If you are a Parts Perks customer, you authorize CNH Industrial America LLC and its affiliates (“CNH”, “us” or “our”), to exchange information about your account(s) and you, so that you can receive the benefits of the Parts Perks program, and so that CNH can inform you of additional information, offers and opportunities.
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I. PARTS PERKS PROGRAM.
The CNH Industrial Parts Perks Program (“Program”) is a rewards program offered by CNH Industrial America LLC and its affiliates (“CNH”, “us” or “our”). These Member Agreement Terms & Conditions, as well as all additional policies, terms, and conditions referenced and incorporated throughout, all of which may be amended from time-to-time (collectively, the “Terms”), contain information about the relationship between you and CNH with respect to the Program and apply to you if you enrolled in the Program.
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II. GENERAL.
By enrolling in, or otherwise participating in, the Program, you acknowledge that you have read, understood and unconditionally accept to be bound by the Terms. CNH reserves the right to modify these Terms, without further notice or compensation to you, and you waive any right to receive specific individual notice of such modifications. Any updates to these Terms will be effective immediately, and your continued membership in the Program constitutes your acceptance to such modifications. These Terms constitute a legally binding agreement between CNH and each individual who enrolls or otherwise participates in the Program. Accordingly, you expressly represent and warrant that you are eligible for the Program (as described below) and will otherwise comply with these Terms.
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III. ELIGIBILITY.
The Program is only open in the United States (excluding Guam, Puerto Rico, U.S. Virgin Islands and territories) and Canada. You must be at least 18 years of age to be eligible. You must also have a MyCNHStore.com Account. Program membership is available only to natural persons, Farming Entities and Construction Entities. The following are ineligible: dealers, distributors, resellers, non-profit organizations, or governmental agencies and CNH may disqualify any such entity discovered to be in the Program. “Farming Entities” shall mean any sole proprietor, business or corporation engaged in the agricultural industry producing commodity crops. “Construction Entities” shall mean any sole proprietor, business or corporation engaged in the construction industry.
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IV. MEMBERSHIP.
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a. General.
i. Eligible customers who enroll in the Program (referred to herein as “Member(s)” or “Parts Perks Members”) will each be assigned a unique rewards identifier (“Parts Perks Identification Number”) which will be associated with such Member’s membership account (“Parts Perks Account”).
ii. Each Member may only have one Parts Perks Account, which may be associated with only one phone number and one email address. Should CNH determine, in its sole discretion, that a Member has created multiple Parts Perks Accounts, CNH may consolidate, deactivate, close, and/or terminate a Member’s Parts Perks Account(s) without notice.
iii. Your membership is nontransferable.
iv. No purchase is required to become a Member.
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b. Enrollment.
i. Enrollment Channels. Eligible customers may enroll in the Program through MyCNHStore.com.
ii. Enrollment Process. At the time of enrollment, you may be requested and/or required to provide certain information, including without limitation, your first and last name, a valid phone number, email address, a valid country code or residential mailing address. You will also be requested and/or required to create a password upon enrollment, and if you belong to a Farming Entity or Construction Entity, provide certain information, including without limitation, the business name, country, business address, and postal code. Failure to provide valid/accurate information may be determined to be a violation of these Terms and subject to termination, closure, and/or deactivation (as set forth below).
iii. Parts Perks Identification Number. Upon enrollment into the Program, you will be issued a Parts Perks Identification Number, which will be the Member’s phone number.
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V. PROGRAM FEATURES & BENEFITS.
a. Offers and Limited Time Promotions. Members will receive several special offers throughout a twelve (12)-month period. Offers may include, but are not limited to, percent-off and dollar-off coupons. The number and type of offers may vary, and the offers may be personalized based upon your shopping behavior, preferences and interactions with CNH. Offers will include additional details, exclusions and terms. CNH may, in its sole discretion, run special limited time promotions available only to Members.
b. Other Benefits. CNH may, in its sole discretion, provide additional Program features and benefits to Members, whether made available for a limited time or on a consistent basis. Members may receive special discounts upon purchase at a CNH dealership or on the CNHI Store.
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VI. PARTS PERKS ACCOUNT ACCESS & MEMBER COMMUNICATIONS.
You may access your Parts Perks Account and view your membership activity, as well as view the most current Program information and Terms. By enrolling or otherwise participating in the Program, you agree to receive transactional emails and promotional email offer updates from CNH, including, without limitation, emails relating to the Program and/or other CNH promotions, offers, and/or programs. Members may unsubscribe from promotional emails at any time via the unsubscribe link in those emails; provided, however, if you unsubscribe from CNH e-mails, you may no longer receive some Program benefits which are distributed by email. For information about your membership, contact your CNH Participating Dealer.
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VII. PROGRAM MODIFICATION AND TERMINATION.
The Program, its benefits, and the interpretation/application of its Terms are offered at the sole discretion of CNH. CNH reserves the right to modify the Program and any of the Terms, features or benefits at any time with or without notice to you. The Program has no predetermined termination date and may continue until such time as CNH elects, in its sole discretion, to terminate the Program. In addition, CNH reserves the right, in its sole discretion, to extend additional benefits or promotional offers to certain Members based on purchase activity or volumes and Program participation. CNH reserves the right to add, remove, modify or otherwise change promotional opportunities at any time, in its sole discretion, with or without notice to Members.
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VIII. PARTS PERKS ACCOUNT CLOSURE.
CNH may, in its sole discretion, terminate, close, and/or deactivate any Parts Perks Account(s) that it deems, in its sole discretion, is inactive. Inactive Parts Perks Accounts may include, without limitation, any Parts Perks Account(s) that have not been used to purchase parts, components or services at an authorized dealership within the preceding twelve (12) consecutive months. Members who independently desire to close their Parts Perks Account may do so by unchecking the checkbox located in the My Parts Perks section under Account Summary within your MyCNHStore.com Account (Login to your MyCNHStore.com Account Account Summary My Parts Perks Uncheck the Terms & Conditions checkbox).
In addition, CNH may terminate, close, and/or deactivate any Parts Perks Account without notice if, in CNH sole discretion, a Member becomes ineligible at any time and/or if any of these Terms are violated, including, without limitation, if the Parts Perks Account appears to be used for a commercial purpose such as re-sale, the information associated with a Parts Perks Account is invalid/inaccurate (e.g., false name, invalid/inaccurate phone number, email address), and/or if the Parts Perks Account is otherwise associated with abusive or fraudulent activity.
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IX. ADDITIONAL TERMS.
a. License. Subject to these Terms, CNH hereby grants you a non-exclusive, non-transferable license (without the right to sublicense) for so long as you participate in the Program and adhere to these Terms, to access, participate in and use the Program services. You agree that you obtain no rights other than the rights and licenses expressly granted herein.
b. Entire Agreement. You agree to comply with terms and conditions of this Membership Agreement, as well as the terms and conditions of the following (all of which are referred to as “Terms” in Section II of these Membership Agreement Terms & Conditions): (i) CNH Privacy Notice (referenced below); (ii) CNH Legal Notices available at Legal Notices on CNHiStore.com; and (iii) any and all other policies and rules as set forth in Program materials, either in print or on the Program web site. New Terms may be added and/or existing Terms may be amended from time-to-time. The Terms, as so amended, will be posted on the Program web site, and your continued participation in the Program thereafter will constitute acceptance of all such updated terms.
c. Privacy Notice. By enrolling or otherwise participating in the Program, you acknowledge, consent and agree to the collection, use and processing of all personal information collected, used and processed as a member of the Program by CNH and CNH’s affiliates as well as third parties to carry out the Program on CNH or it’s affiliate’s behalf and as otherwise set forth in our Privacy Notice.
d. Trademarks. “CNH Industrial”, as well as related product and service names, design marks and slogans, are registered trademarks of CNH or its affiliates.
e. ARBITRATION. PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. UNLESS YOU SEND US THE REJECTION NOTICE DESCRIBED IN THIS PROVISION, OR OTHERWISE FALL UNDER AN EXCEPTION AS DESCRIBED BELOW, THIS PROVISION WILL APPLY TO YOU. THIS SECTION PROVIDES THAT PARTS PERKS DISPUTES MAY BE RESOLVED BY EITHER YOU OR CNH THROUGH BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, HAVE A JURY TRIAL OR INITIATE OR PARTICIPATE IN A CLASS ACTION. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY. ARBITRATION PROCEDURES CAN BE SIMPLER AND MORE LIMITED THAN IN COURT. THIS ARBITRATION PROVISION IS GOVERNED BY THE FEDERAL ARBITRATION ACT (FAA), AND SHALL BE INTERPRETED IN THE BROADEST WAY THE LAW WILL ALLOW.
As used in this arbitration provision, a "Parts Perks Dispute" means any claim or controversy between us that in any way arises from or relates to a Member’s participation in the Program, including, without limitation, the receipt of any offer or other Program benefit(s). Parts Perks Disputes will be resolved by binding arbitration, rather than in court, except that a Member may assert claims in small claims court if the Member’s claims qualify. In addition, CNH and Members each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
The Federal Arbitration Act and federal arbitration law apply to this agreement to arbitrate Parts Perks Disputes. There is no judge or jury in arbitration and court review of an arbitration award is very limited. The scope of discovery is usually more limited in arbitration than in court. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to CNH Legal Department, located at: Legal Department, 700 State Street, Racine WI 53404 or we must send a written notice to you at the most current address we have on file for you. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Consumer Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. A Member may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
CNH and Member each agree that any Parts Perks Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. CNH and Member each hereby waive the right to participate in any class action, whether in court or arbitration. If for any reason a claim proceeds in court rather than in arbitration, CNH and Member each waive any right to a jury trial.
This arbitration provision shall survive changes to these Terms and termination of the Program, Parts Perks Account, and/or the relationship between you and us, including the bankruptcy of any party and any sale of your Parts Perks Account, or amounts owed on your Parts Perks Account, to another person or entity. If any part of this arbitration provision is deemed invalid or unenforceable, the other terms shall remain in force, except that there can be no arbitration of a class or representative claim. This arbitration provision may not be amended, severed or waived, except as provided in these Terms or in a written agreement between you and us.
Last modified - January 30, 2023
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1. INTRODUCTION
CNH Industrial America LLC, its subsidiaries and affiliates (“Company,” “we,” “our,” or “us”) respect your privacy and are committed to protecting it through our compliance with this privacy notice (the “Privacy Notice”). This Privacy Notice describes the types of Personal Data (as defined below) we may collect, use, maintain, protect, disclose, or otherwise process about you when you use, inquire about, or obtain our products and services and our practices for collecting, using, maintaining, and disclosing that Personal Data.
This policy applies to information we collect:
· when you visit one of our independent dealers to learn more about our products and services;
· when you visit our online store located at https://mycnhstore.com (the “Online Parts Store”);
· when you purchase equipment, parts, accessories or make any other transaction at one of our independent dealers or through our Online Parts Store;
· when you get your equipment serviced or seek other maintenance and support for your equipment;
· when you register for our Parts Perks loyalty program or register to be included on our mailing list; and
· in email, text, and other electronic messages between you and the Company.
(collectively, our “Products and Services”).
It does not apply to information collected by:
· us offline or through any other means, through any telematics installed on your equipment;
· us in relation to any financial relationship you or your employer/company may have with the Company, including through a Company loan or credit account;
· except for our Online Parts Store, any other website operated by the Company or any third party (including our affiliates and subsidiaries);
· us or any of our affiliates or subsidiaries related to your or any other individual’s employment or potential employment with us; or
· any third party (including our independent dealers, and their affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from on or through our Products and Services.
Please read this Privacy Notice carefully to understand our policies and practices regarding your information and how we will treat it. In some cases you may opt-out of our collection and use of Personal Data, but if you do not agree with our policies and practices, your choice is to opt-out when this option is provided to you or not to use our Products and Services. By accessing or using our Products and Services, you agree to this Privacy Notice and hereby consent to our collection and use of your Personal Data as described in this Privacy Notice. This Privacy Notice may change from time to time (see Changes to Our Privacy Notice). Your continued use of our Products and Services after we make changes is deemed to be acceptance of those changes, so please check this Privacy Notice periodically for updates. If you are a resident of California, please see the California Privacy Addendum.
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2. CHILDREN UNDER THE AGE OF 18
Our Products and Services are not intended for children under 18 years of age. No one under age 18 may provide any information related to their use of the Products and Services. We do not knowingly collect Personal Data from children under 18. If you are under 18, do not use or provide any information related to your use of our Products and Services, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Data from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information directly from a child under 18, please contact us through the contact information listed below.
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3. INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
Throughout this Privacy Notice, the term “Personal Data” means any information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or a particular device (including any equipment). However, Personal Data does not include any deidentified or aggregated information.
Generally
We collect Personal Data from various sources, including:
• directly from you when you provide it to us;
• automatically as you interact with our ecommerce website;
• information that we create about you when you provide us with your Parts Perks number when you make a purchase or otherwise use our Products and Services, including at an independent dealer or through our ecommerce website; and
• From third parties, for example, our independent dealers.
Information You Provide to Us
We collect the following types of Personal Data directly from you when you access or use our Products and Services: real name, alias, postal address, email address, telephone number, username and password, tokenized credit or debit card number or financial information, and any other identifier by which you may be contacted online or offline. In addition, we also collect other types of information that you may provide when you fill out a form or through your correspondence with us.
We collect Personal Data from you when you use our Products and Services through the following ways:
• information that you provide by filling in forms on our Online Parts Store. This includes information provided at the time of searching for our Products and Services on the Online Parts Store, registering to use or making a purchase on our Online Parts Store and at the time of registering to participate in our Parts Perks rewards program (which is optional). We may also ask you for information when you report a problem with our Products and Services;
• if you contact us, records and copies of your correspondence, either in writing, by person, by phone, or electronically, or other means (including email addresses);
• details of transactions you carry out through our Online Parts Store and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Online Parts Store; and
• your search queries on the Online Parts Store.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Online Parts Store, we may use automatic data collection technologies to collect certain Personal Data about your interaction with our Online Parts Store, including information about your equipment, browsing actions, and patterns. This includes:
• details of your visits to our Online Parts Store. This includes: browsing history, search history, traffic data, location data, logs, referring/exit pages, date and time of your visit to our Online Parts Store, error information, clickstream data, and other communication data and the resources that you access, use, or otherwise interact with on the Online Parts Store; and
• Information about your computer and internet connection, i.e., your IP address, operating system, and browser type.
The information we collect automatically may include Personal Data or we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties. It helps us to improve our Products and Services and to deliver a better and more personalized service by enabling us to:
• estimate our audience size and usage patterns;
• store information about your preferences;
• customize our Products and Services according to your individual interests;
• speed up your searches; and
• recognize you when you return to our Online Parts Store.
The technologies we use for this automatic data collection may include:
· Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. Our Online Parts Store may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Online Parts Store. Unless you have adjusted your browser setting so that it will refuse cookies, or used our cookie consent manager to restrict the types of cookies used by the Online Parts Store, our system will issue cookies when you direct your browser to our Online Parts Store. You may refuse all or some non-essential cookies through the use of our cookie consent manager, which you may access by clicking the “Cookies” link at the bottom of our Online Parts Store. You can also set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. However, if you do not consent to our use of cookies or select this setting you may be unable to access certain parts of our Online Parts Store. You can find more information about cookies at http://www.allaboutcookies.org and http://youronlinechoices.eu.
· Session Cookies. Our use of cookies also includes “session cookies.” Each time you access the Online Parts Store, a session cookie containing an encrypted, unique identifier is placed on your browser. These session cookies allow us to uniquely identify you when you use the Online Parts Store and track which pages of the Online Parts Store you access. Session cookies are essential cookies and required to use the Online Parts Store and may not be disabled through our cookie consent manager, but may be disabled if you set your browser to refuse cookies. By setting your browser in this way, you may not be able to use all features of our Online Parts Store, including to make purchases or to access your account.
· Web Beacons. Pages of our Online Parts Store and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements, on the Online Parts Store are served by third-parties, including advertisers, ad networks and servers, content providers, analytics providers, social media companies, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Online Parts Store. The information they collect may be associated with your Personal Data or they may collect information, including Personal Data, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.
Information We Create About You
We may also create certain information about you. When we associate this information with other Personal Data about you, we consider this information to be Personal Data. This information includes: records of personal property, products, or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies on our Online Parts Store, and your Parts Perks number.
Information We Collect from Third Parties
We may collect Personal Data from third parties, such as our independent dealers. When we associate this information with other Personal Data about you, we consider this information to be Personal Data. This information includes: real name, billing address, shipping address, email address, telephone number, Parts Perks number (if you choose to provide it to the dealer), records of personal property, products, or services purchased, obtained, or considered, or other purchasing or consuming histories, and information your equipment, such as its serial number, brand and model, and service or repair history.
Personal Data Provided by Dealers and other Third Parties
Although we may collect Personal Data about you in connection with your visit to an authorized Company dealer or from another third party, this Privacy Notice does not apply to how these dealers or other third parties collect, use, or otherwise process your Personal Data. Please be aware that we are not responsible for the privacy practices of such dealers or other third parties. The privacy practices of these dealers and other third parties, including details on the information they may collect about you, are subject to their respective privacy policies. You should access these third parties directly if you have a question about their use of your Personal Data.
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4. HOW WE USE YOUR INFORMATION
We use information that we collect about you or that you provide to us, including any Personal Data:
• to provide and personalize our Online Parts Store and its contents to you;
• to provide you with information, Products and Services that you request from us;
• if you participate in the Parts Perks program, to provide you with the Parts Perks program benefits and maintain your Parts Perks account;
• to support, develop, troubleshoot, and debug our Online Parts Store and other Products and Services;
• to create, maintain, customize, and secure your Online Parts Store and Parts Perks accounts with us;
• to provide you with notices about your Online Parts Store and Parts Perks accounts, including expiration and renewal notices;
• to personalize your Online Parts Store experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Online Parts Store, third-party sites, and via email or text message (with your consent, where required by law);
• to help maintain the safety, security, and integrity of our Online Parts Store, Products and Services, databases and other technology assets, and business;
• for internal testing, research, analysis, and product development, including to develop, improve, or demonstrate our Online Parts Store and/or our other Products and Services;
• to notify you about changes to our Online Parts Store, Products and Services, and the Parts Perks program and any other products and services we may offer through them;
• to market our products, and services to you and provide you with promotions, including special deals and discounts;
• debugging to identify and repair errors that impair existing intended functionality in any of our Online Parts Store or any other Products and Services;
• to process your requests, purchases, transactions, and payments, to administer your warranty coverage as applicable, and prevent transactional fraud;
• to provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses, and to contact you, directly or indirectly, about any survey responses as part of our customer service experience program;
• detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
• to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
• to respond to your inquiries and request for information;
• in any other way we may describe when you provide the information;
• to fulfill any other purpose for which you provide it; and
• for any other purpose with your consent.
We may use Personal Data that has been aggregated or deidentified such that it no longer reasonably identifies you without restriction. We may also use your Personal Information to contact you about our Online Parts Store and our other (and our dealers) Products and Services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your Online Parts Store or Parts Perks account profile by checking or unchecking the relevant boxes (if applicable) or by sending us an email stating your request at the contact information below. For more information, see Choices About How We Use and Disclose Your Personal Data.
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5. DISCLOSURE OF YOUR PERSONAL DATA
We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Notice. However, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose Personal Data that we collect or that you provide as described in this Privacy Notice:
• to our affiliated entities within the Company family of companies;
• to our independent dealers, when necessary to provide you the Products and Services provided by them;
• to contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Data confidential and use it only for the purposes for which we disclose it to them, such as IT and infrastructure support services, shipping and receiving services, payment processing services, analytics companies, marketing organizations, organizations that help us manage our Parts Perks program, and similar organizations;
• to a potential or actual buyer or other successor in the event of a planned or actual merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Company about users of our Online Parts Store and/or our Products and Services is among the assets transferred;
• to fulfill any other purpose for which you provide it;
• for any other purpose disclosed by us when you provide the information; and
• with your consent.
We may also disclose your Personal Data:
• to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
• to enforce or apply our ecommerce terms of use or terms of sale, the Parts Perks program terms and conditions, our Products and Services terms and conditions, and other agreements, including for billing and collection purposes; and
• if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our Dealers, our or our Dealers’ customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
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6. CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
We do not control the collection and use of your Personal Information or other information collected by third parties described above in Disclosure of Your Information. These organizations are under contractual obligations to use this data only for providing the services to us and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.
In addition, we strive to provide you with choices regarding the Personal Data you provide to us. We have created mechanisms to provide you with control over your Personal Data:
• Tracking Technologies and Advertising. You may refuse all or some non-essential cookies through the use of our cookie consent manager, which you may access by clicking the “Cookies” link at the bottom of our Online Parts Store. You can also set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Online Parts Store may then be inaccessible or not function properly.
• Promotional Offers from the Company through Voice and Text. We will only use your telephone number to contact you about our Products and Services with your consent. If you do not want us to use your phone number to promote our Products and Services, you may do so at any time by replying STOP to any promotional text message you receive from us or email privacy-compliance@cnhind.com. This opt-out does not apply to information provided to Company as a result of a Product or Service purchase, warranty registration, Product and Services experience, or other transactions. The Company does not charge for receiving text message alerts, but message and data rates may apply. Supported carriers include AT&T, Verizon, MetroPCS, Sprint, Boost, T-Mobile, Alltel, Virgin Mobile, and U.S. Cellular. Neither Company nor such carriers are not liable for delayed or undelivered messages.
• Promotional Offers from the Company through email. If you do not want us to use your email address or physical address to promote our Products and Services, you can opt-out at any time by clicking the unsubscribe link in the body of that email or other marketing communications you receive from us or emailing privacy-compliance@cnhind.com to be omitted from future email distributions. This opt-out does not apply to information collected by the Company or our communications with you as a result of a Product or Service purchase, warranty registration, Product and Services experience, or other transactions.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can learn more about interest-based advertisements and your opt-out rights and options from members of the Network Advertising Initiative (“NAI”) on its website (www.networkadvertising.org) and from members of the Digital Advertising Alliance on its website (www.aboutads.info).
The state in which you are a resident or are located may provide you with additional rights and choices regarding your Personal Data. Please see Jurisdiction-Specific Privacy Rights for more Information.
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7. ACCESSING, CORRECTING, AND DELETING YOUR PERSONAL DATA
If you use our Online Parts Store, you can review and change some of your Personal Data (such as your address or phone number) by logging into the Online Parts Store and visiting your account profile page. Doing so will also change your Personal Data if you are a participant in our Parts Perks program.
You may also send us an email at privacy-compliance@cnhind.com to request access to, correct or delete any Personal Data that we process. We cannot delete your Personal Data except by also deleting your Online Parts Store account and Parts Perks membership (if applicable). We may not accommodate a request to change or delete your Personal Data if we believe the change or deletion would violate any law or legal requirement or cause the information to be incorrect.
The state in which you are a resident or are located may provide you with additional rights and choices regarding your Personal Data. Please see Jurisdiction-Specific Privacy Rights for more Information.
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8. JURISDICTION-SPECIFIC PRIVACY RIGHTS
The law in some states may provide you with additional rights regarding our use of your Personal Data. To learn more about any additional rights that may be applicable to you as a resident of one of these states, please see the privacy addendum for your state that is attached to this Privacy Notice.
Your California Privacy Rights
If you are a resident of California, you have the additional rights described in the California Privacy Addendum.
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9.DO NOT TRACK SIGNALS
When you use our Online Parts Store, we also may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.
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10. DATA SECURITY
We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. All payment transactions on or through the Online Parts Store are processed by a third-party payment processor, who is responsible for the security of your cardholder information. Company only receives tokenized payment information that may be used only between us and our payment processor for the purposes of future payments.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access our Online Parts Store, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Online Parts Store or to our other Products and Services. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures deployed on the Online Parts Store or other Products and Services.
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11. CONSENT TO PROCESSING OF PERSONAL DATA IN THE UNITED STATES
In order to provide our Online Parts Store, Parts Perks program, and other Products and Services to you, we may send and store your Personal Data outside of the country where you reside or are located, including to countries that may not or do not provide an equivalent level of protection for your Personal Data. Your Personal Data may be processed and stored in the United States and federal, state, and local governments, courts, or law enforcement or regulatory agencies in the United States may be able to obtain disclosure of your information through the laws of the United States. By using our Products and Services, you represent that you have read and understood the above and hereby consent to the storage and processing of Personal Data outside the country where you reside or are located, including in the United States.
Your Personal Data is transferred by Company to another country only if it is required or permitted under applicable data protection law and provided that there are appropriate safeguards in place to protect your Personal Data. To ensure your Personal Data is treated in accordance with this Privacy Notice when we transfer it to a third party, Company uses Data Protection Agreements between Company and all other recipients of your Personal Data.
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12. CHANGES TO OUR PRIVACY NOTICE
We may change this Privacy Notice at any time. If we make material changes to how we treat our users’ Personal Data, we will notify you by email to the email address specified in your account and/or through a notice on the Online Parts Store’s home page. The date this Privacy Notice was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Online Parts Store and this Privacy Notice to check for any changes.
YOUR CONTINUED USE OF OUR PRODUCTS AND SERVICES FOLLOWING THE POSTING OF CHANGES CONSTITUTES YOUR ACCEPTANCE TO SUCH CHANGES.
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13. CONTACT INFORMATION
If you have any questions, concerns, complaints, or suggestions regarding our Privacy Notice or the ways in which we collect and use your Personal Data described in this Privacy Notice, have any requests related to your Personal Data pursuant to applicable laws, or otherwise need to contact us with regard to how we process your Personal Data, you may contact us at the contact information below or through the “Contact” page on our Online Parts Store.
CNH Industrial America LLC
700 State Street
Racine WI, 53404
Email: privacy-compliance@cnhind.com
Effective Date: January 30, 2023
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1. INTRODUCTION
This Privacy Notice Addendum for California Residents (the “California Privacy Addendum”) supplements the information contained in CNH Industrial America LLC’s, its subsidiaries and affiliates ("Company,” “we,” “our,” or “us”) Privacy Notice to which it is attached and describes our collection and use of Personal Information (as defined below). This California Privacy Addendum applies solely to all visitors, users, and others who reside in the State of California (“Consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (collectively, the “CPRA”) and any terms defined in the CPRA have the same meaning when used in this notice.
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2. SCOPE OF THIS CALIFORNIA PRIVACY ADDENDUM
This California Privacy Addendum applies to information that we collect when you use our Online Parts Store (as defined in the Privacy Notice) or use, inquire about, or otherwise obtain our other Products and Services, including certain Products and Services (as defined in the Privacy Notice) that may be made available to you through one of our authorized dealers that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your device (“Personal Information”). However, publicly available information that we collect from government records and deidentified or aggregated information (when deidentified or aggregated as described in the CPRA) are not considered Personal Information and this California Privacy Addendum does not apply to such information.
This California Privacy Addendum does not apply to:
• employment-related Personal Information collected from our California-based employees, job applicants, contractors, or similar individuals (“Personnel”). Please contact your local human resources department if you are part of our California Personnel and would like additional information about how we process your Personal Information;
• Personal Information reflecting a written or verbal business-to-business communication when you (or your employer) are a vendor to the Company or have another relationship with the Company other than as a result of your use of, inquiry about, or obtaining our Products and Services (“B2B Personal Information”);
• Personal Information related to any financing that you may obtain through CNH Industrial Capital;
• Personal Information collected through telematics installed on your equipment.
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3. INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
The Company collects, and over the prior twelve (12) months have collected, the following categories of Personal Information about Consumers:
A. Identifiers: A real name; alias; postal address; unique personal identifier; online identifier; Internet Protocol address; email address; account name; driver’s license number; and other similar identifiers.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): A name; signature; address; telephone number. If you make a purchase through the Online Parts Store: credit or debit card number (Company only receives a tokenized version of your credit or debit card information from our payment processor), or any other financial information that you use to pay for the Products and Services. Some Personal Information included in this category may overlap with other categories.
C. Commercial information: Records of personal property, products, or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
D. Internet or other similar network activity: Browsing history; search history; information on a Consumer’s interaction with a website, application, or advertisement.
E. Geolocation data: IP based physical location or movements that may identify your general geographic location to town, city, and state. We do not collect any information that may identify your precise geolocation within a radius of less than 1,850 feet.
F. Sensory data: Electronic information obtained by a dealer from your equipment when as part of service and maintenance, including fault codes and similar information.
G. Sensitive Personal Information (“Sensitive Personal Information”):
• If you use it, complete account access credentials to the Online Parts Store (user names, financial account numbers, or credit/debit card numbers combined with required access/security code or password)
Company will not collect additional categories of Personal Information without providing you notice. As further described in To Whom Do We Sell or Share Your Personal Information, our use of cookies may be considered a “sale” of Personal Information for monetary or other valuable consideration or a “sharing” of Personal Information for cross-context behavioral advertising.
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4. SOURCES OF PERSONAL INFORMATION
We collect Personal Information about you from the sources described in our Privacy Notice.
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5. PURPOSES FOR OUR COLLECTION OF YOUR PERSONAL INFORMATION
We are collecting your personal information for the purposes described in the “How We Use Your Information” section of our Privacy Notice. We may also use, “sell” for monetary or other valuable consideration, “share” for the purposes of cross-context behavioral advertising, or disclose the Personal Information we collect and, over the prior twelve (12) months, have used, “sold” for monetary or other valuable consideration, shared for the purpose of cross-context behavioral advertising, or disclosed the Personal Information we have collected, for the purposes described in our Privacy Notice, as well as the following additional purposes:
· Short-term, transient use, provided the Personal Information that is not disclosed to another third-party and is not used to build a profile about you or otherwise alter your experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction; and
· Performing services on behalf of the Company or another service provider, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider.
Company will not use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
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6. THIRD PARTIES TO WHOM DO WE DISCLOSE YOUR PERSONAL INFORMATION FOR BUSINESS PURPOSES
Company may disclose your Personal Information to third parties for one or more business purposes. When we disclose Personal Information to non-affiliated third-parties for a business purpose, we enter a contract that describes the purpose, requires the recipient to both keep that Personal Information confidential and not use it for any purpose except for the specific business purposes for which the Personal Information was disclosed, and requires the recipient to otherwise comply with the requirements of the CPRA.
In the preceding twelve (12) months, Company has disclosed the following categories of Personal Information for one or more of the business purposes described below to the following categories of third parties:
A. Identifiers: Service Providers; advertisers and advertising networks; dealers; affiliates, parents, and subsidiary organizations of Company; government entities (for registration).
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): Service Providers; advertisers and advertising networks; dealers; affiliates, parents, and subsidiary organizations of Company; government entities (for registration).
C. Commercial information: Service Providers; advertisers and advertising networks; dealers; affiliates, parents, and subsidiary organizations of Company; government entities (for registration).
D. Internet or other similar network activity: Service Providers; affiliates, parents, and subsidiary organizations of Company; social media companies; Internet cookie information recipients, such as analytics and behavioral advertising services.
E. Geolocation data: Service Providers; affiliates, parents, and subsidiary organizations of Company.
F. Sensory data: Service Providers; affiliates, parents, and subsidiary organizations of Company.
G. Sensitive Personal Information:
• Government identifiers (social security, driver’s license, state identification card, or passport number): Service Providers; government entities (for registration).
• Complete account access credentials (user names, account numbers, or card numbers combined with required access/security code or password): Service Providers.
We disclose your Personal Information to the categories of third parties listed above for the following business purposes:
• Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
• Helping to ensure security and integrity of our Products and Services and IT infrastructure] to the extent the use of the Personal Information is reasonably necessary and proportionate for these purposes.
• Debugging to identify and repair errors that impair existing intended functionality in our Products and Services.
• Short–term, transient use, including, but not limited to, nonpersonalized advertising shown as part of your current interaction with us. Our agreements with third parties prohibit your Personal Information from disclosure to another third-party and from using your Personal Information to build a profile about the you or otherwise alter your experience outside your current interaction with us.
• Performing services on behalf of us, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing analytic services, providing storage, or providing similar services on behalf of us.
• Providing advertising and marketing services, except for cross-context behavioral advertising, to Consumers.
• Undertaking internal research for technological development and demonstration.
• Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.
In addition to the above, we may disclose any or all categories of Personal Information to any third-party (including government entities and/or law enforcement entities) as necessary to:
• comply with federal, state, or local laws, or to comply with a court order or subpoena to provide information;
• comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities;
• cooperate with law enforcement agencies concerning conduct or activities that we (or one of our service providers’) believe may violate federal, state, or local law;
• comply with certain government agency requests for emergency access to your Personal Information if you are at risk or danger of death or serious physical injury; or
• exercise or defend legal claims.
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7. TO WHOM DO WE SELL OR SHARE YOUR PERSONAL INFORMATION
“Sale” of Your Personal Information for Monetary or Other Valuable Consideration
As noted in our Privacy Notice, we do not sell Personal Information as the term “sell” is commonly understood to require an exchange for money. However, the use of advertising and analytics cookies on our Online Parts Store is considered a “sale” of Personal Information as the term “sale” is broadly defined in the CPRA to include both monetary and other valuable consideration. Using this broad definition, our “sale” is limited to our use of third-party advertising and analytics cookies and their use in providing behavioral advertising and their use in understanding how people use and interact with our Online Parts Store. Our “sales” of your Personal Information in this matter is subject to your right to opt-out of those sales (see Your Choices Regarding our “Sale” or “Sharing” of your Personal Information). The CPRA prohibits third parties who purchase the Personal Information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.
“Sharing” of Your Personal Information for Cross-Context Behavioral Advertising
Company may “share” your Personal Information for the purpose of cross-context behavioral advertising, subject to your right to opt-out of that sharing (see Your Choices Regarding our “Sale” or “Sharing” of your Personal Information). Our “sharing” for the purpose of cross-context behavioral advertising is limited to our use of third-party advertising cookies and their use in providing you cross-context behavioral advertising (i.e., advertising on other websites or in other mediums). When the recipients of your Personal Information disclosed for the purpose of cross-context behavioral advertising are also permitted to use your Personal Information to provide advertising to others, we also consider this disclosure as a “sale” for monetary or other valuable consideration under the CPRA.
In the preceding twelve (12) months, Company has “sold” for monetary or other valuable consideration, or “shared” for the purpose of cross-context behavioral advertising, the following categories of Personal Information to the following categories of third parties:
A. Identifiers: We sell and share this category of Personal Information for advertising and analytics purposes to the following categories of third parties: Service Providers; advertisers and advertising networks; social media companies; Internet cookie information recipients, such as analytics and behavioral advertising services.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): We do not sell or share this category of Personal Information.
C. Commercial information: We sell and share this category of Personal Information for advertising and analytics purposes to the following categories of third parties: Service Providers; advertisers and advertising networks; social media companies; Internet cookie information recipients, such as analytics and behavioral advertising services.
D. Internet or other similar network activity: We sell and share this category of Personal Information for advertising and analytics purposes to the following categories of third parties: Service Providers; advertisers and advertising networks; social media companies; Internet cookie information recipients, such as analytics and behavioral advertising services.
E. Geolocation data: We do not sell or share this category of Personal Information.
F. Sensory data: We do not sell or share this category of Personal Information.
G. Sensitive Personal Information:
• Government identifiers (social security, driver’s license, state identification card, or passport number): We do not sell or share this category of Personal Information.
• Complete account access credentials (user names, account numbers, or card numbers combined with required access/security code or password): We do not sell or share this category of Personal Information.
Sale of Personal Information of Minors Under the Age of 16
We do not have any actual knowledge that we “sell” the Personal Information of minors under the age of 16 for monetary or other valuable consideration and we do not have any actual knowledge that we “share” such Personal Information for cross-context behavioral advertising without affirmative consent as required by the CPRA. More information on how minors under the age of 16 may change their choice regarding the “sale” or “sharing” of their Personal Information can be found in Your Choices Regarding our “Sale” or “Sharing” of Your Personal Information.
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8. CONSUMER DATA REQUESTS
The CPRA provides California residents with specific rights regarding their Personal Information. This section describes your CPRA rights and explains how to exercise those rights. You may exercise these rights yourself or through your Authorized Agent. For more information on how you or your Authorized Agent can exercise your rights, please see Exercising Your CPRA Privacy Rights.
• Right to Know. You have the right to request that Company disclose certain information to you about our collection and use of your Personal Information over the past 12 months (a “Right to Know” Consumer Request). This includes: (a) the categories of Personal Information we have collected about you; (b) the categories of sources from which that Personal Information came from; (c) our purposes for collecting this Personal Information; (d) the categories of third parties with whom we have shared your Personal Information; and (e) if we have “sold” or “shared” or disclosed your Personal Information, a list of categories of third parties to whom we “sold” or “shared” your Personal Information, and a separate list of the categories of third parties to whom we disclosed your Personal Information to. You must specifically describe if you are making a Right to Know request or a Data Portability Request. If you would like to make both a Right to Know Consumer Request and a Data Portability Consumer Request you must make both requests clear in your request. If it is not reasonably clear from your request, we will only process your request as a Right to Know request. You may make a Right to Know or a Data Portability Consumer Request a total of two (2) times within a 12-month period at no charge.
• Access to Specific Pieces of Information (Data Portability). You also have the right to request that Company provide you with a copy of the specific pieces of Personal Information that we have collected about you, including any Personal Information that we have created or otherwise received from a third-party about you (a “Data Portability” Consumer Request). If you make a Data Portability Consumer Request electronically, we will provide you with a copy of your Personal Information in a portable and, to the extent technically feasible, readily reusable format that allows you to transmit the Personal Information to another third-party. You must specifically describe if you are making a Right to Know request or a Data Portability request. If you would like to make both a Right to Know Consumer Request and a Data Portability Consumer Request you must make both requests clear in your request. If it is not reasonably clear from your request, we will only process your request as a Right to Know request. In response to a Data Portability Consumer Request, we will not disclose your driver’s license number or other government-issued identification number, financial account number, or your account password or security question or answers. We will also not provide this information if the disclosure would create a substantial, articulable, and unreasonable risk to your Personal Information, your account with Company, or the security of our systems or networks. We will also not disclose any Personal Information that may be subject to another exception under the CPRA. If we are unable to disclose certain pieces of your Personal Information, we will describe generally the types of personal information that we were unable to disclose and provide you a description of the reason we are unable to disclose it. You may make a Right to Know or a Data Portability Consumer Request a total of two (2) times within a 12-month period at no charge.
• Correction. You have the right to request that we correct any incorrect Personal Information about you to ensure that it is complete, accurate, and as current as possible. You may review and correct some Personal Information about yourself by logging into the Online Parts Store and visiting your “My Account” page. You may also request that we correct the Personal Information we have about you as described below under Exercising Your CPRA Privacy Rights. In some cases, we may require you to provide reasonable documentation to show that the Personal Information we have about you is incorrect and what the correct Personal Information may be. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect or if the Personal Information is subject to another exception under the CPRA.
• Deletion. You have the right to request that Company delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your Consumer Request (see Exercising Your CPRA Privacy Rights), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies pursuant to the CPRA. Some exceptions to your right to delete include, but are not limited to, if we are required to retain your Personal Information to complete the transaction or provide you the goods and services for which we collected the Personal Information or otherwise perform under our contract with you, to detect security incidents or protect against other malicious activities, and to comply with legal obligations. We may also retain your Personal Information for other internal and lawful uses that are compatible with the context in which we collected it.
• Non-Discrimination. We will not discriminate against you for exercising any of your CPRA rights. Unless permitted by the CPRA, we will not do any of the following as a result of you exercising your CPRA rights: (a) deny you goods or services; (b) charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; (c) provide you a different level or quality of goods or services; or (d) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. We may, however, offer you certain financial incentives as described below.
Exercising Your CPRA Privacy Rights
To exercise the rights described above, please submit a request (a “Consumer Request”) to us by either:
• Filling the online form available here;
• Writing an email to privacy-compliance@cnhind.com; or
• Calling us at the following toll-free numbers: 877-422-7344 (preferred contact for Case IH Consumers); 866-639-4563 (preferred contact for New Holland Consumers); 866-542-2736 (preferred contact for Case CE Consumers).
If you fail to make your Consumer Request in accordance with the ways described above, we may either treat your request as if it had been submitted with our methods described above or provide you with information on how to submit the request or remedy any deficiencies with your request.
Only you, or your Authorized Agent that you authorize to act on your behalf, may make a Consumer Request related to your Personal Information. To designate an Authorized Agent, see Authorized Agents below.
All Consumer Requests must:
· Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an Authorized Agent of such a person as described below.
· Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
Verifying Your Identity
Before completing your request to exercise your rights, we will verify that the request came from you by comparing the identifying information provided by you in your request with any Personal Information we maintain about you at that time. For all requests, we will need the Consumer’s (i) name; (ii) email address, and (iii) telephone number.
To protect the privacy and security of your Personal Information, we may also request additional information from you to help us verify your identity and process your request. This information may include all or a portion of your driver’s license or other government-issued identification number. We may also contact you to ask you for further information in relation to your request to speed up our response. You may also be asked to complete and provide a signed declaration under penalty of perjury that you are the Consumer who is the subject of the request or their Authorized Agent in certain circumstances. We will only use Personal Information provided in a Consumer Request to verify the requestor’s identity or authority to make the request.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm which Personal Information relates to you or the individual for whom you are making the request as their Authorized Agent. Making a Consumer Request does not require you to create an account with us. We will only use Personal Information provided in a Consumer Request to verify the requestor’s identity or authority to make the request.
Authorized Agents
You may authorize your agent to exercise your rights under the CPRA on your behalf by registering your agent with the California Secretary of State or by providing them with power of attorney to exercise your rights in accordance with applicable laws (an “Authorized Agent”). We may request that your Authorized Agent submit proof of identity and that they have been authorized exercise your rights on your behalf. We may deny a request from your Authorized Agent to exercise your rights on your behalf if they fail to submit adequate proof of identity or adequate proof that they have the authority to exercise your rights.
Response Timing and Format
We will confirm our receipt of your Consumer Request within ten (10) business days of its receipt. We will generally process these requests within forty-five (45) calendar days of its receipt. If we require more time (up to an additional 45 calendar days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
In response to a Right to Know or Data Portability Consumer Request, we will provide you with all relevant information we have collected or maintained about you on or after January 1, 2022, unless an exception applies. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For Data Portability Consumer Request, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your Consumer Request unless it is excessive, repetitive, or manifestly unfounded. We reserve the right to consider more than two (2) total Right to Know or Data Portability Consumer Requests (or combination of the two) in a twelve (12) month period to be repetitive and/or excessive and require a fee. If we determine that your Consumer Request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
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9. YOUR CHOICES REGARDING OUR “SALE” OR “SHARING” OF YOUR PERSONAL INFORMATION
“Sale” of Your Personal Information
If you are 16 years of age or older, you have the right to direct us to not sell your Personal Information for monetary or other valuable consideration at any time (the “right to opt-out”). We do not sell the Personal Information of Consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to Personal Information sales may opt-out of future sales at any time.
“Sharing” of Your Personal Information
If you are 16 years of age or older, you have the right to direct us to not share your Personal Information for the purposes of cross-context behavioral advertising, which is showing advertising on other websites or other media based on your browsing history with our Online Parts Store (the “right to opt-out”). We do not share the Personal Information of Consumers we actually know are less than 16 years of age for this purpose, unless we receive affirmative authorization from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to our sharing of Personal Information for these purposes may opt-out of future such sharing at any time.
How You May Opt-Out of Our Sale or Sharing of Your Personal Information
To exercise the right to opt-out of the “sale” of your Personal Information for monetary or other valuable consideration and of “sharing” your Personal Information for the purposes of cross-context behavioral advertising, you (or your authorized representative) may adjust your cookie preferences by visiting the “Do Not Sell My Personal Information” or “Cookies” links on Company websites, or by configuring your browser to send us a privacy signal as described in more detail below.
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize Personal Information sales. However, you may change your mind and opt back into the sale of Personal Information at any time by adjusting the settings through the same links.
You do not need to create an account with us to exercise your opt-out rights. We will only use Personal Information provided in an opt-out request to review and comply with the request.
If you (or your Authorized Agent) submit a request to opt-in to our “sale” or “sharing” of your Personal Information, we will use a two-step process in order to confirm that you want to opt-in for such “sale” or “sharing” of your Personal Information. This process may require confirmation of your choices.
Browser Privacy Control Signals
You may also exercise your right to opt-out of the “sale” of your Personal Information for monetary or other valuable consideration and “sharing” your Personal Information for the purposes of cross-context behavioral advertising by setting the privacy control signal on your browser, if your browser supports it. We currently recognize and support the following privacy signals sent by browsers:
When we receive one of these privacy control signals, we will opt you out of any further “sale” or “sharing” of your Personal Information when you interact with our Online Parts Store through that browser and on that device. We will only be able to propagate your choice to opt-out to your account if you are currently logged in when we receive the privacy control signal from your browser. When we are able to propagate your choice to your account, you will be opted out of “sale” or “sharing” of your Personal Information on all browsers and devices on which you are logged in, and for both online and offline “sales” and “sharing.”
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10. YOUR CHOICES REGARDING OUR USE AND DISCLOSURE OF YOUR SENSITIVE PERSONAL INFORMATION
As further described below, we do not use or disclose your Sensitive Personal Information for any purpose other than the following:
• to perform the services or provide the goods reasonably expected by an average Consumer who requests such goods or services;
• to detect security incidents that compromise the availability, authenticity, integrity, and confidentiality of stored or transmitted Personal Information, provided that our use of your Personal Information is reasonably necessary and proportionate for such purposes;
• to resist malicious, deceptive, fraudulent, or illegal actions directed at Company and to prosecute those responsible for those actions, provided that our use of your Personal Information is reasonably necessary and proportionate for this purpose;
• to ensure the safety of natural persons, provided that our use of your Personal Information is reasonably necessary and proportionate for this purpose;
• for short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of your current interaction with us, provided that the Personal Information is not disclosed to another third-party and is not used to build a profile about you or otherwise alter your experience outside the current interaction with us;
• to perform services on behalf of us, such as maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of us; and
• to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured by, manufactured for, or controlled by us.
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11. FINANCIAL INCENTIVES
We may offer you certain financial incentives permitted by the CPRA that can result in different prices, rates, or quality levels. Any CPRA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. We currently provide the following financial incentives:
In determining the value of your Personal Information we collect as part of your participation in our financial incentives, we consider:
• the revenue generated by Company from the sale, collection, or deletion of your Personal Information related to the Parts Perks program, which we have calculated to be an average of $500/year.
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12. PERSONAL INFORMATION RETENTION PERIODS
We retain all categories of your Personal Information for as long as necessary to pursue the purposes described in the Privacy Notice or, if you have an account with us, for as long as you have such an account. However, we may also retain any or all categories of Personal Information when your information is subject to one of the following exceptions:
• When stored in our backup and disaster recovery systems. Your Personal Information will be deleted when the backup media your Personal Information is stored on expires or when our disaster recovery systems are updated.
• When necessary for us to exercise or defend legal claims.
• When necessary to comply with a legal obligation.
• When necessary to help ensure the security and integrity of our Website and IT systems.
Your Personal Information will be deleted when we no longer require your Personal Information for any of the above purposes.
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13. CHANGES TO THIS CPRA PRIVACY ADDENDUM
Company reserves the right to amend this California Privacy Addendum at our discretion and at any time. If we make material changes to how we treat our users’ Personal Information, we will notify you by email to the email address specified in your account. The date this California Privacy Addendum was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you.
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14. CONTACT INFORMATION
If you have any questions about this Notice or need to access it in an alternative format due to having a disability, please contact us through the following contact information:
CNH Industrial America LLC
700 State Street
Racine WI, 53404
Email: privacy-compliance@cnhind.com
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