Privacy Policy

Introduction

Marmon Holdings, Inc. and its subsidiaries (collectively “Marmon,” “we,” “us,” “our”) respects your privacy and takes the responsibility of protecting the Personal Information that you provide to us via our website (the “Site”). This Privacy Policy is intended to comply with the European Union General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), and it outlines our practices regarding the collection, use, disclosure, and protection of information received from users of the Site, including users in the European Economic Area (“EEA”) (collectively, “you” or “user”) and the state of California. For the purposes of compliance with the GDPR, we are the “controller” of Personal Data (i.e., Personal Information) we receive from you.

Within this Privacy Policy, users may be referred to as Data Subjects. A Data Subject means an identified or identifiable natural person in the EEA as set forth in the GDPR.

We have undertaken the steps required to comply with the GDPR, where applicable, regarding the collection, use, and retention of Personal Information transferred from the EEA to the United States.

Scope

This Privacy Policy applies to the Site, which includes www.marmonretailsolutions.com, www.marmon.com, its subdomains, and all of the websites and internet properties owned or operated by us, regardless of the medium in which the Site is accessed by a user (e.g., via a web or mobile browser).

Disclosures Regarding Your Personal Information

We collect different types of information from users, and we use and/or disclose this information for different business purposes. The chart below identifies the personal information we may collect and lists the parties with whom we may share this information and for what business purpose:

Categories of Personal Information	Purpose of collecting the Personal Information	Specific Personal Information that may be collected	Categories of sources from which the personal information is collected	Is this category of Personal Information shared with third parties?	Categories of third parties with which the Personal Information may be shared	Purpose of disclosing or sharing Personal Information
Identifiers	To uniquely identify an individual in support of business activities	Name, mailing address, email address, and telephone number; IP address; account information	From you	Yes	Service Providers	Business processes
Commercial Information	To support business transactions	Business contact information, transaction/order history	Your transactions with us	Yes	Service Providers	Business processes
Network Activity	To allow access to and optimize our websites	Browser type and version, URL, search queries, preferences information	From you and third-party tracking technologies on the Site	No (but we may share aggregated statistical or demographic data with our service providers)	Service Providers	Improve website functionality, services
Geolocation Data	Personalization	Unique identifiers and your location and ZIP code	From you and your devices	Yes	Service Providers	To help us deliver your products or services
Inferences	Personalization	Your product or service preferences based on responses to our own or our third party’s marketing or promotions	From you and external data sources	In limited circumstances	Marketing partners	Marketing

How We Collect Personal Information

We may collect personal information about you in several ways, including:

From you. We may collect personal information from you when you create an account or purchase online, contact us with questions, provide feedback regarding our products, or answer questions about your product interests. You may also provide us with personal information when responding to a third party’s or our own emails, newsletters, surveys, or other marketing or promotions.

From others. We may collect personal information about you from social media providers, data aggregators, and public databases.

From automated tracking technologies. We and our third-party partners, such as advertising partners, marketing partners, and service providers, use certain technologies, such as cookies, beacons, tags, and scripts. These technologies are used in analyzing trends, administering our website, tracking users’ movements around our website and to gather demographic information about our user base. We may receive reports based on the use of these technologies by these companies on an individual, as well as aggregated basis.

Tracking Technologies

You may be able to disable cookies by changing a setting in your web browser. Please note, however, that without cookies you may not be able to take full advantage of all the Services’ features.

Advertising

Some state laws require that we disclose whether or not we recognize and honor users’ browsers’ signals to not be tracked. If you want not to have this information used for the purpose of serving you targeted ads, you may opt-out by clicking here. Please note that this does not opt you out of being served advertising. You will continue to receive generic ads.

How We Use Your Information

We reserve the right to use Your Information for various general purposes to help enhance your experience. These purposes may include, but are not limited to:

• Customer Service and User Communications: We may use Your Information, including Personal Information, to help us respond to your inquiries, questions, requests and support needs more efficiently.
• Provision of and/or Support of Products and Services: We may use Your Information for the purposes of providing and supporting our products and services.
• Direct Marketing: We may use Your Information to send you promotional materials. You have the option to opt-out of receiving direct marketing.
• Business Optimization: We may use Your Information in managing our everyday business needs. We may also use your feedback to improve the Site and our services.

How We Disclose Information

We will not share, sell, or distribute Your Information with any third parties including any of our affiliated companies, officers, directors, shareholders, subsidiaries, agents, or representatives, except as provided above and in the following circumstances:

• Service Providers: Your Information may be shared with third-party service providers that assist us in providing customer support, communicating with customers, and promoting our services, as well as third-party service providers that provide other services to us relating to the Site and/or our services.
• Law Enforcement, Safety, and Legal Processes: Your Information may be shared with law enforcement or other government officials if it relates to a criminal investigation or alleged criminal activity. We may also share Your Information if required or permitted to do so by law, for fraud protection and credit risk reduction purposes, or in the good-faith belief that such action is necessary to protect and defend the rights, property, or users of the Site. We may further share Your Information to act under urgent circumstances to protect the safety of our employees or a member of the public, or to comply with a judicial proceeding, court order, or legal process.
• Sale or Acquisition of Assets: If we become involved in a transaction involving the sale of our assets, such as a merger or acquisition, or if we are transferred to another company, we may disclose and/or transfer Your Information as part of the transaction. If the surviving entity in that transaction is not us, the surviving company may use Your Information pursuant to their own privacy policies, and those policies may be different from our Privacy Policy.

Children Under the Age of 16

The Site is not intended for children under 16 years of age. We do not market to and do not knowingly collect any Personal Information from or about a child under the age of 16 without the consent of the child’s parent or legal guardian. If we discover that we have inadvertently collected information from a child under 16 years of age, we will promptly take all reasonable measures to delete such information from our systems.

How to Withdraw Your Consent

At any time, Data Subjects from the EEA may withdraw consent you have provided to us for using, disclosing, or otherwise processing your Personal Information. You may withdraw your consent by communicating your request at the Contact Information provided below.

Please note that your withdrawal of consent to process certain Personal Information about you (1) may limit our ability to deliver services to you and (2) does not affect the lawfulness of our processing activities based on your consent before its withdrawal. Note that even after withdrawing consent, Marmon may use, disclose, or otherwise process your Personal Information if required by law to do so.

Legal Rights

1. EEA Data Subject Rights

Under certain circumstances, Data Subjects from the EEA may have the following rights under the GDPR:

• To access the Personal Information we maintain about you
• To be provided with information about how we process your Personal Information
• To correct your Personal Information
• To have your Personal Information erased
• To object to or restrict how we process your Personal Information
• To request your Personal Information to be transferred to a third-party

To exercise the above rights, please contact us at the information provided below. We will consider and process your request within a reasonable period of time. Please be aware that under certain circumstances, the GDPR may limit your exercise of these rights.

You may file a complaint regarding this Privacy Policy or our privacy practices by communicating with us using the Contact Information provided below.

Additionally, Data Subjects from the EEA may file a complaint with EU data protection authorities (“DPAs”). A list of DPAs from the European Commission may be found here: http://ec.europa.eu/newsroom/article29/document.cfm?action=display&doc_id=50061.

2. California Resident Rights

California law provides that California residents have a right to request businesses to tell them how their Personal Information has been shared, if at all, with third parties for the third parties’ direct marketing purposes. To make such a request, please contact us at the information provided below.

The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

a. The Right to Know What Information We Have Collected, Disclosed, and Sold

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months.

b. The Right to Deletion of Personal Information

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

c. The Right to Opt-Out of the sale of Personal Information to Third Parties

We do not sell Personal Information as defined by the California Consumer Privacy Act (CCPA).

d. The Right to Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-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.

e. Exercising Your CCPA Rights

We will take reasonable steps to verify your identity prior to fulfilling the above requests. You may only make a verifiable consumer request for disclosure or deletion twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

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 that the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password-protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

As an additional resource, you may also contact us using the How to Contact Us section below for any additional questions related to the rights granted under the California Consumer Privacy Act (CCPA).

To exercise the right to disclosure and the right to deletion as described above, please submit a verifiable consumer request to us:

• Emailing us at Hello.Retail@marmon.com

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

Data Security

The Site uses commercially reasonable security measures to protect Your Information. However, no data transmitted over or accessible through the internet can be guaranteed to be 100% secure. As a result, while we attempt to protect Your Information, we cannot ensure or warrant that Your Information will be completely secure from misappropriation by hackers or from other nefarious or criminal activities, or in the event of a failure of computer hardware, software, or a telecommunications network.

Choice

Marmon reserves the right to process Personal Information in a manner consistent with the purposes for which the information was collected and without the individual’s knowledge.

When required, Marmon offers individuals the opportunity to opt out of disclosures of Personal Information to a third party or the use of Personal Information for a purpose that is different from the purposes for which it was originally collected or subsequently authorized by the individuals.

Marmon will obtain the explicit consent (i.e., opt-in consent) of an individual prior to disclosing Sensitive Personal Information to a third party or using Sensitive Personal Information for purposes other than those for which it was originally collected or subsequently authorized by the individual.

Accountability for Onward Transfer

Marmon is potentially accountable and liable in cases of onward transfers of Personal Information to third parties, such as when third parties acting as agents on our behalf process Personal Information. Marmon will ensure that any third party to which we disclose Personal Information provides the same level of privacy protection as is required by the GDPR and the CCPA and agrees in writing to provide an adequate level of privacy protection.

Marmon may transfer Personal Information to third party agents, or service providers, who perform functions on our behalf, such as managed IT service providers or other third parties who facilitate the provision of our services to individuals such as marketing, sales, product support and services, and other purposes. We enter into written agreements with those third party agents and service providers requiring them to provide the same level of protection the GDPR and the CCPA requires and limiting their use of Personal Information to the specified services provided on our behalf.

Under some circumstances, Marmon may be required to disclose Personal Information when necessary to respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Data Security and Integrity

Marmon applies administrative, technical, and physical safeguards designed to provide Personal Information in our possession with reasonable protections from loss, misuse, unauthorized access, disclosure, alteration, or destruction. However, we cannot guarantee the security of Personal Information accessible on or transmitted via the internet.

Marmon processes Personal Information in ways compatible with the purpose for which Personal Information was collected, or as otherwise authorized by an individual. To the extent necessary for such purposes, Marmon takes reasonable steps to make sure that Personal Information is accurate, complete, current, and otherwise reliable with respect to its intended use.

Access

Individuals have the right to obtain Marmon’s confirmation of whether we maintain Personal Information relating to you. Further, Marmon will provide you access to Personal Information we maintain about you upon your request and within a reasonable time period. If you become aware that Personal Information we maintain about you is inaccurate, or if you would like to update, delete, or review your Personal Information, you may contact Marmon using the contact information provided below.

Marmon may also limit or deny access to Personal Information where providing such access would be unreasonably burdensome or expensive in the circumstances, or as otherwise permitted by the GDPR and/or the CCPA. If Marmon determines that your access should be restricted in a particular instance, we will provide you with an explanation of our determination and respond to any inquiries you may have. In some circumstances, Marmon may charge a reasonable fee, where warranted, for access to Personal Information.

Changes to this Policy

This Privacy Policy was last modified at the date first printed above. Please note that we may update this Privacy Policy from time-to-time in our sole discretion. We encourage you to frequently check this Privacy Policy for any changes to stay informed about how we are helping to protect Your Information. We will not lessen your rights under this Privacy Policy without your explicit consent. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications.

External Links

This Site may contain links to other websites. We do not endorse or make any representations or warranties concerning, and will not in any way be liable for, any informational content, products, services, software, or other materials available on an external website, even if one or more pages of the external website are framed within a page of this Site. Please be aware that we are not responsible for the privacy practices or policies of such other websites.

Accessing and Updating Information

If you ever wish to access Your Information or to have Your Information deleted, updated, changed, or modified, you may do so by contacting us at the information provided below. To cancel your account and have your information returned to you, please also contact us at the information provided below. We will make commercially reasonable efforts to handle requests to update or modify Your Information within thirty (30) days.

If you would like to opt-out of receiving direct marketing communications from us, you may do so by following any instructions included in the communication or by contacting us at the information provided below.

Contact Information

If you would like to contact us with questions or comments concerning the accuracy and/or privacy of Your Information, or if you believe that we have not adhered to this Privacy Policy, please notify us by contacting the following:

Marmon Holdings, Inc.
181 West Madison Street, 26th Floor
Chicago, Illinois 60602
Phone: (312) 372-9500
Email: commdept@marmon.com