Privacy Statement

Effective Date: 09/01/2023

This Privacy Policy describes the information Boyd Company (branded as BOYD CAT and referred to in this policy as “BOYD”, “us”, “we” or “our”) may collect when you visit the BOYD website https://Boydcat.com/ or BOYD’s Caterpillar e-sites – parts.cat.com, shop.cat.com, catrentalstore.com or my.cat.com (the “Site” or “Sites”) – and in connection with the purchase and sale or rental of products, equipment, parts and/or any related services (“Products”). This Privacy Policy discloses how we collect, store, use, disclose, or share that information. This Privacy Policy does not apply to information collected by third parties, including via websites that may be accessible from or linked to this Site. BOYD IS NOT RESPONSIBLE FOR THE CONTENT OR PRIVACY PRACTICES OF ANY THIRD-PARTY WEBSITE TO WHICH THIS SITE LINKS.

Please read this Privacy Policy carefully. If you do not agree, please do not access or use the Site. By accessing or using the Site, or by clicking “I agree,” you agree to this Privacy Policy. This Privacy Policy may change from time to time. We will post the modified version at this Site. Your continued use of the Site after the Privacy Policy is modified is deemed to be acceptance of those modifications.

1. INFORMATION WE COLLECT

As explained in more detail below, BOYD collects various types of information that identifies you or may identify you as an individual, as well as information that does not.

a) “Non-personal Information” is any information that does not identify you individually or does not permit a direct association with an individual. Non-personal Information may include information derived from Personal Information that has been de-personalized by removing unique identifiers and/or combining it with information about other users to form aggregated data.

b) “Personal Information” is information that is reasonably capable of being associated or could be linked, directly or indirectly, with a particular consumer or household. BOYD collects some information that is about you individually, but does not identify you, and collects information about your internet connection, your device used to access the Site, and your use of the Site. If BOYD combines that information with information that identifies you, BOYD will treat it as Personal Information.

Examples of information we may collect include:

2. HOW WE COLLECT INFORMATION

BOYD collects information from and about you directly when you provide such information to BOYD, automatically when you use the Site, and from third parties for advertising purposes.

a) Information You Provide. As described in this policy, BOYD collects information you provide when you make inquiries through the Site or fill out a support form, register for an account, purchase or rent Products in-person or online, submit a job application, sign up to receive communications, connect to us via email, and when you provide us your information at a trade show or other offline settings. The information collected may include anything submitted by you to the Site or to us through other means in connection with the Products. BOYD may retain copies of correspondence submitted by you. If you voluntarily provide your Personal Information to us, we collect it. You choose whether to disclose Personal Information, but you may not be able to use the Site, use certain features of the Site, or conduct certain tasks or transactions without doing so.

b) Information Collected Automatically. When you visit or otherwise browse or use the Site, BOYD collects details about your access and use of the Site automatically through cookies, pixels, web beacons, and other similar technology, including details about your device, internet connection, operating system, browser type, browsing actions, and the resources that you access and use on the Site, other traffic data, and location data. The information BOYD collects automatically may include Personal Information or BOYD may associate it with Personal Information it collects in other ways described in this policy. If BOYD associates such data with Personal Information, BOYD will treat it as Personal Information, but if such data is not associated with other Personal Information, BOYD will treat it as non-personal information.

c) Information from Third Parties. BOYD may collect certain information about you from third parties, including business partners (such as advertising and joint marketing partners) data providers (such as information services and data licensors) and public sources. For example, BOYD may receive information about you from other websites and use this information for BOYD’s own advertising purposes, such as email marketing communications. You may unsubscribe from email marketing at any time.

3. COOKIES AND RELATED TECHNOLOGIES

BOYD may use the following technologies to collect data as you visit the Site. To learn more about BOYD’s use of cookies and your choices, please see the BOYD CAT Cookie Policy. A cookie stores a small data file on your computer. This file enables us to recognize you each time you visit us. Cookies help us in many ways, for example, by saving your region and language preference and for purposes of collecting non-personal data.

a) “Cookies” are small pieces of data that a website, when visited by a user, asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Cookies set by BOYD are called first party cookies. Third party cookies are cookies from a domain different than the domain of the website you are visiting. Cookies can be either persistent or temporary. A persistent cookie retains user preferences for a particular website, allowing those preferences to be used in future sessions and remains valid until its set expiry date (unless deleted by the user before the expiry date). Temporary cookies expire at the end of a user session when the browser is closed.

Most internet browsers are initially set to accept cookies. Cookies are classified in the following categories: Necessary Cookies, Performance Cookies, Functional Cookies, and Targeting Cookies. You cannot opt-out of Necessary Cookies, but you can opt out of the other cookie categories by clicking on the “cookie settings” button in your browser, in this policy, or in the applicable website cookie notice. If you decline the use of cookies or set your browser to refuse cookies, then you may not be able to access or use portions of this Site.

b) “Web beacons” and “pixels” are small bits of code embedded in web pages or emails that assist in delivering cookies and measuring statistics. Web beacons and pixels help BOYD determine whether a page on this Site has been viewed and, if so, how many times. BOYD may also use web beacons and pixels in email messages to determine what the recipient has done with the message. Although you cannot decline to receive web beacons and pixels when visiting a web page, you can choose not to receive them by email if you disable HTML images or refuse HTML email messages.

c) Google Analytics and Google Advertising Analytics. The Site uses Google Analytics. Google Analytics assists BOYD with collecting and monitoring data about Site traffic and usage. Google Analytics collects visitation information and identifiers via browser cookies. We use Google Analytics for search term optimization, content analysis, website development, and improving the online shopping experience for Site visitors. You can learn how Google collects and processes data by visiting the following website: www.google.com/policies/privacy/partners/. If you would like to opt-out of the collection of data by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.

This Site also uses Google Advertising Analytics Features, which include tracking of advertisements on the Google search engine and on other sites which display custom Google-hosted advertisements, and provide aggregated demographic and interest reporting. Google Advertising features include Google Demographics and Interest Reporting, Google Display and Search Remarketing, and Google Display Impression Reporting. Google Analytics Remarketing uses cookies to track users who visit the Site and display ads when users are on other websites or using other devices.

If you would like to opt-out of the Google Advertising Features, you can adjust your Ad Settings and Ad Settings for mobile apps. For information on how to adjust your Ad Settings, visit the following website:https://support.google.com/accounts/answer/2662856?co=GENIE.Platform%3DAndroid&hl=en. For information about how to opt out of Google Marketing Platform’s use of cookies, visit https://optout.networkadvertising.org/?c=1. For more information about targeting and advertising cookies and how to opt out of those, visit optout.aboutads.info. For more information about Google Analytics’ currently available opt-outs, visit the following website: https://tools.google.com/dlpage/gaoptout/. For more information about how Google uses, stores, and discloses your personal information, visit Google’s Privacy Policy: https://policies.google.com/privacy.

d) Other Third-Party Analytics. BOYD also engages or may engage Facebook, Bing, YouTube, LinkedIn, Pinterest, Instagram, Twitter, and other third-party service providers and search engines to assist with search term optimization, collecting and monitoring data about traffic to the Site, and to display ads to users when users are on other websites. These third parties use cookies, web beacons, and other tracking technologies to collect or receive information from BOYD, the Site, or elsewhere on the internet, as discussed in this policy, and will use that information to provide measurement services and targeted advertisements. You have the ability to opt-out of the collection or use of your data for remarketing, retargeting, online behavioral advertising, and interest-based advertising. You may do so by visiting the following websites: www.networkadvertising.org/choices, www.aboutads.info/choices, or http://www.youronlinechoices.eu/.

4. HOW WE USE YOUR INFORMATION

BOYD uses information that you provide and/or that BOYD collects to present the Site to you, improve the Site, deliver more personalized services to you, to provide you with information or services that you request from BOYD, to market BOYD’s services to you, to fulfill purchase orders and ship Products to you, to fulfill any other purpose for which you provide such information, to provide you with other information you requested, to assess job applications, in any other way BOYD may describe when you provide the information, and for any other purpose with your consent. BOYD may aggregate the information you provide or that BOYD collects from you with information collected from other users to allow BOYD to evaluate its services. BOYD may use the information it collects to contact you about BOYD Products that may interest you; and, if required by law, we will obtain your approval to do so.

5. TO WHOM WE DISCLOSE

BOYD may disclose aggregated and de-identified information about its users and information that does not identify any individual without restriction. BOYD may disclose Personal Information that it collects or you provide as described in this Privacy Policy, to BOYD’s vendors, consultants, business partners, affiliates, contractors, distribution and fulfillment partners, and other third parties BOYD uses to support its business. By way of example, these companies include, for example, authorized retailers, payment processors, website analytics companies, and email service providers. We also disclose information necessary to ship your purchased Products to shipping carriers for delivery. BOYD may also disclose Personal Information that it collects or you provide as described in this Privacy Policy: to a purchaser or successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of BOYD’s assets; to fulfill the purpose for which you provided the Personal Information; for any other purpose when you consent to such disclosure at the time you provide the information. BOYD may also disclose your Personal Information to comply with any court order, law, or legal process, including to respond to any government or regulatory request, to enforce BOYD’s terms of use and other agreements, and if BOYD believes disclosure is necessary or appropriate to protect the rights, property, or safety of BOYD, its customers, employees, or others.

6. YOUR CHOICES

You have some choices about how Personal Information you provide to us or that we collect is used.

a) Tracking Technologies. You may set your browser to refuse some or all browser cookies, or to alert you when cookies are being sent. To learn how to manage or delete cookies on your browser, visit the browser developer’s website. To learn how to manage Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that parts of the Site may not be accessible or may not function properly.

b) Updating Information. To request access to correct or delete certain Personal Information that you have provided to BOYD, you may contact BOYD at the contact information included below or at SF-Marketing@BoydCAT.com. BOYD may not accommodate a request to change information if BOYD believes the change would violate any law or legal requirement or cause the information to be incorrect.

c) Do Not Track. The Site does not respond to web browser Do Not Track (DNT) signals.

d) Marketing and Promotional Emails. You can subscribe to receive marketing and promotional emails. When you subscribe to receive these communications, we will use your email address to confirm your subscription and send the communications to you. By subscribing to receive marketing and promotional emails you consent to our sharing of your email address our email service provider for purposes of receiving these communications. You may opt out of receiving electronic marketing communications by using the unsubscribe link in our email communications. Please allow a reasonable time to process your request. Please note that even if you opt out of receiving electronic marketing communications from us we may still contact you for non-marketing purposes such as fulfillment and shipping, customer service, notices, or to fulfill legal obligations.

7. FOR CALIFORNIA RESIDENTS:

This section of our Privacy Notice applies to consumers who reside in California. We adopt this section to comply with the California Consumer Privacy Act (“CCPA”) and California Privacy Rights Act (“CPRA”).

a) Retention. Typically, BOYD retains your personal information for the period necessary to fulfill the purposes outlined in this privacy policy, unless a longer retention period is required or permitted by law. Please note that in many situations we must retain all, or a portion, of your personal information to comply with our legal obligations; resolve disputes; enforce our agreements; protect against fraudulent, deceptive, or illegal activity; or for another one of our business purposes.

b) Sale. BOYD does not sell Personal Information.

c) Deidentified Information. BOYD does not disclose or sell deidentified information to third parties and will not attempt to re-identify deidentified personal information.

California Rights. If you reside in California the following rights apply to you:

a) Access and Data Portability. Subject to certain exceptions, you have the right to request certain information about BOYD’s collection, use, and/or disclosure of your personal information over the past 12 months.

b) Deletion or Correction. Subject to certain exceptions, you may request that Boyd delete or correct Personal Information about you that it has collected and retained.

c) Non-Discrimination. You have the right not to receive discriminatory treatment for the exercise of your privacy rights under the CPRA.

d) Opt-Out. California law requires that we provide transparency about personal information we “sell,” which means scenarios where we disclose personal information to third parties in exchange for valuable consideration. While we do not provide personal information about you to other companies for money, we do allow certain advertising and analytics partners to collect identifiers, commercial information and Internet or other electronic network information via our Services to show you ads that are targeted to your interests, and these disclosures may be considered “selling” as defined by California law. You may opt out of these disclosures by clicking SF-Marketing@BoydCAT.com. We do not sell personal data of individuals we know to be under 16 years of age.

e) Sensitive personal information. You have the right to limit the certain uses or disclosures of sensitive personal information; however, we do not use or disclose sensitive personal information for purposes that California residents have a right to limit under the CPRA.

f) “Shine the Light. California residents that have an established business relationship with us have rights to know how their information is disclosed to third parties for their direct marketing purposes under California’s “Shine the Light” law (Civ. Code § 1798.83).

How to Exercise Your California Rights. You or your authorized agent may make a request to access, correct, delete or opt-out of the disclosure of your Personal Information for business purposes. You may also make a verifiable consumer request on behalf of your minor child if you believe we have received their information inadvertently. You may request to exercise the aforementioned rights by:

Submitting a request to SF-Marketing@BoydCAT.com

Please note that we may take steps to verify your identity and residency before granting you access to information or acting on your request to exercise your rights, as required or permitted by law. If you use an authorized agent, we may require proof of written authorization you have given to make the request. We may limit our response to your exercise of the above rights as permitted by law. We will confirm receipt of the request within 10 business days describing our verification process. We will respond to your request within 45 days or let you know if we need additional time.

8. CHANGES TO PRIVACY POLICY:

Changes to the Privacy Policy will be posted on this page. If Boyd makes material changes to the way it treats users Personal Information, Boyd may choose notify you by email or through a notice in addition to posting. The date the Privacy Policy was last revised appears at the top of the Privacy Policy. You are responsible for ensuring Boyd has a current email address for you and for periodically visiting the Site and the Privacy Policy to check for any changes.

9. CHILDREN:

The Site is not for children. Boyd does not knowingly collect Personal Information from children under the age of 13 through the Site. If BOYD learns that it has collected or received such information, it will delete that information. If you believe we might have information from or about a child under the age of 13, please let us know by contacting us using the information set forth in the Contact Information section below.

10. NEVADA RESIDENTS:

Under Nevada law, Nevada residents may submit a request directing BOYD not to make certain disclosures of Personal Information we maintain about them. If you are a Nevada resident and wish to exercise this right, you may contact us by email at SF-Marketing@BoydCAT.com.

11. LINKS:

This Site contains link to third party websites that BOYD does not control. BOYD cannot be held responsible for third parties’ privacy practices or content provided on such websites. If you click on one of these links, please understand that you are leaving the BOYD Site and any information you provide will not be covered by this Privacy Policy. Please read that website’s privacy policy before providing any information.

12. CONTACT INFORMATION:

If you have any questions or comments about this Privacy Policy and BOYD’s privacy practices, please contact BOYD at SF-Marketing@BoydCAT.com.