Ziegler Privacy Statement

Last Updated: December 31, 2022

Ziegler Energy Solutions and its subsidiaries and affiliates (“Ziegler,” “we,” “us,” “our”) recognizes the importance of your personal information. This Privacy Policy explains the types of information we collect, how we may use, disclose, and protect your Personal Information, and the choices available to you regarding our use of your Personal Information.

This Privacy Policy applies to the Personal Information that we obtain through our websites and any website that links to this Privacy Policy (including mobile versions of our websites), the various social networking platforms that we use (each a “Site”), or otherwise in connection with your use of our products and/or services (collectively with the Site, the “Services”). This Privacy Policy, along with our Terms of Use governs your use of the Services. By using the Services, you agree to the collection, use, and disclosure of your Personal Information as described in this Privacy Policy. If you do not agree, please do not use the Services.

For the purposes of this Privacy Policy, “Personal Information” means data about an individual who can be identified from that data, or by combining it with other data. Personal Information does not include anonymous or aggregated data that can no longer be used to identify a specific person, even if combined with other data. The specific definition of Personal Information varies from one jurisdiction to another.

California residents: Those residing in California should also view “California Privacy Rights” here for more information about your privacy rights.

Collection of personal information

In our effort to provide you with the highest quality products and services, we may request Personal Information from you when you visit our Site, place an order, create an account, agree to receive communications from us, or engage with the services, features, or resources available on our Site. This Personal Information may include:

  • Identifiers (e.g., name, age, birthdate, and driver’s license or similar identifier);
  • Contact information (e.g., email, shipping or billing addresses, and phone numbers);
  • Information shared by you in communications with Ziegler; and
  • Products or services you have purchased, obtained, or considered purchasing.

Your Personal Information provides us with the ability to enhance and tailor our provision of products and services to your specific interests and requirements.

Our purchase transactions are processed and secured via our third-party vendors. Ziegler does not store complete or operative debit or credit card information.

If you interact with us by telephone or video, we may record those communications as permitted by law and upon notice to you.

Except for your source IP address which may disclose the location of your device at the time you access the Site, we do not collect location information that you have not voluntarily provided.

We may obtain information about you from other sources, such as event registrations, business partners, data analytics providers, marketing or advertising providers, fraud prevention service providers, vendors that provide services on our behalf, or publicly available sources. We also create information based on our analysis of the information we have collected from you.

We maintain administrative, physical, and technical safeguards for all Personal Information collected through our Site.

Use of personal information

In addition to the purposes mentioned above, Ziegler collects your Personal Information to recognize you; personalize your experience; learn about your use of the Site; improve our Site; process transactions; enforce this Privacy Policy or our Terms of Use; provide and improve customer service; prevent fraud and theft; and otherwise protect our customers and visitors to our Site.

We may use your Personal Information to send you information about topics we think will be of interest to you, including product information, company news, and updates. You may always unsubscribe from receiving future emails through a link at the bottom of each email.

Sharing of personal information

Our employees may access your Personal Information to perform their jobs and service your needs. We authorize their access on a need-to-know basis to provide you with our products or Services, or for one of the other reasons listed in this Privacy Policy.

We may share your Personal Information with our Affiliates and business partners, including Nikola Corporation. “Affiliates” are those persons or entities directly or indirectly controlling, controlled by, or under common control with Ziegler.

We may share Personal Information on an as-needed basis with third party service providers and suppliers who help us operate our business, for example by hosting or operating our Site, product development, storing data, managing databases, performing analysis, sending communications, processing payments and orders, shipping your orders, and responding to customer service requests.

We will not sell or rent your information to any third-party not affiliated with Ziegler Energy Solutions. Information will be disclosed when required or permitted by law including in response to legal process such as a court order. We may also share information with any third party to which Ziegler transfer or sells its assets in connection with a reorganization or sale of the assets of Ziegler, or its subsidiaries or divisions.

We may also share information with dealers, manufacturers, and service provides obtained through your use of certain tools, applications, and/or devices. Please see the “Data Governance” section below for more information.

In addition, we may share aggregate non-individual information incapable of identifying a particular person with third parties for lawful purposes.

Cookies

When you visit our Site, we collect some additional information from you automatically through the use of cookies and other tracking technologies such as log files and pixel tags. A cookie stores a small data file on your computer allowing us to recognize you each time you visit us. We may use cookies and other tracking technologies for purposes of collecting information on the type of internet browser and operating systems used, your IP address, number of times you visit our Site as well as statistics on website use, and the preferences you have set up for your account. Cookies enable us to learn about what content you see, what ads you click, our website traffic, and other actions you take on our Site and other sites. This allows us to provide you with more useful and relevant content. We do not associate your interaction with unaffiliated sites with your identity. We do not provide any Personal Information to advertisers or third party websites that display our internet-based ads. You can choose to accept or decline cookies in your browser settings or manage them here. However, declining certain cookies may impact the functionality of the Site.

Tracking and third party advertising

We may also use third party vendors for third party “targeting” advertisements to advertise to our users online, including individuals who access information regarding open positions at Ziegler. These third party vendors may display Ziegler CAT, Caterpillar®, or Nikola product advertisements on other websites based on your internet usage, as well as general information about our company once you leave any landing page on our Site. More specifically, these vendors use first party cookies and third party cookies together to inform, optimize, and serve ads or company-specific information based on your past visits to the Site or another site affiliated with Ziegler products or services. Any information that these third parties collect via cookies is not linked to any personally identifiable information (i.e., name, address, email address, or phone number) we collect or you provide on the website.

Specifically, we use Google, Facebook, and Amazon to provide us with certain advertising and analytics services. In general, these service providers use tracking technologies such as pixels, cookies and APIs to track your browsing behavior and help us customize our advertising audiences. For more information about targeted advertising, visit the Network Advertising Initiative (“NAI”) at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

 

You can opt out of Google targeted advertising at https://www.google.com/settings/ads/anonymous.  You can opt-out of Google Analytics at https://tools.google.com/dlpage/gaoptout.

You can opt out of Facebook targeted advertising at https://www.facebook.com/settings/?tab=ads.

You can opt out of Amazon targeted advertising by visiting the relevant Amazon Ads Preferences page, the Digital Advertising Alliance’s opt-out pageYourOnlineChoices page for your location, or the Digital Advertising Alliance of Canada’s opt-out page, as applicable..

Apart from these tracking technologies, we may send your Personal Information to a service provider for conversion analytics and matching purposes, but only after we have applied a hashing algorithm that protects your personal information. For an example of this process, please see How Google Uses Enhanced Conversion Data.

In addition, we may use geofencing to send you advertisements.

Retaining and protecting personal information

We will not keep your Personal Information for any longer than is necessary for the purposes we collected it. To protect your Personal Information, we maintain a variety of security measures, including physical, electronic, and administrative safeguards. No system can be completely secure, so we do not promise, and you should not expect, that your Personal Information, searches, or other communications will always remain secure. To the extent that you utilize a password-protected service or feature with us, you are responsible for maintaining the confidentiality of the password and for any activities that occur through its use.

Data movement

Ziegler may maintain your Personal Information outside of your state, province, or country where data protection laws may differ from your resident jurisdiction. We process data, including Personal Information, in the United States and Canada. We do not transfer your Personal Information outside the United States or Canada without the existence of adequate security and privacy controls.

Collecting information from children under the age of 13

Our Site and products are not designed for children, and we do not knowingly collect information from any person under the age of 13. If you are a parent or guardian that becomes aware that your child has provided us with Personal Information without your consent, contact us at editor@zieglercat.com so that we may remove it. If we become aware that a child under the age of 13 has provided us with Personal Information, we will delete it from our files.

Third-party websites

Our Site may also contain links to third party websites not controlled by Ziegler. We do not control the content or links that appear on third party websites and Ziegler is not responsible or liable for the practices employed by such third party websites. You should review the terms of use and privacy policies of any third party websites.

Do not track signals

At this time, the website does not respond to browsers’ Do Not Track signals.

Consent for electronic and telephonic communications

By submitting a request or inquiry through the Site, you are providing your express written consent to be contacted by us for any reason, including marketing purposes, at the email address or telephone number you provide. The methods of communication may include, but are not limited to, pre-recorded or artificial voice message calls, text messages, and calls made by an automated dialing system. Consent to these terms is not required to purchase any of our products or services. You agree that your submitted request or inquiry (as described above) acts as your electronic signature for this consent. You acknowledge that message and data rates (for example, from your network provider) may apply for text, SMS, calls, and other electronic messages. You understand that you may withdraw consent or opt-out of receiving communications from us at any time by any reasonable means, including providing written notice to editor@zieglercat.com with “Privacy” in the subject line, or by mail to Ziegler Energy Solutions, Attn: Privacy, 18151 Territorial RD, Dayton, MN 55369.

CHANGES

Ziegler reserves the right to modify this Privacy Policy at any time without prior notice. If we make changes to this Privacy Policy, the updated Privacy Policy will be posted on the Site with the “Last Updated” data at the top. Please consult the Privacy Policy periodically for updates. Your continued use of the Site constitutes your agreement to our then-current Privacy Policy.

Data governance

Ziegler and its partners, affiliates, subsidiaries, and third parties including manufacturers collect and share information relating to products, services and customers. Information may come from a variety of sources including other dealers, manufacturers, and service providers, in addition to information you have provided to us or that has been transmitted through telematics or other tools, applications, or devices (collectively “Telematics”) from products equipped with Telematics.

Telematics collect and transmit information relating to product performance, use, and operation which may include, but is not limited to, model number, serial number, location, and operational data (i.e. fault codes, emissions data, fuel usage, service meter hours, software and hardware version numbers, attachments, etc.). The Telematics information is transmitted to the manufacturer, its dealers, affiliates, subsidiaries, and/or third parties with a legitimate business reason to access the information. We may also share Telematics information with subsequent owners of the equipment.

The Telematics may be combined with other data including customer-identifying information (i.e., your name, address, phone number, and email address).

Telematics and customer information may be accessed or shared with Ziegler and its partners, affiliates, subsidiaries, dealers and third parties on their behalf and we may access or share such information with manufacturers and their partners, affiliates, subsidiaries, dealers, and third parties on their behalf. We will not sell or rent collected information to any other third party. Information will be disclosed when required or permitted by law including in response to legal process such as a court order.

Manufacturers may also have their own data governance, privacy policy, and/or end user license agreement which are incorporated as part of our transactions with you, as appropriate. We have included links for some individual manufacturers, including the Nikola Corporation Privacy Policy at www.nikolamotor.com/legal/#privacy, however, please contact the individual manufacturer for their most recent data governance and/or privacy policy.

You acknowledge by use of the products and our Services and providing information to us that you have reviewed this Privacy Policy including this Data Governance section and that you consent to the collection, use, storage, processing, sharing and disclosure of such information by Ziegler, and its partners, affiliates, subsidiaries, dealers, and third parties on their behalf, and by manufacturers and their partners, affiliates, subsidiaries, dealers, and third parties on their behalf.

Contact

For additional information, questions or comments related to your privacy rights, or if you would like to make a complaint, please contact us at: editor@zieglercat.com with “Privacy” in the subject line, or by mail at the following address:

Ziegler, Inc.

Attn: Privacy

18151 Territorial RD

Dayton, MN 55369

California privacy rights

Under the California Consumer Privacy Act, residents of California are provided with certain rights regarding their personal information:

  1. the right to know, by way of our Privacy Policy and any specific inquiries you direct to us, the categories of personal information we collect from you, the source(s) of that personal information, what we use that information for, whether it is being disclosed or sold, and if so, to whom;
  2. the right to “opt-out” of Ziegler’s sale of your Personal Information to any third parties;
  3. the right to request Ziegler to stop sharing your Personal Information with third parties;
  4. the right, with some exceptions, to have your Personal Information deleted from Ziegler’s possession or control;
  5. the right to correct inaccuracies in your Personal Information; and
  6. the right to receive equal service and pricing from Ziegler even if you exercise any of your privacy rights.

For all California residents, any such inquiries shall be responded to within forty-five (45) days and at no cost to you. We must verify your identity with respect to such inquiries. Depending on the nature of the Personal Information at issue, we may require additional measures or information from you as part of that verification. You (or a person registered with the California Secretary of State you have authorized to act on your behalf) may make up to two such inquiries within a twelve-month period.

Ziegler does not provide your Personal Information to third parties who would directly market to you via mail, telephone or email, nor does it knowingly “sell” your Personal Information to third parties as contemplated under the California Consumer Privacy Act.  We utilize service providers to provide us with certain advertising and analytics services.  For more information about these services and to opt out of their tracking mechanisms, please see “Tracking and Third Party Advertising” here.

To contact us to exercise any of the California rights listed above, please email us at editor@zieglercat.com with “Privacy” in the subject line.