Privacy Policy - Ahern-Act

PRIVACY POLICY

Last updated October 18, 2021

This Privacy Policy provides an overview of the personal information Ahern ACT, LLC (“Ahern ACT”, “we”, “our”, or “us”) collects, how we use this information, with whom we share it, and the choices you have in connection with this.

APPLICABILITY

This Privacy Policy applies to the Ahern ACT website at www.ahernact.com (the “Website”), your communications with us, and any in-person interactions (collectively, the “Services”).

INFORMATION COLLECTION AND USE

Through your use of our Services, we collect personal information from you directly and automatically as outlined below.

  1. Information Collected From You

We collect personal information from you when you:

  • Apply for employment: When you apply for employment with the Ahern ACT, we will collect your identifiers (name, email address, physical address, telephone number) and your professional or employment information (resume, cover letter, employment history, educational history). We use this personal information to assess and manage your application with Ahern ACT, to communicate with you, and as necessary to comply with the law.
  • Contact us: When you contact us or chat with us, we collect your identifiers (name, telephone number, email address, physical address) and any other information you choose to include in your correspondence. We use this personal information to respond to your questions or inquiries, troubleshoot where necessary, and address any issues you may have.
  • Complete a credit application: To apply for credit, we collect your identifiers (name, company name, telephone number, fax number, physical address, email address, federal tax identification number, business license number). We use this personal information to assess and process your credit application.
  • Create an account: To create an account, we collect your identifiers (name, email address, tax identification number, social security number, physical address, business phone numbers) and your selected username and password. We use this personal information to create and manage your account and to provide access to certain features of our Website.
  • Make a payment: When you make a payment, we collect your identifiers (name, email address, physical address) and payment information (payment card number, expiration date, CVV). We use this personal information to process your payment.
  • Make a purchase: When you make a purchase, we will collect your identifiers (name, email address, physical address) and payment information (payment card number, expiration date, and CVV). We use this personal information to process your purchase and to manage and fulfill your purchase.
  • Participate in a safety training class: To book a safety training class and communicate with you, we collect your identifiers (name, physical address, email address, business phone number).
  • Pick up your rental: When you pick up your rental at Ahern ACT, we will collect your identifiers (name, physical address, telephone number, driver’s license number) to confirm and facilitate your reservation.
  • Request access to investor information: To access Ahern ACT’ investor website, we collect your identifiers (name, company name, physical address, email address, signature). We use this personal information to facilitate your access to the investor website.
  • Subscribe to our newsletter: If you subscribe to our newsletter, we collect your identifiers (name, email address) to fulfill your request to receive our newsletter.
  • Use Ahern ACT equipment: Ahern ACT equipment is equipped with a Telematics Global Positioning System (GPS) device that allows Ahern ACT to obtain the geolocation of your equipment. If you rent equipment from Ahern ACT, the GPS device will collect your geolocation, location/route, speed, distance, altitude, stop and start time, and operating status. Depending on the type of equipment, the GPS device will also collect information on the equipment, such as battery voltage, coolant level and temperature, oil pressure, and fuel level and rate. This information is linked to your rental contract, which includes your identifiers (name, physical address, and telephone number). Ahern Rental uses this information to improve Ahern ACT equipment and user experience, to provide support and maintenance, and to manage equipment for logistics purposes. This information is collected and maintained by our service provider that provides and manages the GPS device for us and is stored for a period of two (2) years and archived thereafter in a de-identified manner.
  • Visit Ahern ACT: If you visit an Ahern ACT location, your visual information will be captured by our CCTV footage. We use this personal information to ensure the safety and security of our guests and Ahern ACT.

Ahern ACT may also use the personal information collected for the above purposes to comply with the law and for other limited circumstances as described in INFORMATION SHARING.

  1. Information Collected From Cookies

In addition to the personal information you provide, we also collect information automatically via cookies as you use the Website. This information includes the following internet and other electronic network activity information:

  • Usage information: This includes information about your interaction with the Website, such as pages visited, frequency of access, time spent on each page, and referring website details.
  • Location information: This includes information about your location, which may be determined by your IP address.
  • Device information: This includes information about the device you are using, such as hardware model, operating system, browser, and your preferences.

To collect this information, we use necessary, performance, and analytics cookies. We use the collected information to: (i) conduct Website analytics to improve the Website and enhance user experience; (ii) prevent fraudulent use of the Website; (iii) diagnose Website errors, and in cases of abuse, track and mitigate the abuse; and (iv) remember your preferences.

In general, to disable cookies and limit the collection and use of information through them, you can set your browser to refuse cookies or indicate when a cookie is being sent. Particular cookies on our Website to note include:

  • Google Analytics: To conduct analytics, we use Google Analytics. Google Analytics may set cookies on your browser or read cookies that are already there. Google Analytics may also receive information about you from applications you have downloaded that partner with Google. We do not combine the information collected by Google Analytics with personally identifiable information. Google will use and share the information collected through Google Analytics in accordance with its Terms of Use and Privacy Policy. To opt-out, you can download the Google Analytics opt-out browser add-on.

INFORMATION SHARING

Ahern ACT will share the personal information identified in this Privacy Policy in the following instances:

  • Within Ahern ACT: We share your personal information within Ahern ACT in order to efficiently carry out our business and to the extent permitted by law.
  • In the event of a corporate reorganization: In the event that we enter into, or intend to enter into, a transaction that alters the structure of our organization, such as a reorganization, merger, acquisition, sale, joint venture, assignment, consolidation, transfer, change of control, or other disposition of all or any portion of our assets, we would share your personal information with third parties, including the buyer or target (and their agents and advisors) for the purpose of facilitating and completing the transaction. We would also share your personal information with third parties if we undergo bankruptcy or liquidation, in the course of such proceedings.
  • For legal purposes: We will share your personal information where we are legally required to do so, such as in response to court orders, law enforcement or legal process, including for national security purposes; to establish, protect, or exercise our legal rights, as required to enforce our terms of use or other contracts; to defend against legal claims or demands; to detect, investigate, prevent, or take action against illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person; or to comply with the requirements of any applicable law.
  • With service providers for a business purpose: In the preceding twelve (12) months, we have disclosed your personal identifiers, payment information, geolocation data, and internet and other electronic network activity information to our service providers that assist us in providing our Services. These service providers include our IT support, payment processor, GPS technology provider, and email vendor.
  • With IT for a business purpose: In the preceding twelve (12) months, we have disclosed your internet and other electronic network activity information to our IT support to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, identify and repair Website errors, and to update, maintain, and improve the Website.
  • For a sale: We do not share your personal information for money, however, we do share personal information with certain third parties, which may be considered a “sale” under the California Consumer Privacy Act. In the preceding twelve (12) months, we have shared your internet or other electronic network activity collected via cookies with data analytics providers.

NEVADA RESIDENTS

If you are a consumer in the State of Nevada, you may request to opt-out of the current or future sale of your personal information. We do not currently sell any of your personal information under Nevada law, nor do we plan to do so in the future. However, you can submit a request to opt-out of future sales by contacting us at optout@ahern.com. Please include “Opt-Out Request Under Nevada Law” in the subject line of your message.

CALIFORNIA RESIDENTS

The California Consumer Privacy Act (CCPA) grants certain rights to California residents. If our processing of your personal information is subject to the CCPA, you are entitled to the following rights:

  • Right to access: You have the right to request what personal information we have collected, used, disclosed, and sold about you within the preceding twelve (12) months. You may only make a request for access twice within a 12-month period.
  • Right to deletion: You have the right to request the deletion of your personal information that we collect or maintain, subject to certain exceptions.
  • Right to opt-out: You have the right to opt-out of the sale of your personal information to third parties. Ahern ACT does not have actual knowledge that it sells personal information of minors under the age of sixteen (16) years.
  • Right to non-discrimination: You have the right to not receive discriminatory treatment if and when you exercise your rights to access, delete, or opt-out under the CCPA.

To exercise your right to access or delete your personal information, you may submit a request toll-free at 800-400-1610 or optout@ahern.com. To opt-out of the sale of your personal information via cookies, please see Information Collected By Cookies above. For requests submitted via telephone and email, you must provide us with sufficient information that allows us to reasonably verify you are the person about whom we collected the personal information and describe your request with sufficient detail to allow us to properly evaluate and respond to it. If we are not able to verify your identity for access and deletion requests with the information provided, we may ask you for additional pieces of information. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a request related to your personal information. If you are an authorized agent making a request on behalf of another individual, you must provide us with signed documentation that you are authorized to act on behalf of that individual.

CORRECT OR VIEW YOUR PERSONAL INFORMATION

You may access your Ahern ACT account to correct or view certain personal information of yours in our possession and which is associated with your account.

MARKETING COMMUNICATIONS

You may opt-out of receiving marketing emails from us by clicking the “unsubscribe” link provided with each email. Please note that we will continue to send you emails necessary to the Services, your purchase, or any assistance you request.

DO NOT TRACK

We do not support Do Not Track (DNT).

INFORMATION SECURITY

We implement and maintain reasonable security measures, such as access controls and encryption, to protect the personal information we collect and maintain. However, no security measure or modality of data transmission over the Internet is 100% secure and we are unable to guarantee the absolute security of the information we have collected from you.

AGE RESTRICTION

The Services are not intended for individuals under the age of eighteen (18).

CHANGES TO THIS PRIVACY POLICY

We may change this Privacy Policy from time to time. We will post the changes to this page and will indicate the date the changes go into effect. We encourage you to review our Privacy Policy to stay informed. If we make changes that materially affect your privacy rights, we will notify you with a prominent post on our Website and obtain your consent, if required.

CONTACT

If you have any questions about this Privacy Policy, please contact us at (702) 727-4929 or legal@ahern.com.