Privacy Policy | Our Commitment to Privacy | Personal Information

PRIVACY POLICY

Last Updated: November 16, 2021

Our Commitment to Privacy

Kirby Opco, LLC, d/b/a The Kirby Company (the “Company,” “we,” “us,” or “our”) takes your privacy very seriously.  We appreciate that you are trusting us with your Personal Information when you email us; call us; buy a Kirby product; visit our primary website, https://kirby.com (the “Website”), our social media sites, and any blogs generated by us (collectively, “Sites”); submit an online request form via our Website; click on an electronic advertisement relating to a Kirby product or demonstration; respond to email campaigns; and express interest in becoming an employee or independent contractor with the Company.

In this Privacy Policy (“Policy”), our goal is to explain to you, in the clearest way possible, what Personal Information we collect; how we use it; when we share it; how we protect it; and what rights you have in relation to it. 

Please note that by visiting the Website, you accept the practices described in this Policy.  If you do not want us to collect or use your Personal Information as described in this Policy, please do not use the Website or interact with any of the Sites or our supporting technologies.  If you reside outside the U.S., you will not be able to submit personal data through the Website unless you consent to this Policy.  Click here for the Website Terms of Use.

 

Table of Contents

    1. What is the scope of the Policy?
    2. What Personal Information do we collect?
    3. How do we collect your Personal Information?
    4. How do we use your Personal Information?
    5. How and when do we share your Personal Information?
    6. How do we protect the Personal Information that we collect?
    7. How long do we keep your Personal Information?
    8. How can you contact us regarding this Policy, including making requests to review, update, or delete your Personal Information?
    9. Do we collect information from minors?
    10. Do our Sites respond to or honor the “Do-Not-Track” setting in your browser?
    11. When does this Policy not apply?
    12. What do I need to know if I am a non-U.S. user?
    13. What if changes are made to the Policy?
    14. What about additional disclosures under the California Consumer Privacy Act?

  1. What is the scope of the Policy?

This Policy applies to all Personal Information that we collect, both online and offline, including through visits to our Sites and use of our products or services as described in this Policy.

We define Personal Information as information that identifies, whether directly or indirectly, a particular individual, such as an individual’s name, address, and telephone number.  When anonymous information is directly or indirectly associated with Personal Information, the resulting information also is treated as Personal Information.    

  1. What Personal Information do we collect?

We collect Personal Information when you email us; call us; buy a Kirby product; visit our Sites or submit electronic forms through our Sites; click on an electronic advertisement relating to a Kirby product or demonstration; respond to email campaigns; and express interest in becoming an employee or authorized distributor with the Company.  This means that your Personal Information may be automatically collected through “technology.”  In other words, when you access and use the Sites, the Company and, in some cases, our third-party service providers, collect data about how you interact with the Sites. 

We collect the following categories of Personal Information:

    1. Identifiers: Name; billing address; shipping address; telephone number; email address; unique personal identifier; online identifier; Internet Protocol (IP) address; or other similar identifiers.
    2. Customer Records Information: Name; billing address; shipping address; telephone number; email address; education history; and employment history.  Please note that all credit and debit card information is transmitted via Transport Security Layer (TSL) encryption to a third-party order and payment processor under contract with the Company; the Company does not store credit and debit card numbers, expiration dates, and/or CVVs.   
    3. Characteristics of protected classifications under California or federal law: Kirby is an equal opportunity employer and does not ask applicants to provide any data regarding protected classifications under the law.  Nonetheless, an applicant may upload a resume through a third-party service provider that divulges data pertaining to race; religion; sexual orientation; gender identity; gender expression; and age.
    4. Commercial information: Records of Kirby systems and related products and accessories purchased or considered for purchase; Kirby unit registration data; purchase, service, and installation dates of Kirby products purchased.   
    5. Internet or other electronic network activity information: Browsing history or search history on our Website, and information regarding a consumer’s interaction with a Site, application, or advertisement, including time on a page, bounce rate, video views, and scroll depth.
    6. Geolocation data: Geolocation data is information that can be used to identify an electronic device’s physical location.  While an address is not identified, the city, state, zip code, and/or country may be.  While a city, state, zip code, and/or country is not Personal Information, we thought it was important to disclose the geolocation data being collected. 
    7. Sensory information: Audio and video information, including voicemail messages, text messages, and recorded videos.
    8. Professional or employment-related information: Data that an applicant may disclose on a resume uploaded through a third-party service provider.
    9. Education information: Data that an applicant may disclose on a resume uploaded through a third-party service provider.
    10. Profile Information: Inferences may be drawn from Personal Information to create profiles reflecting consumers’ preferences, characteristics, predispositions, behavior, and attitudes regarding our products or services.
    11. Behavior: User behavior includes mouse clicks, scrolling behavior, and Website element interactions, such as text, buttons, images, and forms.

NOTICE TO CALIFORNIA CONSUMERS: This section of the Policy serves as your notice at collection required by California law when we collect Personal Information about you online.

  1. How do we collect your Personal Information?

In addition to the Personal Information you directly provide to us, your Personal Information may be collected through a variety of technologies, including:

    • IP Address and Other Connection Information: When you visit the Website, we collect your device identifier, browser information, and Internet Protocol (IP) address. An IP address is often associated with the portal you used to enter the Internet, like your Internet service provider (ISP), company, association, or university.  While an IP address may reveal your ISP or geographic area, we cannot determine your identity solely based upon your IP address.  We do not link your Personal Information to device identifier information, browser information, or IP addresses.  Where, according to local law, IP addresses and the like are considered Personal Information, then we treat them as such.
    • Cookies: Cookies are small files that the Website or our service provider transfers to your computer’s hard drive through your web browser that enables the Website’s or service provider’s systems to recognize your browser and capture and remember certain information.  We use cookies to help us understand how users use and interact with the Website.  For example, cookies gather information about how long you spend on a web page so that we can understand what web pages are of most interest to users.

If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off cookies by adjusting your browser settings.  If you turn off your cookies, some of the features on the Website may not function properly.

    • Google Analytics: We use cookies provided by Google Analytics, a third-party service provider, to assist us in better understanding our Website’s visitors. These cookies collect data tied to a user’s IP address, such as the length of time a user spends on a page, the pages a user visits, and the sites a user visits before and after visiting the Website.  Based on this information, Google Analytics compiles aggregate data about Website traffic and interactions, which we use to offer better Website experiences and tools in the future.  Google Analytics does not collect any Personal Information (other than IP Address, which may be considered Personal Information in some countries).  For more information on Google Analytics, visit https://support.google.com/analytics.
    • HubSpot: HubSpot CRM (Consumer Relationship Management) is software used to capture customer and prospective customer information to better market, communicate, and improve the customer journey and Kirby ownership experience. Personal Information is captured when consumers enter their information on the Website, purchase product on the Website, and/or submit their information on social media forms.
    • Microsoft Clarity: Clarity is a GDPR-compliant data controller used to analyze Website usage to improve the customer experience and allow the Company to make data-driven decisions. Clarity uses cookies to capture user interactions on the Website, such as mouse movements, clicks, and scrolls.
    • E-commerce: E-commerce data such as product volume, coupon code usage, billing information, and shipping information is collected when customers check out on the Website.

  1. How do we use your Personal Information?

Consistent with applicable law and choices and controls that may be available to you, we may use the Personal Information collected from you, or from devices associated with you, to:

    • Provide you with products or services you request, view, engage with, or purchase.
    • Register certain products you purchase for applicable warranties.
    • Send you offers and promotions for our products and services or third-party products and services, unless you have told us you do not want to receive such emails.
    • Communicate with you about your account or transactions with us.
    • Analyze user behavior to help understand how users are interacting with the Website.
    • Gain insight through e-commerce analytics into what products consumers are interested in and how we can better position our product offerings.
    • Assist you with any concerns you have regarding our products, policies, or Sites, with the ultimate goal of providing topnotch customer service.
    • Notify you of changes to our policies.
    • Personalize content and experiences.
    • Conduct research and analyses to evaluate, improve, or change our Sites, applications, products, and services.
    • Provide you with targeted marketing and advertising based on your activity on our Sites.
    • Notify you should an issue arise with any of our products.
    • Evaluate job applications.
    • Provide your information to independent, authorized distributors of Kirby products if you express interest in selling Kirby products.
    • Discover, investigate, and prevent violations of this Policy and applicable law.

  1. How and when do we share your Personal Information?

The Company will not share your Personal Information with a third party except in limited circumstances.  We require third parties to provide safeguards for your Personal Information similar to the ones that we provide.  Your Personal Information may be shared with:

    • Independent, Authorized Distributors of Kirby Products: The Company may share your Personal Information with independent, authorized distributors of our products and independent contractors who assist these distributors in responding to your requests.
    • Third-Party Service Providers: We may share your Personal Information with third-party service providers under contract with the Company so that we may best assist you.  The following are some examples of third-party service providers with which we may share your Personal Information:

    • Data Analytic Providers: We retain third-party service providers to help us perform data analytics regarding your interactions with the Sites.  For example, Google Analytics may track what pages users visit on the Sites and how long they stay there to determine how users are engaging with the Sites.
    • Payment Processors: Through the Website, you transmit your order and payment information through a third-party payment processor.
    • Shipping, Mailing, and Package Delivery Companies: These service providers must have access to your mailing/shipping information to deliver ordered product.
    • Companies that Provide Software and Enterprise Content Services: Companies process owner registration cards and convert them into a digital format so that we may honor and track warranties.
    • Advertising Platforms: We may disclose the fact that you visited our Sites to advertising networks so that they can show you Company advertisements on other websites and platforms.  These services can help us tailor advertising that we think may be of interest to you based on your use of the Sites, and the services also may help us collect and use data regarding your interactions with the Sites.
    • Attorneys: We may disclose your Personal Information to an attorney in the process of obtaining legal advice.
    • Entities Necessary for Legal Compliance and Protection: We may disclose Personal Information when we believe disclosure is necessary to comply with the law or to protect the rights, property, or safety of the Company, our users, or others. This includes exchanging Personal Information with other companies and organizations for fraud protection and credit risk reduction.  Furthermore, we may be required to share Personal Information in a court proceeding; in response to a court order, subpoena, civil discovery request, or other legal process; or as otherwise required by law.
    • Successors in Interest: We reserve the right to disclose and transfer your Personal Information in connection with a corporate merger; consolidation; bankruptcy; sale of substantially all of our interests and/or assets; or other corporate change, including to any prospective purchasers.

Furthermore, you should know that we may supplement the Personal Information we collect about you through the Sites with records received from third parties in order to enhance our ability to serve you, to tailor our content to you, and to offer you information that we believe may be of interest to you. 

  1. How do we protect the Personal Information that we collect?

The security and confidentiality of your Personal Information is important to us.  We have technical, administrative, and physical security measures in place to protect your Personal Information from unauthorized access or disclosure, as well as improper use. 

For example, we use Transport Security Layer (TSL) encryption to protect the data collection forms on our Website.  We also restrict access to your Personal Information, even internally.  Only employees who need your Personal Information to perform a specific job (for example, a customer service representative) are granted access.  Employees understand that this Personal Information is to be treated as confidential and used only as necessary.  

Please note that despite our reasonable efforts, it is not possible for websites and systems to achieve perfect security, as no security measure is ever perfect or impenetrable, so we cannot guarantee the security of your Personal Information.  It is important for you to protect against unauthorized access to your password and to your computer.  Be sure to close your browser after you have completed your visit to the Sites.

  1. How long do we keep your Personal Information?

We maintain your Personal Information until you decide to have your Personal Information removed from our databases.

  1. How you can contact us regarding this Policy, including making requests to review, update, or delete your Personal Information?

Some consumers may have a right to access, update, correct, and/or delete their Personal Information.  You may contact us at 800-494-8586, [email protected], or through the Request Form found here.

If you have any questions about this Policy, we will do our best to answer them promptly.

  1. Do we collect information from minors?

We respect the privacy of children.  As such, we do not knowingly collect or solicit any Personal Information from anyone under 16 years of age.

The Sites, products, and services are all directed to people who are at least 16 years old or older.  If you are under the age of 16, you are not authorized to use the Sites.

Please contact us using the contact information in the section directly above if you believe we may have collected information from your child under the age of 16, and we will work to delete it. 

  1. Do our Sites respond to or honor the “Do-Not-Track” setting in your browser?

Do Not Track (“DNT”) is a preference you can set in your browser’s settings to let websites you visit know that you do not want these websites to collect your Personal Information.  

We support the DNT browser setting to the best of our ability.  However, at this time, no uniform technology or standard for recognizing and implementing DNT signals has been finalized or accepted.  As such, we try to reasonably honor this signal that automatically communicates your choice not to be tracked online or while using our Sites.

  1. When does this Policy not apply? 

We provide links to third-party websites operated by organizations not affiliated with the Company.  We do not disclose your Personal Information to organizations operating such linked third-party websites.  We do not review or endorse, and are not responsible for, the privacy practices of these organizations.  We encourage you to read the privacy policy of each website that you visit.

Furthermore, while this Policy may apply when (1) you express an interest in becoming an independent salesperson with one of our independent distributors by submitting a request through the Website, (2) you request an in-home demonstration of a Kirby home cleaning system, (3) the distributor provides your Personal Information to register you for our warranties, and (4) you register a complaint against one of our independent distributors, this Policy generally does not apply to Personal Information provided to or otherwise collected by the independent, authorized distributors of our products.  These distributors are not owned, operated, or controlled by the Company.  Independent, authorized distributors of Kirby products are third parties, and their privacy practices are subject to their own respective privacy policies. 

  1. What do I need to know if I am a non-U.S. user?

Kirby products and services are offered through independent, authorized distributors in the European Union.  The Company itself does not offer products and services directly in the European Union.  We do not believe we have any direct obligations under the EU’s General Data Protection Directive (“GDPR”).  However, we support the transparency and information objectives of the GDPR and therefore provide the following information to EU users of this Website:

    • Data Controller: The Kirby Company.  Please see the “Contact” section of our Website for further details.
    • Purpose and Legal Basis for Processing: To support our legitimate interests of providing you with general information regarding Kirby products and services and to respond to requests you specifically make to us regarding Kirby products and services.
    • Recipients: Please review section 5 of this Policy.
    • International Transfers: The Company and its IT systems are maintained in the United States.  Any Personal Information you submit to us is held in the United States.  We believe we adequately protect your information to the same level as it would be protected in the EU.
    • Personal Information Retention: When you enter your details in the Website, the data is generally retained until you request that it is deleted.
    • Data Subject Rights: To the extent permitted by law, you are entitled to obtain information on the processing of your Personal Information; to object to the processing of your Personal Information; make use of your right to data portability; and to have your Personal Information rectified or deleted or its processing restricted. You are also entitled to lodge a complaint with a supervisory authority, which is generally the supervisory authority where you work and/or are a resident.

If you have given us your consent to contact you, you may revoke this consent at any time.  Such revocation will not affect any Personal Information which is processed by us on another legal basis, for example, to fulfill our obligations to ensure you are provided with any Kirby warranty coverage to which you are entitled.

Download the GDPR Notice from the Company for those EU residents who completed warranty cards.

  1. What if changes are made to the Policy? 

We may update this Policy periodically and without prior notice to you in order to reflect changes in our information practices.  Continued use of any of our products, services, or other channels constitutes acceptance of any changes to the extent permitted by applicable law.

If we change this Policy, we will post those changes on this page and update the Policy modification date above.  

  1. What about additional disclosures under the California Consumer Privacy Act?

No Sale of Personal Information

The Company does not and will not sell Personal Information.  

California Privacy Rights

Right to Know

Residents of the State of California in their capacity as consumers (“California Consumers”) have the right to submit a verifiable request to know:

  • The categories and specific pieces of Personal Information that the Company has collected about them;
  • The categories of sources from which the Company collected the Personal Information;
  • The categories of Personal Information that the Company sold or disclosed to a third party (other than a service provider) for a business purpose and the categories of recipients of that information; and
  • The business or commercial purposes for the Company’s collection, disclosure, or sale of the Personal Information.

Right to Delete

  • California Consumers have the right to submit a verifiable request for deletion of their Personal Information that the Company has collected.

Right to Opt Out of Sale of Personal Information

  • California Consumers have a right to opt-out of the sale of their Personal Information. However, as stated above, the Company does not and will not sell Personal Information.

How California Consumers Can Exercise their Privacy Rights

The Company will respond to requests in accordance with applicable law if we can verify the identity of the individual submitting the request.  California Consumers can exercise their rights in the following ways:

Requests by Authorized Agents

A California Consumer may designate an authorized agent to exercise the California Consumer’s right to know or right to delete by submitting to us a completed “Authorized Agent Designation” form.  You can obtain the designation form by contacting us at [email protected].

If an authorized agent submits a request to know or a request to delete on behalf of a California Consumer, the authorized agent must submit with the request either (a) a power of attorney that is valid under California law, or (b) a document signed by the California Consumer that authorizes the authorized agent to submit the request on the California Consumer’s behalf.  In addition, we may ask for identity verification.

How We Will Verify the Request from a California Consumer or an Authorized Agent?

To prevent anyone other than a California Consumer, or his/her/their authorized agent, from exercising the right to know or the right to delete with respect to the California Consumer’s Personal information, we follow procedures to verify identity.  These procedures seek to confirm that the person making a request is the person about whom we have collected Personal Information or that person’s authorized agent. The verification procedures involve matching data points that a California Consumer/authorized agent provides with the request against information about the California Consumer we already have in our records and that we have determined to be reliable for purposes of verifying identity.  We will use information a California Consumer/authorized agent provides in a completed request form to verify identity, and we may request additional information if necessary to complete the verification process.

The Company’s Non-Discrimination Policy

California Consumers have the right not to be subject to discriminatory treatment by the Company for exercising their privacy rights under the California Consumer Privacy Act, and the Company will not discriminate on that basis.  However, the Company may charge a California Consumer a different price or rate or provide a different level or quality of goods or services if the difference is reasonably related to the value provided to the California Consumer by the Consumer’s Personal Information.  If the Company does so, it will provide California Consumers with any legally required notice.

A California Consumer’s Right to Information About Disclosures of Personal Information for Direct Marketing Purposes 

Regarding California law, California Consumers can request information from us whether we have disclosed Personal Information to any third parties for the third parties’ direct marketing purposes.  We will not sell Personal Information to, or share it with, third-party companies for their direct marketing purposes without the California Consumer’s consent.  California Consumers desiring to request further information about our compliance with these laws or who have questions or concerns about our privacy practices and Policy are welcome to contact us at 800-494-8586 or [email protected].

DATA RIGHTS REQUEST

Thank you for your interest in making a request under the California Consumer Privacy Act (“CCPA”).

Please complete and submit the form below. This form collects personal identifiers to verify the identity of the person making the request and allows us to respond to the Personal Information request. This information will be shared with our verification service provider. Required fields are indicated with an asterisk (*). 

Download Form
1920 W. 114th Street Cleveland, OH 44102
1-800-437-7170

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