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Privacy Policy

Offroad Gladiator, Inc. and its affiliates respect your concerns about privacy and your right to control the dissemination and other processing of your personal information. References in this Privacy Notice (the “Notice”) to “Offroad Gladiator”, “we”, “us”, and “our” are references to the entity responsible for the processing of your personal information, which generally is the entity that obtains your personal information. This Notice applies to the personal information we collect through our websites, mobile applications, social media pages that reference this Notice, and offline collection in connection with sales, marketing, and partner and supplier engagement (collectively, the “Service”).

This Notice describes how the Service collects information from you, what types of information it collects, how we may use the personal information, with whom we may share it, the measures we take to safeguard the personal information we obtain, how you may exercise your rights regarding our processing of your personal information, and how you can contact us regarding our privacy practices. The Service may provide links to other third-party websites and features, or contain third-party cookies, that are not owned or controlled by us. Please review the privacy notices of these third parties to familiarize yourself with their privacy practices. By using the Service, you acknowledge you have read and understood the terms of this Notice. Please fully review this Notice before you use the Service or submit information to us.

CONTENT OVERVIEW

  1. Personal information we collect
  2. Cookies and similar technologies
  3. How we use personal information
  4. How we share information
  5. Data transfers
  6. How we protect personal information
  7. Your choices
  8. Data retention
  9. Additional information

1. PERSONAL INFORMATION WE COLLECT

The types of personal information we may collect through the Service include:
1.1. Contact information including name, phone and fax number, email and postal address for you or for others (e.g., principals in your business); 1.2. Information used to create your online account (such as username, password and security question and answer); 1.3. We collect and store the information that you and other users provide when you and they use and interact with the Service (such as your favorite store locations, your vehicles, and other information you provide when using the Service); 1.4. Purchase and customer service history; 1.5. Payment information, including name, billing address, payment card details (i.e., card number, expiration date and security code) and bank account information; 1.6. Location data such as data derived from your IP address, country and zip code; 1.7. Usage data including details on your browser (such as type, version, language); operating system and interface; website from which you are visiting us (referrer URL); webpage(s) you are visiting on our website; date and time of accessing our website and time zone difference; access status/HTTP status code; volume of data transferred; internet protocol (IP) address; and information gathered via cookies; 1.8. Correspondence-related data such as emails, texts, letters, or responses to surveys and questionnaires; information you provide us by phone or live chat; or your feedback on your experience with the Service, or an Offroad Gladiator facility; and 1.9. Other personal information contained in content you submit to us (such as through our “Contact Us” feature, which may include your first name, last name, mobile number, e-mail, your favorite store location, and your message).

We use third-party web analytics services in connection with the Service, including Google Analytics, which use cookies and similar technologies to collect data (such as IP addresses) to evaluate use of and interaction with the Service.

Please note that providing personal information to us is voluntary on your part. If you choose not to provide us certain information, we may not be able to offer you certain products and services, and you may not be able to access certain features of the Online Channels.

2. COOKIES AND SIMILAR TECHNOLOGIES

Like most companies, Offroad Gladiator uses cookies and similar technologies (“cookies”) in the Service to personalize and enhance your experience with our Service.

2.1. How we use cookies. Cookies contain small amounts of information that are downloaded to your device when you visit our website. Cookies are sent back to our website to allow us to recognize your device. a) Essential Cookies allow us to recognize your device to help you navigate efficiently to obtain the information and services you have requested. b) Analytical and Customization Cookies allow our site to remember your preferences such as language selection, and help you to view information that is most relevant to your interests; these cookies also help us to maintain and improve our websites by providing information on how visitors find and use the sites, and how well the sites are performing. c) Advertising Cookies may be used in some cases to make advertising messages more relevant to you. Unless you disable the cookies, by using the Service you agree to our use of those cookies. 2.2. Making cookie choices. You can choose to accept or decline cookies. Most browsers allow you to manage cookie preferences. If you decide to disable cookies on our site, you may not be able to take full advantage of all our Service features once you have done so. Except for cookies that are essential to the operation of the Service (Essential Cookies), you may make choices about the cookies used in the Service. 2.3. Sharing tools. To enhance your experience when using the Service, we sometimes embed content and sharing tools from other third-party sites, such as “like” buttons from social networking sites; these third-party sites may also place and access cookies on your device. Offroad Gladiator does not control the placement or access of these third-party cookies. Please review the privacy policies of these third parties to familiarize yourself with their practices.

3. HOW WE USE PERSONAL INFORMATION

We do not sell or otherwise disclose personal information about you except as described here or at the time of collection. We may use the personal information we obtain as follows:

3.1. Provide and administer our products and services; 3.2. Process and fulfill orders and keep you informed about the status of your order; 3.3. Communicate about and administer our products, services, events, programs and promotions (such as by sending alerts, promotional materials, newsletters and other marketing communications); 3.4. Conduct and facilitate surveys, sweepstakes, contests, focus groups and market research initiatives; 3.5. Perform data analytics (such as market research, trend analysis, financial analysis and customer segmentation); 3.6. Provide customer support; 3.7. Process, evaluate and respond to requests, inquiries and applications; 3.8. Create, administer and communicate with you about your account (including any purchases and payments); 3.9. Provide investor services; 3.10. Conduct marketing and sales activities (including generating leads, pursuing marketing prospects, performing market research, determining and managing the effectiveness of our advertising and marketing campaigns and managing our brand); 3.11. Operate, evaluate and improve our business (such as by administering, enhancing, and improving our products and services; developing new products and services; managing our communications and customer relationships; and performing accounting, auditing, billing, reconciliation and collection activities); 3.12. Verify your identity and protect against and prevent fraud and other unlawful activity, unauthorized transactions, claims and other liabilities, and manage risk exposure and quality; 3.13. Conduct investigations and comply with and enforce applicable legal requirements, relevant industry standards, contractual obligations and our policies and terms; and 3.14. Maintain and enhance the safety and security of our products, services, information resources and employees. We may anonymize or aggregate personal information and use it for the purposes described above and for other purposes to the extent permitted by applicable law. We may also use personal information for additional purposes that we identify at the time of collection. We will obtain your consent for these additional uses to the extent required by applicable law.

Where required by applicable law, we will obtain your consent for the processing of your personal information for direct marketing purposes.

The legal basis for Offroad Gladiator processing your personal information as described above will typically be one of the following: (1) your consent; (2) performance of a contract with you or a relevant party; (3) our legitimate business interest; or (4) compliance with our legal obligations.

4. HOW WE SHARE INFORMATION

We may share your personal information to (internal and external) recipients for the processing purposes described above.

4.1. Within Offroad Gladiator: Depending on the categories of personal information and the purposes for which the personal information has been collected, different internal departments within Offroad Gladiator may receive it (for example, our IT department may have access to usage data; our sales departments may have access to account and order data. Moreover, other Offroad Gladiator departments may have access to certain personal information about you on a need to know basis, such as the legal department, the finance department or internal auditing. 4.2. Sharing with Other Users. The Service may allow users to connect and communicate with others, such as through a message board. If you use any communication features, other users of the Service may be able to view your profile information and your communications that you post to the Service. 4.3. Service Providers. We use third parties to help us operate and improve the Service (e.g., hosting providers, e-commerce service providers and analytics service providers). We may provide these third parties with information we collect and they may collect information from you and about your use of the Service. The processing by these third parties will, unless specifically noted otherwise in this Notice, be governed by a contractual agreement requiring them to process the personal information solely on behalf of Offroad Gladiator when performing the Service, 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 Offroad Gladiator. 4.4. Insolvency and Business Transitions. If we ever file for bankruptcy or engage in a business transition such as a merger or joint venture with another company, or if we purchase, sell, or reorganize all or a part of the Service or our business or assets or the business or assets of our affiliates, we may disclose your personal information, including to prospective or actual purchasers in connection with one of these transactions. 4.5. Regulators, authorities and other third parties. We may also transfer your personal information to governmental agencies and regulators (e.g. tax authorities), courts, government authorities, and independent external advisors acting as controllers (e.g., lawyers, accountants, auditors etc.) all in accordance with applicable law.

5. DATA TRANSFERS

We may transfer the personal information we collect and may store such information in other countries, including the U.S., which may have different data protection laws than the country in which the information was provided. If we do so, we will take necessary measures to ensure that such transfers are adequately protected as required by applicable data protection law, including the EU-U.S. Privacy Shield and Standard Contractual Clauses approved by the European Commission.

6. HOW WE PROTECT PERSONAL INFORMATION

We maintain administrative, technical and physical safeguards, consistent with legal requirements where the personal information was obtained, designed to protect against unlawful or unauthorized destruction, loss, alteration, use or disclosure of, or access to, the personal information provided to us through the Service.

7. YOUR CHOICES

If you would like to update your personal information associated with your Account, you may make changes in the “My Profile” or “Settings” portions of the Service. Aside from updates you make, at any time, you may challenge the accuracy or completeness of your personal information in our records. If you successfully demonstrate that your personal information in our records is inaccurate or incomplete, we will update the personal information as required. Where appropriate, we will transmit the updated information to third parties having access to your personal information.

If you would like to cancel your Account, request access or a correction to your personal information (other than corrections you can make in the “My Profile” or “Settings” portions of the Service), please contact us using the “Contact Us” feature within the Service. If you do not want your information accessed or stored as described in this Notice, you should not access, use, or register an Account with the Service.

To the extent provided by the law of your jurisdiction, you may also have the following rights: 7.1. Right to withdraw your consent. If you have given your consent regarding certain types of processing activities (in particular regarding the receipt of certain direct marketing communications), you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal. You can withdraw your consent by clicking on the withdraw option in relevant communication or by contacting your relationship manager (for existing customers). 7.2. Right to request access to your personal data. If provided by applicable data protection law, you have the right to obtain from us confirmation as to whether or not personal data concerning you is processed, and, where that is the case, to request access to the personal data. The access information includes – inter alia – the purposes of the processing, the categories of personal data concerned, and the recipients or categories of recipients to whom the personal data have been or will be disclosed. However, this is not an absolute right and the interests of other individuals may restrict your right of access. You also have the right to obtain a copy of the personal data undergoing processing free of charge. 7.3. Right to request rectification. Where provided by applicable data protection law, you have the right to obtain from us the rectification of inaccurate personal data concerning you. Depending on the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement. 7.4. Right to request erasure (right to be forgotten). Where provided by applicable data protection law, you have the right to obtain from us the erasure of personal data concerning you and we are obliged to erase such data. 7.5. Right to request restriction of processing. Where provided by applicable data protection law, you have the right to obtain from us restriction of processing of your personal information and we are obliged to restrict such processing. In this case, the respective personal information will be marked and may, with the exception of storage, only be processed by us with your consent or for certain purposes. 7.6. Right to request data portability. Where provided by applicable data protection law, you have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you have the right to transmit those personal data to another entity without hindrance from us, where the processing is carried out by automated means and is based on consent pursuant. 7.7. Right to object. Where provided by applicable data protection law and under certain circumstances, you have the right to object, on grounds relating to your particular situation, at any time to the processing of your data by us and we are required to no longer process your data. Such right to object especially applies if we collect and process your data for direct marketing purposes. If you have a right to object and if you exercise this right, your data will no longer be processed for such purposes by us. Such a right to object does, in particular, not exist if the processing of your data is necessary to take steps prior to entering into a contract or to perform a contract already concluded. To exercise your rights, please contact us by using the contact information at the end of this Notice. Additionally, to the extent the European Union General Data Protection Regulation (GDPR) applies, you also have the right to lodge a complaint with the competent data protection supervisory authority in the relevant Member State (e.g., the place where you reside, work, or where an alleged infringement of the GDPR).

8. DATA RETENTION

Your personal information will be retained as long as necessary to provide you with the services and products requested. Once you have terminated the contractual relationship with us and/or you have deleted your Account, we will remove your personal data from our systems and records and/or take steps to properly anonymize it so that you can no longer be identified from it (unless we need or have a right to keep your information to comply with legal or regulatory obligations to which Offroad Gladiator is subject – e.g., taxation purposes - or to meet our legitimate interests).

9. ADDITIONAL INFORMATION

9.1. Children. The Service is intended for users over the age of 18 and is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, please contact us by using the contact information at the end of this Notice, and we will take steps to remove the information and terminate the child's account.
9.2. California Residents. a) California Civil Code Section 1798.83 permits California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed personal information (as defined under that statute) of that California resident, for direct marketing purposes in the preceding calendar year and the categories of that kind of personal information that was disclosed to them. If you are a California resident and you wish to make such a request, you may contact us by using the contact information at the end of this Notice.
9.3. Modification of this Notice. We will occasionally update this Notice, in our sole discretion. When we post changes to this Notice, we will revise the "Last updated date” at the top of this Notice in order to notify you of changes. We recommend that you check the Service from time to time to inform yourself of any changes in this Notice or any of our other policies. If you do not agree to any update, please do not use the Service; by continuing to access or use the Service after a change to this Notice becomes effective, you agree to and accept the revised Notice as of the Notice Effective Date.