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Privacy Policy

EFFECTIVE DATE: 01/01/2024

 

OVERVIEW AND SCOPE

 

We at The Off-Road Group, LLC (“we,” “our,” or “us”) recognize the importance of protecting
the privacy of personally identifiable information (“Personal Information” or “PII”)
collected about you and other visitors (collectively, “Users”) to our website (the “Site”).


We are committed to ensuring that your privacy is protected. To that end, this Privacy
Policy (“Policy”) discloses our practices regarding the collection, use, and disclosure of
the PII we receive through Users’ use of the Site. By using the Site, you accept the terms
of this Policy.

 

This Policy applies to the Site(s) its subdomains, and all the websites and internet
properties owned or operated by us, and regardless of the medium by which the Site is
accessed by Users (e.g., via a web or mobile browser).

 

INFORMATION WE COLLECT

 

We are the sole owner of information collected on the Site. We collect several types of
information from and about Users of the Site, including:


Personal Information: We may collect PII from you when you complete forms, navigate
web pages, and in connection with other activities, services, features, or resources we
make available on the Site. The type of PII we may collect, use, store, and disclose
include the following:

Category Type of Information
Contact Information and Identifiers
First Name, Last Name, Email, Device ID
Internet Identifiers and Activities
Browsing History, Search History,
Interactions with the Site
User Free Text Box Responses
Customer Reviews, User Feedback, etc.
 
Deidentified Information: We may collect deidentified information from you that may
not by itself reasonably identify you as the source when you navigate the Site
(“Deidentified Information”). Deidentified Information may include: (i) device type, (ii)
device operating system, (iii) internet browser type, (iv) internet service provider, (v)
referring/exit pages, (vi) date/time stamp, and (vii) clickstream information. We will take
reasonable measures to ensure that Deidentified Information we collect is not personally
identifiable and may not later be easily used to identify you as required by applicable law.
Children’s Information:
 
We do not offer our services or promote the Site to, nor do we intentionally collect or
retain PII from, children who are younger than 18 years of age. If we discover that we
have inadvertently collected information from a child under 18 years of age, we will
promptly take all reasonable measures to delete such information from our systems.

 

HOW WE COLLECT INFORMATION

 

The information we collect depends on what Users do when they visit or utilize the Site.
We collect PII and Deidentified Information in various ways, including:
Directly from You: We collect PII when you voluntarily submit PII to us while
completing forms on the Site and in connection with other activities, services, features, or
resources we make available on the Site. The PII we collect depends on what you do
when you visit or utilize the Site or how you choose to communicate with us. Please note
that we do not collect PII about you unless you voluntary provide such PII by completing
forms available on the Site and/or contacting us regarding the Site or our products and
services.

 

Through Your Use of the Site: We may collect PII and Deidentified Information that
your browser transmits when you visit the Site. We may also collect Deidentified
Information about how you access and interact with the Site through automated tracking
technologies, such as session cookies, persistent cookies, and web beacons.
A cookie is a small data file that is transferred to an internet browser, which enables the
Site to remember and customize your subsequent visits. We may use session cookies to
make it easier for you to navigate the Site. Specifically, we may use session cookies to
record session information, such as which web pages you visited and to track your
activity on the Site. Session cookies expire when you close your browser. We may also
use persistent cookies to track and target your interests to enhance your experience on the
Site. Persistent cookies remain on your device for an extended period of time.
Most internet browsers automatically accept cookies. However, you can instruct your
internet browser to block cookies or to provide you with a warning prompt before you
accept cookies from the Site. Please refer to your internet browser’s instructions to learn
more about these functions. If you reject cookies, the functionality of the Site may be
limited and you may not be able to participate in several of the Site’s features.
Additionally, we may use web beacons, which are single-pixel, electronic images
embedded in the Site that allow us to gather information about your browsing activities
on the Site.
 
From Third Party Services: We may collect PII about you from third parties whose
privacy practices may differ from the practices described in this Policy. We do not 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 through
third parties. Your use of third parties’ services and/or third-party websites is governed
by and subject to the terms and conditions of those third parties and/or third-party
websites. We encourage you to carefully review the privacy policies and statements of
such third parties and/or third-party websites.

 

HOW WE USE INFORMATION

 

We may use Users’ PII for various general, lawful purposes to help enhance the User
experience. These purposes include:


Direct Marketing: We may use your PII to send you promotional materials. You have
the right to opt-out of receiving direct marketing.


Customer Service and User Communications: We may use your PII to help us respond
to your inquiries, questions, requests, and support needs more efficiently.


User Experience Personalization: We may use Users’ PII and/or Deidentified
Information in the aggregate to analyze Users’ browsing and usage activities and patterns
to understand Users’ interests and preferences with respect to the Site and our services.
This will help us optimize your experience on the Site.


Business Optimization: We may use your PII and/or Deidentified Information to
improve the content on our web pages, to customize the content and layout of our web
pages, and in managing our everyday business needs. We may also use your feedback to
improve the Site and our services. All of this is done with the intention of making the Site
more useful for you.

 

We will not collect additional categories of PII or use PII we collected for materially
different, unrelated, or incompatible purposes without providing you notice.

 

HOW WE DISCLOSE INFORMATION

 

We may disclose Users’ PII to third parties for a business purpose as described below.
Otherwise, we do not sell PII and will not disclose Users’ PII to third parties without your
permission.

 

To Service Providers: We may disclose your PII to third party service providers that
assist us in providing user support, communicating with Users, and promoting our
services, as well as third party service providers that provide other services to us relating
to our services and/or the Site.

 

Law Enforcement, Safety, and Legal Processes: We may disclose your PII to law
enforcement or other government officials if it relates to a criminal investigation or
alleged criminal activity. We may also disclose your PII: (i) if required or permitted to
do so by law; (ii) for fraud protection and credit risk reduction purposes; (iii) in the good-
faith belief that such action is necessary to protect our rights, interests, or property; (iv) in
the good-faith belief that such action is necessary to protect your safety or the safety of
others; or (v) to comply with a judicial proceeding, court order, subpoena, or other
similar legal or administrative 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 PII as part of the transaction. If the
surviving entity in that transaction is not us, the surviving company may use your PII
pursuant to its own privacy policies, and those policies may be different from this Policy.

 

SECURITY

 

The security and confidentiality of your PII is very important to us. We use commercially
reasonable security measures to protect your PII on the Site. 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 PII, we cannot guarantee or warrant that
your PII will be completely secure (i) from misappropriation by hackers or from other
nefarious or criminal activities, or (ii) in the event of a failure of computer hardware,
software, or telecommunications networks.

 

LEGAL RIGHTS

 

GDPR Data Subject Rights


If you are a data subject located in the EEA, the GDPR grants you certain data privacy
rights. Your rights include the:


Right to Access: You have the right to request a copy of your PII.


Right to Rectification: You have the right to request that we correct any mistakes in
your PII.

 

Right to Erasure: You have the right request that we delete your PII.


Right to Restrict Processing: You have the right to restrict processing of your PII.


Right to Object to Processing: You have the right to object to our processing or your
PII.
 
Right to Data Portability: You have the right to receive your PII in a in a structured,
commonly used and machine-readable format.

 

To exercise your rights, please contact us at the Contact Information provided below.
Please be aware that your rights are limited to the extent permitted by the GDPR.

 

California Privacy Rights


California’s “Shine the Light” law permits Users of the Site that are California residents
to request certain information regarding our disclosure of PII to third parties for their
direct marketing purposes. To make such a request, please contact us at the Contact
Information provided below.

 

WITHDRAW CONSENT

 

Generally, we do not process PII based on consent. However, in the event we do, you
have the right to withdraw your consent at any time, without affecting the lawfulness of
the processing based on said consent before its withdrawal. If you would like to withdraw
your consent, please contact us at the Contact Information provided below.

 

FILE A COMPLAINT

 

If you would like to file a complaint with us about our privacy practices, please contact
us at the Contact Information provided below. If you are a data subject located in the
EEA, the GDPR grants you the right to lodge a complaint with a competent supervisory
authority as well. To find a competent supervisory authority, please use the following
resource: https://edpb.europa.eu/about-edpb/board/members_en.

 

CROSS BORDER DATA TRANSFER

 

To deliver the services through the Site, it may be necessary for use to share data
subjects’ PII outside the EEA. We may share data subject PII with our affiliates and
services providers located in in the US. In the event we transfer PII outside the EEA, we
will take commercially reasonable measures to ensure the transfer complies with data
protection laws and PII is securely transferred. Our standard practice is to use standard
contractual clauses approved by the European Commission to facilitate such data
transfers. If you have any questions about our data transfer practices, please contact us at
the Contact Information provided below.

 

DATA RETENTION

 

We will retain Users’ PII while they maintain an account with us or to the extent
necessary to provide the services through the Site. Thereafter, we will keep PII for as
 long as necessary: (i) to respond to any queries from Users; (ii) to demonstrate we treated
Users fairly; (iii) for ordinary business continuity procedures; or (iv) to comply with any
applicable laws. We delete PII within a reasonable period after we no longer need the
information for the purposes set out in this Policy.

 

DO NOT TRACK DISCLOSURE

 

Some internet browsers may transmit “do-not-track” signals to websites with which the
browser communicates. The Site does not currently respond to these “do-not-track”
signals.

 

SPAM

 

We do not participate in bulk email solicitations that you have not consented to receiving
(i.e., “Spam”). We do not sell or disclose customer lists or email address lists to unrelated
third parties. Except as otherwise provided herein, we do not share PII with any third-
party advertisers.

 

THIRD PARTY LINKS

 

The Site and/or our products, may contain links to other websites or applications
(“Linked Sites”) that are not owned by us. We do not control the collection or use of any
information, including PII, which occurs while you visit Linked Sites. Therefore, we
make no representations or warranties for—and will not in any way be liable for—any
content, products, services, software, or other materials available on Linked Sites, even if
one or more pages of the Linked Sites are framed within a page of the Site.


Furthermore, we make no representations or warranties about the privacy policies or
practices of the Linked Sites, and we are not responsible for the privacy practices of those
Linked Sites. We encourage you to be aware of when you leave the Site and read the
privacy policies of Linked Sites.

 

MODIFICATIONS

 

We reserve the right to update this Policy from time-to-time in our sole discretion. If our
privacy practices change materially in the future, we will post an updated version of the
privacy policy to the Site. It is your responsibility to review this Policy for any changes
each time you use the Site. We will not lessen your rights under this Policy without your
explicit consent. If you do not agree with the changes made, we will honor any opt-out
requests made after the Effective Date of a new privacy policy.

 

ACCESSING, UPDATING, AND CONTROLLING INFORMATION
 
If you ever wish to access, update, change, or delete your PII, you may do so or make
such changes by contacting us at the Contact Information provided below. To help us
process your request, please provide sufficient information to allow us to identify you in
our records. We reserve the right to ask for additional information verifying your identity
prior to disclosing any PII to you. Should we ask for verification, the information you
provide will be used only for verification purposes, and all copies of the information will
be destroyed when the process is complete.

 

If you do not wish to receive update messages and/or direct marketing communications
from us, you may opt-out by following any instructions included in the communication or
by contacting us at the Contact Information provided below. To help us process your
request, please include sufficient information for us to identify you in our records. Please
be aware that although you may opt-out of update messages and/or direct marketing
communications, we reserve the right to email you administrative notices regarding the
Site, as permitted under the CAN-SPAM Act.

 

We will make commercially reasonable efforts to respond to opt-out requests, and handle
requests to access, update, change, or delete PII as quickly as possible.

 

CONTACT INFORMATION

 

If you have questions about this Policy or wish to contact us with questions or comments,
please contact us at:

customerservice@theoffroadgroup.com

 

EFFECTIVE DATE

 

This Policy was last modified as of the effective date printed above. This version of the
privacy policy replaces and supersedes any prior privacy policies applicable to the Site.