Introduction

The following Privacy Policy (the “PP”) form a binding agreement between OHM Americas, LLC / OHM Power Solutions (hereinafter “Company,” “We,” “Our,” and “Us”) and You. You understand that by using the Service, You consent and agree to the collection and use of certain information about You and Your use of the Service in accordance with our Privacy Policy, which is incorporated herein by reference.

For this Policy, we also define “Service” as information provided to the end-user on our site and any other information provided to the end-user and in response to a request from the end-user.

Your security is our leading priority, and we take industry-standard precautions to protect Your information. In any financial transaction made through or site, we use the industry leading payment services so that no unauthorized persons can read the payment data You have entered online, and we do not store Your credit card information on our servers; all payment processing is done via Authorized Payment Services according to their Privacy Policy and Terms of Service.

Your Information

For purposes of this Privacy Policy and any agreement with Company that incorporates them by reference, “Personal Data” is defined as personally identifying information, including but not limited to a username, account number, e-mail address, IP information and any personally identifying information entered by a User on the Services including name, age, gender, address, and payment information; to provide you with the Services you wish to obtain through Company, we may also obtain uploaded, compressed and/or edited photographs as well as information related thereto such as the time and date the picture was taken, and the location thereof, and associate that data with your account.

“Special Categories of Personal Data” is defined as any demographic data that may be collected about You; if we collect such data, You consent to our use, storage, retention and processing of data included in these Special Categories of Personal Data in the same way that We use, store, retain and process Your Personal Data, and agree that the term Personal Data as used herein includes Special Categories of Personal Data and Interactive Data, as defined below.

We may also collect “Interactive Data”, meaning browser type, Internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows us to identify Your browser, mobile device, pages you visit, cell service/wifi provider or Your account (including, for example, a persistent device identifier or an Ad ID), and other similar information; You consent to such collection so that we can perform Services to You in connection with an Order (which is a contract between You and Us) and/or so we can provide You with relevant and/or requested Provided Content, data, information and Services. To improve our Services and avoid errors, we may obtain certain analytical information including records of the user sign in process, as well as login and logoff times, object loss metrics, test processes, button and action data and related information; such data may be shared with Instabug and/or Amplitude so we can provide You with the Services you want to receive, error-free.

Your Information, including Personal Data, is collected, stored, processed, used, and archived pursuant to this Privacy Policy.

In order to use Company Services, You may, from time to time, provide personally-identifying and other forms of information, including, but not limited to, your name, demographic data, e-mail address, phone number, and other contact information. In addition, if you make a purchase through our site, We and our third-party service providers may collect Your billing, shipping, and other information, and We may collect other supplemental information from third parties. You can always choose not to provide any information, but then You might not be able to take advantage of the Company’s products, data and/or services. Like most standard website servers, We use log files to collect Internet Protocol (“IP”) addresses, browser type, Internet Service Provider (“ISP”), referring/exit pages, platform type, and date/time stamp. We may use the information to analyze site usage, administer the site, understand usage and navigation trends in the aggregate, and determine the relevance of Content. IP addresses are also linked to personally identifiable information to improve the user’s experience when using the Website. Although We have no obligation to do so, We may also retain any e-mail, letter, or other correspondence between You and Company and any representative or agent thereof, to ensure quality control.

Information supplied by You to Company may be used to serve You and to operate and maintain Our Services, and in performance of any contract, You enter into with us, including any order placed via the Sites. For example, We may use the information to respond to Your requests, to customize future use of the Website for You, to improve our Website, to make recommendations to You, to remind You of past orders, and to communicate with You. We may use Your e-mail address or information without Your consent, for a range of purposes including managing, tracking, completing and confirming Your analysis, processing Your payment, marketing, quality of service and administrative purposes, and we reserve the right to share Your personally identifying information with any entity that You order products from via Company, as well as our staff/employees/contractors/team and a currency/credit card processing company whose role is to bill users for purchases made via Company. Those companies may or may not retain, share, store, or use personally identifiable information for secondary purposes. We reserve the right to partner with any third party to provide specific Services and process, store and organize Personal Data on our behalf.

We may use Your Personal Data in connection with information from You that is not Personal Data which we have collected in a manner such that the end-product does not personally identify You or any other user of the Service. We may make information that would otherwise be deemed Personal Data (e.g. the number of Users who have ordered from a particular partner, or who live in a particular zip code) non-personally identifiable by either combining it with information about other users (aggregating Your Personal Data with information about other users), or by removing characteristics (such as Your name or e-mail address) that make the information personally identifiable. This process is known as de-personalizing or anonymizing Your information.

Through this Privacy Policy, You grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use Your Personal Data in connection with the creation and development of analytical and statistical analysis tools relating to the use of the customer data we collect in providing the Service (the “Analytical Data”). We may share Your Personal Data with service providers that we engage for the purpose of processing information on our and Your behalf. For example, we may partner with other companies to process payments for the Service. Additionally, we may partner with other companies to process, analyze, and/or store data, including, but not limited to, Analytical Data. While providing services for us, these companies may access Your Personal Data. To the extent applicable, we require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures. You expressly authorize and consent that we can make any commercial use of the Analytical Data, including without limitation, sharing the Analytical Data with third parties.

We do not knowingly solicit, collect or process information from children who (a) are residents or citizens of the European Union and under the age where consent of a parent or legal guardian is required for the processing of Personal Data of children including e-mail addresses and IP addresses, as well as certain uses of cookies; or (b) users who are under the age of thirteen (13) and residents or citizens of any other country (an “Age-Barred Individual”).

In compliance with United States regulations regarding online privacy for children, Company does not knowingly solicit or collect information from children under the age of thirteen (13) or any other Age-Barred Individual.

Age-Barred Individuals are not permitted to have an account, use any Company website or app, or submit Content of any type to Company. By using the Service and/or submitting an order, You thereby confirm that You are eighteen (18) years old or older, and not an Age-Barred Individual.

By providing Personal Data (including e-mail and any other information) on or via one of Our forms You consent to the collection, storage, and processing of the data provided by You manually, as well as IP information which we may use for localization, corporate compliance, legal and auditing purposes, in connection with Company business purposes, such as data analysis, audits, fraud prevention, developing new Services and/or features, enhancing and improving our Services, documenting usage, analyzing and researching user trends and researching/documenting the effectiveness of any promotional campaign; and to our sharing of that information with the entity You ordered from, as well as our dispatch and analysis personnel for purposes of analyzing Your order, processing payment for that order, following up with You regarding Your order and making recommendations for future orders. You expressly consent to the storage of Your Personal Data in the United States, Canada, and other countries as Your Personal Data and other information may be stored and processed in any country where we have operations or where we engage service providers. We may transfer Personal Data that we maintain about You to recipients who are located, temporarily or permanently, in countries other than the country in which the Personal Data was originally collected. Those countries may have data protection rules that are different from those of Your country. However, we will take measures to ensure that any such transfers comply with applicable US data protection laws and that Your Personal Data remains protected to the standards described in this Privacy Policy. Your personal information may, therefore, be subject to privacy laws that are different from those in your country of residence. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access Your Personal Data. We will share personal information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce our Terms of Use, Privacy Policy, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Service, or (iv) such action is appropriate to protect the rights, property or safety of Company, its employees/contractors/officers/affiliates, users of the Service or others.

If You have any question about Company security, You can send an e-mail to support@ohmps.com.

Although We intend to use reasonable security safeguards to protect the security of personal information, WE HAVE LIMITED CONTROL AND WE CANNOT PROVIDE OR GUARANTEE COMPLETE SECURITY OF ANY INFORMATION; THEREFORE, Your POSTING OR TRANSMITTING PERSONAL INFORMATION IS DONE AT YOUR SOLE RISK. If there is a breach in the security of Company Services that impacts or involves Your Personal Data, We will contact You at Your then-current e-mail address; we are not responsible for contacting You in the event of a security breach by or at Your credit card company that does not involve Your Company account. The personal information you provide to us will allow us to run and operate our Service, such as to fulfill your order; maintain the integrity of the Service and the Content that we host; provide you with the Content that you are seeking; minimize spam; and for other legal and accounting/audit reasons; alert you of new products or services, features, or enhancements; handle your questions or issues; administer promotions, contests and sweepstakes; display relevant marketing to you; provide you software and application updates and upgrades; to combat fraud and abuse; and notify you of promotions, updates, or special offers that we think may interest you. We also use information in the aggregate to understand how our users as a group use the services and resources provided on our Service. We also use your e-mail address and phone number as part of the Service in sending you messages about the Service and other general announcements.

1. We collect personally identifying information such as Your IP address and e-mail address when You register for/create a user account with the Service, visit any of the sites and Services that are part of the Company family of sites, or use any of Company Services. We may use third-party services to store, process, or transmit data, or perform other technical functions related to operating the Service. These services may include spam detectors, backup services, icon hosting, and e-mail services; a list of third-party services is provided here. While we endeavor to ensure our service providers’ compliance with our privacy strictures, we cannot guarantee other services’ performance. We or the services we use store or process Your Personal Data in data centers located in the United States, Canada, and may subcontract processing to or share Your information with third parties located in countries other than those countries and/or Your home country. Your Personal Data may, therefore, be subject to privacy laws that are different from those in Your country of residence. Information collected within the European Economic Area (“EEA”) and Switzerland may, for example, be transferred to and processed by third parties identified above, located in a country outside of the EEA and Switzerland, where You may have fewer legal rights in relation to Your Information.
2. We will use Your e-mail address internally for purposes of managing Your account and maintaining site integrity; in the event the Service allows Users to share photographs, videos and/or comments, such Content will be connected to the User Name of the User submitting such Content; if at that time You agree to allow Your e-mail address and/or User Name to be public, it will be public; if You opt to make it public, everyone has the ability to access it and use it for any purpose. We may occasionally send e-mails to You from Company about Your account, Your orders, our recommendations to You, and news about Company that we reasonably believe to be of use to our registered users. By creating and maintaining a User Account on and with Company, You consent to receiving such e-mails. We reserve the right to reply to any e-mail message You send to Company and/or its personnel.
3. We may use your Personal Data in connection with information that we have collected in a manner such that the end-product does not personally identify you or any other user of the Service. We may make information that would otherwise be deemed Personal Data non-personally identifiable by either combining it with information about other users (aggregating your personal information with information about other users), or by removing characteristics (such as your name or e-mail address) that make the information personally identifiable. This process is known as de-personalizing or anonymizing your information.
4. Social Networking Sites. We may share the information in your account (including your personal information) with the SNS that you have linked to your account. The SNS have access to your personal information only for this purpose (unless the SNS has received your personal information independently of the Service) and not for other purposes. You may be able to post recent activity through the Service back to your SNS account. You will be prompted to decide whether or not your activity through the Service will be shared and disclosed on your SNS service.
5. We collect, process and retain the following data for the following reasons:
   1. E-mail Addresses: We collect e-mail addresses of and from those who communicate with us via e-mail and any Content or Personal Data included in e-mails to us, as well as whether You open e-mails or click the links contained in e-mails. We need this information so we can respond to You, and so we can handle questions about the Service, and for other legal and accounting/audit reasons, including maintaining the integrity of the Service and the Provided Content that we host.
   2. User-Specific Information: We collect data and information about what pages users access or visit including Your interactions with integral Service features such Orders and Your choices there, location information so we can direct You to Company near You, referral information (i.e. data about what site You are coming to the Service from and where You go to when You leave Company) and whether there are errors in displaying Provided Content to You. We need this information to maintain the integrity of the site, the Service and the Content that we host; to process Your orders and provide You with the items You ordered from our partners and third parties; to provide You with Content; to minimize spam; and for other legal and accounting/audit reasons.
      1. You consent to our collection, processing and retention of Your Personal Data, Your Content, and personal information (the “User Information”) connected therewith, when You submit Content via Company Services. You also acknowledge that we are collecting Your User Information pursuant to our performance of a contract between You and Company for Company to analyze Your Provided Content We need such consent because Your purpose in and reason for entering into the contract was for items/Provided Content to be analyzed for You. In order for Company to perform under the Contract, Your User Information also needs to be accessible to those on Company team who have access to our servers, code, algorithms and operations, and to Company management, Personnel, and legal and accounting support teams, to maintain the integrity of the Service, enforce these Terms of Service and maintain the integrity of the Service.
      2. In the unlikely event we allow Users to create public profile pages, You consent to our collection, processing, retention and display of Your user name to create said public profile page, and to our collection, processing, retention and display of any Personal Data and Content that You submit for inclusion on said Public Profile Page. We need such consent because Your purpose in and reason for including information in Your Profile is for that Personal Data and Content to be visible to the general public.

• In the event we allow Users to write and share comments, You consent to our collection, processing, retention and display of text that You submit as Reviews or Posts, as well as Your Personal Data associated therewith. We need such consent because Your purpose in and reason for submitting a comment is for that Content to be visible to the general public.

1. By and through Your use of the Services, You consent to our collection, processing, retention and use of Your IP address for a limited time; we need this consent to provide You with information about Company nearest to You, and other location-based services. Temporarily collecting, processing, and retaining IP addresses also enables us to conduct internal management of the Services, maintain server and Service integrity, and reduce spam. Certain IP information may be collected by the server for log purposes and used for limited technical assessments of the Service.
2. When You make a purchase via Company, You will be asked to freely give informed and unambiguous consent that the Personal Data that You submit in conjunction with Your Order (“Order Information”) can be collected, processed and retained for purposes of enabling You to use Services and tools that are available only to account-holders, as well as for site/Service integrity, legal and accounting/auditing purposes. Order Information includes Your credit or debit card number, card expiration date, CVV code, and billing/payment account address which are shared with payment services providers to process payments; prevent, detect, and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; and for other purposes associated with the acceptance of payment methods including credit or debit cards.
3. After You create an account with the Services, we may work with third parties on statistical modeling tools that enable us to recognize and contact You across multiple devices.

1. Logs of server interactions, as well as event logs, are collected and processed. Our servers automatically record information that Your browser sends whenever You visit the Service. This information includes Your Internet Protocol address, Your browser type and version, the search engine You used to find the Service, if any, referring and exit pages, date/time stamp and clickstream data, which Service You use and when and how long You use them. We use this information to monitor and analyze how users use the Service, to provide customer service, to maintain and improve the Service, and to gather demographic information about our user base as a whole. We need this information for legal and accounting/audit reasons, including maintaining the integrity of the Service and the Content that we host, and may use this information in our marketing and advertising services.
2. We use cookies to store visitors’ preferences; customize web pages based on visitors’ browser type or other information that the visitor sends; and record activity at the Service in order to provide better service when visitors return to our site. Cookies must be enabled for the Service to function properly with Your computer but can be turned off via the browser settings on each user’s computer.

Payment Information

If You submit content to be analyzed for You, You agree to that we can e-mail or message You the receipt and confirmation, analyze the images and/or data, and send You communications about other Content, information, data and/or items that You might be interested in, as well as information about Company Services, Company site policy updates and other matters concerning the management and integrity of Company. You further give informed and unambiguous consent that PII and SCPD submitted in connection with an Order can be collected, processed and retained for analysis and follow-up purposes, as well as legal and accounting/auditing purposes.

“Payment Information” includes Your credit or debit card number, card expiration date, CVV code, check payment information, and billing/payment account address. Payment Information is not retained or otherwise used at Company, but it is shared with payment services processors/providers. At any time we may work with payment service companies and their processing systems -- to process payments; prevent, detect and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; provide You with services and, if applicable, goods; and for other purposes associated with the acceptance of credit or debit cards.

Data Access

You may contact us at support@ohmps.com if You wish to obtain a copy of the Personal Data that we have collected about You; if the GDPR applies to You, You have the right to request a copy of the information that we hold about You. If You would like a copy of some or all of Your Personal Data, please e-mail or write to us at:

Company

OHM Americas, LLC

ATTN: Legal Dept.

3736 SW 30th Avenue

Ft. Lauderdale, FL 33312, USA

support@ohmps.com

We may make a small charge for this service upon subsequent requests.

We want to make sure that Your Personal Data is accurate and up to date. You may ask us to correct or remove information You think is inaccurate.

We cannot delete information in connection with orders You have placed for at least seven years as we must retain it for accounting and legal purposes.

Cookies and Other Technologies

Please see the document titled “OHM Cookie Policy” for more information.

ACCOUNT TERMINATION AND DELETION

If, for any reason, You terminate Your user account with us, we will destroy active records containing Your Personal Data as soon as reasonably possible. “Reasonably” here means no more than thirty business days from the termination of the account; however, we may have to retain some information for a longer period as legal records or for auditing purposes, as we need to retain data where we have a valid justification to hold on to it, such as to resolve disputes or comply with our legal obligations, or to so we know not to use it again pursuant to a User’s request.

If You are a resident or citizen of a country where the GDPR applies, and ask us to delete Your account, we will remove Your Personal Data from our Service, and then from our records in accordance with our data deletion cycle, except that we may retain Personal Data where we have a valid justification to hold on to it, such as to resolve disputes or comply with our legal obligations, or to so we know not to use it again pursuant to a User’s request.

If we terminate Your license to use the Service, we may retain enough information to prevent You from signing up for the Service in the future.

USE OF LOCATION-BASED SERVICES

Company may collect, use, transmit, process and maintain Your location data, including the geographic location of Your device, and You hereby consent that Company collection, use, transmission, processing, and maintenance of such location data to provide such services is permitted.

VIOLATIONS OF THE AGREEMENT

The Company reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation the right to block access to the Sites from a particular account, device and/or IP address.

CHANGES TO THE AGREEMENT

We may change this Agreement from time to time and without prior notice. If We make a change to this Agreement, it will be effective as soon as We post it, and the most current version of this Agreement will always be posted on our TOS page. If We make a material change to the Agreement, We will notify You. You agree that You will review this Agreement periodically. By continuing to access and/or use the Sites after We post Updated Terms, You agree to be bound by the Updated Terms, and if You do not agree to the Updated Terms, You will stop using the Sites. This Agreement will govern any disputes arising before the effective date of the Updated Terms.

As We continue to develop our business, We might sell or buy assets, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets, and accordingly, user information, including personal information collected from You through Your use of the Service, could be included in the transferred assets. If Company or any subsidiary thereof is acquired by, or merged with, any other entity, We reserve the right to assign or transfer any information that We have collected; and, for any bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or for any application of laws or equitable principles affecting creditors’ rights, Your information might be transferred or disclosed to third parties.

Contact Us

If you have any questions about this Privacy Policy, please contact us at support@ohmps.com.