What Types of Information and Data Does First Performance Collect, and When Does It Collect This Data?
First Performance collects various types of Personal Information and Operational Data. We collect this information when you provide it to us (whether directly, through our dealers and/or representatives, or from First Performance products) or when you use certain services provided by First Performance.
"Personal Information" is information that can be used to identify, locate, or contact you as a natural person, as well as other information about you that we tie to Personal Information. Personal Information that we collect includes, but is not limited to, the following types of information:
- "Contact Information" that allows us to identify and communicate with you, such as your name, phone number, address, email, and language preferences.
- "Relationship Information" that helps us understand who you are what you want in order to offer you products and services that may interest you.
- "Transactional Information" about how you interact with us, our dealers and business partners, including purchases, services you request, customer service inquiries, and customer account information.
- "Financial Account Information" as needed to complete your purchases, such as credit card information.
“Non-Personal Information” is any information that does not identify a natural person and is not identifiable to a natural person, such as:
- Cookies and other tools used in a non-identifiable way;
- Anonymized information;
- Aggregated information; and
- Information about your business operations, including, but not limited to:
- Operation-specific data, such as location data, when kept in a non-identifiable way; and
- The name, form, and contact details of legal persons.
"Operational Data" is data about how First Performances products, services, and accessories are performing with respect to particular jobs or other information regarding a customer's use, and the work that the customer performs with its First Performance products and services. It may also include information or data that is input by a customer into a system or service provided by First Performance. Accessories incorporated on the equipment include services, hardware, and software purchased or licensed by First Performance from third parties for incorporation in, with, or on First Performance products and services.
In addition to the methods described above, Personal Information, Non-Personal Information, and Operational Data may be collected by First Performance from its authorized customers and partners as part of its standard business operations, to provide services to the authorized customers and partners, and as otherwise agreed pursuant to agreements between First Performance and such authorized customers and partners.
When data is described as “anonymized,” it means that the data is no longer associated with a particular person. When data is described as “aggregated,” it means that such information has been combined with other data in such a way that no person can be identified or linked to any specific action or information.
How First Performance Uses Your Information(the "Purposes")
- To Complete Orders and Provide Requested Services. To fulfill orders for products or services, and for other services or purposes as you may request or direct, such as product delivery, maintenance, or warranty service.
- Product and Customer Support. To provide support services, including monitoring and managing the health of your product, to deliver upgrades and product improvement communications, and for diagnostics and repairs, product safety, and recalls.
- Marketing and Surveys. To communicate offers for products and services from First Performance or its customers or partners, including offers based on your interests, personal and business characteristics and your location; to administer surveys, polls, sweepstakes, contest, loyalty programs and other promotional events; and to provide other information which may be of interest to you, such as First Performance emails, company news, catalogs, announcements, reminders, and technical bulletins. Please contact us if you would not like to be contacted by First Performance for marketing purposes without being asked. We will provide you with the opportunity to opt-out of marketing information or market research inquiries.
- General Business Purposes. To provide and accomplish standard business tasks, such as payment processing, financial account management, product development, product safety, contract management, website administration, web-forum management, order or contract fulfillment, analytics, fraud prevention, corporate governance, reporting and legal compliance.
- As Disclosed at the Time of Collection. In any other manner that we may describe when you provide the information to us.
These Purposes may be necessary for First Performance to perform a contract to which you are a party, comply with a legal obligation to which First Performance is subject, protect First Performance’s vital interests or the interests of another natural person, or otherwise pursue First Performance’s legitimate business purposes and objectives. First Performance may obtain your consent to process your Personal Information, as necessary.
We use your Operational Data to help you do your job and to provide the specific services you have requested related to that Operational Data. The particular ways we use your Operational Data are set forth in the specific terms of service or contracts that you sign or accept related to the First Performance services that collect Operational Data. In general, First Performance and its data service providers may access your Operational Data in personally identifiable form only when necessary to provide our services or administer your account.
Because Non-Personal Information does not personally identify you, First Performance may use and disclose Non-Personal Information for any purpose. In some instances, First Performance may combine Non-Personal Information with Personal Information (such as combining your name with your location data). If First Performance combines any Non-Personal Information with Personal Information, First Performance will treat the combined information as Personal Information.
In addition, First Performance reserves the right to use anonymized and aggregated Personal Information and Operational Data to improve its products and services, to create and publish reports, to conduct statistical analysis about our customers and equipment, and for other activities that do not result in the disclosure of your identifiable information.
When Will First Performance Disclose Your Information, and Who May Receive It?
First Performance is committed to being transparent regarding the manner in which we use and disclose your information. We may disclose and share your information as follows:
- We may share Personal Information and Operational Data with our affiliated companies, our authorized customers, and business partners, as needed to accomplish, and consistently with, the Purposes set forth above, or as you authorize or request. For example, we may share your Personal Information and Operational Data with your financial institution and card issuer as necessary to provide requested services.
- We may also share Personal Information and Operational Data with our service providers to fulfill the Purposes on our behalf. Our service providers are bound by law or contract to treat your information and data with the same level of protection that we do and to only use it in accordance with our instructions. For example, we may share your Personal Information and Operational Data with our cloud-computer provider as necessary to provide requested services.
- We may disclose Personal Information and Operational Data where needed to affect the sale or transfer of business assets, to enforce our rights, protect our property, or protect the rights, property, or safety of others, or as needed to support external auditing, compliance, and corporate governance functions.
- We will also disclose Personal Information and Operational Data when required to do so by law, such as in response to a subpoena, including to law enforcement agencies and courts in the countries where we operate.
We understand that your Operational Data is particularly important to your success. For that reason, we do not share your Operational Data in a non-anonymized or non-aggregated form with any parties that are not directly involved in providing services directly to you without your express consent.
As noted above, First Performance reserves the right to use and disclose anonymized and aggregated Personal Information and Operational Data to improve its products and services, to create and publish reports, to conduct statistical analysis about our customers and equipment, and for other activities that do not result in the disclosure of your identifiable information.
How Long Will First Performance Keep your Information?
First Performance keeps different kinds of personal data for different lengths of time, depending on the Purposes for which they are processed and the unique circumstances of your situation. First Performance will hold your Personal Information as long as necessary for the relevant Purpose. For more information on First Performance’s data-retention policy and how long your data might be retained, please contact us as information provided below.
Website Data Collection, Cookies, and Similar Technology
When you visit our website or use our mobile applications, we collect certain information by automated means, using technologies such as cookies, pixel tags, browser analysis tools, server logs and web beacons.
For example, when you visit our website, we place cookies on your computer. Cookies are small text files 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 allow us to recognize you when you return. They also help us provide a customized experience and enable us to detect certain kinds of fraud. We may also use Adobe Flash Cookies, Microsoft Silverlight, and similar technologies which remember your settings, preferences, and usage in a manner similar to browser cookies to personalize and enhance your online experience, but which are not managed through your browser. To manage your Flash and Silverlight cookies, please see Adobe’s and Microsoft’s websites.
Pixel tags and web beacons are tiny graphic images placed on website pages or in our emails that allow us to determine whether you have performed a specific action. When you access these pages or open or click an email, the pixel tags and web beacons generate a notice of that action. These tools allow us to measure response to our communications and improve our web pages and promotions.
We collect many different types of information from cookies and other technologies. For example, we may collect information about the device you use to access our website, your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone where your device is located. Our server logs also may record the IP address or derivative of the device you use to connect to the Internet. An IP address is a unique identifier that devices use to identify and
communicate with each other on the Internet. We may also collect information about the website you were visiting before you came to First Performance and the website you visit after you leave our site.
First Performance has relationships with third party advertising companies to perform tracking and reporting functions for our web processing. These third party advertising companies may place cookies on your computer so that they can display targeted advertisements to you. These third party advertising companies should not collect Personal Information in this process, and we do not give Personal Information to them as part of this process.
Your Choices and Data Control
You can limit the information you provide to First Performance. You can also limit the communications that First Performance sends to you. To opt-out of marketing emails, you can visit our website and communicate your choice to the relevant privacy contact. Alternatively, you may opt-out of receiving future marketing emails by clicking "unsubscribe" at the bottom of marketing emails we send you.
Please note that even if you opt-out of receiving marketing material, we may still need to contact you with important Transactional Information about your account or your equipment. For example, even if you opt- out of marketing emails, we will still send you a confirmation when you purchase something from us as well as product safety communications.
You can manage cookie preferences and opt-out of having cookies and other similar collection technologies used by adjusting the settings on your browser or interface, commonly known as “Do Not Track” settings. All browsers and interfaces are different, so visit the "help" section of your browser or interface to learn about cookie preferences and other privacy settings that may be available. You can manage how your mobile device and mobile browser share location information with First Performance, as well as how your mobile browser handles cookies and related technologies by adjusting your mobile device privacy and security settings. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings. In general, First Performance complies and requests that all of its service providers comply with your “Do Not Track” settings you select using your internet browser(s).
First Performance complies with applicable law regarding your ability to access, correct, and delete your Personal Information. If you have an online account, you may be able to log into your account to access and update certain information you provided to us. For Personal Information that is not linked to an online account, for assisting in opting-out of communications, or if you need assistance updating or deleting your Personal Information, please contact us via email at email@example.com. You can also write us at
the address in the How to Contact Us section below. If you send us a letter, please provide your name, address, email address, and detailed information about the change you would like to make.
For EU and UK Residents:
The General Data Protection Regulation (“GDPR”), particularly Articles 15 to 21, affords you a number of rights as a data subject. First Performance encourages you to read and learn about those rights on your own. However, the following will help you to begin to understand those rights.
(a) The Right to Access: This allows you to request from First Performance information about your Personal Information, including what data First Performance has and how and why it is being processed.
(b) The Right to Rectification: In the event that some or all of the Personal Information that First Performance has concerning you is inaccurate, this gives you the right to have those inaccuracies rectified.
(c) The Right to Erasure: In some cases, you may have the right to request that First Performance erase your Personal Information that it has in its possession.
(d) The Right to Restriction of Processing: This gives you the right, in some circumstances, to have First Performance process your Personal Information only with your consent.
(e) The Right to Object to Processing: Where First Performance is processing your Personal Information on the ground of its legitimate interests, or to carry out tasks in the public interest or to exercise official authority, you have a right to object to the processing on grounds relating to your particular situation. In cases where you object to First Performance’s processing of your personal data for direct marketing purposes, the processing will cease.
(f) The Right to Data Portability: This allows you to request from First Performance a copy of your Personal Information that it has on file and to transfer that information to someone else without any interference from First Performance. In some cases, you may be able to request that First Performance transfer your Personal Information directly to a third party on your behalf. In addition, to the extent that First Performance processes any of your Personal Information on the basis of your consent, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing that was based on your consent before its withdrawal.
If you are a natural person residing in the EU or UK and at any time you believe First Performance has violated one of your rights listed above, or if you believe First Performance is in violation of one or more of the provisions of the GDPR, you have the right to lodge a complaint with a Data Protection Authority. More information about the Data Protection Authorities can be found at https://ec.europa.eu/info/law/law- topic/data-protection/reform/what-are-data-protection-authorities-dpas_en.
Information and Data Security
First Performance has implemented an information and data security program that contains administrative, technical and physical controls that are designed to reasonably safeguard Personal Information, Equipment Data, and Operational Data.
Transfer of Information, Transfers to Other Countries
For EU-US transfers or UK-US: First Performance complies with the EU-US Privacy Shield Frameworks as set forth by the US Department of Commerce regarding the collection, use, and retention of Personal Information from European Union member countries and the United Kingdom. We are currently seeking Privacy Shield certification, which, once obtained, will be posted at the following address: https://www.privacyshield.gov/list. Any transfers of your Personal Information from the European Union or United Kingdom to the United States will take place within that framework to ensure that your Personal Information is adequately protected. For more information on our compliance with the Privacy Shield Frameworks, please refer to our Privacy Shield Policy.
Privacy Policies of Third Parties
First Performance does not intend to collect Personal Information from children aged 18 and under on our website. If you believe that your child is using our website, please contact us at firstname.lastname@example.org so we can investigate and delete any inappropriate information.
Forums and Plug-Ins to Social Media and Other Third Party Services
Our website may contain forums, bulletin boards, and other areas where you can publicly post product reviews, communicate with others, and submit media content. You have no privacy rights in any public postings. All information you post will be accessible to anyone with internet access, and any Personal Information that you include in your posting may be read, collected, and used by others. For example, if you post your email address along with a product review, you may receive unsolicited messages. Use caution and good judgment when posting any Personal Information.
In addition, First Performance’s websites may also contain links, plug-ins, APIs, and other tools that enable you to share content on our website or your own content through third party social media or other services (such a Facebook, Twitter, Google+, and other services). All use of such third party services, including through links found on our website, shall be considered public information and shall be subject to the terms and conditions of such third party services.
Amendments and Changes
How to Contact Us
First Performance Corporation Attn: Privacy, Legal Department 730 Peachtree Street NE Suite 850 Atlanta GA 30308, USA
Last Updated: September 11, 2019
+1 (404) 969-1493
730 Peachtree Street NE
Suite 850, Atlanta, GA 20208
Av. Providencia 1208, of 1106
Providencia - Santiago Chile
Av. Vereador Jose Diniz, 3720 cj. 106
Sao Paulo/SP – Brazil