Privacy Policy

Last updated: July 14, 2023

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

 

CCPA PRIVACY POLICY
This CCPA Privacy Policy describes HD Hyundai Construction Equipment North America Inc. (“HCE-NA”) practices regarding the collection, use, and disclosure of the personal data of
California residents, describes the rights of California residents under the California Consumer Privacy Act of 2018 (“CCPA”), and explains how California residents may contact HCE-NA to
exercise those rights. This CCPA Privacy Policy only applies to the personal data of California residents.

CATEGORIES OF PERSONAL DATA COLLECTED AS A BUSINESS
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer
or Device. The following is a list of categories of Personal Data which we may collect or mayhave been collected from California residents within the last twelve (12) months. Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of Personal Data were in fact collected by Us, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of Personal Data would only be collected if You provided such Personal Data directly to Us.

• Category A: Identifiers
  • Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver’s license number, passport number, or other similar identifiers.
  • Collected by Us: Yes
•  Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
  • Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
  • Collected by Us: Yes
•  Category C: Protected classification characteristics under California or federal law
  • Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
  • Collected by Us: No
• Category D: Commercial information
  • Examples: Records and history of products or services purchased or considered.
  • Collected by Us: No
•  Category E: Biometric information
  • Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
  • Collected by Us: No
•  Category F: Internet or other similar network activity
  • Examples: Interaction with our Service or advertisement.
  • Collected by Us: Yes
•  Category G: Geolocation data
  • Examples: Approximate physical location.
  • Collected by Us: No
•  Category H: Sensory data
  • Examples: Audio, electronic, visual, thermal, olfactory, or similar information.
  • Collected by Us: No
•  Category I: Professional or employment-related information
  • Examples: Current or past job history or performance evaluations.
  • Collected by Us: No
•  Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))
  • Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
  • Collected by Us: No
•  Category K: Inferences drawn from other personal information.
  • Examples: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
  • Collected by Us: No

Personal Data as used in this California Privacy Notice does not include:

• Publicly available information from government records;
• Deidentified or aggregated consumer information; and
• Information excluded from the CCPA’s scope, such as:
  • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data
  • Personal Data covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

 

SOURCES OF PERSONAL DATA
We obtain the categories of personal data listed above from the following categories of sources:

• Directly from You. For example, from the forms You complete on our Service, preferences You express or provide through our Service.
• Indirectly from You. For example, from observing Your activity on our Service.
• Automatically from You. For example, through cookies We or our Service Providers set on Your Device as You navigate through our Service.
• From Service Providers. For example, third-party vendors to monitor and analyze the use of our Service, or other third-party vendors that We use to provide the Service to You.

 

USE OF PERSONAL DATA FOR BUSINESS PURPOSES OR COMMERCIAL PURPOSES 
We may use or disclose personal data We collect for “business purposes” or “commercial purposes” (as defined under the CCPA), which may include the following examples:

• To operate our Service and provide You with our Service.
• To provide You with support and to respond to Your inquiries, including to investigate and address Your concerns and monitor and improve our Service.
• To fulfill or meet the reason You provided the information. For example, if You share Your contact information to ask a question about our Service, We will use that Personal Data to respond to Your inquiry.
• 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 Data or as otherwise set forth in the CCPA.
• For internal administrative and auditing purposes.
• To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity, including, when necessary, to prosecute those responsible for such activities.

Please note that the examples provided above are illustrative and not intended to be exhaustive. For more details on how we use this information, please refer to the “Use of Your Personal Data” section.

DISCLOSURE OF PERSONAL DATA FOR BUSINESS PURPOSES OR COMMERCIAL PURPOSES

We may use or disclose and may have used or disclosed in the last twelve (12) months the
following categories of personal data for business or commercial purposes:

• Category A: Identifiers;
•  Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e));
• Category F: Internet or other similar network activity.

Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal data were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that data from the applicable category may be and may have been disclosed.

When We disclose personal data for a business purpose or a commercial purpose, We enter a contract that describes the purpose and requires the recipient to both keep that personal data confidential and not use it for any purpose except performing the contract.

SALE OF PERSONAL DATA
As defined in the CCPA, “sell” and “sale” mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s Personal Data by the business to a third party for valuable consideration. This means that We may have received some kind of benefit in return for sharing Personal Data, but not necessarily a monetary benefit.

Please note that HCE-NA will not sell Your personal data to a third party.

SHARE OF PERSONAL DATA
We may share Your Personal Data identified in the above categories with the following categories of third parties:

• Service Providers;
• Our affiliates;
• Our business partners; and
• Third party vendors to whom You or Your agents authorize Us to disclose Your Personal Data in connection with products or services We provide to You.

SALE OF PERSONAL DATA OF MINORS UNDER 16 YEARS OF AGE
We do not knowingly collect Personal Data from minors under the age of 16 through our Service, although certain third-party websites that we link to may do so. These third-party websites have their own terms of use and privacy policies, and we encourage parents and legal guardians to monitor their children’s Internet usage and instruct their children to never provide information on other websites without their permission.

We do not sell the Personal Data of Consumers We actually know are less than 16 years of age, unless We receive affirmative authorization (the “right to opt-in”) from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to the sale of Personal Data may opt-out of future sales at any time. To exercise the right to opt-out, You (or Your authorized representative) may submit a request to Us by contacting Us.

If You have reason to believe that a child under the age of 13 (or 16) has provided Us with Personal Data, please contact Us with sufficient detail to enable Us to delete that information.

YOUR RIGHTS UNDER THE CCPA
The CCPA provides California residents with specific rights regarding their Personal Data. If You are a resident of California, You have the following rights:

• The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
• The right to request. Under CCPA, You have the right to request that we disclose information to You about Our collection, use, sale, disclosure for business purposes and share of Personal Data. Once we receive and confirm Your request, We will disclose to You:
  • The categories of Personal Data We collected about You;
  • The categories of sources for the Personal Data We collected about You;
  • Our business or commercial purpose for collecting or selling that Personal Data;
  • The categories of third parties with whom We share that Personal Data;
  • The specific pieces of Personal Data We collected about You; and
  • If we sold Your Personal Data or disclosed Your Personal Data for a business purpose, We will disclose to You:
    • The categories of Personal Data categories sold; and
    • The categories of Personal Data categories disclosed.
  •  §7024(h). The request to know rules.
    • You have the option to request information for a specific period.
      • A consumer may request for the personal information collected beyond the 12 months, as long as it was collected on or after January 1, 2022, and the business shall be required to provide that information unless doing so proves impossible or would involve a disproportionate effort.
•  The right to say no to the sale of Personal Data (opt-out). You have the right to direct Us to not sell Your Personal Data. To submit an opt-out request please contact Us. The right to delete Personal Data. You have the right to request the deletion of Your Personal Data, subject to certain exceptions. Once We receive and confirm Your request, We will delete (and direct Our Service Providers to delete) Your Personal Data from our records, unless an exception applies. We may deny Your deletion request if retaining the information is necessary for Us or Our Service Providers to:
  • Complete the transaction for which We collected the Personal Data, 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 et. 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.
• The right to correct. You may ask Us to correct inaccurate information that We may have about You.
  • After receiving a request to correct the information, HCE-NA has at least 10 business days to confirm receipt of the request and provide information about how the business will process the request.
  • HCE-NA must respond to the request within 45 calendar days, and HCE-NA can extend that deadline by another 45 days, which makes a total of 90 days to respond to the request.
    • HCE-NA disclosing the specific pieces of personal information that the business maintains and has collected about the consumer to allow the consumer to confirm that the business has corrected the inaccurate information is not considered a response to a request.
  •  HCE-NA may deny the request to correct information if:
    • HCE-NA cannot verify the identity of the requestor.
      • HCE-NA determines that the contested personal information is more likely than not accurate based on the totality of the circumstances, which includes the nature of the personal information, how the business obtained the contested information, and documents relating to the accuracy of the information.
      • HCE-NA previously denied the consumer’s request to correct the same alleged inaccuracy within the past 6 months of receiving it.
• The right to limit. You may request to limit the business to only use your sensitive personal information for limited purposes.
  • Sensitive personal information includes social security number, financial account information, your precise geolocation data, or your genetic data.
  • You may requests to limit the use of sensitive personal information for limited purposes identified in Civil Code section 1798.121.
  • If HCE-NA collects consumers’; personal information other than the purpose identified in Civil Code section 1798.121, it must provide two or more submission methods.
    • At least one of the methods needs to reflect how the business primarily interests the consumer.
  • HCE-NA may deny the request to limit the use and disclosure of sensitive personal information if:
    • HCE-NA has a good faith, reasonable, and documented belief that a request to limit is fraudulent.
  • Once HCE-NA receives the request to limit the consumer’s personal information:
    • The information must cease to be used and disclosed no later than 15 business days from the date HCE-NA received the request.
    • HCE-NA must notify all the service providers and third parties to whom the HCE-NA has disclosed (the same time frame stated above applies.)
  • Except as allowed by these regulations, HCE-NA shall wait at least 12 months from the date the consumer’s request to limit is received before asking a consumer who has exercised their right to limit to consent to the use or disclosure of their sensitive personal information for purposes other than those outlined in Civil Code section 1798.121.
• The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your consumer’s rights, including by:
  • Denying goods or services to You;
  • Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties;
  • Providing a different level or quality of goods or services to You;
  • Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services.

 

EXERCISING YOUR CCPA DATA PROTECTION RIGHTS

In order to exercise any of Your rights under the CCPA, and if You are a California resident, You can contact Us:

• By visiting this page on our website: https://na.hd-hyundaice.com/contact-us

Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable request related to Your Personal Data.

• Your request to Us must:
  • Provide sufficient information that allows Us to reasonably verify You are the person about whom We collected Personal Data or an authorized representative; and
  • 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 the required information if we cannot:

• Verify Your identity or authority to make the request; and
• Confirm that the Personal Data relates to You.

We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonable necessary and with prior notice.

Any disclosures We provide will only cover the 12-month period preceding the verifiable request’s receipt.

For data portability requests, We will select a format to provide Your Personal Data that is readily useable and should allow You to transmit the information from one entity to another entity without hindrance.

DO NOT SELL MY PERSONAL DATA
You have the right to opt-out of the sale of Your Personal Data. Once We receive and confirm a verifiable consumer request from You, we will stop selling Your Personal Data. To exercise Your
right to opt-out, please contact Us.

The Service Providers we partner with (for example, our analytics or advertising partners) may use technology on the Service that sells Personal Data as defined by the CCPA law. If you wish to opt out of the use of Your Personal Data for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.

Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that You use.

WEBSITE
You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:

• The NAI’s opt-out platform: https://www.networkadvertising.org/choices/
• The EDAA’s opt-out platform https://www.youronlinechoices.com/
• The DAA’s opt-out platform: https://optout.aboutads.info/?c=2&lang=EN

The opt out will place a cookie on Your computer that is unique to the browser You use to opt out. If you change browsers or delete the cookies saved by your browser, You will need to opt out again.

MOBILE DEVICES
Your mobile device may give You the ability to opt out of the use of information about the apps You use in order to serve You ads that are targeted to Your interests:

• “Opt out of Interest-Based Ads” or “Opt out of Ads Personalization” on Android devices;
  or
• “Limit Ad Tracking” on iOS devices

You can also stop the collection of location information from Your mobile device by changing the preferences on Your mobile device.

“DO NOT TRACK” POLICY AS REQUIRED BY CALIFORNIA ONLINE PRIVACY PROTECTION ACT (CALOPPA)
Our Service does not respond to Do Not Track signals.

However, some third-party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.

CHILDREN’S PRIVACY
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

CALIFORNIA PRIVACY RIGHTS (CALIFORNIA’S SHINE THE LIGHT LAW)
Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.

If you’d like to request more information under the California Shine the Light law, and if You are a California resident, You can contact Us using the contact information provided below.

CALIFORNIA PRIVACY RIGHTS FOR MINOR USERS (CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 22581)
California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.

To request removal of such data, and if You are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.

Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

LINKS TO OTHER WEBSITES
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review
the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

CHANGES TO THIS PRIVACY POLICY
We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

CONTACT US
If you have any questions about this Privacy Policy, You can contact us:

• By visiting this page on our website: https://na.hd-hyundaice.com/contact-us

 

CCPA Request Form