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Privacy documents (updated 11/15/22)

Privacy Policy

 

Last Updated: 11/16/2022

 

This Privacy Policy describes how your personal information is collected, used, and shared by Festool USA LLC (“Festool,” “we,” “us” and “our”) when you visit websites or services controlled by Festool or its affiliates where this Privacy Policy is posted (the “Site”), or when you otherwise communicate with us or make use of our services. We may update this Privacy Policy from time to time, as detailed below. You should not use the Site if you have any objections to our Privacy Policy, which is binding upon all users of the Site. If you have a question about how your personal information is being used, you can contact us through the methods provided in the “Contact Us” section at the end of this Privacy Policy.

 

OVERVIEW OF KEY POINTS & NOTICE AT COLLECTION

 

We have set out below some important highlights of our Privacy Policy. You can obtain more information about how we collect, use, share, protect, and otherwise handle your personal information by reviewing our full Privacy Policy and clicking on the links provided below. Specifically, we may collect or process various categories of personal information.  The section below titled “Personal Information We Collect and Use” contains more complete information on the categories of personal information we may collect and use and whether we may sell or share such personal information. The section titled “Third Party Collection” contains information about third parties that control the collection of personal information on our behalf. A brief overview is as follows.

 

We Collect a variety of personal information from you, depending on how you interact with our Site and services or otherwise communicate with us. This includes:

  • Identifiers, such as name, postal address, Internet Protocol (IP) address, email address, and account name;
  • Commercial information, such as records of products purchased, obtained, considered, or other purchasing or consuming histories or tendencies;
  • Financial account information;
  • Internet, technical, or other similar network activity, which may include usage and browsing history; device and network information, including device properties, the server you are logged on to, domain name of your internet service provider, browser type and version, or general geographic area associated with your IP address; weblogs; time zone; date; language preferences; browsers used; web addresses visited; other communication information; search history; pages visited; and information or recordings of your interaction with our Site;
  • Inferences drawn from other personal information, such as a profile reflecting your preferences, interests, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; and
  • Other information as permitted or required by law.

 

 

We Use this information for the following purposes,

  • To provide you with our products or services;
  • To process payment transactions;
  • To contact you in relation to our Site or services;
  • To respond to your inquiries;
  • To screen for potential risk or fraud;
  • For internal research to improve our advertisements and marketing initiatives;
  • To maintain or improve the quality, functionality, safety and security of our Site or services;
  • To optimize and personalize your experience on our Site and with our services;
  • To send you personalized content, information, brochures, coupons, samples, offers and other information on our Site;
  • To deliver relevant advertising to you; and
  • As otherwise permitted or required by law;

 

 

We Disclose personal information to  the following entities:

  • Our affiliates as needed to perform services for us, which may include website hosting, marketing, fraud monitoring, email or mail delivery and administration, or data analysis;
  • Our third party service providers which may include website hosting providers, fraud monitoring services, email or mail delivery and administration providers, advertising networks, operating systems or platforms, social networks, or data analytics providers;
  • Other domestic or foreign promotional partners to jointly offer or provide products, services, contests, or promotions to our customers, or otherwise to enhance and personalize your experience;
  • Parties to a prospective or completed business transaction in which we are involved (e.g. mergers, acquisitions, divestitures, bankruptcies, and sales of all or a part of our assets); and
  • Other entities as permitted or required by law, such as law enforcement, courts, or national security entities.

 

 

We Protect your personal information both online and offline (to the extent that we maintain any personal information offline), as described in our full Privacy Policy below. However, perfect security does not exist, and we cannot guarantee the absolute security of your personal information.

 

 

Additional Notices for Canadians

 

Your personal information may be transferred to, and processed in, countries outside of Canada, and accordingly, may be accessible to courts, law enforcement and national security authorities of those other countries. If you are located in Quebec, your personal information may be communicated and used outside of Quebec.

 

If you are located in Quebec, your personal information will be held on servers located in the United States and in Ontario, Canada where it will be accessible to personnel with a need to know the information in order to perform their duties, including individuals in our Customer Service and Finance departments.

 

If you are located in Alberta, you may contact our CEO at privacy@festoolfanshop.com in order to obtain written information about our policies and practices with respect to third party service providers and affiliates outside of Canada, or to ask questions about the collection, use, disclosure or storage of personal information by such third party service providers and affiliates outside Canada.

 

You may have the right to access and rectify your personal information, and the right to withdraw consent to the collection, use, communication and disclosure of your personal information, subject to certain requirements and restrictions under applicable law.

 

Any information you post on a public posting area (e.g. our social media pages) becomes public information, and we do not control how others may use or further disclose/publish such content. For example, such information could be used to send you unsolicited messages or otherwise to contact you without your consent or desire. We are not responsible for uses or further disclosure or publication by third parties, which may not be consistent with our Privacy Policy.

 

If you have a request regarding your personal information and/or would like to exercise your rights under applicable law, please contact us through the methods provided in the “Contact Us” section below. To exercise your right to ask that we do not sell, share, or use your personal information for targeted advertising, please click the “Your Privacy Choices” link here. We also recognize the Global Privacy Control opt-out preference signal in a frictionless manner. The Global Privacy Control is available here. The Global Privacy Control applies to devices, so additional devices may need to have the Global Privacy Control activated.

 

 

FULL PRIVACY POLICY

 

PERSONAL INFORMATION WE COLLECT AND USE

The types of information we collect when you use the Site, communicate with us, or access our services depend on the features you use on the Site, or the manner in which you communicate with us or access our services. In this Privacy Policy, “personal information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual, subject to any exclusions under applicable law.

 

We will handle your personal information in accordance with this Privacy Policy and describe the information collected below:

  • Identifiers, which may include name, postal address, Internet Protocol address, email address, and account name. This information may be collected directly from you (g., when you create an account with us, or otherwise communicate the information to us) or indirectly from you (e.g., from observing your actions on the Site). We use this information to fulfil or meet the reason you provided the information, to contact you in relation to our Site, to respond to an inquiry, or to screen for potential risk or fraud. We also process identifiers for commercial purposes related to research, advertising, and marketing, and we may share identifiers for commercial purposes with third party service providers, including advertising networks, data analytics providers, operating systems and platforms, and social networks. We may also share this information for business purposes, including auditing related to counting ad impressions, helping ensure security and integrity, debugging and repairing errors, short-term transient use, performing services on behalf of Festool, providing advertising and marketing services to current and potential customers, internal research, and to verify or maintain the quality or safety of our Site. We may also disclose this information to third party service providers, affiliates, and contractors. We retain identifiers for as long as needed to meet the purpose for processing and otherwise in accordance with this Privacy Policy and applicable law.
  • Commercial information, which may include records of products purchased, obtained or considered by you, or your other purchasing or consuming histories or tendencies. This information may be collected directly from you (g., when you complete a transaction with us) or indirectly from you (e.g.by observing your actions on the Site). We use this information to fulfil or meet the reason you provided the information (e.g. to complete or process your transaction), to respond to an inquiry, or to screen for potential risk or fraud. We also process commercial information for commercial purposes related to research, advertising, and marketing, and we may share commercial information for commercial purposes with third party service providers, including advertising networks, data analytics providers, operating systems and platforms, and social networks. We may also share this information for business purposes, including for auditing related to helping ensure security and integrity, providing advertising and marketing services to current and potential customers, internal research, and to verify or maintain the quality or safety of our Site. We may also share this information with third party service providers, affiliates, and contractors. We retain commercial information for as long as needed to meet the purpose for processing and otherwise in accordance with this Privacy Policy and applicable law.
  • Personal information categories contained in consumer records, which may include financial information such as credit card number or debit card number. This information is collected directly from you. We use this information to fulfil or meet the reason you provided the information (e.g. to complete or process your transaction), to respond to an inquiry, or to screen for potential risk or fraud. We also process financial information for commercial purposes related to research, advertising, and marketing.. We may disclose share this information for business purposes, including for auditing related to helping ensure security and integrity, providing advertising and marketing services to current and potential customers, internal research, and to verify or maintain the quality or safety of our Site. We may also disclose  this information with third party service providers, affiliates, and contractors. We retain financial information for as long as needed to meet the purpose for processing and otherwise in accordance with this Privacy Policy and applicable law.
  • Internet, technical or other similar network activity, which may include device information, including device properties; search history; and information on your interaction with our Site (e.g., links used, and information typed into online forms). We collect this information indirectly from you (g., from observing your actions on our Site) or from third parties like data analytics providers. We use this information to provide you with personalized content and information, and to send you brochures, coupons, samples, offers and other information on our Site; and/or to deliver relevant advertising. We process internet or other similar network activity information for business and commercial purposes related to security, auditing, repairs of our Site, research, advertising, and marketing. This information is shared for business purposes with affiliates, contractors, and third party service providers, including apps such as Avalara AvaTax, Hulk Contact Us Form with Captcha Logo, Data Export, Geolocation, Infinite Options, Multi Store Sync Power, Rewardify, Postmen & ET Language Translate. It is also sold to or shared with third party analytics providers. We retain internet or other similar network activity information for as long as needed to meet the purpose of processing and otherwise in accordance with this Privacy Policy and applicable law. More information about online tracking and your options with respect to third party tracking tool providers can be found below.
  • Inferences drawn from other personal information, which may include a profile reflecting a person’s preferences, interests, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. We receive these inferences indirectly from you (g., from observing your actions on our Site) or from third parties, such as data analytics providers. We use these to provide and improve the products you request; to provide you with personalized content, information, and to send you brochures, coupons, samples, offers and other information on our products; and/or to deliver relevant advertising. We process this information for business and commercial purposes related to security, auditing, research, marketing, and advertising. We sell and share inferences for business purposes with affiliates, contractors, and service providers, including apps such as Avalara AvaTax, Hulk Contact Us Form with Captcha Logo, Data Export, Geolocation, Infinite Options, Multi Store Sync Power, Rewardify, Postmen & ET Language Translate. We retain these inferences for as long as needed to meet the purpose of processing and otherwise in accordance with this Privacy Policy and applicable law.

 

You have choices about the information we collect. Your decision to provide any personal information is voluntary. However, please note that, if you do not provide certain personal information (or if you withdraw your consent to our continued use of your personal information), we may not be able to accomplish some purposes outlined in this Privacy Policy and you may not be able to use or access certain services on our Site.

 

DEIDENTIFIED INFORMATION

We maintain and use all deidentified information in deidentified form. We do not attempt to reidentify it except to ensure our deidentification processes are in compliance with applicable data protection laws.

 

COOKIES, ONLINE TRACKING, AND ADS

Like many other Sites, we use “cookies,” which are files stored on your computer's hard drive by your browser. We use cookies to collect information such as the server you are logged onto, the domain name of your internet service provider, your browser type and version and your IP address. We may also derive the general geographic area associated with an IP address.

 

Sometimes, we use cookies in combination with “web beacons” or similar technology to collect additional information, such as: your IP address and location information, weblogs, time zone, date, your language preferences, browsers used, web addresses visited, other communication information, searches conducted, and pages visited.

 

We also use the following third party tools to collect information about Site visitors:

  • Google Analytics: To help facilitate the delivery of relevant content, we use Google Analytics. Google Analytics uses cookies to report on user interactions on our and others’ websites. We use the information collected for optimizing marketing, refining advertising, and/or programming strategies, and generally improving user experience. For more information about Google Analytics and how it collects and processes information, please visit: https://policies.google.com/technologies/partner-sites and instructions on opting out of Google Analytics using a specific plug-in is available at the following link: https://tools.google.com/dlpage/gaoptout. Note that this opt-out is specific to Google activities and does not affect the activities of other ad networks or analytics providers that we may use.
  • Meta Pixel: We also use Meta Pixel to measure your use of our Site, tailor our Site to your interests, and improve our Site. Please note, Facebook can connect this data with your Facebook account and use it for its own advertising purposes, in accordance with Facebook’s Data Policy which can be found at Facebook.com/about/privacy/. Find opt-out instructions here
  • Firebase: To improve our understanding of your behavior and to optimize our Site, we use Firebase. Additionally, we use Firebase functions that enhance user guidance, assess the reasons for errors within our mobile apps, and enable push notifications. Firebase is a real-time database, which is used to embed real-time information in a website. Firebase is a subsidiary company of Google and is headquartered in San Francisco (CA), USA. To view the Firebase Privacy Policy, visit https://www.firebase.com/terms/privacy-policy.html. Opt-out instructions are available here.
  • Crashlytics: Our mobile apps use Crashlytics, developed by Crashlytics Inc, USA. Crashlytics is part of the Google Group. Crashlytics identifies software errors and the reasons behind them. To do this, it gathers information such as device status, terminal type, device identification and saves this information in pseudonymized form. You can prevent information from being collected and stored by changing the corresponding setting within the app. For more information on the Crashlytics Privacy Policy, visit: https://try.crashlytics.com/terms/privacy-policy.pdf.

 

The use of online tracking mechanisms by third parties is subject to those third parties’ own privacy policies. Again, we do not endorse and are not responsible in any way for the privacy practices of third party websites.

 

If you prefer to prevent third parties from setting and accessing cookies on your computer, you may set your browser to block cookies. Although this may provide you with enhanced anonymity, it may affect the functioning of our Site.  For example, blocking cookies on the Site may result in your browser not remembering log-in information or saving items in your shopping cart. Additionally, you may remove yourself from the targeted advertising of companies within the Network Advertising Initiative by opting out here, or of companies participating in the Digital Advertising Alliance program by opting out here.

 

HOW WE COLLECT YOUR PERSONAL INFORMATION

We collect your personal information:

  • Directly from you. You may give us your personal information when you do any of the following:
    • Access or use the Site; or
    • Communicate directly with us, such as by filling out a contact form;
  • When you interact with the Site. As you interact with and use the Site, we may automatically collect your personal information, e.g., your internet, technical or other similar network activity. We may also collect personal information by using website cookies.
  • Third parties or publicly available sources. We may receive your personal information from third parties, which include:
    • Internet, technical or other similar network activity from analytics providers, advertising networks and social media platforms; and
    • Identifiers and commercial information from providers of technical services.

 

DISCLOSURE OF YOUR PERSONAL INFORMATION

We may disclose your personal information with the following parties and in the following ways:

  • We may disclose information with our affiliates. Such parties may manage our customer information and perform services on our behalf, such as website hosting, marketing, fraud monitoring, email or mail delivery and administration, or data analysis, etc. We ask affiliates with whom we disclose your information to confirm that their privacy practices are consistent with ours and applicable law, and we provide them with only the information they need to perform their services for us.
  • We may disclose your information with domestic or foreign third parties including our agents, third party service providers, and consultants as needed for them to provide business-related services to us. Such third parties may manage our customer information and perform services on our behalf, and may include website hosting providers, fraud monitoring services, email or mail delivery and administration providers, advertising networks, operating systems or platforms, social networks, or data analytics providers, etc. We ask third parties with whom we share your information to confirm that their privacy practices are consistent with ours and applicable law, and we provide them with only the information they need in order to perform their services for us.
  • We may disclose your information or combine your information with other information we may have about you when we team up with other domestic or foreign promotional partners to jointly offer or provide products, services, contests, or promotions to our customers, or otherwise to enhance and personalize your experience.
  • We may disclose or transfer your information in the course of any direct or indirect reorganization process including, but not limited to, mergers, acquisitions, divestitures, bankruptcies, and sales of all or a part of our assets. Your information may be shared following completion of such transaction and/or during the assessment process pending transfer. If transferred in such a case, your information would remain subject to this Privacy Policy or a privacy policy that, at a minimum, protects your privacy to an equal degree as this Privacy Policy.
  • Finally, we may also disclose your personal information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, to otherwise protect our rights, or as otherwise permitted by applicable law.

 

EXTERNAL LINKS

Our Site contains links to other third party websites. We are not responsible for the privacy practices or the content of such third party websites. To better protect your privacy, we recommend that you review the privacy policy of any third party website you visit.

 

HOW WE RESPOND TO DO NOT TRACK SIGNALS

The “Do Not Track” (“DNT”) privacy preference is an option that may be made in some web browsers allowing you to opt-out of tracking by websites and online services. At this time, global standard DNT technology is not yet finalized and not all browsers support DNT. We do, however, recognize the Global Privacy Control.

 

RECORD RETENTION

We will retain your information for as long as needed to fulfill the purpose for which it is collected and to comply with our legal obligations, resolve disputes, and enforce our agreements.

 

 

SECURITY, LOCATION AND ACCESS

We take reasonable physical, electronic and managerial measures to safeguard and secure any personal information you provide to us, including the use of Internet-standard encryption to protect end-to-end communications. Please understand, however, that no data transmissions over the Internet can be guaranteed to be 100% secure due to the inherent risks of data transmission over the Internet. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to us is done at your own risk. If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Site or by providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Site. We may post a notice via our Site if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

 

Quebec Users Only: If you are located in Quebec, Your personal information will be held on servers located in the United States and Ontario, Canada where it will be accessible to personnel with a need to know the information in order to perform their duties, including members of our Customer Service and Finance departments.

 

Financial Incentives

We may offer various financial incentives from time to time. Our financial incentives primarily request identifiers and contact information as part of an offer, though we may also request information from your customer records. The terms of the financial incentive will be provided at the time you sign up for the financial incentive. You may withdraw from any of the financial incentives. In calculating these offers, we consider the expenses related to the offer and the value of your information.  For offers involving your email, you may unsubscribe. For offers involving text messaging, you may text STOP. We have calculated the value of the financial incentive by using the expense related to the offer, and the value of your data is the value of the offer presented to you.

 

CONSENT TO INTERNATIONAL TRANSFER

If you are visiting our Site from a location outside of the U.S., such as the European Union, United Kingdom, Canada, or other regions with data protection laws that differ from those of the U.S., please be aware that your connection may be through and to servers located in the U.S. Any information you provide or that is collected about you during your visit to the Site will be processed and maintained on our server and other internal systems located within the U.S. or otherwise as described above.

 

You acknowledge and understand that, by providing your personal information to us, your personal information (i) will be used for the uses identified above in accordance with this Privacy Policy and applicable law, and (ii) may be transferred to the U.S. as indicated above, in accordance with applicable law, such as through the use of standard contractual clauses (where required by applicable law). By using the Site, participating in any of the services, and/or providing us with this information, you acknowledge this transfer, which may not offer the same level of data protection as the country where you reside, in accordance with the terms of this Privacy Policy. Personal information transferred to the U.S. may be accessible to courts, law enforcement and national security entities in the U.S.

 

Alberta Users Only: If you have any questions about, or wish to obtain further written information about our policies and practices with respect to the collection, use, disclosure or storage of your personal information by third party service providers or affiliates outside of Canada, you may contact our CEO at privacy@festoolfanshop.com.

 

COLLECTION AND USE OF INFORMATION FROM MINORS

The Site is not intended for use by minors. We do not knowingly collect information from minors and, in the event that we learn that we are in possession of personal information about a minor, we will delete such personal information, subject to applicable law.

 

DATA SUBJECT RIGHTS

Depending on your residence, the rights available to you may differ in some respects. Festool will respond to any rights request in accordance with applicable legal regulations.

 

If you, or an authorized agent acting on your behalf (where permitted by applicable law), wish to: (1) make a request related to any of the rights set forth below; (2) appeal a decision we made regarding a request; or (3) appeal our refusal to act within a reasonable time, please reach out to us using the contact information provided in the “Contact Us” section of this Privacy Policy. Information regarding the right to opt-out of sale, sharing, or targeted advertising is also located in the above “Notice at Collection” section of this Privacy Policy.

 

We may need to verify your identity and/or request before completing it. For example, we may ask you to confirm data points we already have about you. We will only use personal information provided in a request to verify the requestor’s identity or authority. Note that, where permitted by applicable law, we may deny a request from an authorized agent that does not submit sufficient proof that they have been authorized to act on behalf of another individual.

  • Right to Know or Access: Depending on your location and applicable laws, you may have the right to obtain confirmation about whether or not your personal information is being processed by us. If so, you may have the right to access the personal information we hold about you and/or request other related information, such as the purposes for which use that information, the categories of personal information we process about you, the recipients (or categories of recipients) to whom your personal information has been or will be disclosed, the retention period for such personal information, or, if not possible, the criteria used to determine that period, your legal rights with respect to your personal information, etc.
  • Right to Delete: Depending on your location and applicable laws, you may have the right to request the deletion or erasure of your personal information in certain circumstances.
  • Right to Correct: Depending on your location and applicable laws, you may have the right to correct or update your personal information if inaccurate.
  • Right to Opt-out of Sale, Sharing, and Targeted Advertising of your Personal Information: Depending on your location and applicable laws, you may have the right to opt-out of the sale of your personal information to third parties. To exercise this right, you may submit a request using the “Your Privacy Choices” option provided above in the “Notice at Collection” section. Note that we do not sell the personal information of individuals under 16 years old. Please also note that in some jurisdictions, this is an opt-in right to which we comply by obtaining express consent at our points of collection.
  • Right to Withdraw Consent: Depending on your location and applicable laws, you may have the right to withdraw consent to the continued use or disclosure of your personal information, subject to legal or contractual restrictions and reasonable notice.
  • Right to Nondiscrimination: Depending on your location and applicable laws, you may have the right to non-discrimination, such as to receive equal service and pricing from a business, even after exercising your rights.
  • Right to Data Portability: Depending on your location and applicable laws, you may have the right to receive the personal information that you have given us, in a structured, commonly used and machine-readable format. You may also have the right to send that personal information to another controller if the processing is based on consent pursuant or on a contract and is carried out by automated means.
  • Right to Opt-out of Profiling: Depending on your location and applicable laws, you may have the right not to be subject to a decision based solely on profiling, except under certain exceptions under local law.

 

CHANGES

We may update this Privacy Policy from time to time to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons. Any new change and/or amendments will be noted on this page. We will also update the Last Updated date above. If we make material changes to our Privacy Policy, we will notify you by prominently posting the changes on our Site or by using the contact information you have on file with us. By continuing to use our Site you are agreeing to be bound by any changes or revisions made to this Privacy Policy from time to time.

 

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by email or by mail using the details provided below:

 

Vice President of Operations

privacy@festoolfanshop.com

Phone Number: 1-888-337-8600

Mailing Address: 400 N. Enterprise Blvd, Lebanon, IN 46052