Updated: October 18, 2023
McIntosh Laboratory, Inc. (“Company” or “We”) respects your privacy and is committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit Our Website at www.mcintoshlabs.com (“Our Website“) and our practices for collecting, using, maintaining, protecting, and disclosing that information. Except where expressly stated otherwise, this policy applies only to information we collect on or through Our Website
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you may elect not to use Our Website. By accessing or using Our Website, you agree to this policy. This policy may change from time to time in our sole discretion and your continued use of Our Website after we make changes is deemed to be acceptance of those changes. Therefore, please check the policy periodically for any updates.
CALIFORNIA NOTICE AT COLLECTION
If you are a California resident, the Additional Information for Residents of California, Colorado, Connecticut, Utah, and Virginia section below includes additional information that we provide pursuant to the California Consumer Privacy Act of 2018 as amended from time to time (“CCPA”). That section includes information regarding the categories of information to be collected, the purposes for which the categories of information are collected or used, whether the information is sold or shared and how to opt out of sales and sharing, and how long the information is retained. You can find those details by clicking on the links above.
INFORMATION WE COLLECT
We collect and use information by which you may be personally identified (“Personal Information”), which may include:
- Personal Information You Directly Provide to Us, such as:
- Contact information, such as your name, postal address, email address, and telephone number.
- Payment card information, such as payment card numbers, expiration dates, and security codes.
- Information you submit when you contact us,
- Business information, such as your job title and employer’s name.
- Any other information you submit when you contact us, including any information you provide in a submission through our Contact Us form, information that you provide by filling in forms on Our Website, registering to use Our Website and/or the included tools, or to register a product warranty, or requesting further services.
- Information We Collect Through Automatic Data Collection Technologies.
- As you navigate through and interact with Our Website, we may use automatic data collection technologies, such as those collected by your browsers or devices, to collect certain information about your browsers and devices, including browsing actions and patterns, including the details of your visits to Our Website and information about your computer and internet connection, including your IP address, MAC address, operating system, and browser type.
- Our Website may also use other tracking systems such as log files and pixel tags. For example, pixel tags, sometimes called web beacons, are similar in function to a cookie and can tell us certain information like what content has been viewed.
- We may use data analytics and work with certain third party service providers, such as Google Analytics, to help us understand and improve the use of our Services. These third party service providers may collect information sent by your device as part of a web page request, such as cookies or your IP address. Information about how Google Analytics collects and processes data can be found here: www.google.com/policies/privacy.
- Information We Obtain from Third Party Sources.
- We may receive Personal Information from third parties that we have engaged to provide services to us as well as from third parties that provide web analytics and usage information to us such as Google Analytics. These third party sources may include:
- Services that make user-generated content from their service available to others, such as website review firms’ business reviews or public social media posts.
- Communication services, including email providers and social networks, when you give us permission to access your data on such third-party services or networks.
- Service providers that help us determine your device’s location.
- Partners with which we offer co-branded services or engage in joint marketing activities.
- Partners with whom we share and receive Personal Information.
- Publicly-available sources, such as open government databases.
- In addition, if you choose to interact with us or our partners on social media by posting to our pages, tagging us (or using certain hashtags or other identifiers) in posts, or participating in activities, we may collect certain information from the social media account you use to interact with us, including the name associated with the account, the account handle, recent activity, the content of any posts in which we are tagged, and other information that may be contained on your social media profile to allow us to respond to the posts and understand and engage with our audience. We may also collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, and is not Personal Information. This data is not subject to this notice unless it is stored or otherwise associated with your Personal Information.
HOW WE PROCESS AND USE YOUR INFORMATION
As a general matter, we collect, use, disclose, and store your information when we have an appropriate legal basis. We use Personal Information that we collect about you or that you provide to us the following purposes:
- Pursuant to Your Consent. We process Personal Information to the extent you provide your consent, such as when we request to process Personal Information for a purpose that is not already identified by this Privacy Notice.
- To Perform a Contract with You. We process Personal Information to enter into, or perform under, the agreement between us, such as processing payments, shipping orders, and responding to support or warranty requests. If you do not provide Personal Information, we will not be able to enter into the contract. We will notify you if this is the case at the time.
- Legitimate Interests. We process Personal Information for our legitimate interests, consistent with your rights and appropriate to the context, to:
- To present Our Website and its contents to you;
- To provide you with information, products, or services that you request from us, either through the internet or by other means such as follow-up contacts by our representatives or employees;
- Advertising and marketing activities, including delivering or facilitating targeted and cross-context behavioral advertising, offering surveys, contests, giveaways, and other promotions, providing promotional and other relevant service or product-related information, and promoting us and our products and services;
- Managing our relationships with you and our customers and business partners, such as dealers and distributors.
- Operating, evaluating, debugging, identifying, and repairing errors, effectuating similar functional enhancements, and improving our Websites, products, or other services.
- Communicating with you and others, including about transactions, responding to requests and other communications, and providing promotional, marketing, and other information about us or our services and products.
- Creating aggregate or deidentified data.
- Legal and safety purposes generally, such as maintaining the safety, security, and integrity of our Websites, products, services, technology assets, services, and our organization, auditing transactions and interactions, preserving or enforcing our legal rights and property, protecting our users, our employees, and others, and complying with industry standards.
- Protecting against malicious, deceptive, fraudulent, or illegal activity, and participating in any prosecution or enforcement of laws or agreements meant to prevent or punish such activity.
- Evaluating or participating in an actual or potential merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, including as part of bankruptcy, liquidation, or similar proceedings.
- Complying with law and other legal obligations.
- To fulfill any other purpose for which you provide it;
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
- To notify you about changes to Our Website or any products or services we offer or provide though them;
- To allow you to participate in interactive features on Our Website;
- In any other way we may describe when you provide the information; and
- For any other purpose with your consent.
DISCLOSURE OF YOUR INFORMATION
We may disclose Personal Information we collect about you:
- To our affiliates and subsidiaries.
- To our business partners, such as our dealers and distributors.
- To third parties and networks that enable or participate in targeted and cross-context behavioral advertising and/or that provide online tracking technologies that we use to analyze the use of the Website and any other online services.
- To our contractors, service providers, distributors, and other third parties we use to support our organization, which may include support of any of the Personal Information uses described in the Uses and Purposes of Processing Your Information section above.
- To comply with applicable law, other legal requirements, and industry standards.
- To investigate or prevent unlawful activities or misuse of the Websites.
- To protect against malicious, deceptive, fraudulent, or illegal activity, and participating in any prosecution or enforcement of laws or agreements meant to prevent or punish such activity.
- To operate, evaluate, debug, identify and repair errors, effectuate similar functional enhancements, and improve our Websites, products, or other services.
- To protect the legal rights, property, safety, and security of us, our users, our employees, and others.
- To comply with law and legal obligations.
- To an actual or potential buyer, successor, or other organization in the event of an actual or potential merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, including as part of bankruptcy, liquidation, or similar proceedings.
- To such other parties as you may authorize or that we otherwise disclose.
- For purposes described in the Uses and Purposes of Processing Your Information section above.
LINKED WEBSITES/THIRD PARTY DEALERS
You may choose not to provide the Personal Information we request through Our Website. However, not providing information we request may restrict your ability to use certain features of Our Website. For example, you may be able to restrict the collection of Personal Information or functionality through your device’s operating system or by disabling cookies, but doing so may prevent you from using the functionality of Our Website. Some browsers have a “do-not-track” feature that let you tell websites that you do not want to have your online activities tracked. At this time, Our Website does not respond to browser “do-not-track” signals. We allow third parties to use Our Website to collect Personal Information about your online activities over time and across different websites, applications, and other online products or services.
You may also send us an e-mail at [email protected] to request access to, correct or delete any Personal Information that you have provided to us. We may not accommodate a request if we believe fulfilling the request would violate any law or legal requirement, cause the information to be incorrect, or otherwise is not required by law.
CHILDREN UNDER AGE OF 16
Our Website are not intended for children under 16 years of age. No one under age 16 may provide any information to or through Our Website. We do not knowingly collect Personal Information from children under 16. If you are under 16, do not use Our Website, register to use any of the features on Our Website, provide any information on Our Website or through any of its features, use any of the interactive features of Our Website, or provide any information about yourself to us (including your name, address, telephone number, e-mail address or any screen name or user name you may use). If we learn we have collected or received Personal Information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at [email protected].
We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to Our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on Our Website.
RETENTION OF PERSONAL INFORMATION
We retain Personal Information for as long as necessary to carry out the processing activities described above, including but not limited to providing Our Website or content, products, or other services we make available, compliance with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, and protecting our and our business partners’ and customers’ rights, property, or safety, and the rights, property, and safety of our users and other third parties.
Your Personal Information will be stored and processed in your region, in the United States, and in any other country where we or our affiliates, subsidiaries, or service providers operate. Typically, the primary storage location is in the customer’s region or in the United States, and may have a backup to a data center in another region. You acknowledge that we will transfer your Personal Information to, and store your Personal Information in, jurisdictions which may have different data protection rules than in your country, and Personal Information may become accessible as permitted by law in those territories, including to law enforcement and/or national security authorities in those territories.
When we transfer Personal Information subject to the data protection laws of the European Economic Area (“EEA”), Switzerland, or the United Kingdom (“UK”) to entities located outside the EEA Switzerland, or the UK, we will rely on a legal framework that provides appropriate safeguards, which could include the standard contractual clauses, binding corporate rules, or frameworks deemed adequate by the European Commission or relevant governmental authorities of Switzerland or the UK.
ADDITIONAL INFORMATION FOR INDIVIDUALS LOCATED IN THE EEA, SWITZERLAND, AND THE UNITED KINGDOM
If you are located in the EEA, Switzerland, or the UK, you may have certain rights in regard to your Personal Information. These rights may include, depending on the circumstances surrounding the processing of Personal Information, the following:
- The right to access the Personal Information that we have about you and other information about our Processing of the Personal Information,
- The right to correct any inaccurate Personal Information about you.
- Under certain conditions, the right to request us to delete or remove certain Personal Information from our records.
- The right to object to or restrict processing of Personal Information, under certain conditions.
- The right to data portability, which means that you can request that we provide certain Personal Information we hold about you in a format you can more readily use;
- The right to withdraw consent, where processing of Personal Information is based on your consent; and
- The right to lodge a complaint with a supervisory authority.
ADDITIONAL INFORMATION FOR RESIDENTS OF CALIFORNIA, COLORADO, CONNECTICUT, UTAH, AND VIRGINIA
The US states of California, Colorado, Connecticut, Utah, and Virginia have laws that require additional information to be shared with residents of those states (“consumers” or “you”). This section supplements the information contained in this policy by providing certain information and describing certain rights that apply only to these consumers. This section only applies to Personal Information subject to the requirements of the laws referenced above and does not apply to data, such as deidentified data, not subject to those requirements.
Personal Information Rights and Choices
We have described below some privacy rights we offer to you and others. Where the rights described below are provided by law, there may be limitations or exceptions that apply to your request in accordance with applicable legal requirements. We have described these rights generally, without noting all applicable or potentially applicable limitations or exceptions. When you make a request, we may provide more detailed information regarding any legal requirements applicable to or your request and whether any exception or limitation applies.
Rights to Know About Personal Information Collected, Disclosed or Sold and to Data Portability
- Your Rights to Access Specific Information and Data Portability. You have the right to request that we confirm that we process your Personal Information, or to ask us for a copy of the Personal Information we have collected about you.
- California Residents’ Right to Request Information About Our Practices Regarding Personal Information That We Collect and Disclose. California residents who have an established business relationship with us may request information regarding third parties, if any, to whom we may have disclosed Personal Information (as defined by Cal. Civ. Code. § 1798.83(e)(7)) for the direct marketing purposes of those third parties during the preceding calendar year. Requests may be made only once per year per person. To submit a request, send an email or letter to the addresses provided in the Contacting Us section at the end of this Privacy Notice.
In addition, if you are a California resident, you have the right to request that we disclose certain information to you about our sale, collection, use, and disclosure of your Personal Information during the applicable time period for your request. If we receive and confirm a verifiable consumer request from you pursuant to the Exercising Your Rights section below, we will disclose one or all of the following depending on the scope of the request:
- Categories of Personal Information we collected about you.
- The specific pieces of Personal Information we collected.
- The categories of the sources of the Personal Information.
- Our business or commercial purpose for collecting your Personal Information, selling Personal Information, or sharing Personal Information for cross-context behavioral advertising purposes.
- The categories third parties to which we disclosed your Personal Information.
- If we sell Personal Information, share Personal Information for cross-context behavioral advertising purposes, or otherwise disclose Personal Information about you, a list of the categories of Personal Information that we sold, shared for cross-context behavioral advertising purposes, or otherwise disclosed to third parties during the applicable time period for your request.
Right to Request Deletion of Personal Information
- Your Right to Deletion. Subject to certain exceptions, you have the right to ask us to delete your Personal Information.
Rights to Request to Opt Out of the Sale of Personal Information and Certain Sharing or Processing for Targeted or Cross-Context Behavioral Advertising Purposes
- Right to Request to Limit Our Use of Your Personal Information for Targeted Advertising. You can ask us not to use your Personal Information for targeted online advertising, which means we will not use Personal Information form your activities over time across websites and applications we do not operate to present ads that we think will interest you, by visiting Do Not Sell or Share My Personal Information.
- California Residents’ Right to Request Opt-Outs for Sales and Sharing for Cross-context Behavioral Advertising. If you are a California resident, you can exercise your right to opt out of the “sale” or “sharing” of your Personal Information under applicable California law by visiting the following link: Do Not Sell or Share My Personal Information.
We have also configured Our Website to process opt-out preference signals that may allow you to inform us of your desire to opt out of the online sale and sharing of your Personal Information for targeted or cross-context behavioral advertising. Opt-out preference signals must be in a format commonly used and recognized by businesses and be delivered by a platform, technology, or mechanism that makes clear to consumers that the use of the signal is meant to have the effect of opting the consumer out of the sale and sharing of Personal Information as described above.
If we receive an opt-out preference signal from you, we may offer you the option to provide additional information to help facilitate your opt-out request. We may also notify you if an opt-out preference signal we receive from you conflicts with your privacy settings or participation in certain programs we offer, and request your consent to sales or sharing of Personal Information or to affirm your intent to withdraw from any relevant programs.
Even if you opt out of the sharing or processing of your Personal Information for targeted or cross-context behavioral advertising, you may still see our ads online at other sites and apps, and we may still base aspects of ads on your interactions with us and Our Website.
- Colorado Residents’ Right to Ask Us Not to Sell Personal Information. If you are a Colorado resident, you can tell us not to sell (defined by Colorado law to mean disclosing Personal Information to a third party in exchange for anything of value), your Personal Information according to applicable law by visiting the following link : Do Not Sell or Share My Personal Information.
- Connecticut Residents’ Right to Ask Us Not to Sell Personal Information. If you are a Connecticut resident, you can tell us not to sell (defined by Connecticut law to mean disclosing Personal Information to a third party in exchange for anything of value), your Personal Information according to applicable law visiting the following link: Do Not Sell or Share My Personal Information.
Right to Request Correction of Your Personal Information
- Your Right to Ask Us to Correct Your Personal Information. You can ask us to correct Personal Information about you that is inaccurate. We will take into account the nature of the Personal Information and the purposes of our processing when we address your request.
Right to Non-Discrimination for Exercising Your Rights
- Our Non-Discrimination Policy. You have a right to not receive discriminatory treatment for exercising the rights described in this section.
California and Colorado Residents - Notice of Financial Incentives and Loyalty Programs
We may offer voluntary referral and incentive programs that offer rewards or promotions, such as discounts, free products, and other perks. For example, we may offer you discount or free trial codes for third party products and services in exchange for providing us your email address or other contact information or allowing us to disclose your email address or other contact information in exchange for valuable consideration.
Because we ask you to provide personal information and allow us to disclose personal information for valuable consideration when you sign up for these programs and you receive benefits, including potential financial benefits such as discounts, free products, and other perks when you participate in them, they may be considered a “financial incentive” under the CCPA or a “bona fide loyalty program” under Colorado law. The value of the personal information we process through these programs is inherently variable and depends on each participant’s purchasing and reward redemption activity. We estimate, however, that the value of the personal information we collect from each program participant is equivalent to the expenses related to our providing the program to that program participant, including the cost of discounts, free products, and other perks that the participant earns, and the value of discounts on any purchases made by the participant that are related to their participation in the program.
We may disclose the data we collect through these programs to our affiliates, service providers, and third party loyalty program benefit partners providing program benefits, such as vehicle manufacturers and music and audio streaming services, and such third parties as you may authorize. To our knowledge, none of those parties knowingly collect and sell personal information of consumers with which the party does not have a direct relationship to third parties.
Depending on the nature of the programs in which you participate, our third party loyalty program benefit partners (e.g. vehicle manufacturers, music and audio streaming services) may provide benefits such as discounts, free products, preferred terms, or other perks.
You can opt in to participate in these programs when registering for them by checking the box or clicking the provided link at the time of registration. You may request to withdraw from these programs at any time by contacting us as described in the Contacting Us section of this Policy below or as otherwise provided in other terms or conditions that govern the applicable program.
In some cases, deleting personal information may prevent us from providing you benefits of these programs. For example, if you delete your contact information from your account or we delete your contact information in response to your request, we will not be able to contact you to provide discount codes or other benefits.
Exercising Your Rights
- Ways to Exercise Your Rights. If you would like to exercise your rights, please contact us as described elsewhere in this section or by:
- Calling us toll-free at 1-800-538-6576
- Emailing us at [email protected]
- Verification of Your Identity and Authorized Agents. Only you, or an authorized agent 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.
Your request must provide information sufficient to permit us to reasonably verify you are the person about whom we collected Personal Information, or an authorized representative of that person. In order to verify your request, we may ask you to provide information such as your first and last name, email address, mailing address, telephone number, or any other information necessary to verify your identity or status as a representative of the person. Your request also must include sufficient detail for us to properly understand, evaluate, and respond to it.
If we cannot fulfill, or are permitted to decline, your request then we will alert you or your authorized representative. We may charge a reasonable fee to respond in certain circumstances where permissible under applicable law, such as if you have made several repetitive requests. For data portability requests, we will select a format to provide your Personal Information that is readily usable.
In certain situations, if we do not fulfill your request, you may appeal by contacting us through the methods described above.
Information We Collect
We have collected the following categories of Personal Information from consumers within the last twelve (12) months:
|A. Identifiers.||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.|
|B. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some Personal Information included in this category may overlap with other categories.|
|C. Protected classification characteristics under California or federal law.||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.|
|E. Internet or other similar network activity.||Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.|
|F. Geolocation data.||Approximate location as derived from your IP address.
|G. Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.|
|H. Professional or employment-related information.||Current or past job history or performance evaluations.|
|I. Inferences drawn from other Personal Information.||Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
We obtain the categories of Personal Information listed above from the following categories of sources:
- Directly from our clients or their agents.
- Indirectly from our clients or their agents. For example, through information we collect from our clients in the course of providing services to them.
- Directly and indirectly from activity on Our Website. For example, Our Website’ usage details that we collect automatically.
- From third parties that interact with us in connection with the services we perform.
Purposes for Using, Disclosing, and Otherwise Processing Personal Information
We may collect and use the categories of Personal Information described above for one or more of the business and commercial purposes described in the How We Use Your Information section above.
Disclosing Personal Information
In the preceding 12 months, we may have disclosed the categories of Personal Information listed below to the categories of third parties identified below for a business purpose:
In the preceding twelve (12) months, we may have disclosed the following categories of Personal Information to the third parties identified below for a business purpose:
Category A: Identifiers.
Category B: California Customer Records Personal Information categories.
Category D: Commercial Information.
Category E: Internet or other similar network activity.
Category F: Geolocation Data.
Category G: Sensory Data.
Category H: Professional or employment-related information.
Category I: Inferences drawn from other Personal Information.
We disclose your Personal Information for a business purpose to the following categories of third parties:
- Our affiliates and subsidiaries.
- Our business partners, such as dealers and distributors.
- To our contractors, service providers, and other third parties we use to support our organization.
- Third parties to whom you or your agents authorize us to disclose your Personal Information in connection with products or services we provide to you.
- As described in the Disclosure of Your Information section above.
We do not disclose Personal Information to third parties in exchange for monetary consideration (e.g., a cash payment). However, some applicable laws define “sale” very broadly in a manner that includes disclosing Personal Information in exchange for valuable consideration, and also regulate “sharing” and other use of Personal Information for targeted or cross-context behavioral advertising. Under those laws, we may sell or share, and in the preceding 12 months, we may have sold to third parties, or shared with third parties for cross-context behavioral advertising, the following categories of Personal Information:
Category A: Identifiers.
Category D: Commercial Information.
Category E: Internet or other similar network activity.
Category F: Geolocation Data.
Category I: Inferences drawn from other Personal Information.
We may have sold or shared each of these categories of Personal Information with third parties such as our dealers and distributors, data partners, advertising networks that enable or participate in targeted and cross-context behavioral advertising, social media platforms, and analytics partners that provide online tracking technologies that we use to analyze use of Our Website.
We do not have actual knowledge that we sell the Personal Information of consumers under the age of 16 or share the Personal Information of consumers under the age of 16 for targeted or cross-context behavioral advertising.
Email: [email protected]
Mail: McIntosh Laboratory, Inc.
Attn: Privacy Compliance Officer
2 Chambers Street
Binghamton, NY 13903-2699