Latest update: October, 2022
The term “Personal Information” refers to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household. Personal Information does not include information that is publicly available, de-identified, or aggregated.
“Personal Information” also includes social security number, driver license number, state identification card, passport number, financial data, genetic data, biometric data, precise geolocation, and racial and ethnic origin, content of consumer communications (email, mail, or text), unless the business is the intended recipient, genetic data, and information collected concerning a consumer’s health, sex life, or sexual orientation.
Safe Rack, LLC, Safe Rack Limited, Safe Rack Construction Services, LLC, Upside Innovations LLC may process your Personal Information as data controllers. You may contact any of these entities by using the contact information set out in Section 10.
1. Collecting Personal Information
We collect Personal Information from you in a variety of circumstances, including when you visit our Sites. We have set out below the Personal Information we collect and the circumstances in which we collect such Personal Information. Please note that the type of Personal Information collected may vary depending on the nature of your interactions with us.
|Category of Personal Information and Specific Pieces Collected||Categories of Sources from which Personal Information Collected|
Personal Information that includes real name, alias, postal address, unique personal identifier, online identifier, IP address, cookies that identify, email address, account name, search terms, what kinds of products you view, type of browser, time zone.
Your job application information: Resume/CV, cover letter, EEOC compliance information such as gender and ethnicity, disability and veteran status, and interview notes, or other similar identifiers.
Your account log in, financial account, payment information, billing address, debit card, or credit card number in combination with any required security or access code, password or credentials allowing access to an account used to submit orders and make purchases on the Sites,
Your transactions and payment information: details of the product and services transaction, payment methods, shipping methods, terms and other fulfilment and customer relation information;
|Internet or other electronic network activity information|
This includes browsing history, search history, and information regarding a consumer’s interaction with an internet website, application or advertisement
|Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||
2. Purpose for Collection
We use the Personal Information we collect from you for a variety of business reasons as indicated below.
|Purposes for Collection / Use||Legal basis for Collection/Use|
||The performance of contract, including to fulfill your orders, deliver products or services to you and the management of your transactions and payments.|
Our legitimate interest, more specifically our interest in having clear communications with you and in understanding your needs and expectations.
Our legitimate interest, more specifically our interest to inform you of offers, products, industry information, services and general information about us and our products and services.
To handle your job application submitted online on one of our Sites.
|Our legitimate interest, more specifically our interest in responding to your job applications and finding suitable profiles for the positions available within SixAxis.|
To improvteste our Sites in order to better serve you
To improve the Sites, set default options, and provide you with a better shopping experience
|Our legitimate interest and more specifically our financial interest in continually improving our websites and our services and in understanding your needs in order to be able to meet your expectations.|
3. Sharing of Personal Information
SixAxis may share your Personal Information with others including:
- SixAxis, its affiliates and group entities and brands
- Service providers who provide order fulfillment services
- Payment processors
- Service providers who provide website hosting and data processing services for our Sites
- Service providers who provide marketing services to us
- Social media platforms used for advertising
- Service providers who assist us with calculation and management of state sales taxes (e.g. Avalara)
- Service providers who provide employee relates services and benefits
- Advisers, including professional advisers
- Potential buyers of business, assets or shares from us or our owners
We may share or transfer your Personal Information to a third party if SixAxis enters into, or is involved in, a business transaction such as a merger, acquisition, reorganization, or sale of some or all of its assets.
When sharing Personal Information with third parties, we will ensure that we comply with applicable legal requirements, including where Personal Information is being transferred from United Kingdom or Europe, to the extent applicable, we ensure appropriate safeguards are put in place.
4. Retention Period
SixAxis will keep your Personal Information for a minimum of 12 months and as long as necessary to achieve the purposes for which they are collected and processed. SixAxis may, however, keep your Personal Information for a longer period for accounting and customer relations, or whenever there is a legal obligation for us or to take into account the applicable statute of limitation period to assert, exercise or defend legal claims.
Our retention period varies depending on the nature of the Personal Information collected by SixAxis. The following retention periods apply:
- When you agree to receive marketing communications, SixAxis will keep your Personal Information until you indicate that you no longer wish to receive such communications, or otherwise for the period defined by applicable legislation;
- When your Personal Information is collected in the context of requests/queries relating to IT services and applications, SixAxis will keep your data for the period necessary to process such requests or queries;
- Job application files can be kept up to 3 years from the date of last contact with the applicant, unless the applicant agrees to a longer period; in such case, the Personal Information can be archived in accordance with the applicable statute of limitation periods.
Our Sites are not intended for individuals under the age of 16. We do not intentionally collect Personal Information from children. If you are a parent or guardian who believes your child has provided us with Personal Information, please contact us using the contact information provided at the end of this policy.
SixAxis will ensure the security of your Personal Information through a data protection system that uses physical and logical security measures.
8. Email Communications
The CAN-SPAM Act gives recipients of commercial email the right to have emails stopped from being sent to them. You may unsubscribe from our marketing communications by clicking the “unsubscribe” link found in every commercial email we send, or (if you have an account with us) by sending us a request to unsubscribe. If you opt-out of receiving our marketing email communications, we may still send you email messages related to your account or specific transactions with us. Unsubscribing yourself from our marketing emails will not affect our service to you.
Emails that we and our marketing service providers send may include tracking tools that provide us with information related to whether you’ve opened an email or clicked on a link contained in an email.
9. Your California Rights
The following rights are available to California residents pursuant to the California Consumer Privacy Rights Act of 2018 (“CCPA”).
Right to Opt-Out of the Sale and Sharing of Your Personal Information.
California residents may opt-out of the sale of their Personal Information or the sharing of their Personal Information for cross-context behavioral advertising. SixAxis does not sell your Personal Information.
Right to Limit the Use of Your Sensitive Personal Information.
Effective January 1, 2023 pursuant to the California Privacy Rights Act (“CPRA”), if you are a California consumer, you may direct us to limit the use of your sensitive Personal Information to uses that are reasonably necessary to provide our goods and services, or as needed: to ensure security and integrity; for short-term, transient use, including for non-personalized advertising; to maintain or service accounts, provide customer service, process or fulfill orders and transactions, verify customer information, process payments, provide financing, provide analytic services, provide storage, or other similar services; and to verify or maintain the quality or safety of a service or device owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance such services or devices.
We do not use your sensitive Personal Information beyond the purposes necessary to perform functions of our business. As such, this right is not applicable.
Right to Request More Information.
Please note that due to the different requirements of the applicable laws, our response times may vary depending on the specific type(s) of information sought. We respond to all verifiable requests for information as soon as we reasonably can and no later than legally required.
Right to Request Deletion of Your Personal Information.
You have the right to request that we delete your Personal Information. Following receipt of a verifiable request, we will let you know what, if any, Personal Information we can delete from our records. Effective January 1, 2023 pursuant to the CPRA, we will also notify our service providers and contractors, and any third parties to whom we have transferred your information about your request to delete. If we cannot delete all of your Personal Information, we will let you know why.
Right to Correct Inaccurate Information.
Effective January 1, 2023 pursuant to the CPRA, if you believe that any of the Personal Information we maintain about you is inaccurate, you may submit a request for us to correct that information. Upon receipt of a verifiable request to correct inaccurate Personal Information, we will use commercially reasonable efforts to correct the information as you direct.
Right to Non-Discrimination for the Exercise of Your Privacy Rights
If you choose to exercise any of your California rights, you have the right to not receive discriminatory treatment by us.
Submitting Requests Relating to Your California Rights
California residents may submit requests relating to your Personal Information as described below by email to Privacy@SixAxisLLC.com, or by calling us at 1-866-761-7225. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your Personal Information or complying with any of the requests described below. To verify your identity, we may require you to provide certain information we are likely to already have on-file about you based on the type of relationship you have with us. If you already have an account, we may require you to use that account as part of the verification process. If you exercise your right to request specific pieces of your Personal Information, we will require you to sign a declaration under penalty of perjury that you are the consumer whose Personal Information is the subject of the request. If you would like to designate an authorized agent to submit these requests on your behalf, please contact us by email to Privacy@SixAxisLLC.com, or by calling us at 1-866-761-7225.
10. Your Rights in the United Kingdom and Europe
Under applicable data protection legislation, you may have certain rights regarding the collection and processing of your Personal Information, including the following rights:
Right to Be Informed
You have the right to be informed in a concise, transparent, intelligible and easily accessible form about the way in which your Personal Information is processed by us.
Right of Access
You have the right to obtain (i) confirmation as to whether Personal Information concerning you are processed or not and, if processed, to obtain (ii) access to such data and a copy thereof.
Right to Rectification
You have the right to obtain the rectification of any inaccurate Personal Information concerning you. You also have the right to have incomplete Personal Information completed, including by means of providing a corrective statement.
Right to Erasure
In some cases, you have the right to obtain the erasure of Personal Information concerning you. However, this is not an absolute right and SixAxis may have legal or legitimate grounds for keeping such data.
Right to Restriction of Processing
In some cases, you have the right to obtain restriction of the processing of yourPersonal Information.
Right to Data Portability
You have the right to receive the Personal Informationconcerning you which you have provided to SixAxis, in a structured, commonly used and machine-readable format, if this is technically feasible, and you have the right to transmit those data to another controller without hindrance from SixAxis. This right only applies: (i) where you have provided the Personal Information to us; (ii) when the processing of your Personal Information is based on your consent or on the performance of a contract; and such processing is carried out by automated means.
Right to Object to Processing
have the right to object, on grounds relating to your particular situation, at any time to processing of Personal Information concerning you when such processing is based on the legitimate interest of SixAxis. SixAxis may, however, invoke compelling legitimate grounds for continued processing. When your Personal Information is processed for direct marketing purposes, you have the right to object at any time to the processing of such information. You may, in particular, exercise that right by clicking on the “unsubscribe” link provided at the bottom of any messages received.
Right to Lodge a Complaint with the Competent Supervisory Authority
You have the right to contact a supervisory authority (in the United Kingdom, the Information Commissioner’s Office) to complain about SixAxis’s personal data protection practices.
11. Links to Third-Party Websites
Accordingly, it is up to you to directly contact and/or visit such third-party applications and websites to obtain further information on their data protection guidelines.
12. Contact Us
Address: SixAxis 219 Safety Avenue, Andrews, South Carolina, 29510 USA
13. Changes to Policy