Privacy policy

This Privacy Policy applies to personal data Kion, LLC  and its affiliates (collectively, “Kion,” “we,” “us,” or “our”) collects. This Privacy Policy also covers rights and choices related to your personal data.


Data We Collect

We collect data about you in different ways. For example, we collect data:

  • Directly from you. This includes when you make an account, sign up to get our emails, buy from us, or contact us, for instance via our Call Center.
  • Automatically. This includes through cookies, server logs, and other tools on our website or apps.
  • From other sources. These can include our affiliates, vendors, Facebook, LinkedIn, X, YouTube, TikTok, Pinterest, Reddit, Instagram, and other publicly available sources, and other companies.

The following are a few examples of our collection and use of data:

 

Context Examples of Personal data Primary Purpose and Legal Basis
Account Registration We collect your name and contact information when you make an account. We also collect data on the actions that you perform while logged in. We have a legitimate interest in providing account related functionalities to users. Accounts can offer easy checkout, saved preferences, and purchase history.
Client’s Employee Information We collect the name and contact information of our clients and their employees with whom we may interact. We have a legitimate interest in contacting our clients and communicating with them about business activities such as projects, services, and billing.
Demographics We collect personal data, such as your age or your region. We have a legitimate interest in understanding our users and potential customers better.
Distance Our apps may collect your location from the GPS, Wi-Fi, and/or cellular technology in your device. This lets us determine your location and your distance. We have a legitimate interest in understanding our users and providing tailored services. In some contexts, our use is also based upon your consent to share location data.
Feedback/Support If you provide feedback or contact us for support, we collect your name and email, as well as other content that you send. We have a legitimate interest in receiving and acting upon feedback.
Job Applicants If you apply for a job, we collect information needed to process your application. This may include your social security number. Providing this information is required for employment. In some contexts, we are required by law to collect data about applicants. We also have a legitimate interest in using data to evaluate your application or consider you for other positions. If you become an employee, we will provide you with a separate privacy notice that explains how we collect, use, and share additional data about our employees.
Mailing List When you sign up for our mailing lists, we collect your contact information. We have a legitimate interest in sharing information about our products and services.  Where required by law we will ask for your consent before communicating with you.
Mobile Devices We collect personal data your device broadcasts when you visit our website. We have a legitimate interest in identifying unique visitors and understanding how users engage with us on their mobile device.
Order Placement We collect your name, billing, shipping, and email addresses, phone number, and credit or debit card information when you place an order. We use your personal data to perform our contract to provide products or services.
Partner Promotion We collect data that you provide as part of co-branded promotions with other companies. We have a legitimate interest in fulfilling our promotions. Note that many co-branded promotions involve the collection of personal data by us, and the other company identified in the promotion.  Where data is jointly collected, your personal data may be submitted, or sent, to both companies.  This privacy notice applies to our use of your data.  You should review the privacy notice of the other company identified to understand their use of your data.
Surveys We collect data you share through surveys. If a third-party offers a survey, the third party’s privacy notice also applies to the collection, use, and disclosure of your data. We have a legitimate interest in understanding your opinions.
Sweepstakes or contests When you enter a sweepstakes or contest, we collect data about you such as your contact information. We have a legitimate interest in operating the sweepstakes. We may also be required by law to collect such data.
Use of Our Website We use technology (e.g., a cookie or a pixel) to learn how you engage with our websites. This may include which links you click or what you type into our online forms. We may also track your IP address, the website that referred you to us, and data about your device. We have a legitimate interest in making our website operate. We also use it to understand how you interact with our websites, gather analytics, improve our websites, and learn your preferences. We may also use this data to help detect and prevent fraud.  Where required by law, we base the use of technologies upon consent.
User Content If you choose to engage in forums, blogs, reviews, or other similar features offered by us, we may maintain records about the content you post.  This might include comments, reviews or questions as well as metadata associated with your content. We use this data to understand your opinions and foster a safe environment on our websites.
Website Targeted Advertising Technology We may let third parties place tracking technology on our websites (e.g., a cookie or a pixel). The third party might also collect data over time and across other websites. Among other things, they may use this data to serve ads tailored to your interests, which may include ads about our products or services. Where required by law, we base the use of third-party tracking technologies upon consent. Users should see our Cookie Preference Center for more information. You can also find more information about your options with regard to this technology in the Your Choices section below.

 

If you are in Canada, our lawful basis for processing your data is generally consent.

How We Use Data

We also use data to:

  • Identify you when you visit our sites.
  • Complete transactions.
  • Improve or create services and products.
  • Streamline checkouts.
  • Conduct analytics.
  • Connect with you (e.g., addressing your requests, inquiries, issues, or feedback).
  • Market our products or services.
  • Market the products or services of our business partners.
  • Find and prevent malicious, deceptive, fraudulent, or illegal activity.
  • Find and prevent security incidents.
  • Enforce our policies and agreements.
  • Debug, find, and fix errors that impair our website and services.
  • Comply with legal or regulatory obligations.
  • Establish or exercise our rights.
  • Defend against legal claims.
  • Manage our relationships.
  • For other reasons with your consent.

The sections above describe our main purposes in collecting your data, but often we have multiple purposes. For instance, if you make an online purchase, we may collect your information to perform our contract with you. We also have a legitimate interest in maintaining that data so that we can easily address questions about an order. As a result, our collection and processing of your data is based in different contexts on your consent, our need to perform a contract, our legal obligations, and/or our legitimate interest in conducting our business.

To the extent we store and use deidentified personal data, we will not try to reidentify the information, except to test our deidentification methods.

How We Share Data

In addition to the specific situations discussed elsewhere in this Notice we may share personal data in the following situations:

  • Affiliates and Acquisitions. We may share data with our affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control). If a company acquires or enters negotiations to acquire, our company, business, or assets, we may share data with that company.
  • Other Disclosures without Your Consent. We may share data to cooperate with law enforcement, participate in a legal process, or for legal compliance. We may share your data to establish or exercise our rights, to defend against legal claims, to investigate, prevent, or act on possible illegal activities, threats to safety of person or property, or a violation of our policies. Your data may be shared to ship products to you.
  • Public. Some of our websites may allow for comments or reviews in a public forum. If you post on these pages, what you share may be publicly available.
  • Service Providers. We share your data with service providers. Service providers help us to run our website, conduct surveys, provide technical support, process payments, fulfill orders, and more.
  • Professional Services. We may share personal data with our professional service providers, such as auditors or lawyers.
  • Other Disclosures with Your Consent. We may share your data with third parties when you consent or direct us to.

Some areas require us to disclose whether the following categories of personal data are collected, shared with third parties for a “business purpose,” or “sold,” or transferred for “valuable consideration.”  The table below indicates the categories of personal data we collect and transfer in a variety of contexts. We do not “sell” your personal data for money.

 

Category of Personal Data Disclosures for a Business Purpose Sharing for Targeted Advertising Sales
Identifiers – this may include things like name, alias, postal address, unique personal identifier, online identifier, email address, or account name.
  • Affiliates or subsidiaries.
  • Business partners.
  • Data analytics providers.
  • Internet service providers.
  • Joint marketing partners.
  • Operating systems and platforms.
  • Other Service Providers.
  • Payment processors and financial institutions.
  • Professional services organizations, this may include auditors and law firms.
  • Social networks.
 Advertising networks. N/A
Financial Information – this may include bank account number, credit card number, debit card number, and other financial information.
  • Affiliates or subsidiaries.
  • Other Service Providers.
  • Payment processors and financial institutions.
  • Professional services organizations, this may include auditors and law firms.
 N/A N/A
Health Related Information – this may include medical information, mental or physical condition or treatment, or health insurance information.
  • Affiliates or subsidiaries.
  • Other Service Providers.
  • Professional services organizations, this may include auditors and law firms.
 N/A N/A
Commercial information – this may include information about products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
  • Affiliates or subsidiaries.
  • Business partners.
  • Data analytics providers.
  • Internet service providers.
  • Joint marketing partners. 
  • Operating systems and platforms.
  • Other Service Providers.
  • Payment processors and financial institutions.
  • Professional services organizations, this may include auditors and law firms.
  • Social networks.
 Advertising networks. N/A
Internet or other electronic network activity information – this may include browsing history, search history, and information regarding an individual’s interaction with an internet website, app, or ad.
  • Affiliates or subsidiaries.
  • Other Service Providers.
  • Professional services organizations, this may include auditors and law firms.
 N/A N/A
Geolocation data – this could include precise or non-precise geolocation information.
  • Affiliates or subsidiaries.
  • Business partners.
  • Data analytics providers.
  • Joint marketing partners. 
  • Operating systems and platforms.
  • Other Service Providers.
  • Professional services organizations, this may include auditors and law firms.
  • Social networks.
 Advertising networks. N/A
Professional or employment-related information – this includes, for example, information submitted by job applicants.
  • Affiliates or subsidiaries.
  • Other Service Providers.
  • Professional services organizations, this may include auditors and law firms.
 N/A N/A
Inferences drawn from any of the information listed above.
  • Affiliates or subsidiaries.
  • Business partners.
  • Data analytics providers.
  • Internet service providers.
  • Joint marketing partners.Operating systems and platforms.
  • Other Service Providers.
  • Professional services organizations, this may include auditors and law firms.
  • Social networks.

 N/A N/A

 

Your Choices

Some jurisdictions give you a right to make the following choices:

  • Access. You may request access to your personal data or confirmation that we have data about you. In certain limited cases, you may ask to receive access to your data in a portable, machine-readable form. If you are a registered user with our Sites, you can access your profile information at any time by clicking on the “My Account” link  at the top of any page on the Sites on which you registered.
  • List of Third-Party Recipients. You may request a list of specific third parties to which we have disclosed personal information. Some areas also allow you to obtain a list of the categories of third parties to which we have disclosed personal information. You can find that information in the table above under the “How We Share Data” section.
  • Change. Most of our websites allow you to change your account profile. If our website does not permit you to update or correct certain information, you can ask us to correct inaccurate or incomplete data by contacting us at the address below. We may keep historical data in our backup files as permitted by law.
  • Deletion. You may ask us to delete your personal data. If required by law, we will grant such a request, but note that in many cases, we must keep your personal data to comply with legal obligations, resolve disputes, enforce agreements, or for other business purposes.
  • Opt-out of Website Targeted Advertising. You may opt-out of online targeted advertising (e.g., cookies) by clicking the cookie settings link here or the “Do Not Share” link on our homepage. We recognize Global Privacy Control (GPC) signals broadcast from web browsers as a valid opt-out request where required by applicable law. Please note that the GPC will apply only to your current browser. We do not recognize the “Do Not Track Signal.” If there is a conflict between the GPC signal and a manual choice that you have made on our website regarding targeted advertising, we will honor your manual choice.
  • Objection to or Restriction of Certain Processing. In certain circumstances, you may object to the processing of your personal data, or ask that we restrict processing of your personal data. To do so, follow the instructions below.
  • Promotional Emails. You may provide us with your email address to allow us to send newsletters, surveys, offers, or other promotional content , as well as targeted offers from third parties. You can stop receiving such emails by following the unsubscribe instructions at the bottom of those emails. If you choose not to receive such emails, we may still send you service-related communications.
  • Promotional Mailings. If you do not want to receive offers and/or circulars from us, email us with “NO SNAIL MAIL” in the subject line, and include your name, address, and zip code. Note that our mailings are prepared before we send them. We will remove your name from our mailing list after receiving your request, but you may receive mailings from us that were prepared prior to processing your request.
    Promotional Text Messages. If you get a text message from us that has promotional content, you can opt-out of future text messages by replying “STOP.”
  • Revocation Of Consent. Where we process your personal data based upon consent, you may revoke consent. Note, if you revoke consent for processing personal data, we may no longer be able to provide you with some types of services.

Not all the rights above are absolute, and they do not apply in all circumstances. We may limit or deny a  request because the law permits or requires us to. We will not discriminate against individuals who exercise a privacy right.

Submitting Requests

You may exercise the above rights by contacting us via the contact information below. If you disagree with our denial of a request, you may appeal our decision by contacting us with the subject line “Appeal.”

We will require you to prove your identity when making most types of requests. We may verify your identity by phone or email. Depending on your request, we will ask for information such as your name, the last item you purchased from us, or the date of your last purchase from us. We may also ask you to send us a signed declaration confirming your identity.

In some circumstances, you may designate an authorized agent to exercise rights on your behalf. If you are an authorized agent, you must attach a copy of a signed and notarized declaration which shows that you may act on another’s behalf.

How We Protect and Retain Data

No method of internet transmission or electronic storage is fully secure. While we use reasonable efforts to protect personal data, we cannot guarantee its security. If we are required to inform you about a security incident, we will do so electronically, in writing, or by phone, as the law permits.

Some of our websites permit you to create an account. You are responsible for selecting a unique and complex password and keeping it confidential.  You are responsible for any access to or use of your account by someone who has obtained your password, whether or not you approved of such access or use. Notify us of unauthorized use of your password or account immediately.

We keep your personal data for only as long as necessary to fulfill the purposes in this Notice unless a longer retention period is required or permitted by law. This includes the purposes of satisfying legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the data. We also weigh the potential risk of harm from unauthorized use or disclosure of the data, the purposes for which we obtained the data and whether we can meet those purposes through other means, as well as applicable legal requirements.

Transmission Of Data To Other Countries

Where possible, we treat personal data using the same privacy principles that guide the law of the country in which we first receive your data. By submitting your personal data to us you acknowledge that we may transfer, store, and process your data in a country other than your country of residence including, but not limited to, the United States. For more information on our attempts to apply the privacy principles applicable in one area to data when it goes to another, contact us using the contact information below.

Third-Party Applications/Websites

We may provide links to websites and other third-party content or services that we do not own or operate. We have no control over the privacy practices of websites or services we do not own. For details about such third parties’ privacy practices, see their privacy notices.

Changes To This Privacy Policy

We may change our Privacy Policy and privacy practices. New notices will be published on our website.  If changes are material, the Privacy Policy that was in place when you submitted personal data to us will generally govern that data unless you consent to the new Privacy Policy. Our Privacy Policy shows “effective” and “last updated” dates below. The effective date is the date the current version took effect. The last updated date is the date the current version was last substantively changed.

Contact Information

If you have questions, comments, or complaints on our privacy practices, or if you need to access this Privacy Policy in a different form due to a disability, please contact us at Kion, 3980 North Broadway, Suite 103-183, Boulder, Colorado  80304, Attn: Privacy Manager or e-mail us at [email protected]. We will try to address your requests and provide you with additional privacy-related information.

If you are not satisfied with our response and are in the European Union or United Kingdom, you may have a right to lodge a complaint with your local supervisory authority.

Additional Information For California Residents

California law requires us to disclose the following information on our privacy practices. If you are a California resident, the following disclosures apply to you in addition to the rest of the Notice.

  • California Shine the Light. If you would like more information on the categories of personal data (if any) we share with third parties or affiliates for those parties to use for direct marketing, submit a written request using the information in the Contact Information section.
  • California Notice of Financial Incentive. We offer programs that give perks, like rewards, discounts, and exclusive offers ( “Loyalty Programs”). When you sign up for a Loyalty Program, we ask for- your name, email address, and in some cases your phone number. Under California law, our Loyalty Programs might be considered “financial incentive” programs as they involve collecting personal data. We do not assign a monetary value to the data we collect. Based on our reasonable estimate, the value of your personal data to us is related to the value of the free or discounted products or services you get when you redeem points. This value is based on the cost related to offering those free or discounted products or services. You may withdraw from the Loyalty Programs by contacting us at the address described in the program terms and conditions. Visit the respective page on our Site for full program rules, including how to join.
  • California Sensitive Information Disclosure. We collect the following categories of sensitive personal data (as defined under California law): health data and consumer account log-in. We collect this data to process transactions, comply with laws, manage our business, or provide services. Note that we do not use such data for any purposes that are not identified within the California Privacy Rights Act Section 1798.121. We do not “sell” or “share” sensitive personal data for cross-context behavioral advertising, although we may transfer it to third parties when you instruct us to do so. When that occurs, third parties will use it for the purposes indicated in their privacy notices.