and during the 12-month period prior to the Last Updated date of this California Notice, we may have collected or received the categories of Personal Information listed below. Not all categories will be collected or received for every individual.

Identifiers: Personal identifiers, such as name, telephone number, physical address, email address, national identification numbers, driver’s license numbers, and signatures
Device Information and Online Activity: Device and online identifiers, keystroke patterns indicative of human or bot website/app usage, mobile and web network activity and related information (such as Mac address, cookie IDs, browser activity, and other information associated with your browsing history), and social media information
Commercial Information: Purchase and transaction history information (such as products or services you have purchased, rented, or returned), health and safety-related information, product testimonials, travel and vacation information, and competition entries
Communications: Communication details (such as the content of emails, text messages, or other communications), call logs, and calendar information where we are a party to the exchange
Demographic Information: Demographic information, such as age (including information about children under the age of 13 with respect to certain purchases and services (e.g., tobacco purchases), gender, citizenship, ethnicity, date of birth, family or marital status, household income, education, professional and employment information, family health, number of children, number of cars owned, and software or virtual assets owned
Financial Information: Financial information, such as credit or debit card numbers, financial account numbers, and claims information
Biometric Information: Biometric information, such as voice prints, imagery of the iris or retina, face geometry, and palm prints or fingerprints
Geolocation: Location information, such as geolocation information
Sensory Information: Audio, visual information, and other sensory information such as photographs and audio and video recordings
Background Information: Background and criminal information, such as background checks and criminal convictions
Inferences: Individual preferences and characteristics, such as inferences related to shopping patterns and behaviors, intelligence, and aptitudes
Sensitive Personal Information: Government-issued identifiers (such as social security, driver’s license, state identification card, or passport number), account log-in and financial information (such as payment card details), and precise geolocation

Categories of Sources from Which We Collect Your Personal Information

We may obtain and combine personal information from different sources as set forth in our general Privacy Policy and as provided below:

Provided directly by you or a member of your household
Collected from a device associated with you or your household
Collected through in-store technology
Collected from another company within our family of companies
Collected from an external third-party source
Collected from another solution or asset
Collected from other sources, when it is appropriate, to help us correct or supplement our records, improve the quality or personalization of our services, increase the appeal and relevance of advertising, and to prevent or detect fraud

Purposes for Collecting Personal Information

We may obtain, combine and use your Personal Information from the various sources described above for these purposes:

Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytics services, providing storage, or providing similar services
Providing advertising and marketing services, including targeted advertising
To conduct auditing and monitoring of transactions and engagement, including auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance
Short-term, transient use, such as non-personalized advertising shown as part of your current interaction with us
Helping to ensure security and integrity and prevent fraud
Undertaking activities to verify or maintain the quality or safety of our services or devices and to improve, upgrade, or enhance them
Debugging to identify and repair errors
To conduct business analysis, such as analytics, projections, identifying areas for operational improvement
To conduct research and development, including undertaking internal research for technological development and demonstration
To fulfill our legal function or obligations

We use sensitive personal information for each of the purposes described above and to make inferences about customers, which we may use to promote certain products or services.

To the extent we process deidentified information, we will maintain and use the information in deidentified form and will not attempt to reidentify the information unless permitted by applicable law.

Sale and Sharing of Personal Information

We may sell or share personal information with third parties for various purposes including cross-context behavioral advertising or sharing among Foley-affiliated entities. These kinds of disclosures may be deemed selling or sharing personal information under California law and you have the right to opt out of these disclosures. We may sell or share for cross-context behavioral advertising purposes (and may have sold or shared during the 12-month period prior to the Last Updated date of this California Notice) the following categories of personal information to the following categories of third parties:

Category of Personal Information Sold or Shared

Category of Third-Party Recipient

Identifiers

Service providers (such as advertising networks, marketplace sellers, analytics providers, etc.)

Device Information and Online Activity

Business partners that receive data for their own independent use and not to provide services to Foley entity

Demographic Information

Business partners that receive data for their own independent use and not to provide services to a Foley entity; Service providers

Geolocation

Business partners that receive data for their own independent use and not to provide services to a Foley entity

Inferences

Business partners that receive data for their own independent use and not to provide services to a Foley entity; Service providers

Disclosing Personal Information for Business Purposes

During the 12-month period prior to the Last Updated date of this California Notice, we may have disclosed the Personal Information below with the categories of third parties described above:

Demographic information
Device and online identifiers
Financial information
Individual preferences and characteristics
Location information
Personal identifiers
Purchase history information
Audio, visual and other sensory information
Background and criminal information
Biometric information
Characteristics of protected classifications under California or federal law
Education information
Employment information
Government identifiers
Health and health insurance information
Internet, application, and network activity

Retention of Your Personal Information

We will keep the personal information we collect about you for as long as necessary to carry out the purposes set forth in this Privacy Notice or any other notice provided at the time of data collection, but no longer than as required or permitted under applicable law or our internal policies. We dispose of the information we collect in accordance with our retention policies and procedures.

Changes to this Privacy Policy

5/17/23