Privacy Policy

Introduction

JPW Industries Inc. (“JPW,” “we,” “us,” or “our”) has developed this Privacy Policy to inform users (“user(s),” “you,” or “your”) about how we collect information in the course of conducting our business, including on the Sites, how we use the collected information, and a user’s rights with respect to the collected information. This Privacy Policy applies to the websites www.jpwindustries.com (“JPW Main”), www.jettools.com (“Jet Tools”), www.wiltontools.com (“Wilton”), http://www.powermatic.com/ (“Powermatic”), www.edwardsironworkers.com (“Edwards”), www.baileigh.com (“Baileigh”), and other websites owned by JPW and its affiliates that link back to these Terms (collectively, the “Sites”), as well as the related services offered by JPW and its affiliates (collectively, our “Services”).

Please read this Privacy Policy carefully. If you do not agree to be bound by this Privacy Policy, then do not access or use the Services. By accessing and/or using the Services, you accept and agree to be bound by this Privacy Policy. This Privacy Policy is incorporated into our Terms of Use. Your use of our Services and any Personal Information you provide through the Services are subject to this Privacy Policy at all times.

YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO ACCESS THE SITES AND USE OUR SERVICES. If you are under eighteen (18) years old, you are not permitted to use any part of the Services for any reason.

If you have any questions about this Privacy Policy, please contact us at customerservice@jpwindustries.com or at the contact information below.

Information We Collect

When you use the Sites, we process the following types of Information:

a.              Personal Information

“Personal Information” means any information that identifies, relates to, describes, or is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information that we collect includes first and last name, mailing address, e-mail, and telephone number. You may be asked to provide Personal Information when you use or access our Sites or Services, for example, when you complete a form, request information or products, or when you sign up to receive updates, news, special offers, promotions, or other communications from us. You may also provide Personal Information to us offline, such as during trade shows or through physical mailings; we treat this information in the same manner as we treat information collected online through the Site.

We may also collect other information that is not Personal Information, such as demographic information, including your business or company information, age group, or purchase plans; product preferences and favorites; and product information including model and serial number. This information may also be provided to us by JPW affiliates, dealers, and licensees for consumer merchandise, as well as other sources, such as those that provide lists of potential product purchasers or current owners.

Some of our Sites, such as our Baileigh and Edwards websites, allow you to make purchases through the website. To facilitate your purchase, we may need you to provide certain payment information, including your credit card number and billing address. You are not required to provide any Personal Information to use or access our Sites; however, you may not be able to access certain features of the Sites, including online purchases, if you do not provide the information necessary for us to process those requests.

b.              Non-Personal Information

Non-Personal Information does not identify you, but provides insights regarding your use of the Sites. For example, we collect information about your industry and company, as well as your use of the Sites, including but not limited to, Internet connections, time and length of your visit to our Sites, sites visited just before or after coming to ours, browser information, device type, computer equipment, the pages or features of the Sites to which a user browsed and the time spent on those pages or features, the frequency with which the Sites are used by a user, search terms, and the links on our Sites that a user clicked on or used and related timestamps.

Personal Information and Non-Personal Information are collectively referenced as “Information.”

c.              Geolocation Information

You may choose to allow us to access your location by granting the Sites access to your location when prompted or through your device’s location services settings. You may change these settings on your device, but this will impact your use of and access to the Services.

d.              Third-Party Social Networking Service(s)

If you choose to access, visit, and/or use any third-party social networking service(s) that may be integrated with our Sites, we may receive your Personal Information and other information about you and your computer, mobile, or other device that you have made available to those social networking services, including information about your contacts through those services. For example, some social networking services allow you to push content from our Sites to your contacts or to pull information about your contacts so you can connect with them on or through our Sites. Some social networking services also will facilitate registration or enhance or personalize your experience on our Sites. Your decision to use a social networking service in connection with our Sites is voluntary. However, you should make sure you are comfortable with the information your third-party social networking services may make available by reviewing privacy policies of those providers and/or modifying your privacy settings directly with those networking sites/services.

PERSONAL INFORMATION

You may use JPW Industries (Inc.)'s websites to learn about our products and services without disclosing any personal information. We may ask you to provide us with personal information, for example, to access certain customized features, such as requesting product information. Information that may be requested on JPW Industries (Inc.) websites includes: contact information, such as name, address, email address, and telephone number; product information including model and serial number; demographic information, such as household information, age group, or purchase plans. We may also obtain contact and other information from JPW Industries (Inc.) affiliates, JPW Industries (Inc.) dealers, JPW Industries (Inc.) licensee for consumer merchandise, and other sources such as those that provide lists of potential product purchasers or current owners.

USE of Information:

We use Non-Personal Information collected by web pixels and cookies to store your preferences, improve website navigation, make personalized features and other services available to you, to generate statistical information, monitor and analyze user traffic and usage patterns, monitor and prevent fraud, investigate complaints and potential violations of our policies, to improve the products, services, materials, and other content that we describe or make available through the Services, and otherwise help administer and improve the Services.

We may identify you from your Personal Information and merge or co-mingle Personal Information and Non-Personal Information. Except as otherwise stated, we may use Information that we collect from you for the legitimate business purpose of providing our Sites and Services to you, including, but not limited to:

·       To respond to your requests and provide user support;

·       To evaluate and improve the content of our Services;

·       To contact you for market research purposes and/or to customize the Services to your preferences;

·       To enforce our agreements, terms, conditions, and policies;

·       To notify you of any changes to relevant agreements, terms, conditions, and policies;

·       To work with our service providers, who perform certain business functions or services on our behalf;

·       To periodically send promotional e-mails about new products, special offers, or other information that we think you may find interesting using the contact information you have provided;

·       To prevent or investigate fraud or for risk management purposes; or

·       To comply with a legal obligation, court order, or in order to exercise our legal claims or to defend against legal claims.

In addition, we may use third‐party e‐mail providers to deliver communications to you. This is an opt-in e-mail program. If you no longer want to receive these e-mail communications, you may opt-out of receiving e-mail communications through the “unsubscribe” link or by contacting us  at customerservice@jpwindustries.com.

We may, from time to time, invite you to participate in online surveys. The information requested in these surveys may include, but is not limited to, your opinions, beliefs, insights, ideas, activities, experience, purchase history, and purchase intent regarding products, events, and Services. The information collected by these surveys is used to research market trends, company growth, community needs, etc. Your input will help us to improve customer experience and shape development of our products and Services.

How We Share Information:

We do not sell or rent Personal Information. We may share Personal Information with the following parties:

·       Corporate affiliates, including corporate parents, subsidiaries, other affiliated entities, and associated entities who are required to treat the information in accordance with this Privacy Policy and with whom we share Personal Information for the purposes described in this Policy;

·       Service providers that help us administer and provide the Services (for example, a web hosting company whose services we use to host our platform). These third-party services providers have access to your Personal Information only for the purpose of performing services on our behalf. We have entered into contractual relationships with these service providers and require them to comply with all applicable information privacy laws and regulations and to use the Information only for the purposes for which it was disclosed. We require that any third-party service providers limit their use of your Information solely to providing services to us and that they maintain the confidentiality, security, and integrity of your Information and not make unauthorized use or disclosure of the Information;

·    Authorized third parties, who are parties directly authorized by you to receive the applicable Information, such as when you authorize a third-party application provider to access your account. The use of your Information by an authorized third party is subject to the third party’s privacy policy, and we are not responsible for any uses or disclosures of your information by that third party;

·    Third parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), in which case we will require the recipient to use Information in accordance with this Privacy Policy;

·    As we believe necessary: (i) under applicable law; (ii) to enforce applicable terms and conditions; (iii) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; (iv) to detect, prevent, or otherwise address fraud, security or technical issues; (v) to respond to claims that contact information (e.g. name, e-mail address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment and (vi) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence; orPursuant to your express consent.

INFORMATION SECURITY

We take reasonable steps online and offline to safeguard the Personal Information that you provide to us, including Secure Sockets Layer (SSL), encrypted connections (HTTPS), secure cloud-based environments, server authentication, and industry- standard firewalls. However, it is common knowledge that transmission of information via the internet is not wholly secure, and we cannot guarantee the security of your Personal Information, or any other information, transmitted to or through any of our Sites or Services. Any transmission of Personal Information, or other information, is at your own risk. By using our Services, you acknowledge and accept these risks. As a result, we cannot guarantee or warrant the security of any information you disclose or transmit to us or that are otherwise provided to us, and we cannot be responsible for the theft, destruction, or inadvertent disclosure of information. It is your responsibility to safeguard any passwords, ID numbers, or other special access features associated with your use of the Services. Any transmission of information is at your own risk.

If you have any questions about security on our Services, or if you become aware of any unauthorized use of an account, loss of your account credentials, or suspect a security breach, notify us immediately via emails at  customerservice@jpwindustries.com. If our security system is breached, we will notify you of the breach to the extent required under applicable law.

INFORMATION RETENTION

We retain the Personal Information we receive as described in this Privacy Policy for as long as you use our Sites or as necessary to fulfill the purpose(s) for which it was collected, provide our products and services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

Links to Third Party Sites

The Sites may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. Such links do not constitute an endorsement by us of those other websites, their content or services, or the persons or entities associated with those websites. This Privacy Policy does not apply to third-party websites. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We encourage you to review the privacy policies and terms of all third-party websites or services that you may visit.

Children’s Privacy

We do not sell products or services for purchase by anyone under the age of thirteen (13). In accordance with the Children’s Online Privacy Protection Act (“COPPA”), we will never knowingly request or solicit Personal Information from anyone under the age of thirteen (13) without verifiable parental consent. In the event that we receive actual knowledge that we have collected such Personal Information without the requisite and verifiable parental consent, we will delete that information from our database as quickly as is practical. We reserve the right to request proof of age at any stage so that we can verify that minors are not using the Service(s).

Your California Privacy Rights

California Civil Code Section 1798.83 permits California residents to request and obtain a list of what Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, California residents are entitled to request and obtain such information, by e-mailing a request to  customerservice@jpwindustries.com. For more information regarding your rights as a California resident, please see our Notice of Privacy Practices for California Residents.

Changes in the Privacy Policy

We reserve the right to modify and update this Privacy Policy at any time by posting an amended version of the statement on our Sites. Please refer to this Privacy Policy regularly. If at any time we decide to use Personal Information in a manner different from that stated at the time it was collected, we will notify you either on the panel home page of our Sites or via e-mail.

5.              How to Contact Us

Because protecting your privacy is important to us, you may always submit concerns regarding our Privacy Policy on the contact us page. We will attempt to respond to all reasonable concerns and inquiries expeditiously.

If you have any questions or comments about our Privacy Policy, please contact us:

By e-mail:                                 customerservice@jpwindustries.com

By telephone:                       1.800.274.6848

By regular mail:                   JPW Industries Inc.

427 New Sanford Road
La Vergne, TN 37086

JPW Industries, Inc.

Privacy Notice for California Residents

Effective Date: May 2021

Last Updated: May 11, 2021

1.     OVERVIEW

This Privacy Notice for California Residents (the “Notice”) supplements the information contained in the JPW Industries, Inc. (“JPW,” “we,” “us,” “our”) Privacy Policy (the “Privacy Policy”) and applies solely to all visitors, users, and others who reside in the State of California (“user(s),” “you,” or “your”). We adopt this Notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Notice. This Notice governs Sites and Services, as those terms are defined in the Terms of Use and Privacy Policy.

2.     INFORMATION WE COLLECT

Our Services 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 (“Personal Information”). In particular, our Services have collected the following categories of Personal Information from consumers within the last twelve (12) months:

Personal information does not include:

·       Publicly available information from government records.

·       Deidentified or aggregated consumer information.

·       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;

·       personally identifiable information 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.

JPW obtains the categories of Personal Information listed above from the following categories of sources:

·       Directly from you. For example, from information you provide through the Services and through any correspondences, such as when you complete a form, request information or products, or when you sign up to receive updates, news, special offers, promotions, or other communications from us. We also collect Personal Information offline, for example, during trade shows and through physical mailings.

·       Indirectly from you. For example, from observing your actions on our Services.

·       From third parties. For example, from data brokers and third parties with whom you interact directly, from whom we obtain your information for marketing and other purposes.

·       From JPW affiliates, dealers, licensees for consumer merchandise, or other sources such as those that provide lists of potential product purchasers or current owners.

·       Your use of third party social networking service(s) that may be integrated with our Services. For example, some social networking services allow you to push content from our Services to your contacts or to pull information about your contacts so you can connect with them on or through our Services.

3.     USE OF PERSONAL INFORMATION

We may use or disclose the Personal Information we collect for one or more of the following purposes:

·       To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that Personal Information to respond to your inquiry. If you provide your Personal Information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.

·       To provide, support, personalize, and develop our Services, products, and services.

·       To create, maintain, customize, and secure your account with us.

·       To process your requests, purchases, transactions, and payments and prevent transactional fraud.

·       To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

·       To personalize your experience with the Services and to deliver content and product and service offerings relevant to your interests and/or geographic location, including targeted offers and ads through our Services, third-party sites, and via email or text message (with your consent, where required by law).

·       For testing, research, analysis, and product development, including to develop and improve our Services and products.

·       To communicate information to you (e.g., new features, products, or services).

·       To help maintain the safety, security, and integrity of our Services, databases and other technology assets, and business.

·       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 Information or as otherwise set forth in the CCPA.

·       To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our users is among the assets transferred.

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.

4.     DISCLOSURES OF PERSONAL INFORMATION FOR A BUSINESS PURPOSE

We may disclose your Personal Information to a third party for a business purpose. While we may seek to require such parties to enter contracts describing the purpose and requiring the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract, we may not have such contracts in place with all third parties.

We share your Personal Information for a business purpose with the following categories of third parties:

·       Service providers and other third parties that help us administer and provide the Services, including advertisers.

·       Parents, subsidiaries, and affiliates.

In the preceding twelve (12) months, JPW has disclosed the following categories of Personal Information for a business purpose:

·       Category A: Identifiers.

·       Category B: California Customer Records Personal Information categories.

·       Category D: Commercial information.

·       Category F: Internet or other similar network activity.

·       Category K: Inferences drawn from other Personal Information.

5.     YOUR RIGHTS AND CHOICES

The CCPA provides consumers (California residents) with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.

6.     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 twelve (12) months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights, below), 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 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 disclosed your Personal Information for a business purpose, a separate list identifying the Personal Information categories that each category of recipient obtained.

7.     DELETION REQUEST RIGHTS

You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights, below), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1.       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.

2.       Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

3.       Debug products to identify and repair errors that impair existing intended functionality.

4.       Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

5.       Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

6.       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.

7.       Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

8.       Comply with a legal obligation.

9.       Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

8.     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 1.800.274.6848.

·       Visiting https://www.jpwindustries.com/contact-us/

·       Emailing us at  customerservice@jpwindustries.com

Only you, or someone legally authorized 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. To authorize an agent to act on your behalf with respect to the rights contained in this Notice, we may require proof from the agent that you have provided the authorized agent written permission to do so, and we may require that you verify your own identity directly with us. If you have provided the agent with power of attorney, that may be sufficient.

You may only make a verifiable consumer request for access or data portability twice within a twelve (12) month period. The verifiable consumer request must:

·       Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.

·       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 the Personal Information relates to you.

Making a verifiable consumer request does not require you to create an account with us, though requests may be made using the authentication procedures for your password-protected account. To verify your requests, we ask that you provide information required to match the request with the consumer about whom information has been collected or utilize the authentication practices for your password-protected account. We verify requests by matching information you provide to information that we maintain in our records.

We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

9.     RESPONSE TIMING AND FORMAT

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, up to an additional forty-five (45) days, we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If 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 twelve (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, .CSV format.

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.

10.  NON-DISCRIMINATION

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

·       Deny you goods or services.

·       Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

·       Provide you a different level or quality of goods or services.

·       Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

We currently only provide one financial incentive related to survey feedback. Participants in certain surveys may be required to provide their contact information (including Identifiers and personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))) and may be entered into a drawing for gift cards. JPW will only use participants’ contact information for purposes of selecting a winner and contacting the winner about the survey, and survey responses will be anonymized and analyzed only in the aggregate (not tied to the participant, specifically) and used by JPW to improve our Services. The value to JPW’s operations is reflected in the value of the gift cards. Participation in the surveys is optional, and participants can choose at any time to exit the survey before submitting responses.[1]

11.  OTHER CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits California residents to request and obtain a list of what Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, California residents are entitled to request and obtain such information, by e-mailing a request to customerservice@jpwindustries.com.

12.  CHANGES TO OUR PRIVACY NOTICE

JPW reserves the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, we will post the updated notice on the Website and update the Notice’s effective date. Your continued use of our Services following the posting of changes constitutes your acceptance of such changes.

13.  CONTACT INFORMATION

If you have any questions or comments about this notice, the ways in which JPW collects and uses your information described above and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact our representative(s) at the following:

Phone:                                      1-800-274-6848

Website:                                 https://www.jpwindustries.com/contact-us/

E-mail Address:                   customerservice@jpwindustries.com

Mailing Address:                Attention: Website Inquiry

                                                      427 New Sanford Rd

                                                      La Vergne, Tennessee 37086

[1] Please review this paragraph and confirm whether this information is correct. Note that additional information may be required under the CCPA; we have only been able to include information provided by you.