This CALIFORNIA PRIVACY POLICY supplements the information contained in the Privacy Policy of Equipment First, LLC, Access Machinery, LLC, and Creative Equipment Solutions, L.L.C., together with any affiliates, subsidiaries, related entities, or partnerships of any of the foregoing (collectively, "the Companies"). This policy applies to all users and visitors of any website, social media platform, digital channel, or other medium operated or maintained by the Companies who reside in the State of California. This notice complies with the California Consumer Privacy Act of 2018 as amended, hereto referred to as the "CCPA" which provides certain rights and specific notification information to the residents of California regarding data collection, use, and disclosure practices.
Categories of Personal Information
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonable be linked directly or indirectly with a particular consumer or device. The following is a list of categories of personal information as defined by the CCPA and the examples provided in the list below are those specifically defined in the CCPA.
| Category | Description | Collected |
|---|---|---|
| Identifiers | Includes real name, alias, postal address, unique personal identifier, IP address, email address, account name, social security number, driver's license, or other similar identifiers. | YES |
| Personal Information Categories | Any categories of personal information described in the California Customer Records statute (e.g., name, contact details, social security number, passport information). | YES |
| Protected Classifications | Characteristics of protected classifications under California or federal law, such as race, gender, age, or disability. | YES |
| Commercial Information | Information such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | YES |
| Biometric Information | Physiological, biological, or behavioral characteristics, like DNA, fingerprints, faceprints, voiceprints, iris or retina scans, and keystroke patterns. | NO |
| Internet or Network Activity | Information related to a consumer's interaction with a website, application, or advertisement, including browsing history, search history, and information regarding interactions with websites or apps. | YES |
| Geolocation Data | Precise geographic location information about a particular individual. | YES |
| Sensory Data | Audio, electronic, visual, thermal, olfactory, or similar information, such as call recordings or video surveillance footage. | NO |
| Professional or Employment Information | Information related to a consumer's current or past job history or performance evaluations. | YES |
| Non-Public Education Information | Educational records that are not publicly available, such as grades, transcripts, and other records maintained by an educational institution. | NO |
| Inferences from Personal Information | Inferences drawn from other collected personal information to create a profile about a consumer, reflecting preferences, characteristics, psychological trends, etc. | NO |
Personal Information Does Not Include
- Publicly available information
- Information available from Government Records
- De-Identified or Aggregated consumer information
- Health and Medical Information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA)
- Personal information covered by certain sector-specific privacy laws such as the Fair Credit Reporting Act (FCRA) or California Financial Information Privacy Act (FIPA)
Sources of Personal Information
We obtain the categories of personal information listed above from several sources, including but not limited to:
- Directly from you when using any Website, social media platform, digital channel, or other medium operated by the Companies, or when you provide it to create an account.
- Equipment vendors who submit your information to one of our affiliates for financial or insurance assistance.
- Directly or indirectly from various activities on our website or mobile applications. For example, when you submit a message through one of our communication services or contact us forms.
- From third parties that interact with us in connection with the independent services they perform on our behalf or for our benefit.
Use of Personal Information
The Companies do not sell the personal information we collect; however, we may disclose your personal information or provide certain information to the Companies, their affiliates, or non-affiliated service providers or contractors. We will not collect any additional personal information or use the personal information obtained for anything materially different than what is stated in this agreement without providing you notice. Below you will find a few examples of how we use your personal information:
- To provide you with information, products, or services that you request from us
- To provide you with emails and notices concerning our products or services that may interest you.
- To provide you with information from our marketplace for products, services, or equipment that may interest you.
- To improve the functionality of the Website.
- For research, testing, and analytics.
- To carry out any obligations express or implied from the use of the Website or affiliated websites.
- To protect our rights and property and to protect the rights and property of our members, users, clients, affiliated or unaffiliated entities.
- To respond to law enforcement requests as required and applicable by law, court order, or governmental regulations.
- To detect and monitor for security breaches or events and to protect against malicious, deceptive, fraudulent, or illegal activities.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
Your Rights and Choices
The CCPA provides California residents with specific rights regarding their personal information. This section will briefly describe your CCPA rights and explains how to exercise those rights.
A. Right to Know/Notice/Access: You have a right to know or be notified that we will be collecting or have disclosed certain personal information and how that specific information is being used. Under the CCPA, you have a right to request that we disclose to you about the use, sale, or disclosure of the personal information. Once we have received a formal request, we will disclose to you:
- The categories of personal information the Companies have collected about you.
- The categories of sources for the personal information the Companies have collected about you.
- The business or commercial purpose for collecting the personal information.
- The categories of third parties with whom we shared the personal information.
- The specific pieces of personal information we collected about you.
- If any personal information was sold, we will disclose the categories in which it was sold and the categories in which it was disclosed.
B. Right to Opt-Out: You have a right to instruct the Companies, including Equipment First, LLC, Access Machinery, LLC, and Creative Equipment Solutions, L.L.C., and any related entities, not to sell your personal information. To submit the Opt-Out request, please submit all information to the Companies via the contact methods listed in the Contact Us section of this agreement.
C. Right to Correct: You have the right under the CCPA and other regulations and laws to correct any inaccuracies regarding your personal information that we have or may have about you. We will use commercially available and reasonable efforts to correct any inaccuracies that you request about the personal information we may have, considering the nature of the personal information and the purpose of the use before proceeding.
D. Right to Delete: You have a right to request that your personal information be deleted with certain exceptions. Once we have received a formal request to delete, we will delete and instruct our service providers, contractors, and third parties to delete your personal information from the records, subject to the exceptions. We may deny the deletion request if retaining such information is necessary for us to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Comply with any legal obligation.
- Detect and monitor for security breaches or events and to protect against malicious, deceptive, fraudulent, or illegal activities.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
E. Right to Non-Discrimination: You have right to not be discriminated against for exercising any of your rights under this Policy or any policy.
Exercising Your Rights
To exercise any of your rights under the CCPA, you can submit a request by:
- Calling us: 602-853-5085
- Emailing us: info@equipmentfirst.com
Only you, or a person registered with the California Secretary of State that you authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person we have collected the information on or an authorized representative of the person we collected personal information on.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. If you have an account with us and we can communicate through the Website, we will deliver our written response to that account. If we are unable to deliver the response through the Website or you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
California "Shine the Light" Disclosure (Cal. Civ. Code §1798.83)
California Civil Code Section 1798.83, known as the "Shine the Light" law, permits California residents who have provided personal information to a business to request certain information regarding the disclosure of that personal information to third parties for their direct marketing purposes. If you are a California resident and wish to make such a request, please submit your request in writing to the Companies using the contact information provided in the Contact Us section of this policy. Please include "Shine the Light Request" in the subject line or on the envelope. The Companies will respond to such requests within 30 days as required by law. Please note that the Companies are only required to respond to one such request per customer per year, and the Companies are not required to respond to requests made by means other than through the designated contact information below.
California Invasion of Privacy Act ("CIPA") / Tracking Technologies Consent
California residents are advised that the Companies use third-party tracking technologies on their websites, mobile applications, and digital channels, including but not limited to the Meta Pixel (Facebook/Instagram), Google Analytics, and the LinkedIn Insight Tag (collectively, "Tracking Technologies"). Under the California Invasion of Privacy Act, Cal. Penal Code §§ 630 et seq. ("CIPA"), certain interception of electronic communications without consent may be unlawful. BY ACCESSING OR USING ANY OF THE COMPANIES' SITES, PLATFORMS, OR DIGITAL CHANNELS, CALIFORNIA RESIDENTS EXPRESSLY AND KNOWINGLY CONSENT, PURSUANT TO CIPA § 631 AND § 632.7, TO THE INTERCEPTION, RECORDING, AND TRANSMISSION OF ELECTRONIC COMMUNICATIONS AND INTERACTION DATA — INCLUDING BUT NOT LIMITED TO PAGE VIEWS, CLICKS, FORM SUBMISSIONS, SESSION ACTIVITY, AND BROWSING BEHAVIOR — BY THE TRACKING TECHNOLOGIES DESCRIBED HEREIN. This consent satisfies the all-party consent requirement under CIPA and constitutes prior consent to any such interception or recording. The Companies do not use Tracking Technologies for any purpose other than legitimate business analytics, marketing optimization, and service improvement, and expressly disclaim any intent to intercept communications for an unlawful purpose within the meaning of CIPA § 631. California residents who do not consent to such tracking should immediately discontinue use of the Sites and may exercise opt-out rights by adjusting browser or device settings, using platform-provided opt-out mechanisms, or submitting a written request to the Companies at info@equipmentfirst.com. The Companies' total liability to any California resident for any claim arising under CIPA related to the use of Tracking Technologies shall not exceed the amounts permitted under applicable law, and the Companies expressly reserve all defenses available under CIPA, including the consent and legitimate business purpose defenses.
Contact Us
If you have any questions or concerns about this California Privacy Policy and the way in which the Companies collect and use your personal information, your rights regarding use, or your wish to exercise your rights under California law as it applies to Equipment First, LLC, Access Machinery, LLC, Creative Equipment Solutions, L.L.C., or any related entity, please:
- Call: 602-853-5085
- Email: info@equipmentfirst.com