LAST REVISED AND EFFECTIVE AS OF NOVEMBER 1, 2019

TRUWHIP WEBSITE PRIVACY POLICY

TRUWHIP, 877 W. Main Street, Ste 700, Boise, ID 83702, the owner and operator of the website located at www.powereng.com, (“Truwhip”) recognizes that our clients, visitors, users, and others (collectively or individually “Users”) who use www.powereng.com or other web sites owned or operated by Truwhip (collectively, the “Truwhip Sites”) value their privacy. Truwhip is the controller and is responsible for this website and its compliance with regulations, including the General Data Protection Regulation. This Privacy Policy details important information regarding the use and disclosure of Users’ information collected on the Truwhip Sites. Truwhip provides this Privacy Policy to help you make an informed decision about whether to use or continue using the Truwhip Sites. WHEN YOU CLICK ON AN “I ACCEPT” BUTTON ON THE Truwhip WEB SITE OR IN CONNECTION WITH THE Truwhip WEB SITE TERMS AND CONDITIONS (WHICH ARE INCORPORATED HEREIN BY REFERENCE), YOU AGREE TO THIS PRIVACY POLICY.  PLEASE DO NOT CLICK ON “I ACCEPT” IF YOU DO NOT AGREE WITH THIS POLICY. This Privacy Policy is governed by the laws of the State of Idaho, U.S.A.

Your use of the Truwhip Sites and any personal information you provide on the Truwhip Sites remains subject to the terms of this Privacy Policy. It is your right to decline to provide us with personally identifiable information attendant to using any of our services, but if you do so, certain site features and functionality may not be available to you.

 What Truwhip Collects: The categories and specific pieces of personal information Truwhip may collect if Users choose to participate in various activities on the Truwhip Sites, such as subscribing to newsletters or other mailing lists, include your name, email address, IP address, and occupation.

Under this Privacy Policy, you have the right to rectification if any of your personally identifiable information is incomplete or inaccurate, and the right of access to your personally identifiable information at any time to obtain free information about, and an exportable copy of your stored personally identifiable information. You also have the right to erasure—the “Right to be Forgotten”—meaning we will delete your personally identifiable information if you request us to do so. Our contact information is below. Truwhip shall provide the information collected from a California resident to that resident upon receipt of a verifiable consumer request, subject to the provisions of the California Consumer Privacy Act of 2018.

Cookies: When you visit the Truwhip Sites, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser. Truwhip uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your browser’s help file directions. A session cookie is temporary and disappears after you close your browser. You can set your browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Truwhip Sites may not function properly if the ability to accept cookies is disabled. Truwhip automatically receives and records information on our server logs from your browser, including your Internet Protocol (“IP”) address, cookie information, and the page you request. When you use the Truwhip Sites, our servers may automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, IP address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser. Truwhip may also use clear gifs, and log file information to: monitor the effectiveness of our marketing campaigns; monitor aggregate metrics such as total number of visitors, pages viewed.

How the Information is Used: If you submit personally identifiable information to us through the Truwhip Sites, then we use your personal information to provide to you the features and functionality offered through the Truwhip Sites, such as newsletters. Truwhip uses information you provide for such purposes as fulfilling your requests for products and services, and providing anonymous reporting for internal and external clients. Truwhip uses both your personally identifiable information and certain non-personally-identifiable information (such as anonymous usage data, cookies, IP addresses, browser type, and click-stream data) to improve the quality and design of the Truwhip Sites and to create new features, promotions, functionality, and services by storing, tracking, and analyzing trends and Users’ preferences.

We protect and secure your personally identifiable information and take reasonable steps:

  • to protect data against accidental loss
  • to prevent unauthorised access, use, destruction or disclosure
  • to ensure business continuity and disaster recovery
  • to restrict access to personal information

When Truwhip Discloses Information: We will not sell, disseminate, disclose, transmit, transfer, share, lease, or rent any personally identifiable information to any third party not specifically authorized by you to receive your information except as we have disclosed to you in this Privacy Policy. We provide personally identifiable information and non-personally-identifiable information to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf. We require that these parties agree to process such information in compliance with our Privacy Policy, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures. We provide the information to trusted partners who work on behalf of or with Truwhip under confidentiality agreements. These companies may use your personal information to help Truwhip fulfill your requests for additional information from our website. However, these companies do not have any independent right to share this information.

Truwhip will disclose personally and non-personally identifiable information when Truwhip believes is necessary to: (1) respond to subpoenas, court orders, or legal process; (2) establish or exercise our legal rights; (3) defend against legal claims; (4) investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our terms of use; or (5) to otherwise comply with the law.

Truwhip will transfer information about you if we are acquired by or merge with another company.

Data Retention: We will retain your personally identifiable information for only as long as your account is open or for only as long as needed for our purposes, unless otherwise required by law. We will retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements as follows:

  • billing information is retained for a period of 7 years as of their provision to Truwhip in accordance with United States accounting and taxation laws; and
  • information on legal transactions between you and Truwhip is retained for a period of 10 years as of their provision to

Options: You may, of course, decline to submit personally identifiable information through the Truwhip Sites, in which case Truwhip may not be able to provide certain services to you. You can unsubscribe your information at any time. You have the right to request the deletion of your personal information that Truwhip may have collected. Upon receipt of a verifiable consumer request from a California resident to delete the consumer’s personal information, Truwhip shall delete the consumer’s personal information from its records and direct any service providers to delete the consumer’s personal information from their records UNLESS it is necessary for Truwhip to maintain the consumer’s personal information for one of the reasons delineated in Section 1798.105 of the California Consumer Privacy Act of 2018.

Upon receipt of a verifiable request from a California resident requesting such information, Truwhip shall disclose to the consumer the following:

(1) The categories of personal information it has collected about that consumer.

(2) The categories of sources from which the personal information is collected.

(3) The business or commercial purpose for collecting or selling personal information.

(4) The categories of third parties with whom the business shares personal information.

(5) The specific pieces of personal information the business has collected about that consumer.

The methods for submitting requests for information required to be disclosed pursuant to this Policy and the California Consumer Privacy Act of 2018 are (1) 800-727-9939, and (2) truwhip.com.

 Confidentiality: If Truwhip learns of a security systems breach in which your personally identifiable information is disclosed in violation of law, then we will follow applicable legal requirements relative to notifying you of the breach. We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.

Non-Discrimination: Truwhip shall not discriminate against a consumer because the consumer exercised any of the consumer’s rights under this Privacy Policy, including, but not limited to, by:

(1) Denying goods or services to the consumer.

(2) Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties.

(3) Providing a different level or quality of goods or services to the consumer, if the consumer exercises the consumer’s rights under this title.

(4) Suggesting that the consumer will receive a different price or rate for goods or services or a different level or quality of goods or services.

International Users: Please be advised that through your continued use of the Truwhip Sites, which are governed by U.S. law, this Privacy Policy, and our Terms of Use, that you are agreeing to be bound by the laws of this territory and by transferring your personal information to the United States, you consent to that transfer.

Privacy for Children: Protecting the privacy of young children is especially important. For that reason, Truwhip does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the Truwhip Sites from persons under 13 years of age, and no part of our website is directed to persons under 13. If you are under 13 years of age, then please do not use or access the Truwhip Sites at any time or in any manner. If Truwhip learns that personally identifiable information of persons under 13 years of age has been collected on the Truwhip Sites without verified parental consent, then Truwhip will take the appropriate steps to delete this information.

Questions or Changes:  Any questions or comments about this Privacy Policy, including requests to update or delete a User’s contact information, are welcome and can be made via the Contact Us form. We reserve the right to change this Privacy Policy at any time by posting the revised Privacy Policy in the “Privacy Policy” section of the website. The revised Privacy Policy is effective immediately when posted on November 1, 2019. It is the responsibility of each user to review the website and the Privacy Policy periodically to learn of any revisions to this Privacy Policy. Your continued use of the website after the effectiveness of such revisions will constitute your acknowledgment and acceptance of the terms of the revised Privacy Policy.

 

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