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PRIVACY POLICY

WOODPECKERS, LLC AND WOODPECK.COM PRIVACY POLICY

INTRODUCTION

Privacy Policy

WHAT THIS PRIVACY POLICY COVERS

This Privacy Policy covers the treatment of personally identifiable information (“Personal Information”) gathered in order to establish and extend business and employment relationship with Woodpeckers, LLC (“COMPANY”, “we” or “us”), including but not limited to when you are using or accessing Woodpeckers websites and mobile applications (“Sites”) or information you have provided in other ways. This Privacy Policy also covers our treatment of any Personal Information that our business partners share with us or that we share with our business partners.

Woodpeckers Sites contain links to other sites that are not owned, maintained or operated by Woodpeckers. This Privacy Policy does not apply to the practices of third parties that Woodpeckers does not own or control, including but not limited to any third party websites, services and applications (“Third Party Services”), that you elect to access through Woodpeckers Sites or to individuals that we do not manage or employ. While we attempt to facilitate access only to these Third Party Services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review the privacy policies of any Third Party Services you access. The inclusion of a link from or to Woodpeckers Sites does not imply recommendation or sponsorship by Woodpeckers and Woodpeckers disclaims any liability for such links.

WHAT INFORMATION WE COLLECT

We receive and store any information that you enter on our Sites or provide in other ways. Several areas of our Sites allow you to make inquiries or request literature by filling out and submitting an online form.
Most of our Sites do not require any form of registration, allowing you to visit our Sites without telling us who you are. However, some services may require you to provide us with Personal Information. The information you submit during registration may include company information
including address, fax, email, contract information, user information, user comments and survey responses.

In order to establish a business or employment relationship or complete a transaction with Woodpeckers, you may be asked to provide information such as name, address, telephone, email address, banking information, credit card number and other relevant information. In these situations, if you choose to withhold any Personal Information requested by us, it may not be possible for you to gain access to certain parts of our Sites and for us to respond to your inquires, including but not limited to providing services, completing purchases or sales, performing marketing actions, and meeting our contractual obligations.

Standard server logs with IP addresses are collected as part of a business critical need to prevent fraud.

HOW WE USE THE INFORMATION WE COLLECT


We may gather information that helps show how customers use the Sites. For example, we might do research to determine which areas are accessed most frequently. The information we gather when you visit our Sites or provide in other ways may be used to improve the products we offer to our customers. In the end, we hope this information will help us build richly dynamic Sites and valuable services that not only fulfill all of our customers’ industrial product needs, but also provide an easy-to-use interface and an overall enjoyable shopping experience. In effect, we want to tailor our Sites and marketing profiling so that our customers receive more of what they want from us and less of what they don't want.

Our Sites are designed to build HTML pages dynamically and according to account information. Therefore, the information that is stored within our databases is retrieved so that only those registered and authorized users have access to their account information. Email information is requested so that we can email you the related transactional documents for your order and for transaction processing within the business context as implied in our buyer and seller agreements. All other data collected through emails is used to improve our marketing communications with you.

We release account and other Personal Information when we believe release is appropriate to: (i) comply with the law; (ii) enforce or apply our Terms of Access and other agreements; or (iii) protect the rights, property, or safety of Woodpeckers Sites, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable or credit card information for purposes in violation of the commitments set forth in this Privacy Policy.

INTERNATIONAL PRIVACY LAWS

If you are visiting Woodpeckers Sites from outside the United States, please be aware that you are sending information, including Personal Information, to the United States. That information may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how it is stored by us. These countries, including the United States, may not necessarily have data protection laws as comprehensive or protective as those in your country of residence; however, our collection, storage and use of your Personal Information will at all times continue to be governed by this Privacy Policy.

COOKIES – WHAT THEY ARE AND HOW WE USE THEM

Our Sites use "cookies," which are small pieces of information stored by your browser or other application on your computer's browser or hard drive. The cookies are used to connect your computer with information stored about your online activity, searches, preferences and product purchases both within the same website visit and from one visit to the next on Woodpeckers Sites and/or other websites. Some examples of this data may include your account preferences, user specific information on pages accessed, searched terms or addresses entered, and previous visits to the sites. The "help" portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive new cookies or how to disable cookies altogether. If you reject cookies, you may not be able to participate in certain activities or receive a promotion tailored to you. The Woodpeckers Sites do not control and do not guarantee the effectiveness of browser-based tools for managing cookies.

Woodpeckers uses Google Analytics to monitor activity on our Sites. To learn how Google Analytics collects and processes data, please visit: “How Google uses data when you use our partners’ sites or apps” located at www.google.com/policies/privacy/partners.

Here are categories of cookies that Woodpecckers leverages to support its Sites:

Categories of Use

Description

Authentication and Security

  • Tracks user sign-in
  • To keep track of user sessions
  • Preserve user session state across page requests.
  • To identify trusted web traffic.

Performance and Analytics

  • To calculate the number of visitors and sessions.
  • To generate statistical data on how the visitor uses the website.
  • To deliver consistent user experience across page loads
  • To identify the most clicked and viewed points of a website page and create heat maps.

Marketing

  • To help deliver marketing campaigns and track their performance.
  • To track which advertisements and campaigns are best at driving customer activity and customer conversion.
  • To link visitor behavior to the recipient of an email marketing campaign and track prospects and customer site views.

Preferences, features, and services

  • To set language and communications preferences.
  • Provide custom product details and information
  • Provide support services and in application notifications.

Service Monitoring and analytics

  • To monitor session counts.
  • To view site usage recording
  • To analyze UI usage patterns through heat map

 

HOW WE USE EMAIL

After you place an order on our Sites, you will receive an email confirmation of your order placement. You will receive these emails only if you have provided your email address.

In addition, we may use email for providing you with information on promotions, outages and other events. We also use email as a means of communicating with you. Please note that we do not sell email addresses to other companies.

MINORS AND THE PURCHASE OF PRODUCTS ON APPLIED SITES

Woodpeckers Sites do not knowingly sell products for purchase by minors under 18 years of age. If you are under 18, you may purchase products on Woodpeckers Sites only with the involvement of a parent or guardian.

APPLIED SECURITY POLICY

The importance of security for all personally identifiable information associated with our guests is of utmost concern to us. We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software. We reveal only the last four digits of your credit card numbers when confirming an order. Tokenization of the entire credit card number is performed during order processing by third party. As a result, while we strive to protect your Personal Information,

Woodpeckers can't ensure or warrant the security of any information you transmit to us or from our online products, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems. Ultimately, you are responsible for maintaining the secrecy of your passwords and any account information. Be sure to sign off when finished using a shared computer.

UPDATES


Woodpeckers may update this policy from time to time. Updates will be posted on our Sites and will be effective as of the date of posting. We ask that you check our Sites periodically for updates to this and other policies.

YOUR RIGHTS
You can contact us at any time to:
• Request access and portability to information that Woodpeckers has about you
• Correct any information that Woodpeckers has about you
• Delete specific data permanently or restrict for processing or transferring data to third parties that Woodpeckers has about you
• Object to processing of any Personal Data you provided, including but not limited to automated decision-making and profiling for marketing purposes.

If you have any questions about Woodpeckers’ collection and storage of data, please contact us at:
mailroom@woodpeck.com

NO GUARANTEE

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, and despite our efforts, WOODPECKERS, LLC cannot guarantee or warrant the security of any information you transmit to us, or to or from our online products or services. WOODPECKERS, LLC further disclaims all warranties regarding the security of personal information in the hands of payment processors.

PROTECTION FROM HARM

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Web site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Web site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying, or use of which is subject to additional terms and conditions, stated or unstated. WOODPECKERS,LLC disclaims any responsibility for any harm resulting from the use of content posted on this Web site.

WAIVER OF DAMAGES

You agree that, in addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through this Web site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

You agree to indemnify and hold harmless WOODPECKERS, LLC, and its subsidiaries, shareholders, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your participation in WOODPECK.COM or the Sites, your violation of this Agreement, or your actions that harm the rights of another person or entity. All information on this Web site and products offered are provided “as is,” without warranty of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow the exclusion of implied warranties, therefore, some of the above exclusions may not apply to you. However, in no event will WOODPECKERS, LLC be liable for any damages whatsoever, including special, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data as a result of claims, whether brought in contract or tort, arising out of or connected with this Web site.

This Web site may not be available at all times. You agree that WOODPECKERS, LLC will not be held liable if the Web site is unavailable at any time. WOODPECKERS, LLC does not accept liability for technical, hardware, or software failures of any kind or lost or unavailable network conditions which may limit or prohibit your opportunity to participate in any way. You assume all responsibility and risk for the use of this server and the Internet generally.

INTELLECTUAL PROPERTY

A. You may not use, copy, or distribute the information, designs, or data found on this Web site, except for personal or noncommercial purposes. You are not granted any right or license under any copyright, trademark, service mark, patent or other intellectual property right in the information, services, processes or technology of WOODPECKERS, LLC, and FRONT OFFICE MEDIA retains all such rights.

B. You may not use another user's information for business or commercial purposes.

C. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about who repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement:

James S. Aussem
Cavitch, Familo & Durkin Co. ,L.P.A.
1300 East Ninth Street
Twentieth Floor
Cleveland, OH 44114
216-621-7860
jaussem@cavitch.com

D. You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Web site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

Miscellaneous

A. If any provision in this agreement is found by a court of competent jurisdiction to be invalid, WOODPECKERS, LLC and you agree that the court should give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement will remain in full force and effect.

B. You agree that any lawsuit relating to the Sites or any activity thereon must be brought in state or federal courts located in Cuyahoga County, Ohio, USA. You agree to submit to the personal and exclusive jurisdiction in such courts and waive all questions of jurisdiction and venue. The terms of this Agreement and the relationship between you and WOODPECKERS, LLC will be governed by Ohio law, without regard to conflicts of state law.

C. The section headings used herein are for convenience only and shall not be given any legal import.