Privacy Policy

Privacy Policy

Last Modified: April 17, 2023

Facilities throughout Colorado, New Mexico and far west Texas:
Albuquerque, Aurora, Burlington, Carlsbad, Colorado Springs, Durango, El Paso, Bloomfield, Grand Junction, Hayden, Hobbs, Paonia, Pueblo, and Windsor.

Wagner Equipment Co. (“Wagner,” “we,” or “us”) is committed to providing customers, dealers, and suppliers with the best value products and services in the field and online. We have asked for your personally identifiable information, so we want you to know how it will be used. By registering with or contacting us through Wagner’s family of corporate web sites (collectively, the “Site”), you agree that any information or comments you provide may be shared between Caterpillar, Wagner, and affiliate companies, and used without restriction to process customer orders and improve or market our products and services. Additionally, we may collect information in a variety of ways. For example, we collect information that you provide to us through various contacts, information we collect through your use of our products or services, and information we collect from publicly available sources or third parties.

This Privacy Policy describes the types of information we may collect, how we use the information we collect, with whom we share it, how we protect it, and the choices we offer you regarding our collection and use of such information. Please read this Privacy Policy carefully. If you do not agree with the provisions of this Privacy Policy, please do not use the Site. This Privacy Policy applies to the information we collect from users, such as you.

Information We Collect

We collect information you provide directly to us, including personally identifiable information you submit to register and create an account, complete a transaction, or to receive information you have requested, such as by contacting us or registering to receive product announcements, updates and notifications in connection with your access and use of the Site and through your use of our products or services, and information we collect from publicly available sources or third parties. This information may include your name, email address, mailing address and telephone number. We may also collect financial information, including credit card numbers, associated card data and tax identification numbers, in the event you register an account and purchase products from us. Your payment information is collected and processed by a third party vendor and is not stored or accessible by us.

When you use the Site, we may also collect certain information by automated means, such as cookies. A “cookie” is a text file that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings in your browser. Cookies help us to understand how you use and navigate this Site and, in turn, how we can make this Site more user friendly. With most Internet browsers, you can erase or reject cookies, or set your browser to prompt a warning whenever a cookie is sent. We may also use third-party website analytics tools that collect information about user traffic on the Site. The information we collect using automated means may include, but is not limited to, the following:

information about the devices you use to access the Site (such as the IP address and the type of the device, operating system, and web browser);
dates, times, and duration of use of the Site (including whether you are a repeat or first time visitor); and
information about actions taken on the Site (such as page views and site navigation patterns).

We may also collect information from publicly and commercially available sources, as permitted by law, which we may combine with other information we receive from you. For example:

(i) Via Caterpillar Inc. or its business affiliates or contractors. We may receive information from Caterpillar or its business affiliates or contractors that have collected information from you via: (a) cellular or satellite link, or radio or Ethernet connection from Assets, which may include System Data (such as information relating to the Device or Asset) or Personal Information (such as from information generated by fatigue-monitoring Devices, on-board camera and proximity detection systems, and in-cab monitoring technology); or (b) Digital Offerings.
(ii) From Component Manufacturers and OEMs: We may obtain System Data from manufacturers of the components in your Assets. This information may be provided to us automatically.
(iii) From Asset Owners and Others: We may receive additional information from Asset owners, operators and other persons who have management responsibility for an Asset.
(iv) From Other Sources: We may receive your information from other sources, such as credit reference agencies, public databases, joint-marketing partners, internet, social media platforms (including from people with whom you are friends or are otherwise connected) and from other third parties. We may collect or generate information from troubleshooting data, from your service providers (such as fluid analysts and site inspectors), or from maintenance, inspection or warranty records.

Additionally, we may collect the following through your use of our products or services, along with publicly available sources or third parties:

(a) System Data

System Data is information that is transmitted to us through Web applications (“Applications”) including, but not limited to, VisionLink, ProductLink and similar Applications and through telematics and similar devices (“Devices”). We use the term “Digital Offerings” to refer collectively to all Applications and Devices that we use, which may include, but is not limited to:

(i) Device, Asset and Component Information, including model number, serial number, order number, software and hardware version numbers, performance, and configuration, including work tools or other peripheral Devices attached to Assets.
(ii) Electronic Data, including sensor logs, trends, histograms, event data, other alerts, digital state data, fault codes, idle time, daily and cumulative fuel consumption, emissions data, service meter hours, electronic data files downloaded manually or automatically from an Asset, troubleshooting data, and other data, depending on the Client and Asset and communication channel used by a Device.
(iii) Inspection Data, including results of inspections using a Wagner or third-party inspection system.
(iv) Device Location Information, including the physical location of an Asset (e.g., determined using satellite, GPS, cell phone tower, Bluetooth or Wi-Fi signals).
(v) Fluid Data, including analysis results of fluid samples (such as oil, hydraulic and coolant fluids) obtained using Wagner or third-party tools.
(vi) Event Recorder Data, including location, speed, direction, and associated video recordings, use of controls and positive train control information.
(vii) Service and Maintenance History, including work orders (records of all maintenance, repairs, parts purchases, replacements and modifications to an Asset), component life (history of usage and wear life of a component), maintenance schedules, planned maintenance, warranty coverage data, maintenance and repair contracts, service intervals (scheduled interval for planned maintenance of component replacement activities for an Asset), component lists (lists of parts that make up an Asset) and service letters (describing special service actions recommended by manufacturers to correct a known problem with an Asset).
(viii) Site and Environmental Conditions, including the type of work being done, condition of roads or tracks, altitude, climate, and material tracking.
(ix) Patterns of Use, including any user-defined information relating to a product you provide to us through a Digital Offering.

(b) Operations Data

Operations Data may include:

(i) Information contained in tenders, invoices, purchase orders, sales contracts, service contracts, e-forms and other transactional documentation generated as part of the business relationship between us.
(ii) The Client’s name, address, industry, client category, and the name, position, email address, and telephone number of the Client’s designated contact person.
(iii) Work order data, including information about the Client, Asset involved, problems identified, and repairs performed, emissions data, fuel usage, service meter hours, software and hardware version numbers, and installed attachments.
(iv) Information relating to Client parts and machine purchases, returns and replacements.

"Payment Information" may include your banking account details, debit card details, credit card details, credit card type (i.e. Visa, Mastercard, American Express), your billing address associated with the credit card, shipping address, and other information that is required to process the payments.

(d) Personal Information

“Personal Information” is information that relates to an identified or identifiable individual, which may include, but is not limited to: name; postal address (including billing and shipping addresses); telephone number; email address; identification information such as usernames and user IDs; the employer or company with which an individual is associated and his or her role and title; User Profile information; geo-location information; information about any computer or mobile Device with which you access Applications; information about your use of the Applications; audio-visual data; and physiological data, such as eye movement, facial expression and heart rate.

Information collected by us may simultaneously constitute System Data, Personal Information, and Operations Data, or any combination thereof. Depending on the applicable local law, some Personal Information collected may be considered “Sensitive Personal Information” (i.e., Personal Information subject to additional protections).

Additionally, in some cases, such as where you are the sole proprietor of a business, information about your company may be deemed Personal Information. This could include business information (e.g., office address), financial account information (e.g., bank account information, trade references, financial statements), Assets (e.g., property ownership), credit rating, tax identification, and diversity classification.

We may use anonymized (or de-identified) information that was derived from Personal Information, but in its anonymized form cannot be identified with a specific individual. This de-identified information is not considered Personal Information for purposes of this Privacy Statement and is not covered by this Privacy Statement. However, if such information is used or formatted in such a way that it is possible for that information to be identified with a specific individual, then it will be considered Personal Information as appropriate.

How We Use the Information We Collect

We may use personal information we obtain about you to:

provide you with the products and/or services you request;
send you emails or other information or materials you request;
maintain a record of your use of the Site;
respond to your questions and comments;
communicate with you about our products that may be of interest to you;
request participation in surveys or otherwise gather feedback to assess and improve our business and the products and services we offer;
operate, evaluate, and improve our business and the products and services we offer;
carry out our obligations and enforce our rights arising from any agreements between Wagner and our customers;
comply with applicable legal requirements and industry standards; and
in other ways for which we provide specific notice at the time of collection.

We may use non-personal information we collect for any purpose. Statistical data we collect automatically and other aggregated information is considered non-personal information for purposes of this Privacy Policy.

We will not sell or rent your information to any third party.

Information We Share

We may disclose non-personal information about our users without restriction.

We may disclose personal information to:

Caterpillar Inc. and its subsidiaries, you can find Caterpillar's Global Data Privacy Statement at http://www.caterpillar.com/dataprivacy
contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them;
third parties to market their products or services to you if you have not opted out of these disclosures (for more information, see the “Opting-Out” section below);
comply with any court order, law, or legal process, including to respond to any government or regulatory request;
enforce our rights arising from any agreements between Wagner and our customers; and/or
if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Wagner users of our Site, or others.

We also reserve the right to transfer your personal information to a buyer or other transferee in the event of a merger, divestiture, restructuring, reorganization, dissolution, sale, or other transfer of some or all of our assets. Should such a sale, merger, or transfer occur, we will use reasonable efforts to direct the transferee to use your personal information in a manner that is consistent with our Privacy Policy.

Opting Out

If you have registered for product announcements, news, or updates, we will use your personally identifiable information to fulfill your request. You may stop receiving any electronic communications from us at any time by clicking on and completing the opt-out link provided at the bottom of the applicable email.

How We Protect Your Information

The security of your personally identifiable information is important to us and we take reasonable precautions to protect it. After a user logs into his/her account on the Site, we use secure socket layer (SSL) technology to protect web sessions using both server authentication and data encryption in an effort to keep data safe and secure. Additionally, most Internet browsers offer their own security features that enable end users to control how their transmissions are protected. Please remember, however, that any personally identifiable information you send to us via the Internet is subject to the risk of unlawful interception by third parties, and that no method of safeguarding information is 100% secure. Further, please note that, in our discretion, aggregated information that contains no personally identifiable information may not be treated as private or confidential. For the avoidance of doubt, WE expressly disclaim any representation or warranty, whether express or implied, with respect to ensuring, guaranteeing or otherwise offering any definitive promise of security in connection with your PERSONAL Information.

Children Under the Age of 13

The Site is not directed to, and Wagner does not knowingly collect or solicit personal information from children under the age of 13. If we learn we have collected or received personal information from a child under the age of 13, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please email us at wleads@thesexbookmarks.com.

Caterpillar Data Governance

Caterpillar’s Data Governance Statement, together with Caterpillar’s Global Privacy Statement and any applicable Caterpillar Privacy Notices for its digital offering subscriptions, describes Caterpillar’s practices for collecting, sharing, and using data and information relating to machines, products or other assets and their associated worksites–for example to enable Cat Connect and other Digital Offerings. The Data Governance Statement also describes how Caterpillar may perform remote diagnostics and make available remote software and firmware updates and upgrades, such as configuration, patches, bug fixes, new or enhanced features, etc., for your Assets and Devices. By providing data and information to the Dealer as described herein or to Caterpillar as described in Caterpillar’s Data Governance Statement (http://www.cat.com/data_governance_statement), you agree to its terms as it may be revised from time to time.

Affiliated Company Websites

To the extent this Site contains links to any networked web pages and/or other websites operated by our partners and/or affiliates (each an “Affiliated Company Site“), please check the individual Affiliated Company Site for its applicable privacy policy, which may differ from this one, depending on the specific nature of that site and the transactions taking place there. If an Affiliated Company Site has its own privacy policy, the provisions of that policy will control your use of the Affiliate Company Site, to the extent of any conflict with this Privacy Policy.

Google Analytics

Wagner uses Google Analytics to inform, optimize, and serve ads based on your past visits to our Site. This means that vendors including Google will display Wagner promotional material on other sites you visit across the internet.

Google Analytics uses Cookies or other tracking technologies to help us analyze how users interact with the Site and Services, compile reports on their activity, and provide other services related to their activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a returning visitor, and any referring website. The technologies used by Google Analytics do not gather information that personally identifies you. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt-out of tracking of analytics by Google, visit http://support.google.com/analytics/answer/181881?hl=en.

You may opt-out of Google Analytics by visiting the Google Ads Preferences Manager. To provide website visitors more choice in how their data is collected by Google Analytics, Google has developed an Opt-out Browser add-on, which is available by visiting Google Analytics Opt-out Browser Add-on to enable you to opt out of Google’s programs.

External Links

For your convenience, we may provide links to websites that are external to us. We do not operate these external websites, have no control over them and are not responsible for the privacy practices or contents of such external websites. If you choose to visit any external website, understand that your use of such external website is subject to its terms of use and privacy practices. Please familiarize yourself with each external website's privacy policies and information collection practices.

Location of Our Servers; Governing Law and Venue for Disputes

If you are visiting this Site from outside the United States, please be aware that this Site and the servers that host it are located in the United States, and any information or data you provide, including personally identifiable information, will be transmitted to the United States. By using this Site or providing your personally identifiable information, you agree and consent to (a) the application of the laws of the State of Colorado, United States, with respect to any dispute arising out of or related to this Privacy Policy, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the State of Colorado, United States, and (b) the exclusive jurisdiction of the courts of the State of Colorado, (Denver County) United States to resolve any such dispute and you hereby waive any objection thereto based on inconvenient forum.

Consent

By accessing or using the Site or otherwise providing information to us, you consent to our collection and use of your information as described in this Privacy Policy.

Telematics Data

Where applicable, a device used to collect telematics data, including the equipment’s model number, serial number, software and hardware version numbers, performance, geolocation, fluid data, and other data concerning the equipment’s operation, has been installed in certain equipment sold and/or serviced by Wagner Equipment Co. (Wagner). Please refer to your equipment’s supporting literature to determine if it falls within this policy. Where it does, Wagner collects and uses this telematics data to track various data points on the equipment to provide the customer with information about the operation and performance of the equipment and for Wagner’s internal business activities. The telematics data do not include personal information about the operator, purchaser, or user of the equipment, such as name, contact information or identification number. Telematics data are stored for use by Wagner and Caterpillar, however, Caterpillar’s collection and use of such telematics data are governed by Caterpillar’s Data Governance Statement, available at http://www.caterpillar.com/en/legal-notices/data-governance-statement.html. By entering into this agreement, customer acknowledges and agrees to the collection and use of the telematics data concerning the equipment that is the subject of this agreement as described here.

Changes to Our Privacy Policy

Our Privacy Policy may change at any time. If there is a significant change in the information we collect or our other privacy practices, we will provide you notice through the Site or by another means. Your continued access and use of the Site after we make changes is deemed to be acceptance of those changes, so please check our Privacy Policy periodically for updates. Your access and use of the Site following the posting of any revised Privacy Policy will be deemed acceptance of the revised policy.

Enforcement of This Privacy Policy and Contact Information

If you have questions or comments about this Privacy Policy or believe we have not adhered to this Privacy Policy, please contact our Risk Management Department at wleads@thesexbookmarks.com or by mail at:

Wagner Equipment Co.
Attn: Risk Management

Re: Privacy Policy
18000 Smith Road

Aurora, CO 80011

California Privacy Rights

This section only applies to the Personal Information of residents of the U.S. state of California in their capacity as consumers (“California consumers”).

“California consumer” does not include individuals in their capacity as human resources, e.g., Wagner’s employees, job applicants, directors, and contract workers (collectively, “HR individuals”), or individuals in their capacity as emergency contacts, dependents, or beneficiaries of HR individuals. “Consumer” also does not include individuals in their capacity as employees or other agents of a business engaged in a transaction with Wagner.

This section applies to all Personal Information of California consumers collected, disclosed for business purposes, or provided by Wagner both online and offline.

The California Consumer Privacy Act (CCPA) requires that we provide California residents with a privacy policy that contains a comprehensive description of our online and offline practices regarding the collection, use, disclosure, and sale of personal information and of the rights of California residents regarding their personal information.

The CCPA defines “personal information” to mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information does not include information that is publicly available, de-identified or aggregate information. For purposes of this “Notice to California Residents” section we will refer to this information as “Personal Information.”

The CCPA contains an exception that is relevant to us. Some of the CCPA’s privacy rights explained below do not apply to personal information reflecting a written or verbal communication or a transaction between us and a consumer, where the consumer is acting as an employee, owner, director, officer, or contractor of another entity and when the communication or transaction occur solely within the context of us conducting due diligence regarding, providing or receiving a product or service to or from such entity. We refer to this information as “Business-to-Business Information.”

Right to Know About Personal Information Collected, Disclosed, or Sold

1. Your Right

If you are a California resident, you have the right to request that we disclose what Personal Information we have collected about you. This right includes the right to request any or all of the following:

Specific pieces of Personal Information that we have collected about you;
Categories of Personal Information we have collected about you;
Categories of sources from which the Personal Information was collected;
Categories of Personal Information that we sold (if applicable) or disclosed for a business purpose about you;
Categories of third parties to whom the Personal Information was sold (if applicable) or disclosed for a business purpose; and
The business or commercial purpose for collecting or, if applicable, selling Personal Information.

The CCPA defines “sell” to mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a California resident’s Personal Information to another business or a third party for monetary or other valuable consideration.

2. How to Submit a Request to Know

You may email us at wleads@thesexbookmarks.com or call us at 303-739-3000.

3. Our Process for Verifying a Request to Know

If we determine that your request is subject to an exemption, we will notify you of our determination. If we determine that your request is not subject to an exemption, we will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request.

If you are an account-holder but we suspect fraudulent or malicious activity with your account, we will verify your identity as follows:

Request to Know Categories of Personal Information: We will verify your identity to a “reasonable degree of certainty” by verifying at least two data points that you previously provided to us and that we have determined to be reliable for the purpose of verifying identities.

Request to Know Specific Pieces of Personal Information: We will verify your identity to a “reasonably high degree of certainty” by verifying at least three pieces of Personal Information previously provided to us and which we have determined to be reliable the purpose of verifying identities. In addition, you will be required to submit a signed declaration under penalty of perjury stating that you are the individual whose Personal Information is being requested.

4. Collection of Personal Information

The following table presents the categories of Personal Information that we have collected, the categories of sources from which that information was collected, and the categories of third parties with whom we shared that Personal Information for the 12 months preceding the Effective Date of this Privacy Policy.

As noted, much of the information that we collect is Business to Business Information that is exempt from the CCPA.

5. Disclosure or Sale of Personal Information

We have not sold to third parties any Personal Information for the 12 months preceding the Effective Date of this Privacy Policy.

The following is a list of categories of Personal Information that we have disclosed for a business purpose in the 12 months preceding the Effective Date of this Privacy Policy:

We do not sell the Personal Information of minors under 16 years of age without affirmative authorization.

6. Right to Request Deletion of Personal Information

Your Right

If you are a California resident, you have the right to request that we delete the Personal Information about you that we have collected or maintain. However, a business is not required to comply with a request to delete if it is necessary for the business to maintain the Personal Information in order to, for example, complete a transaction, detect security incidents, comply with a legal obligation, or otherwise use the Personal Information, internally, in a lawful manner that is compatible with the context in which the consumer provided the information.

How to Submit a Request to Delete

You may submit a request to delete by calling 303-739-3000 or by submitting a request via e-mail to wleads@thesexbookmarks.com.

If you submit a request to delete online, you will be asked to confirm separately that you want your Personal Information deleted.

Our Process for Verifying a Request

If you are an account-holder but we suspect fraudulent or malicious activity with your account, we will verify your identity either to a “reasonable degree of certainty” or a “reasonably high degree of certainty” depending on the sensitivity of the Personal Information and the risk of harm to you by unauthorized deletion.

We will verify your identity to a “reasonable degree of certainty” by verifying at least two data points that you previously provided to us and that we have determined to be reliable for the purpose of verifying identities.

We will verify your identity to a “reasonably high degree of certainty” by verifying at least three pieces of Personal Information previously provided to us and that we have determined to be reliable the purpose of verifying identities. In addition, you will be required to submit a signed declaration under penalty of perjury stating that you are the individual whose Personal Information is being requested.

7. Notice of Right to Opt-Out of Sale of Personal Information

Your Right

If you are a California resident, you have the right to direct a business that sells (or may in the future sell) your Personal Information to stop selling your Personal Information and to refrain from doing so in the future.

We do not and will not sell Personal Information as it is defined in the CCPA.

8. Right to Non-Discrimination for the Exercise of a California Resident’s Privacy Rights

We will not discriminate against California residents if they exercise any of the rights provided in the CCPA as described in the section “Notice to California Residents.” As such, we will not deny goods or services to that California resident; charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; provide a different level or quality of goods or services to the California resident; or suggest that the California resident will receive a different price or rate for goods or services or a different level or quality of goods or services. However, we are permitted to charge a California resident a different price or rate, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to us by the individual’s data.

9. Authorized Agents

California residents may use an authorized agent to submit a request to know or delete on your behalf.

If you use an authorized agent to submit a request to know or request to delete, we may require that (1) the authorized agent provide proof of your written permission and (2) you verify your identity directly with us. These requirements do not apply if you have provided the authorized agent with a power of attorney pursuant to California Probate Code sections 4000 to 4465.

10. Shine the Light Law

We do not disclose personal information obtained through our Site or Services to third-parties for their direct marketing purposes. Accordingly, we have no obligations under California Civil Code § 1798.83.

11. Accessibility

We are committed to ensuring this Privacy Policy is accessible to individuals with disabilities. If you wish to access this Privacy Policy in an alternative format, please contact us as described below.

12. How to Contact Us

To contact us for questions or concerns about our privacy policies or practices please email us at wleads@thesexbookmarks.com or mail us at:

Wagner Equipment Co.
Attn: Risk Management

Re: Privacy Policy
1800 Smith Road

Aurora, CO 80011

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