HGR Policies – Privacy Statement

Effective September 1, 2021

Privacy Statement

HGR Industrial Surplus, LLC (hereinafter referred to as “HGR” or “we“) is committed to protecting your privacy. To help you understand how we collect, use and share information about you, we encourage you to read this Privacy Statement, which applies to your use of the HGR web site operated by HGR (e.g., https://hgrinc.com), and any website on which this Privacy Statement appears, along with any emails that we send to you, and any mobile applications that we provide to you (together the “HGR Sites” or the “Sites“).

This Privacy Statement describes:

• What Information HGR Collects
• How the Information is Used
• Information Sharing: How and With Whom We Share Your Information
• Miscellaneous Policies and Information
• Contact Information

1. The Information HGR Collects

HGR gathers information from you in two ways: (1) information you provide during voluntary registration and related to Equipment listings, (2) information passively collected through technologies such as cookies, web beacons, and server log files. We refer to both types of information as “Information” in this Privacy Statement.

Information You Provide. When you register with HGR and/or wish to use the HGR Sites, we may ask for certain personal information, such as your name, address, and email address. Other specific services that may be offered to you by HGR from time to time may have additional registration requirements and so may require you to provide additional information. These include payment or shipping information or other contact information.

Information Collected Automatically. We also collect information about you, your browser or your device (and how you interact with them or with the HGR Sites), when you access the HGR Sites, using automated means such as cookies, web server logs, web beacons and JavaScript. Those technologies and the data they collect include the following:

• Cookies. Cookies are files that websites and other servers may send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings on your device. Our Sites and emails may use HTTP cookies, HTML5 cookies, Flash cookies and other types of local storage (such as browser-based or plugin-based local storage). Your browser may tell you how to be notified when you receive certain types of cookies and how to restrict or disable certain cookies. You also may be able to delete your Flash cookies or adjust your Flash cookie settings by visiting the Adobe Flash Website Storage Settings Manager by following Adobe’s instructions here (instruction vary depending on your operating system and version of Flash). Please note, however, that without cookies you may not be able to use all of the features of our (or other) Sites.
• Web Server Logs and Web Beacons. In conjunction with the gathering of information through cookies, Web servers may log information such as your device type, operating system type, browser type, domain and other system settings, as well as the language your system uses and the country and time zone where your device is located. The Web server logs also may record information such as the address of the Web page that referred you to our Sites and the IP address of the device you use to connect to the Internet (which may indicate to us your general location). They also may log information about your interaction with our Sites, such as which pages you visit or how you engage with, open or respond to emails that we send. To control which Web servers collect information by automated means, we may place tags on our Web pages or in our emails called “Web beacons,” which are files that link Web pages to particular Web servers and their cookies.
• JavaScript. We or third parties also may send instructions to your device using JavaScript or other computer languages to store or gather the sorts of information described above and other details about your interactions with the Sites.
• Mobile Device Identifiers. We may collect information about your mobile device, including unique device identifiers such as Apple IDFAs or Android Advertising IDs, device type, mobile browser information, and IP address (from which we may infer your general location information).
• Social media information. If we provide a way to log in to your account or our website using an external social media account, the social media account platforms provider (for instance, Facebook) may automatically send us information about your account or your profile. To learn more about what data about you those social media platforms may share with us, you should consult the privacy and data policies of those platforms.
• Information Received from Third Parties. We also may receive information about you from third parties. For example, we may supplement the information we collect with outside records, or third parties may provide information in connection with a co-marketing agreement or at your request. If we combine the information we receive from others with personal information we collect through the Site, we will treat the combined information as personal information as described in this Privacy Statement.

2. How the Information is Used

Our primary purpose in obtaining your information is to provide you with the HGR services as efficiently as possible and communicate with you in various ways. For example, HGR uses your personal information to identify you as a customer, to set up and administer your account, to take, process, and deliver your orders or bids for Equipment, to process or obtain payment of your orders, and to provide you with effective customer service and/or technical support. More specifically, we may use the information you provide directly to us and information collected by automated means for a number of purposes, including to:

• Process, evaluate, and respond to your purchases, requests, inquiries, and applications.
• Create, administer, and communicate with you about your accounts, including by email (as further described below).
• When you make purchases through the services, we may process your payments through a third-party application, such as a third-party payment processor. In these instances, the third-party application may collect certain financial information from you to Process a payment on behalf of iGAM, including your name, email address, address and other billing information in which case the use and storage of your financial information is governed by the third-party app’s terms, conditions and privacy policies.
• External operators of websites, applications, services and tools.
• Work with third party partners to provide you with additional services requested.
• Enable the delivery of purchased items by logistics/shipping service providers including notification in connection with the delivery (such as tracking information), the latter to the extent permitted by applicable law.
• Contact you with marketing communications online and offline (including co-marketed and co-branded communications) and compile aggregated statistics and determine the effectiveness of our promotional campaigns.
• Display relevant advertising to you on our Sites and across the Internet for HGR, our co-marketing or co-branding partners or other third parties (such as third parties that wish to display ads or other content on our Sites).
• Verify your identity and track how you use our Sites.
• Operate, evaluate, and improve our business (including developing new products and services; manage our communications; perform market research and data analytics and data enhancement; determine and manage the effectiveness of our advertising and marketing; analyze, improve and customize products, services, HGR Sites and communications; administer the HGR Sites; and perform accounting, auditing, billing, reconciliation, and collection activities).
• Protect against and prevent fraud, unauthorized transactions, claims and other liabilities, and manage risk exposure and quality.
• Comply with and enforce applicable legal requirements, industry standards and our policies and terms, such as our Website Use Agreement.

E-mail. If you register with the HGR Sites, from time to time, we may email you with informative messages about our services or third-party products and services we believe may be of interest to you. If you do not want to receive these types of emails please let HGR know by email to Privacy@hgrinc.com. HGR also provides opt-out information in all marketing communications via an “unsubscribe” link in communication emails. This link directly unsubscribes you from any further communications from us that are unrelated to a service we are providing or are required to provide to you. Please note that it may take us some time to process your requests, consistent with applicable law. Note that you do not have the ability to opt-out of non-marketing communications that we send you in connection with the use of our services, such as when you have engaged in transactions with us.

Web Analytics. We sometimes use third-party Web analytics services on the HGR Sites, such as those of Google Analytics and Google Analytics Demographics and Interest Reporting. These service providers use cookies and other technology (as described in the “Information Collected Automatically” section) to help us analyze how users use the Sites. The information collected by such technology (including, where applicable, your IP address) will be disclosed to or collected directly by these service providers. Learn about Google Analytics and its opt-out choices here.

Ad Targeting. When you visit or log in to the Sites or interact with our Services (such as when you open or respond to an email we send you), data may be collected for use in providing advertising tailored to your individual interests on other websites and online services. You have choices as to whether to have your information collected for that purpose. We participate in advertising services administered by third parties. The ad services may track your online activities over time by collecting information through automated means, including through the use of the automated technologies described above. They may use this information to show you advertisements for HGR or others that are tailored to your individual interests or characteristics and/or based on prior visits to the HGR Sites. We and third-party vendors may use first-party cookies and third-party cookies together, as well as other automated means and the data collected through such means (i) to inform, optimize, and serve ads (including ads based on past visits to the HGR Sites) and (ii) to report on our ad impressions, other uses of ad services, and interactions with these ad impressions and ad services or emails you receive (including how they are related to visits to the HGR Sites). To learn more about interest-based advertising generally, including how to opt out from the targeting of interest-based ads by most ad service providers and platforms, please click here.

Anonymous or De-Identified Data. HGR may anonymize and/or de-identify information collected by the HGR Sites or via other means so that the information does not identify you. Notwithstanding any other provision in this Privacy Statement, HGR’s use and disclosure of aggregated and/or de-identified information is not subject to any restrictions under this Privacy Statement, and we may disclose it to others without limitation for any purpose.

Specific uses of personal information that vary from this Privacy Statement (if any) may be found in the terms and conditions or privacy policies applicable to that particular service. To the extent that you are notified of uses of your personal information which are different from those described in this Privacy Statement during your enrollment in any particular service, contest or promotion, the uses of which you are specifically notified will govern that service, sweepstakes, contest or promotion.

3. Information Sharing: How and With Whom We Share the Information

• Sharing With Affiliates. We may share any of the Information with affiliated companies under common ownership or control, such as companies that are part of the HGR family of companies. We share information with our affiliates so that they may provide you with information regarding products and services that may be of use to you, and for any other use set forth in this Privacy Statement. If we choose to share Information in this fashion, we will require our affiliates to honor this Privacy Statement.
• Sharing With Nonaffiliated Third Parties and Partners. We may share any of the Information with our partners with whom we offer co-branded, joint, or customized products or services, or other parties whose offers of services or products we believe you may wish to receive. This information may include, for instance, your contact information and information about your purchases or likely interests.
• Sharing With Service Providers. We share personal information we collect on our Sites with our service providers. These may include, for instance, third parties that provide services to us regarding email marketing, market research, data analytics and data enhancement, customer service, site operations and hosting, systems management, system applications, accounting, auditing, billing, reconciliation, and collection activities.
• Sharing of Aggregated or Anonymized Data. We may share aggregated, anonymized or de-identified personal information with any third party, without any restriction, including through the use of cookies and other automated technologies. We may share personal information at your request.
• Sharing As Required by Law and at Our Discretion. Subject to applicable law, we may disclose information about you: (i) if we are required to do so by law, regulation or legal process, such as a subpoena; (ii) when we believe disclosure would be appropriate in response to requests by government entities, such as law enforcement authorities; (iii) when we believe disclosure is necessary or appropriate to prevent physical, financial or other harm, injury or loss to ourselves or any person (including regarding any potential violation of the law or our terms or policies); (iv) in connection with an investigation of suspected or actual unlawful activity; or (v) for fraud detection and prevention.
• Sharing Upon Corporate Events or Changes. We also will transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets (such as in connection with a merger, acquisition, reorganization, dissolution or liquidation) or take steps in anticipation of such a transaction.
• Third Party and Social Media Plug-Ins. Third parties may collect information about your online activities over time and across different websites when you use HGR Sites. For example, we may enable social network plug-ins, whereby those social media providers embed content and tools on our Sites (i.e., the plug-ins), which may collect personal information directly from you in connection with your interaction with such content and tools. Such providers’ use of the information is subject to their own privacy policies, which we recommend you review. We are not responsible for such providers’ privacy practices, which are not covered by this Privacy Statement.

4. Miscellaneous Policies and Information

California Do Not Track Policy

We are committed to providing you with meaningful choices about the information collected on our Sites for third party purposes, and that is why we provide above the DAA opt-out link, and Google opt-out link. However, we do not recognize or respond to browser-initiated Do Not Track signals, as the Internet industry is currently still working on Do Not Track standards, implementations and solutions.

Security of Information

We take our responsibilities seriously and employ what we believe to be appropriate physical, technical, and managerial measures to protect your personal information from unauthorized access. Although HGR uses reasonable efforts to safeguard the privacy of your personal information, transmissions made by means of the Internet cannot ever be made absolutely secure.

Public Disclosure of Data

You should be aware that if you voluntarily disclose personal information online in a public area, that information may be collected and used by others. We do not control the actions of our visitors and registered users. If you disclose personal information in a publicly accessible place in the HGR Sites, you do so at your own risk and you understand that your submitted information may be collected and used by others to send you unsolicited messages, advertisements, or for other purposes. The foregoing does not waive HGR’s right to enforce any legal and contractual rights it may have against those who scrape, crawl or extract data from the Sites, including any such restrictions that may be set forth in our other posted terms and policies.

Please remember that you are solely responsible for maintaining the secrecy of any password you use to register and you should always be careful and responsible whenever disclosing information online.

Notice to Non-U.S. Users

Our computer systems are currently based in the United States, so your personal data will be processed by us in the United States where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. If you create an Account with the HGR Sites as a visitor from outside the United States, by using the HGR Sites, you agree to this Privacy Statement and you consent to the transfer of all such information to the United States, which may not offer an equivalent level of protection of that required in the European Union or certain other countries, and to the processing of that information as described in this Privacy Statement.

By using the HGR Sites and services, you signify your acceptance of this Privacy Statement. If you do not agree or are not comfortable with any policy described in this Privacy Statement, you should immediately discontinue use of the HGR Sites. We reserve the right to modify this Privacy Statement at any time. Your continued use of any portion of the HGR Sites following notification or posting of the updated Privacy Statement will constitute your acceptance of those changes.

Children’s Privacy

Our services are not intended for use by children. We do not knowingly collect information from users or participants who are considered children under applicable laws. To participate in an auction or use our services, you must be 18 or older.

Data Retention

We retain the personal information we receive as described in this Privacy Statement for as long as you use our services or as necessary to fulfill the purpose(s) for which it was collected, provide our services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws. When we are no longer required to retain the personal information as described above, we will destroy, erase, or de-identify it. Permanent deletion of data can be difficult due to the impact on applications and systems. Where legally permissible, we may restrict further access or usage of data instead of deleting it. Legal requirements, however, may require us to retain some or all of the personal information we hold for a period of time that is longer than that for which we might otherwise hold it.

5. Privacy related requests and your preferences

You may request to exercise the data subject rights described in this part by sending correspondence to HGR Industrial Surplus, LLC, 20001 Euclid Ave., Euclid, Ohio 44117 c/o Legal Dept.

California Privacy Rights

California law permits users who are California residents to request and obtain from HGR once a year, free of charge, a list of the third parties to whom HGR has disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. If you are a California resident and would like to request this information, please submit your request in an email to Privacy@hgrinc.com.

Your Rights to Access and Review Certain of the Information that We Hold About You

If you are a citizen of the European Union, you may have a right to access personal information held by HGR which relates to you. You may do this by contacting HGR at Privacy@hgrinc.com. If you think we hold personal information about you that is excessive, or that we should not retain your personal information, please contact us so that we may explain the reasons why HGR retains such information. We will erase personal information within a reasonable time after we no longer need to retain it, taking into account our records retention requirements, your account activity and the applicable law.

Access to Information. In some jurisdictions, applicable law provides the right to be informed of and request access to the personal information we hold and process about you. For instance, for individuals with rights under the General Data Protection Regulation (“GDPR”), you may request information on the purposes of the processing, the categories of personal information concerned, the categories of recipients to whom the personal information have been or will be disclosed, the envisaged period for which the personal information will be stored, the existence of the right to request rectification or erasure of personal information or restriction of processing of personal information or to object to such processing, the right to lodge a complaint with a supervisory authority, any available information as to the personal information’s source (where not collected from you), the existence of automated decision-making, including profiling and, where appropriate, meaningful information on its details. Access to information may be subject to certain exemptions.

Rectification of Inaccurate or Incomplete Data. You have the right to ask us to correct inaccurate or incomplete personal information concerning you. For certain services, you may also use your online account profile page to review and edit some of your personal information.

Data Portability. For individuals with rights under the GDPR, you may request personal information about you, that you provided to us, be delivered to you in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).

Erasure. You can request that we erase your personal information and deactivate your applicable user account. Please note that exemptions and restrictions may apply depending on applicable law. In some cases, we will not erase the data, but instead restrict further processing (e.g. where the information is still necessary in relation to the purpose for which it was collected or is needed to establish, exercise or defend a legal claim). We may also obfuscate/pseudonymize or aggregate data where permitted.

Withdrawing Consent. Where you have provided your consent to our processing of your personal information you may withdraw your consent at any time. Please specify if the request is a general withdrawal or which specific consent you want to withdraw. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal.

Restricting Processing. In some jurisdictions, applicable law may give you the right to restrict the ways in which we use your personal information. For instance, under the GDPR, where:

• you contest the accuracy of your personal information;
• the processing is unlawful, but you oppose the erasure of your personal information;
• we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defense of legal claims; or
• you have objected to the processing based on the grounds described in the next paragraph below and pending the verification whether we have legitimate grounds which override your own.

Objecting to Processing. The GDPR entitles individuals to object to our processing their personal information for certain specific purposes (including profiling) where such processing is based on our legitimate interest. If an individual entitled to do so objects to such processing, we will no longer process their personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing, or such processing is required for the establishment, exercise or defense of legal claims.

If personal information is processed by us for direct marketing purposes, individuals have the right to object at any time to the processing of their personal information for such marketing, which includes profiling to the extent that it is related to such direct marketing.

Lodging Complaints. You have the right to lodge complaints about the personal information processing activities we carry out before your national data protection regulator. We hope though that if you reach out to us first, we can resolve your complaint amicably.

6. Changes to this Privacy Statement

We may change this Privacy Statement at any time by posting the revised statement on this website and indicating the effective date of the revised statement. The revised Privacy Statement will be effective once posted unless we state otherwise.

7. Contact Information

If you have questions or concerns about this Privacy Statement, please send an e-mail to Privacy@hgrinc.com or by regular mail at HGR Industrial Surplus, LLC, 20001 Euclid Ave., Euclid, Ohio 44117 c/o Legal Dept.