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California Consumer Privacy Policy

Last Updated: 01/27/2023

This policy provides California consumers with information regarding their rights under the California Consumer Privacy Act ("CCPA").

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

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

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.

Definitions

For the purposes of this Privacy Policy:

  • You mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to AimSurplus, LLC, 225 American Way, Monroe OH 45050.

  • Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.

  • Account means a unique account created for You to access our Service or parts of our Service.

  • Website refers to AimSurplus, accessible from www.aimsurplus.com

  • Service refers to the Website.

  • Country refers to the United States

  • Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service, or to assist the Company in analyzing how the Service is used.

  • Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.

  • Personal Data is any information that relates to an identified or identifiable individual.
    For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes, or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.

  • Cookies are small files that are placed on Your computer, mobile device, or any other device by a website, containing the details of Your browsing history on that website among its many uses.

  • Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.

  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

  • Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing Internet users to control the tracking of their online activities across websites.

  • Business, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' personal information, that does business in the State of California.

  • Consumer, for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.

  • Sale, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's Personal information to another business or a third party for monetary or other valuable consideration.

CCPA Privacy

The following applies solely to California "consumers" as defined in Section 17014 of Title 18 of the California Code of Regulations. We adopt this notice to comply with the California Consumer Privacy Act of 2018 ("CCPA"). This policy describes our collection, use, disclosure, and "sale" (if applicable) of "personal information" of California consumers as these terms are defined under the CCPA.

Please note that job applicants, current and former employees, and individuals subject to business-to-business communications are not considered "consumers" for the purpose of this policy.

Information We Collect

Category

Example(s)

Source(s)

Purpose of Collection

Identifiers

Name, postal address, email address, account name, etc.

Directly from the consumer

Maintaining and servicing your account, providing customer service, processing orders/transactions

Customer records

Name, signature, credit card number, bank account number, background check information, other financial information, etc.

Directly from the consumer, indirectly from service providers and government entities

Maintaining and servicing your account, providing customer service, processing orders/transactions

Protected Classifications

Gender

Directly from the consumer

Maintaining and servicing your account, providing customer service, processing orders/transactions

Commercial Information

Products/services purchased

Directly from the consumer

Processing orders and transactions, processing payments

Internet/ Network Activity

Browsing history, search history, information regarding a consumer’s interaction with an internet website, application, or advertisement

Directly from the consumer, indirectly from service providers and third parties

Providing advertising or marketing services, providing analytic services

Geolocation Data

IP address

Directly from the consumer, indirectly from service providers

Providing advertising or marketing services, providing analytic services

Audio, electronic, visual, etc. information

Audio recordings

Directly from the consumer, indirectly from service providers

Providing customer service

Inferences

Purchasing tendencies

Directly from the consumer, indirectly from service providers or other third parties

Providing advertising or marketing services, providing analytic services, undertaking internal research for technological development and demonstration

Disclosure of Personal Information for a Business Purpose

Within the preceding twelve (12) months, AimSurplus has disclosed the following categories of personal information to its service providers for the business purpose of performing services on behalf of AimSurplus such as maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of AimSurplus.

  • Identifiers;

  • Customer Records;

  • Protected Classifications;

  • Commercial Information;

  • Internet/Network Activity;

  • Geolocation Data;

  • Audio, Electronic, Visual, etc. Information; and

  • Inferences.

Sale of Personal Information

Under the CCPA, the term "sale" is defined very broadly and may encompass some of our tracking, analytics, and advertising activities occurring with third parties via cookies and trackers on our website. Therefore, while we do not sell personal information in the traditional sense, we may "sell" the following categories of personal information as defined by the CCPA to our cookie and tracker providers:

  • Internet/Network activity; and

  • Geolocation data.

For information on how to opt out of the sale of your personal information, please see the "Exercising Your CCPA Data Protection Rights" section below.

AimSurplus does not knowingly sell the personal information of California consumers under the age of sixteen (16) years.

Your Rights under the CCPA

Under this Privacy Policy, and by law if You are a resident of California, You have the following rights:

  • The right to know. You have the right to request that we disclose to you the personal information we have collected, used, disclosed, or sold about you in the previous twelve (12) months. You may also request a copy of the personal information we have collected from you over the past twelve (12) months. See the "Exercising Your CCPA Data Privacy Rights" section for instructions on submitting a right-to-know request to [email protected].

  • The right to say no to the sale of Personal Data. You also have the right to ask the Company not to sell Your Personal Data to third parties. You can submit such a request by clicking on the following link "Do Not Sell My Personal Information" and updating your preferences.

  • The right to delete Personal Data. You also have the right to request the deletion of Your Personal Data that has been collected in the past 12 months. Once we receive and confirm your verifiable request, we will delete and direct our service providers to delete your personal information from our records, unless an exception applies. See the "Exercising Your CCPA Data Privacy Rights" section for instructions on submitting a right to deletion request or submitting this request to: [email protected].

  • The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your Consumer's rights. Therefore, it is Our policy to ensure we do not discriminate against you for exercising these rights, unless permitted by the CCPA, including by:

    • Denying goods or services to You

    • Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties

    • Providing a different level or quality of goods or services to You; or

    • Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services.

  • To verify your request, we will compare the pieces of information that you submit with your request to the Personal Information we have on file to confirm that the data we have identified corresponds to you and that the person submitting the request is authorized to do so. We may require you to provide additional pieces of personal information to allow us to verify your identity, such as your email address, phone number, account number, etc. If we cannot comply with a request, we will explain the reasons in our response.

  • You may designate an authorized agent to submit a request on your behalf. Pursuant to the CCPA: You may designate, in writing or through a power of attorney, an authorized agent to make these privacy requests on your behalf to exercise these rights. An authorized agent may submit a request on your behalf if you have provided the authorized agent with power of attorney in accordance with California law. If this has not occurred, we will require the agent to provide proof that you have authorized it to act on your behalf and may require you to verify your own identity with us directly before we accept a request. We will do this by requiring the authorized agent to present verifiable written authorization from you that you have provided the agent with permission to submit the request and independently verify the agent’s own identity with AimSurplus.

Exercising Your CCPA Data Protection Rights

In order to exercise any of Your rights under the CCPA, and if you are a California resident, You can email or call us or visit our "Do Not Sell My Personal Information" preference center via the link to opt-out of the sale of personal information, or submit an access or deletion request to: [email protected].

We will confirm receipt of your request within 10 business days and respond to your right to access or deletion requests within forty-five (45) days from the date we receive it. In some cases, we may require additional time to complete your request and will inform you if additional time is needed. Where additional time is needed, we may take up to a maximum of forty-five (45) additional days to complete your request. We will honor your right to opt out of the sale of personal information requests within 15 business days of your request.

How We Store Your Personal Information

Please note, we will not retain your personal information for longer than is reasonably necessary for the disclosed purposes outlined in the "Information We Collect" section.

Financial Incentives

AimSurplus may provide consumers with a discount code via email. Under the CCPA, this is considered a financial incentive program. Consumers opt into receiving this financial incentive by providing their email addresses. Consumers may opt out of this financial incentive at any time by clicking on the unsubscribe link included in the footer of our emails.

The information AimSurplus has collected through this financial incentive enables AimSurplus to establish a relationship with its customers and is valued by AimSurplus to provide its customers with customized offers. In determining the value of personal information collected as part of the email discount program, we considered the revenue generated from the use of the email discounts, which is reasonably correlated to the value provided to the consumer through the email discount.

"Do Not Track" Policy as Required by California Online Privacy Protection Act (CalOPPA)

Our Service does not respond to Do Not Track signals.

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

Your California Privacy Rights (California's Shine the Light Law)

Under California Civil Code Section 1798 (California's Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties direct marketing purposes.

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

California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)

Our service is not designed for, or intentionally targeted at, children under 18 years of age. We do not knowingly collect or maintain personal data about anyone under the age of 18. If you are a parent or guardian and are aware that your child has provided us with personal data, please contact us using the contact information provided below. If we become aware that we have collected personal data from children without verification of parental consent, we will take reasonable steps to remove that personal data in a timely manner.

Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

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

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

Contact Us

If you have any questions about this Privacy Policy, please contact us:

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