California Privacy Statement

Effective: January 1, 2020

We are providing this notice to comply with the California Consumer Privacy Protection Act of 2018 (“CCPA”) and other applicable California statutes and any terms defined in the CCPA have the same meaning used in the statute.  This California Privacy Statement supplements the information contained in our general Privacy Policy published on our website at www.hoistlift.com (the “General Privacy Policy”) and applies only if information you submit to us is within the scope of the CCPA or other applicable California statute, which may be the case where we receive personal information from individuals in the State of California, USA.  In the event of any conflict between this California Privacy Statement and our General Privacy Policy, this California Privacy Statement shall prevail.

Personal Information We Collect

We have collected from California consumers within the last twelve (12) months preceding the effective date above, the types of information identified in the section of our General Privacy Policy entitled “Types of Information Hoist May Collect About You Include.”  The information we have obtained includes the following categories of personal information as defined in the CCPA:

Category

Examples

A. Personal identifiers

Name, addresses, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers

B. Personal information under the California customer records disposal law

Name and other Personal Identifiers identified above, signature, address, telephone number, bank account number, payment card number, or other financial information, and education, employment and employment history for employees and job applicants.

D. Commercial information

(1) Records of products or services purchased from Hoist or its affiliates, (2) information on actions taken on our websites or mobile apps, which may include information about services considered, and (3) information about consumer preferences and behavior that we collect on our websites and mobile apps or purchase from third parties in order to target consumers for digital advertisements or to personalize content we deliver on our websites and mobile apps.

F. Internet or other network activity

Browsing history, search history, information regarding a consumer's interaction with Hoist websites, applications, or advertisements on Hoist websites or mobile apps or on third party sites and apps.

G. Geolocation data

Physical Location Information as discussed in our General Privacy Policy.

H. Sensory data

Audio information from calls placed with customer service centers which may be recorded, and electronic information in the form of Internet or other network activity information as described above.

I. Professional or employment-related information.

Personnel information and current or past job history or performance evaluations for employees and job applicants.

 

K. Inferences drawn from other information

Inferences drawn from (1) the information we collect when a consumer visits our websites, uses our mobile applications, or interacts with tools, widgets or plug-ins related to Hoist Offerings or Hoist social media pages, (2) information we collect, including through third-party services, regarding content and other data posted on the Internet (such as public locations on the Internet), and (3) information about consumer preferences and behavior that we collect on our websites, mobile applications and other Offerings or obtain from third parties in order to create a profile about a consumer reflecting the consumer’s preferences, characteristics, predispositions, behavior, and attitudes.

 

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

Sources of Personal Information

We obtain the categories of personal information listed above from the sources identified in the section of our General Privacy Policy entitled “What Information Does Hoist Collect About Me, and How Is It Used?”  Types of Information we collect include the following categories of sources:

  • Directly from our customers. For example, from information that our customers provide to us related to the orders for products which they purchase from us or in connection with establishing an account with us.
  • Directly and indirectly from activity on our websites, mobile applications and other Offerings. For example, from submissions through our website or information collected automatically from use of our websites or mobile applications. 
  • From publicly available sources including mailing or email list service providers.
  • From our third party vendors or Service Providers, including payment processors.
  • From third-party website Analytics tools and cookies, Web Beacons and embedded tracking codes that collect information about visitor traffic on our website and mobile applications.

Purposes for Use of Personal Information

We may use or disclose the personal information we collect for the purposes identified in the section of our General Privacy Policy entitled “What Information Does Hoist Collect About Me, and How Is It Used?”  The business purposes for which we use collected personal information include one or more of the following:

  • providing our products and services to you or the business you represent (for example, if you provide us with personal information in order to place an order with us, we will use that information to process your payment, complete the sale and ship the product to you),
  • maintaining our business relationship and/or providing ongoing support, where you or the business you represent are a user of our Offerings, products or services or a customer or you otherwise engage with us for business purposes,
  • informing you about our products and services (including customized and interest-based advertising), and responding to your comments or requests for information,
  • enforcing any contracts that we enter into with you or the business you represent, or defending claims arising from such contracts,
  • operating, maintaining, improving, administering and providing our Offerings, including customizing, personalizing and optimizing Offerings and customer experience,
  • safety and security purposes, including where necessary to protect the rights, property or safety of us or other users or customers,
  • where we are obligated, or permitted, to do so by applicable law, regulation or legal process, including disclosure to customs or other governmental authorities, or
  • as described to you when collecting your personal information.

Sharing of Personal Information for Valuable Consideration or for a Business Purpose

We may share or disclose to third parties the personal information we collect for the business purposes identified in the section of our General Privacy Policy entitled “How Hoist Shares Your Information.”  When we disclose personal information to a third party for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we disclosed the following categories of personal information to a third party for a business purpose:

  • Personal Identifiers,
  • Personal Information under the California customer records disposal law,
  • Commercial Information,
  • Internet or other network activity,
  • Geolocation data,
  • Sensory data, or
  • Inferences drawn from other information.

We disclose your personal information for a business purpose to the following categories of third parties:

  • Service Providers engaged by us to provide services, such as delivery and logistics companies, payment processors, website hosts and other IT infrastructure providers, ad services, and third party Analytics providers to help us analyze information about the Users of our websites, mobile apps, advertisements, and other Offerings,
  • Our authorized sales and servicing dealer network,
  • Our affiliates, or
  • Third parties to whom you authorize us to disclose your personal information in connection with products we provide to you.

As is common practice among businesses that operate Internet websites, in the preceding twelve (12) months, we disclosed for monetary or other valuable consideration, qualifying as a sale under the CCPA, the following categories personal information:

  • Personal Identifiers,
  • Personal Information under the California Customer Records Disposal Law,
  • Commercial Information,
  • Internet or Other Network Activity,
  • Geolocation Data,
  • Sensory Data, or
  • Inferences Drawn from Other Information. 

We sell or disclose for monetary or other valuable consideration to the following categories of third parties:

  • Our authorized sales and servicing dealer network,
  • Our affiliates, or
  • Third parties to whom you authorize us to disclose your personal information in connection with products we provide to you. 

You may exercise your right to opt-out of the sale of your personal information to third parties by contacting us at the contact points below or by clicking the link below:

           Do Not Sell My Personal Information

Your California Privacy Rights and Choices

This section describes the specific rights afforded to California residents under the CCPA and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request 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, 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 your personal information for valuable consideration, a list identifying the personal information categories that each category of recipient purchased, and
  • if we disclosed your personal information for a business purpose, a list identifying the personal information categories disclosed.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and have retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete your personal information from our records, unless an exception applies.

We may deny your deletion request pursuant to certain exceptions provided in the CCPA, including to take actions reasonably anticipated within the context of our ongoing business relationship with you, to comply with legal obligations, or to make other internal and lawful uses of your person information that are compatible with the context in which you provided it.  The response we provide will explain any reason for denying your request. 

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:

  • calling us at 1-855-450-1819, or
  • visiting our website at http://www.hoistlift.com/contact-us/ccpa-form/
  • contacting us using the other contact points specified below.

Only you or a person registered with the California Secretary of State that you authorize 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 (which may include information associated with any account you have with us) that allows us to reasonably verify you are either the person about whom we collected personal information or an authorized representative of that person, 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 personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. Government identification may be required. Making a verifiable consumer request does not require you to create an account with us. 

Response Timing and Format

We will confirm the receipt of a request within 10 business days of receipt.  We will endeavor to respond to a verifiable consumer request within 45 days of its receipt.  If we require more time (we may take up to 45 additional days), we will inform you of the reason and extension period in writing. The response we provide will 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.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, your exercise of your CCPA rights will not result in us:

  • denying you goods or services,
  • charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties,
  • providing you a different level or quality of goods or services, or
  • suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Opt-Out of Sale Rights

You may exercise your right to opt-out of the sale of your personal information to third parties by contacting us at the contact points below or by clicking the link below:

Do Not Sell My Personal Information

Direct Marketing Disclosures

Under California Civil Code Section 1798.83 (known as the “Shine the Light” law), Hoist’s Users who are residents of California may also request certain information about our disclosure of personal information during the prior calendar year to third parties for their direct marketing purposes. To make such a request, please write to us at the address below or at hoist.privacy@toyotatmh.com with “Request for California Privacy Information” on the subject line and in the body of your message. We will comply with your request within thirty (30) days or as otherwise required by the statute. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.

Do Not Track

Hoist does not currently employ a process for automatically responding to “Do Not Track” (DNT) signals sent by web browsers, mobile devices, or other mechanisms that may provide consumers a choice regarding the collection of Personal Data about an individual consumer’s online activities. As is commonly the case with many other mobile applications and websites, third parties (e.g., advertisers) may be able to collect information, including Personal Data, about your online activities over time and across different websites or online services when you use the Offerings.

Changes to Our Privacy Statement

We reserve the right to amend this Privacy Statement and our General Privacy Policy from time to time.  We will attempt to notify you in the event the changes are material and could potentially impact your rights by providing electronic notification through the Offerings, by e-mail or other means using contact information you have provided, or by making a revision to the applicable privacy notice and changing the effective date. You should periodically review the terms of this California Privacy Statement and our General Privacy Policy to stay informed of any changes and ensure your continued agreement.

Modifications are effective upon our posting of the amended privacy notice. The terms of the current California Privacy Statement or General Privacy Policy supersede all previous notices or statements regarding our privacy practices and become the terms and conditions that govern your use of the Offerings. You may determine the date this California Privacy Statement was last revised and the current terms by referring to the “Effective” date shown at the top of this statement. YOUR CONTINUED USE OF AN OFFERING FOLLOWING OUR POSTING OF A CHANGE NOTICE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

Contact Information

If you wish to exercise your CCPA rights or have any questions or comments about this Privacy Statement or our General Privacy Policy or your choices and rights regarding personal information, please contact us at:

Phone (toll free): 1-855-450-1819

Website: http://www.hoistlift.com/contact-us/ccpa-form/

Email: hoist.privacy@toyotatmh.com

Address:   Attn: Legal Dept./Privacy

      Hoist Material Handling

      5559 Inwood Drive

                Columbus, IN 47201