Harvey Performance Company, LLC Website Privacy Notice
Effective Date: 7 September 2018
Revised: September 14, 2021, prior revision date, December 16, 2020
THE INFORMATION WE COLLECT AND HOW IT IS PROCESSED
Information You Provide to Us
When you request a resource, register on our Sites, place an order, subscribe to our newsletter, respond to a survey, fill out a form, or submit a “Contact Us” communication to us through the Online Services, we may request you provide your name, employer information, email address, phone number and address so we understand more about you and can communicate with you about the services and resources you have requested.
If you apply for employment with us through our Online Services, we require you to provide your name, email address and phone number along with a copy of your resume.
If you leave comments or replies to comments on our blog, you are required to provide your name, your email address and, optionally, your websites URL. We require this personal data in order to ensure that you are a real person and to avoid spam.
You can also use certain features of our Online Services without telling us your name and if you do not tell us who you are, we do not try to find out.
Non-Personally Identifiable Information Collected Automatically
We keep track of certain non-identifiable information about you when you visit and interact with our Online Services. For example, we collect certain standard information that your browser sends to every website you visit, such as your IP address, device used to access the Site, browser type, and language, access times and referring websites addresses. We may also use websites analytic tools on our Sites that retrieve information from your browser such as your visiting frequency, features you use, the search terms you enter, the links you click on, the content you down download, and how you interact with the Online Services.
Cookies and Other Tracking Technologies: We automatically receive and record information on our server logs from your browser including your IP address as well as information about the pages you view, the links you click and other actions you take on our Online Services. “Cookies” are small text files that are placed on your hard disk by a webpage server that allow us to recognize your browser or mobile device and tell us how and when pages and features on our websites are visited and by how many people. You may be able to change the preferences on your browser or mobile device to prevent or limit your computer or device’s acceptance of cookies, but this may limit you from taking advantage of some of our features. You can find out how to do so here: www.aboutcookies.org. When we collect usage information (such as the numbers and frequency of visitors to the Online Services), we only use this data in an aggregate form, and not in a manner that would identify you personally directly or indirectly. If you have a Facebook, LinkedIn, or Google+ account, those services may be able to identify that you are on our Sites through the widgets we maintain for each in the header and or footer of most of our Online Services’s pages. This occurs from the cookies that each service places when you use their service.
Google Analytics and Pardot: We also use third-party services such as Google Analytics, Google Tag Manager, and Pardot in order to track your activity on our website. The information we collect through these third-party services includes your IP address, your device type and Operating System, your Internet browser, your location, the pages on our Sites you have visited, the actions you’ve performed on these pages. We use such information to better understand your needs and improve our platform accordingly, and also to send you marketing messages that are relevant and match your interests. You can prevent your data from being used by Google Analytics on websites by installing the Google Analytics opt-out browser add-on here.
For information on how our advertising partners allow you to opt out of receiving ads based on your web browsing history, please visit http://optout.aboutads.info/.
To opt out of ads on Facebook or Google that are targeted to your interests, use your Facebook or Google Ads settings.
Check your mobile device for settings that control ads based on your interactions with the applications on your device. For example, on your iOS device, enable the “Limit Ad Tracking” setting, and on your Android device, enable the “Opt out of Ads Personalization” setting.
Please note: Our Online Services do not respond to Do Not Track signals because we do not track our users over time and across third-party websites to provide targeted advertising. However, we believe that you should have a choice regarding interest-based ads served by our partners, which is why we outline the options available to you above.
Please be aware that the e-mail address you provide and any other information you enter while using our Online Services may render you personally identifiable, and may possibly be displayed on this web Sites intentionally (depending on choices you make during the registration process, or depending on the way in which the Online Services ar4e configured) or unintentionally (subsequent to a successful act of intrusion by a third party). As on many web sites, the Online Services’ editor may also automatically receive general information that is contained in server log files, such as your IP address, and anonymous cookie information.
Our Online Services are not intended for children under the age of 16. We do not knowingly collect personally identifiable information through our Sites from visitors in this age group. If we learn that we have collected personal information about a child under 16, we will delete that information as quickly as possible. If you believe we may have collected information about a child under 16, please contact us at [email protected]
HOW WE USE YOUR INFORMATION
With the exception of information submitted for employment consideration, personal information you provide through our Online Services is used for one or more of the following purposes:
- To provide you with email updates and marketing communications from us about our services, such as newsletters or emails. At a minimum, we will always give you the opportunity to “opt out” of receiving marketing materials you choose to unsubscribe.
- To help us track the way you use our Sites and our services.
- To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
- To provide, support, personalize, and develop our Online Services, and services.
- To create, maintain, customize, and secure your account with us.
- To process your requests 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 otherwise improve customer service.
- To personalize your internet experience with respect to interacting with our Sites and to deliver content and product and service offerings relevant to your interests;
- To help maintain the safety, security, and integrity of our Sites, products and services, databases and other technology assets, and business.
- To improve our Sites.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the California Consumer Privacy Act of the General Data Protection Act.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Online Services’ users is among the assets transferred.
- Any other purpose for which you may give consent or we will inform you at the point of collection.
We may also combine the information you provide with information that we collect separately, including information you have provided to other organizations as well as public information. All of this information will help us to better understand your needs and how we can improve our products and services. Personal information you provide us related to employment consideration will only be used to consider your candidacy for employment.
If we would like to use your personal information for any purposes other than those described, we will obtain your prior consent.
We have not sold any personal information in the previous 12 months and do not sell your information.
HOW LONG WE KEEP YOUR PERSONAL INFORMATION
We typically only retain your information for as long as necessary to realize our legitimate business purposes and to comply with the law.
HOW WE SHARE AND DISCLOSE YOUR INFORMATION
We do not sell or lease your data to third parties for their direct marketing use. However, we may share your information with people and organizations we trust who need your information in order for us to operate our Online Services or perform other services related to the running of our business and providing out products and services.
In addition, we may send your personal information collected through our Sites to other companies or people under any of the following circumstances:
- When we have your consent to share the information (if required under local law);
- In connection with the sale, merger, divestiture, reorganization or any other corporate transaction involving us;
- To third party service providers who help us with our business operations or other aspects of our business; and
- For data and customer relations management, passing your data to our contracted service providers.
We reserve our right to disclose your personal information if we have a good faith belief in our sole discretion that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Legal Notice and terms of Program participation, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of Harvey, its users or the public as required or permitted by law. You cannot opt out of disclosure of your personal information if required by lawful order. We do not share the information you provide with third parties for their direct marketing purposes.
If we would like to share your personal information for any purposes other than those described, we will obtain your prior consent.
HOW WE KEEP YOUR INFORMATION SAFE
Harvey safeguards the personal information you send us and takes reasonable physical, technical, and organizational measures to prevent unauthorized access, unlawful processing, and unauthorized or accidental loss, destruction, or damage to your personal information. We use industry-standard efforts to safeguard the confidentiality of personally identifiable information, including encryption, firewalls and SSL (Secure Sockets Layer).
VISITING OUR SITES FROM OUTSIDE THE UNITED STATES
If you are visiting our Online Services from outside the United States, please be aware that your information will typically be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. Please be assured that we seek to take reasonable steps to ensure that your privacy is protected. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Notice.
VISITING OUR SITES FROM THE EUROPEAN ECONOMIC AREA (EEA)
The Legal Basis for Using European Personal Information
When we collect information about you through our Sites apart from when you apply for employment with us through our Online Services, the legal basis on which we process your personal information is our legitimate interests, namely, to provide you with communications and other information marketing our services.
When we collect information about you when you apply for employment with Harvey through our Online Services, the legal basis on which we process your personal information is because it is necessary for the performance of the service you are requesting, namely, for us to consider your candidacy for employment.
If we have received your personal information in some other way and wish to provide you with the Harvey communications and other information marketing our services, we will do so only on the basis of your consent.
INFORMATION RIGHTS, CHOICES AND CHANGES
If you have submitted personal information to us through our Online Services, you may review, correct and request deletion of your personal data by updating your account profile or emailing us at [email protected]
You may modify your communication preferences and/or opt-out from specific communications from our Sites at any time. Please specify and adjust your preferences by clicking the “Manage Email Preferences” link of any email you receive or by contacting us at [email protected] Please be aware that if you opt out, we may still send you non-marketing emails such as communications regarding your account(s) and our business dealings with you.
Rights and Choices for EEA Residents
In addition, if you are a resident of the EEA, you have the right to:
- Find out if we use your personal information, to access your personal information, and receive copies of your personal information.
- Withdraw your consent to the processing of your personal information at any time without penalty.
- Access your personal information and have it corrected or amended if it is inaccurate or incomplete.
- Obtain a transferable copy of some of your personal information which can be transferred to another provider when the personal information was processed based on your consent.
- If you believe your personal information is inaccurate, unlawful, no longer necessary for our business purposes, or if you object to our processing of your personal information, you also have the right to instruct us to restrict the processing of your data pending our investigation and/or verification of your claim.
- Request your personal information be deleted or restricted under certain circumstances. For example, if we are processing your personal information on the basis of your consent and has no other legal basis to use such, you may request your personal information be deleted when you withdraw your consent.
If you wish to exercise any of these rights, or raise a complaint on how we have handled your personal information, please contact us at the details below.
If you are not satisfied with our response, or believe we are processing your personal information in violation of the law, you have the right to lodge a complaint with the Supervisory Authority (also known as Data Protection Authority) in your EEA country.
California Privacy Rights
California Shine the Light Law: California Civil Code Sections 1798.83-1798.84, permits California residents to request certain information regarding and/or opt-out of our disclosure of personal information to third parties for their direct marketing purposes. If you are a California resident and would like to make such a request, please submit a written request to the following address: [email protected] We will respond to one request per California customer each year, and we do not respond to requests made by means other than as set forth above.
California Minor Content Removal: California residents under the age of 18 you are registered users of our Services may ask us to remove content or information that you have posted to our Services by contacting us. Please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted by another user.
California Do Not Track Disclosure: Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not respond to Web browser “do not track” settings or signals. We deploy cookies and other technologies on our Service to collect information about you and your browsing activity, even if you have turned on the Do Not Track signal. At this time, we do not respond to Do Not Track browser setting or signals. For information about Do Not Track, please visit: www.allaboutdnt.org.
California Consumer Privacy Act (“CCPA”): As of January 1, 2020, the CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: sales, identifying the personal information categories that each category of recipient purchased; and
- Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
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 (see Exercising Access, Data Portability, and Deletion Rights), 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, 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 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.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Emailing us at [email protected] with a subject line pertaining to the request type you are submitting, such as, “Deletion Rights Request.”
Calling us at 844-393-8665.
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.
You may only make a verifiable consumer request for access or data portability 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 the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time up to 90 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.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, 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 verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
If you have any questions, comments or concerns regarding this Privacy Notice, or if you would like to correct, update, or delete personally identifiable information you have submitted to us, please contact us at:
Harvey Performance Company
428 Newburyport Turnpike
Rowley, MA 01969-1729