SMITH ENTERPRISES

Last Updated: January 1, 2020

This Privacy Policy sets forth the policy and procedures of LS Tractor USA, LLC (variously, “LS Tractor USA”, “we”, “our” or “us) in regard to the collection, usage and disclosure of personal and other information that you may provide to us through using this website (https://smithenterprisels.com/) or our dealer portal (http://dealerportal.lstractorusa.com/) (collectively, the “Website”), by sending electronic mail to us or replying to electronic mail we send you, by participating in any contest or promotion we may sponsor or by using any product or service we may provide.

If you do not accept this Privacy Policy, or do not meet or comply with the provisions set forth in this Privacy Policy, then you may not use our Website.

1. Information we collect

When you use our Website, you may provide us with two main types of information: (1) Non-Personal Information and (2) Personal Information, as such terms are defined below. We may collect information from you when you (a) use or access our Website, (b) open and/or respond to our emails, (c) contact LS Tractor USA, (c) visit any page online that displays our content, (d) purchase products through our Website, and/or (e) provide information to any of our vendors, contractors and/or agents who are performing services for LS Tractor USA (collectively, “Service Providers”).

2. Personal Information

“Personal Information” is personally identifiable information that you knowingly choose to disclose, which is collected on an individual basis. We may ask for certain Personal Information from you for the purpose of providing to you content or services that you request. We may collect Personal Information such as your: (i) contact information (including name, address, email address and other information you may provide us); (ii) contact information of your company and/or other identity information you share with us (including industry or profession); and, (iii) preferences and feedback, if shared with us. To the extent you provide us with this information, you are authorizing us to collect, store and use your email address, and other such information you provide during your interactions with us, in accordance with this Privacy Policy. In the future, we may collect financial information (such as credit card number, expiration date, verification number and billing address) and location information (such as geographic location of the device you are using), and, if we do, such information will be handled in accordance with this Privacy Policy. If you provide us with your email address, you have opted in to receive electronic communications from LS Tractor USA. If you use external application accounts (such as Google) to sign into the Website, we may collect and store your user identification information (“ID”). The privacy practices of external applications and websites are set forth in their privacy policies, and LS Tractor USA has no control over the use of your ID by such parties.

3. Non-Personal Information

“Non-Personal Information” is general user information that does not contain personally identifiable information, which is collected on an aggregate basis as you use our Website. We may collect Non-Personal Information in the following manner:

4. Personal Information you provide

You may submit Personal Information to the Website, including certain information via online forms, including information you may provide to enter any contest or sweepstakes we may sponsor. We will not sell any Personal Information you may provide us, but reserve the right to use that information to contact you for purposes reasonably related to our business.

5. Information you send to other Users

This Privacy Policy only addresses the use and disclosure of information we collect from you. If you disclose your information to other parties using the Website, or visit other websites linked through the Website, different rules may apply to their use or disclosure of the information you disclose to them. Since LS Tractor USA does not control the privacy policies of third parties, or other individuals’ actions, you are subject to the privacy policies of that third party or those individuals. We encourage you to be sure the recipients are authenticated to your satisfaction before you send them any documents or sensitive information.

6. How we use and share information

The information collected in the aggregate enables LS Tractor USA to better understand your use of the Website and to enhance your enjoyment. We may use financial information to process payment for any purchases made on the Website, enroll you in one of our accounts or other related services in which you elect to participate. If you use the Website, you agree to receive certain communications from us including but not limited to the following:

7. Parties with whom we may share your information

We may share Personal Information and other information you provide us with our Service Providers. Our Service Providers will be given access to your information as is reasonably necessary to provide the Website and related products or services. We strive to use commercially acceptable means to protect your Personal Information. If Service Providers acquire confidential or proprietary information belonging to LS Tractor USA or its dealers or customers, such information is required to be handled in confidence and may not be disclosed to unauthorized third parties. Service Providers who violate our security and safe maintenance of data policies are subject to appropriate discipline including, but not limited to, termination.

8. Disclosures

We also may be required to disclose an individual’s Personal Information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. For example, we will disclose your Personal Information in the following circumstances: (i) to investigate and defend LS Tractor USA against any third party claims or allegations or otherwise to protect LS Tractor USA and its agents and employees from liability, (ii) to investigate, prevent or take action regarding suspected or actual illegal activities, (iii) to assist government enforcement agencies, respond to a legal process or comply with the law, (iv) to exercise or protect the rights, property or personal safety of the users of the Website or (v) to protect the security and/or integrity of the products and services we provide. In response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can (and you authorize us to) disclose your name, city, state, telephone number, email address, user ID history, fraud complaints, and usage history, without a subpoena, in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.

9. Business Combinations

In the event we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred or examined during the due diligence process. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our assets may continue to process your Personal Information as set forth in this Privacy Policy.

10. Your California Privacy Rights

Under California Civil Code Sections 1798.83 – 1798.84, California residents are entitled to receive: (a) information identifying any third party companies to whom LS Tractor USA may have disclosed Personal Information to for direct marketing, within the past year; and (b) a description of the categories of Personal Information disclosed. To obtain such information, please email your request to smithautosean@gmail.com and we will provide a list of categories of Personal Information disclosed within thirty (30) days after receiving such a request. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted in ways other than those specified above.

11. Service Eligibilty and Changes

12. Other websites and services

We are not responsible for the practices employed by any websites linked to or from our Website, including the information or content contained in those websites. Please remember that when you use a link to go from our Website to another website, our Privacy Policy does not apply to such third-party websites and/or services. Your browsing and interaction on any third-party website, including those that may have a link on our Website, are subject to such third party’s own rules and policies. In addition, you agree that we are not responsible and do not have control over any third parties that you authorize to access your Personal Information. If you are using a third party website and you allow them to access your Personal Information, you do so at your own risk.

13. How we protect information

We may implement security measures, from time to time, designed to protect your information from unauthorized access. If you have an account on our Website, your account is protected by your account password and we urge you to take steps to keep your Personal Information safe by not disclosing your password and by logging out of your account after each use. We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. We periodically review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems. We further protect your information from potential security breaches by implementing certain technological security measures, including encryption, firewalls and secure socket layer technology. Because the internet is not a completely secure environment, LS Tractor USA cannot warrant the security of any information you transmit to LS Tractor USA or guarantee that information on the Website may not be accessed, disclosed, altered or destroyed by breach of any of our physical, technical and/or managerial safeguards. In addition, while we take reasonable measure to ensure that Service Providers keep your information confidential and secure, such Service Provider’s practices are ultimately beyond our control. We are not responsible for the functionality, privacy /or security measures of any other organization. By using our Website, you acknowledge that you understand and agree to assume these risks.

14. How to contact us

If you have questions and/or comments about this Privacy Policy, please email us at smithautosean@gmail.com.