Effective: January 1, 2020
Welcome to the website of Hoist Material Handling, Inc. ("Hoist," also referred to herein as "us," "we" and "our"). Thank you for your interest in the forklifts and other products, parts, and services advertised on our websites.
- Collects information about you;
- What kinds of information we collect about you;
- How we use your information;
- How we share your information with others;
- How we protect your information; and
- The choices you have about the collection and use of your information.
How Can I Contact Hoist?
You may contact Hoist by sending an email to Hoist at email@example.com or by contacting us at:
Attn: Legal Dept./Privacy
Hoist Material Handling
5559 Inwood Drive
Columbus, IN 47201
Overview of Our Privacy Policies
Your Agreement with Hoist
Children and Eligibility to Use the Offerings
Hoist’s Offerings are intended for use by adults and is not directed to minors under the age of 18. Children (under the age of 18) are not eligible to use the Offerings. If you are under the age of 18, you may not use the Offerings.
Consistent with the Children’s Online Privacy Protection Act of 1998 (COPPA), Hoist does not knowingly collect personally identifiable information from children under the age of 13 without parental consent. If we learn that personally identifiable information of a child under the age of 13 has been submitted via or appears on or within the Offerings, Hoist will take all action necessary to comply with our responsibilities under applicable legal requirements, which may include deletion of any such information. In any event, children should not submit any personal information to us. If you are a minor, you may have the ability to request removal of certain content or information from the Offerings. If you wish to request the removal of content or information you have posted on the Offerings, you may do so by contacting Hoist at firstname.lastname@example.org.
Hoist’s Collection, Use & Sharing of Your Personal Data
Hoist may collect personal information (“Personal Data”) about you through your use of our Offerings, including when you provide information to us and when we automatically collect information about you when you access, use, or interact with the Offerings. Such processing is performed to provide you with the Offerings. In some instances, you may be able to choose what information to provide, but sometimes we require certain information for you to use and for us to provide you the Offerings.
Hoist relies on a number of legal bases to process the Personal Data we receive about you from your use of the Offerings, including where: (1) you have consented to the processing; (2) it is necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims; (3) it is necessary to protect your vital interests, or those of others when consent cannot be obtained in a timely way; and (4) you have expressly made the information public.
Where we process your Personal Data on the basis of consent, we will clearly obtain your opt-in consent. Where given, you may change or withdraw your consent at any time, on reasonable notice, subject to any applicable legal or contractual restrictions, by contacting us at email@example.com. We will inform you whether the provision of personal information is a statutory or contractual obligation and the possible consequences if you choose not to provide such personal information to us.
What Information Does Hoist Collect About Me, And How Is It Used?
Hoist may gather various types of information about you when you access or use our Offerings. Hoist may collect information about you in a variety of ways, including:
- Personal Information that allows you to be identified (“Personal Data’) that you provide to us, fill out a form providing personal and other information via the Offerings, sign up for our email newsletters, or purchase products, parts, or services from Hoist; we process information you provide to us on the legal basis of your consent to such processing.
- Information other than Personal Data that you provide to us, such as when you fill out a form providing personal and other information via the Offerings, sign up for our email newsletters, or purchase products, parts, or services from Hoist; we process information you provide to us on the legal basis of Hoist’s legitimate interests in performing the function or service you requested.
- Information we collect about you automatically, such as through analytics, Cookies, log file, and web beacon information; we use automatic data collection and analytics technologies to collect aggregate and user-specific information about your equipment, domain name, patterns of use, communication data and the resources that you access and use on the Ste, including your IP address, browsing, and navigation patterns; and
- Information collected from other websites and services, such as information collected via Cookies placed on your web browser or mobile device.
Hoist will generally use your information, including Personal Data when your consent to such use has been obtained, in the following circumstances.
- Operate, maintain, improve, administer, and provide the Offerings; we may use your information to improve and customize our Offerings, including sharing of your information for such purposes with third party Service Providers and we do so as it is necessary to pursue our legitimate interests of improving our Offerings for our Users. This is also necessary to enable us to pursue our legitimate interests in understanding how our Offerings are being used, and to explore and unlock ways to develop and grow our business. It is also necessary to allow us to pursue our legitimate interests in improving our Offerings, efficiency, interest in Offerings for Users and obtaining insights into usage patterns of our Offerings.
- Keeping Our Offerings Safe And Secure: We may also use your information for safety and security purposes, including sharing of your information with third party Service Providers for such purposes, and we do so because it is necessary to pursue our legitimate interests in ensuring the security of our Offerings, including enhancing protection of our community against spam, harassment, intellectual property infringement, crime, and security risks of all kind.
- Provide you with personalized content and information about Hoist and the Offerings; and
- Provide advertising and marketing, including customized and interest-based advertising;
Types of Information Hoist May Collect About You Include:
Hoist may collect Personal Data about you through your use of our Offerings in a number of ways, including information you provide to us by filling out an online form, by signing up for our email newsletters, or by providing the information to Hoist. Personal Data refers to information about you that may be used to identify you, such as your: first name, last name, addresses, locations, email or IP address, or phone number. You are not required to provide us with Personal Data, and you can decline certain transfers of Personal Data, if you wish. However, please be aware that if you choose to withhold certain Personal Data, you may not always be able to use the Offerings or certain features of the Offerings.
B.Hoist Account Information
You may visit the home page and a few pages of the Offerings containing general information without telling us who you are or revealing any Personal Data, about yourself. To access other areas or features of the Offerings, Hoist may require you to register for an account (a “Hoist Account”) and become a “Registered User”. Hoist may collect information about you in connection with your registration for your Hoist Account, which may include Personal Data, and other information. You may control the information made available in your Hoist Account, and determine what information you wish to make available to Hoist, by accessing your Hoist Account profile from the Offerings.
We receive and store information you provide to us, including Personal Data. If you send us correspondence via email, the postal service, or other form of communication, we may retain such correspondence and the information provided therein, and may use this information to respond to your inquiry or to provide notifications or other correspondences to you.
D.News, Promotional Emails, and Mailing List Information
If you elect to receive our newsletters, promotional emails, join our mailing lists, or provide your email address to us, we may send you correspondences about a variety of topics related to Hoist, such as news, events, new products, sales, and promotional offers from Hoist, our affiliates, or our business partners. By subscribing to our mailing lists, you agree to receive these newsletters and other correspondence which may include special offers or incentives from select partners.
If you no longer wish to receive such correspondence from Hoist or our partners, you may unsubscribe or opt-out of receiving these communications at any time according to information provided within the correspondence, or by contacting us using the contact information provided above.
E.Promotions, Sweepstakes, Surveys, and Contests Information
If you register for promotions or sweepstakes provided by Hoist or our partners, Hoist or our partners may send
you emails or other correspondence regarding the contest for which you registered, and for other contests, promotions, and sweepstakes. From time-to-time Hoist may also request information from our users via surveys or contests. Participation in these surveys or contests is voluntary and you therefore have a choice whether or not to disclose this information.
F.Public Sources & Other Public Information
Hoist may also collect Personal Data about you from other publicly available sources, for example, from newspapers,
blogs, instant messaging services, or from our vendors or Service Providers. For instance, we may receive Personal Data from third parties when we process credit card payments for you, or may obtain Personal Data about you from mailing or email list service providers. In addition, all Personal Data you make publicly available in any public or open forum, such as on a social network, or on an open Internet forum or website, will be considered public information for the purposes of this Policy, and may be accessed and collected by Hoist and others.
Please be aware that any content or information you choose to share with or provide to third parties using or related to your use of the Offerings are neither private, nor confidential. You should not hold any expectation of privacy with respect to Personal Data you share with third parties, and should review the applicable policies of any third parties with which you share Personal Data. Hoist is not responsible for any Personal Data you post or share with third parties. If you do not wish for certain Personal Data to be public, please do not share it.
In addition, we may access, index, and cache your website, or any portion thereof, including by automated means including Web spiders or crawlers to collect and process information which does not consist of Personal Data.
G.Analytics & Aggregate Information
We may also collect certain general, non-personal, or statistical information about you and your use of the Offerings through analytics. This may include such information as: (1) website traffic data detailing how many visitors access specific content within Offerings; (2) for how long you access certain content; (3) hyperlinks you access via the Offerings; and (4) the Internet domain address from which you visit the Offerings and analyze this data for trends and statistics. This information presents an overview of our users’ aggregated demographic, preference, and usage habits, and allows us and our third party partners to improve our Offerings and to offer and optimize the provision of targeted information, promotions, offers, or discounts based on user traffic and behavior. However, once you are a Registered User or consent to providing Personal Data to us, this information is linked to you personally.
We may combine certain information collected from or about you and aggregate it with information collected from other users to analyze users’ use of the Offerings and improve the quality and value of the Offerings. We may share this aggregated, anonymized data stripped of all personally identifying characteristics and of all Personal Data with third party Service Providers in order to improve the quality and value of the Offerings.
H.Cookies, Web Beacons And Other Tracking Technologies
Like many other websites, software services, and mobile applications, Hoist may automatically collect certain information and data from your browser or device through the use of “cookies,” “web beacons,” and other tracking technologies. Through these technologies we may collect information about your use of the Offerings and other online activity, including certain online activity after you leave the Offerings.
“Cookies” are small pieces of data used by websites and software services to identify repeat users, facilitate the user's ongoing logins and access to a software service or website, and facilitate use of the software service or website. Persistent cookies may remain on your device’s hard drive after you close your browser or device and may be used by your device on subsequent use of the Offerings. Persistent cookies can be removed by following the directions according to your particular device or web browser. Session cookies are temporary and disappear after you close your browser or device. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Offerings may not function properly if the ability to accept Cookies is disabled.
“Web beacons,” “pixel tags,” and “clear GIFs” (collectively, “Web Beacons”) are transparent pixel images embedded on webpages that are used in collecting information about website usage, email response, and tracking. Web Beacons are ordinarily not visible to users. Web Beacons allow us to count the number of users who have visited certain webpages, to deliver branded services, and to generate statistics about how the Offerings are used.
- provide and enhance the Offerings;
- remember information so that you will not have to re-enter it during your visit or the next time you visit the site;
- provide custom, personalized content, correspondences, and information;
- provide and monitor the effectiveness of the Offerings;
- monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns;
- diagnose or fix technology problems;
- capture technical information about users’ use of the Offerings, such as: Internet domain names and host names, IP addresses, browser and operating system information, clickstream patterns, access information, user-agent, HTTP referrer, last URL requested by the user, HOIST-side, and server-side clickstream;
- help you efficiently access your information;
- provide advertising to your browser or device; and
- provide automatic updates related to the Offerings to you.
We do not link such Cookies, log files, Web Beacons, Unique Identifiers or location data to your Personal Data until consent to providing Personal Data to us.
You have many choices with regards to the management of Cookies on your devices. All major browsers now allow you to block or delete Cookies from your system. We encourage you to learn more about your ability to manage Cookies and Web Beacons by consulting the privacy features of your devices and browsers.
When you use or access the Offerings, we may access, collect, monitor, store on your device, and/or remotely store one or more "Unique Identifiers," such as a universally unique identifier (or, “UUID”). These Unique Identifiers may be associated with your device. Unique Identifiers are small data files or similar data structures stored on or associated with your device that uniquely identify your device. A Unique Identifier may be data stored in connection with the device hardware, in connection with the device's operating system or other software, or via data sent to the device by Hoist. A Unique Identifier may convey information to Hoist or to a third party partner about how you browse and use the Offerings and may help us or others provide reports or personalized content and advertisements. A Unique Identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Offerings. Some features of the Offerings may not function properly if use or availability of Unique Identifiers is impaired or disabled.
J.Log File Information
Log file information may be automatically reported by your browser or device each time you make a request to
access the Offerings. When you use the Offerings, our servers may automatically record certain log file information, which may include your web request, Internet Protocol (“IP”) address, unique device IDs, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Offerings, domain names, landing pages, pages viewed, and other such information. Hoist may link this log file to other information Hoist collects about you via the Offerings. Hoist may use this information for marketing and advertising purposes.
In addition, Hoist reserves the right to use log files, IP addresses, Cookies, Web Beacons, and other tracking technologies to identify a user when Hoist: (1) feels it is necessary to enforce compliance with the Hoist Terms of Service; (2) to protect the Offerings and software, our customers or others; or (3) when Hoist believes in good faith that the law so requires.
When you access the Offerings, including visiting the Offerings or using any other website or mobile application software provided by Hoist within the Offerings and you consent to our processing of Personal Data, we may access, collect, monitor and/or remotely store “location data,” which may include your address, postal code, GPS coordinates (e.g. latitude and/or longitude), or similar information regarding the location of you or your computer or other device (“Location Information”). Your Location Information allows us to provide information about Hoist and our dealers in your area. Location Information may convey to us information about how you browse and use the Offerings. Some features of the Offerings, particularly location-based services, may not function properly if use or availability of Location Information is impaired or disabled or your consent to the processing thereof is not given.
How Hoist Shares Your Personal Data
How Does Hoist Share My Personal Data With Others?
Hoist does not share, sell, rent, or otherwise disclose your Personal Data to third parties without your consent. By consenting to the processing of your Personal Data, Hoist may share Personal Data or other information about you with third parties for the following purposes and circumstances:
- To Provide the Offerings: to provide a service you have requested, including sharing the Personal Data with companies or organizations connected or affiliated with Hoist, such as subsidiaries, sister-companies, and parent companies;
- If You Violate the Terms: your use of the Offerings, in our view, violates usage guidelines for specific products or services; and
- Publicly Available Information: The information to be disclosed is publicly available.
If Hoist becomes aware that any authorized party is improperly using or disclosing Personal Data, we will take commercially reasonable steps to end or correct such improper use or disclosure.
Hoist May Also Disclose Your Information For The Following Purposes & Circumstances:
A.To Hoist Personnel
Hoist’s personnel and authorized partners may have access to your Personal Data as needed to operate the Offerings in the normal course of business.
B.To Our Service Providers
C.To Our Dealers
- Third-Party Advertisements
Hoist may utilize the services of third-party advertising companies, including Google and others, to serve ads to you
when you visit our Offerings, or to perform remarketing services on other sites across the Internet. These third parties may collect certain information about your use of the Offerings and may use technology like Cookies to store information about your use of the Offerings to improve the marketing and advertisements provided to you. The information collected may be reported back to us, and we may link this information to other non-identifiable information we have collected about you. More information about interest-based advertising and similar practices may be available at http://www.networkadvertising.org/consumer/opt_out.asp. If you wish to not have this data used for the purpose of serving you targeted ads, you may opt-out by contacting us at firstname.lastname@example.org.
E.As a Part of Business Transfers
Hoist may purchase other businesses or their assets, sell our business assets, merge into or with another entity, change its legal structure, or enter bankruptcy. Personal Data is commonly a business asset involved in such transactions. Please be aware that your Personal Data and Hoist Account information may be among the transferred assets in the event Hoist or all or a portion of its assets are sold or acquired or if Hoist is otherwise subject to the foregoing transactions.
F.To Financial Institutions
For certain Offerings or promotions, Hoist may make your Personal Data available to one or more financial institutions in order to fulfill and carry out the purchase and provision of goods and services requested by you. By providing your Personal Data to us for these purposes, you authorize us to exchange your Personal Data with such financial institutions.
G.Pursuant to Lawful Requests
We may be required to disclose user Personal Data pursuant to lawful requests, such as subpoenas, warrants or court orders, or in compliance with applicable laws. We generally do not reveal Personal Data until we have a good faith belief that an information request by law enforcement meets applicable legal standards. Additionally, we may share other Personal Data when we believe it is necessary to comply with applicable laws, to protect our rights, to prevent fraud or other illegal activity perpetrated through the Offerings, or to prevent bodily harm. This may include sharing information with other organizations, lawyers, agents or government agencies.
H.For the Protection of Hoist and Others
Hoist fully cooperates with law enforcement agencies in identifying those who may use our Offerings for illegal activities. Hoist also reserves the right to report to law enforcement agencies any activities Hoist reasonably believes, in its sole discretion, to be unlawful.
How Hoist Protects Your Personal Data
How Does Hoist Secure My Personal Data?
The Offerings has security measures in place to protect against the loss, misuse and alteration of Personal Data under our control. Hoist takes reasonable efforts to secure and protect the privacy, accuracy, and reliability of your Personal Data and to protect such Personal Data from loss, misuse, unauthorized access, disclosure, alteration and destruction. Hoist implements security measures as we deem appropriate and consistent with industry standards to protect Personal Data. However, since no data security protocol is impenetrable, Hoist cannot guarantee the security of our systems or databases, nor can we guarantee that Personal Data we collect about you will not be breached, intercepted, destroyed, accessed, or otherwise disclosed without authorization. As a result, any Personal Data you transfer to or from Offerings is provided at your own risk. Please do your part to help us keep your Personal Data secure. You are responsible for controlling access to emails between you and Hoist, at all times.
Are My Communications With Hoist Secure?
Communications you may have with us via email or postal mail generally should not be considered secure, unless we advise you that specific security measures are in place prior to your sending information. Therefore, we request that you do not send or post sensitive information through these means. You assume the risk that your communications with Hoist may not be secure.
What If There is a Data Security Incident?
In the event any information under our control is compromised as a result of a breach of security or other data security incident, Hoist will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose Personal Data may have been compromised and take other steps, in accordance with applicable laws and regulations.
Your Choices About Your Personal Data
You may benefit from a number of rights in relation to your Personal Data that we process. Some rights apply only in certain limited cases, depending on your location. If you would like to consult, manage, change, limit, or delete your Personal Data, you can do so by contacting us. Upon request, Hoist will provide you with information about whether we hold any of your Personal Data. Where we process your Personal Data, you may also have a right to restrict or limit the ways in which we use your Personal Data. You also have the right to request the deletion of your Personal Data, and to obtain a copy of your Personal Data in an easily accessible format.
Do I Have Access to the Personal Data Hoist Has Collected About Me?
You do. Hoist welcomes you to contact us regarding the Personal Data we have collected about you via email at email@example.com or using the contact information provided above, including regarding:
- Whether Hoist is keeping Personal Data about you;
- The accuracy and completeness of the Personal Data Hoist is keeping;
- To correct the Personal Data that Hoist is keeping about you;
- How Hoist is using or sharing your Personal Data with others;
- To update or delete your Personal Data; and
- To opt-out of the collection and use of your Personal Data.
To the extent that such rights are mandated by the laws applicable to the individual data subject, such as all data subjects residing in the European Union (“EU”), the following rights may apply: the right to access (GDPR, Article 15); the right to rectification (GDPR, Article16); the right to erasure (GDPR, Article 17); the right to restrict processing (GDPR, Articles 18); the right of object (GDPR, Article 21); and if applicable, the right to data portability (GDPR, Article 20). You may also have a right to lodge a complaint with an appropriate data privacy regulatory authority (GDPR, Article 77).
When you contact us, please be sure to specify the details of your request, explaining any correction or change to your Personal Data, and providing any relevant confirmation or reference number. We may require proof of your identity before we provide you with the requested Personal Data.
Please note that if you choose to delete your Personal Data or opt-out of the collection and use of your Personal Data, you understand that certain features or services, including but not limited to access to the Offerings, may no longer be available to you, and that Hoist specifically reserves the right to terminate your access to the Offerings and any contract you have with Hoist related to the Offerings.
Can I Opt-Out of Communications from Hoist?
You can unsubscribe from email communications from us by clicking on the "unsubscribe” link provided within the communication.
How Long Does Hoist Keep My Personal Data?
We may store the Personal Data we collect about you for as long as necessary to fulfill the purposes for which the Personal Data was collected, or as otherwise required by law.
Hoist may retain your Personal Data for a commercially reasonable time for backup, archival, and audit purposes.
Additional Provisions Regarding the Offerings & Your Personal Data
Transfer and Storage of Your Personal Data
The United States, European Economic Area (“EEA”) Member States, and other countries all have different laws relating to privacy and data protection. When your Personal Data is moved from your home country to another country, the laws and rules that protect your Personal Data in the country to which your Personal Data is transferred may be different from those in the country in which you live. For example, the circumstances in which law enforcement can access personal information may vary from country to country. In particular, if your Personal Data is in the United States, it may be accessed by government authorities in accordance with U.S. law.
Does Hoist Warranty Information It Provides Via The Offerings?
No. Access to the information provided by the Offerings is provided by Hoist as a service to its customers, website visitors, and users of its Offerings, without warranty of any kind. References herein to any product, process, or service do not constitute or imply endorsement or recommendation by Hoist. While Hoist makes every effort to present accurate and reliable information on the Offerings, Hoist does not approve or certify such information and does not guarantee the accuracy, completeness, efficacy, timeliness, or sequencing of such information. Your use of such information is voluntary, and reliance on it should only be undertaken after an independent review of its applicability, accuracy, completeness, efficacy, and timeliness with regard to your specific needs and uses. Hoist (including its employees, mandataries and agents) is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to or reliance on the information available through the Offerings. No approvals, recommendations, endorsements, guarantees, or warranties, including, but not limited to, any express or implied warranties of merchantability or fitness for any particular use or purpose of products or services named through the Offerings are made by Hoist (or, in Quebec, the legal warranties of title and quality under the Civil Code of Quebec), all of which are expressly disclaimed and waived.
How Can I Safely Use Hoist’s Offerings?
Despite Hoist’s safety and privacy controls, we cannot guarantee that the Offerings are entirely free of illegal, offensive, pornographic, or otherwise inappropriate material, or that you will not encounter inappropriate or illegal conduct from other users when using the Offerings. You can help Hoist by notifying us of any nudity or pornography, or harassment, or unwelcome contact by emailing us at firstname.lastname@example.org. We need all users’ help to report suspicious people and inappropriate content they encounter on Hoist.
Remember that although using fake names is a violation of the Hoist Terms of Service, people may not always be who they say they are. You should always be careful when contacting people you do not know in the real world. It is always risky to meet anyone in person whom you don’t know through real world friends. The following are important safety tips for using Hoist’s Offerings:
- Be cautious about posting and sharing personal information, especially information that could be used to identify you or locate you offline;
- Report users and content that violate our Terms of Service; and
- Block and report anyone that sends you unwanted or inappropriate communications.
We do not provide the technologies used to build the Site, and therefore neither recommend nor endorse the same. Any information regarding identified technologies, including their capabilities, limitations, and applications, should be sought directly from their manufacturers. We hereby disclaim any rights to trademarks, service marks, trade names, logos, copyrights, patents, domain names or other intellectual property interests of third parties.
Links to Other Materials
We respond to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act.
What Is The Governing Law And Jurisdiction Of This Agreement?