Privacy Policy

Privacy Policy

Effective Date: October 2021                                                       Last Reviewed: July 2024

Our Commitment to Privacy

Thank you for visiting the Koki Holdings America Ltd. (“Koki Holdings”) / Metabo HPT website. We respect your privacy and are committed to protecting it through our compliance with this Policy.  We provide this Privacy Policy to help you understand our privacy practices, explain our online information practices, and give you choices about the way your information is collected and used.

We collect information:

• On this Website.
• In email, text, and other electronic messages between you and this Website.
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
• When you provide information to our Customer Service or Service representatives.
  

 This Privacy Policy does not apply to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website that do not include links to this Policy.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. By accessing or using this Website, you agree to this Privacy Policy. This Policy may change from time to time (see Changes to Our Privacy Policy below). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the Policy here periodically for updates.

If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”).We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age.

We do not sell personal information.

Information We Collect About You and How We Collect It

Our Website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”).  Our website has collected the following categories of personal information from its visitors within the last twelve (12) months:

Category A: Identifiers

Examples: A real name, Internet Protocol address, email address, or other similar identifiers, address, telephone number, education, employment, and employment history.

Collected: YES

Category B: Personal information categories (Note: includes those listed in the California Customer Records statute (Cal. Civ. Code §1798.80(e)).

Examples: A name, signature, Social Security number, physical characteristics or description, passport number, driver’s license or state identification card number, insurance policy number, bank account 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.

Collected: NO

Category C: Protected classification characteristics under California and federal law.

Examples: 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).

Collected: Marital status and gender may be collected when you register a product.

Personal information does not include:

• Publicly available information from government records.
• De-identified or aggregated consumer information.
• Information excluded from the scope of the California Consumer Privacy Act of 2018 (CCA), like:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We obtain the categories of personal information listed above: 1. directly from you, for example, from forms you complete on our website or from calling our customer service department and 2. indirectly from you, for example, from observing your actions on our website or interactions with our advertisers.

Use of Personal Information

• We may use your contact information, including your e-mail address and phone number, to communicate with you (e.g., to notify you of special offers or programs you might find of interest, to respond to your inquiries, comments and suggestions, and to contact you otherwise when necessary, complete a customer service request). To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request services or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
• We may share or use your Personal Information to process your employment application, including verifying statements made on your application (e.g., credit and employment history), performing background and credit checks, and drug testing.
• We may use your contact information to provide order status and order tracking information. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• We may use the content of your submissions on the Website for promotional or marketing purposes.
• We may use and share certain information (e.g., including name, address, email address or telephone number, geo-location information and Traffic Data) and aggregate information to better design, operate and improve the Website and our services and to share with our advertising partners.
• If you choose to register or receive products or materials from us, or to otherwise give us Personal Information, we may store and share some or all of that Personal Information and use it for marketing research and marketing purposes.
• We may provide Personal Information to Koki Holdings’/ Metabo HPT’s affiliates or third parties in connection with the business purposes of Koki Holdings’ / Metabo HPT or the Website, including, without limitation, to provide services to you.
• We reserve the right to share any Personal Information in the event of a criminal investigation or suspected illegal activity, to respond to law enforcement requests, or as required by applicable law, court order, or governmental regulations, or to avoid liability, or to protect our rights or property.
• We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
  

Information You Provide to Us

The information we collect may include:

• Information that you provide by filling in forms on our Website or otherwise in connection with a purchase. This includes information provided at the time of subscribing to our services or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, when you report a problem with our Website, when you sign up for our newsletter, complete a survey, fill out a “Contact Us” form, register a product, fill out a rebate form, request information or sign up to receive text alerts, provide feedback, or apply for an employment listing or provide us with such Personal Information offline, e.g., filling out a Warranty Card to register a tool offline, register for a promotion or provide contact information at trade shows.
• Records and copies of your correspondence (including email addresses), if you contact us.
• Information we collect through automatic data collection technologies as you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
• Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.
  

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. Cookies, UID2 tokens or tracking pixels may be collected and used for personalization or targeted advertising.  You can set your browser to refuse/opt out all or some of these browser identity tools, or to alert you when cookies trackers are being sent.  Our third-party advertising partners may use certain information about your visits (e.g., excluding name, address, email address or telephone number, but including but not limited to geo-location information and Traffic Data) to this and other websites, mobile websites and/or mobile applications across your various devices, in order to provide content and advertisements about Metabo HPT to you across those various devices. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. (California Residents see Privacy Rights for California Residents below for specific rights under the CCPA.)

Sharing Personal Information. We may disclose your personal information to a third party for a business purpose or sell your personal information, subject to your right to opt-out of those sales [California residents: see Personal Information Sales Opt-Out and Opt-In Rights below]. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

Notice to European Users

This Website and the services on this Website are targeted for users in the United States of America. Any information you enter on this Website may be transferred outside of the European Union to the United States of America which does not offer an equivalent level of protection to that required in the European Union. In particular, you are advised that the United States of America uses a sectoral model of privacy protection that relies on a mix of legislation, governmental regulation, and self-regulation. Article 26 of the European Union’s Data Protection Directive (Directive 95/46/EC, 1995 O.J. (L 281) 31) allows for transfer of personal data from the European Union to a third country if the individual has unambiguously given his consent to the transfer of personal information, regardless of the third country’s level of protection. By using this Website or the services, you consent to the transfer of all such information to the United States of America which may not offer an equivalent level of protection to that required in the European Union and to the processing of that information by the Company on its servers located in the United States of America as described in this Privacy Policy.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page.  The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: PrivacyOfficer@kokiholdingsamerica.com. 

or by mail at:

Privacy Officer

Koki Holdings America Ltd.

1111 Broadway Avenue

Braselton, GA  30517

Additional Privacy Notice for California Residents

Effective Date: January 2020                                                        Last Reviewed: July 2024

This Privacy Notice for California Residents supplements the information contained in our Privacy Policy above and applies solely to all visitors, users, and others who reside in the State of California (”consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Company has not disclosed personal information for a business purpose.

Sales of Personal Information

In the preceding twelve (12) months, Company had not sold personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
• sales, identifying the personal information categories that each category of recipient purchased; and
• disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
  

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete)your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Provide Warranty or Recall information to you as an owner of Metabo HPT Products.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
  

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by sending us an email at requestremoval@metabo-hpt.com Only you, or a person registered with the California Secretary of State 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.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
  

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by electronic mail communication.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales Opt-Out and Opt-In Rights

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales.  However, you may change your mind and opt back into personal information sales at any time by visiting our website and sending us a message. We will only use personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
  

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send us an electronic message through our website or write us at our address listed on our webpage.