Privacy Policy

Effective as of June 13, 2023

Your information privacy is extremely important to us. We have prepared this Privacy Policy to explain how we collect, use, protect, and disclose information and data when you use the Powers Electric website (“Site”), any Powers Electric mobile application, any RSS feed or application programming interface (API) made available by Powers Electric, any service offered by Powers Electric such as chat, telephone-based customer service interactions, online training, and any other interactions with Powers Electric. (“Services”). This Privacy Policy also explains your choices for managing your information preferences with respect to your Sensitive and Personal Information (defined below). This Privacy Policy applies to all users of the Site and Services. The Site and Services are provided by Taylor-Listug, Inc. d/b/a Powers Electric (“Company” “we” “our” “us”).

BY USING THE SITE OR SERVICES, YOU ARE CONSENTING TO THIS PRIVACY POLICY.  PLEASE READ IT CAREFULLY.

  1. Managing Your Communications

You can opt out of receiving certain e-mails by e-mailing us at support@powerselectricguitars.com or, if your account type on the Site allows you to change the relevant settings, by changing the relevant settings in your account on the Site.  You are able to opt out of receiving marketing e-mails from us, however, you cannot opt out of receiving all e-mails from us, such as e-mails about the status of your account or an order. 

  1. Information We Collect

Personal Information

We collect information that personally identifies you, such as your name, mailing or billing address, telephone number, email address, email preferences, product or service reviews and testimonials, passwords for your Account and password hint questions, guitar(s) registered (including, where provided, purchase information such as guitar serial number, location purchased from (including dealer name), date purchased), and other personally identifiable information that you choose to provide us with or that you choose to include in your account (“Personal Information”).  You may be asked to provide us with Personal Information when you register with the Site or use any of our Services, when you place an order, and at other times.

Sensitive Personal Information

We may also collect personally identifying information that has been deemed by law as being more vulnerable in nature, such as; government-issued identifying numbers (e.g. driver’s license, passport, or social security number); financial account details that allow access to an account (such as a credit card number and access code); genetic data; precise geolocation; race or ethnicity; religious or philosophical beliefs; union membership; the contents of a user's mail, email, or text messages (unless your business is the intended recipient); biometric data; health data; or sexual orientation (“Sensitive Information”). Note that the categories listed above are defined by law. Inclusion of a category in the list above indicates only that, depending on the site and services we provide you, we may collect some information within that category. It does not necessarily mean that we collect all information listed in a particular category for all our users.

Usage Data and Site Activity

We automatically collect information regarding the actions you take on the Site (“Usage Data”). For example, each time you use the Site we automatically collect the type of Web browser you use, your operating system, your Internet Service Provider, your IP address, the pages you view, the websites you visit before and after visiting the Site, and the time and duration of your visits to the Site. We may also collect web beacons, which includes the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, and the type of browser used to view the page. We use this information to help us understand how people use the Site and Services, and to enhance the services we offer.

We do not use your Sensitive or Personal Information for any automated decision making for any profiling purposes, as required under applicable data privacy laws.

Geolocation Data

For certain Applications that we offer, we may ask for location data and/or access location permission (Android apps may ask for precise location (GPS and network-based)). This allows the app to enable scanning for, connecting to, and maintaining a reliable Bluetooth connection with supported technology and/or devices, even when the app is in the background or not in use.

This allows us to provide the optimal experience for our customers and end-users to ensure any technology and/or services (including apps) can reliably connect with approved partner technology and/or devices. We do not share, track, store, or access any geolocation data beyond the zip code and/or country that a user may provide when creating an account.

Cookies and Anonymous Identifiers

We use cookies (a small text file placed on your computer to identify your computer and web browser) and may use anonymous identifiers (a random string of characters that is used for the same purposes as a cookie). We use cookies and other anonymous identifiers to analyze use of and improve the Site and Services and as described in the Advertising and Online Tracking section of this Privacy Policy. Most web browsers are initially set up to accept cookies. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent, however, certain features of the Site or Services may not work if you delete or disable cookies. Some of our Service Providers (defined below) may use their own cookies, anonymous identifiers, or other tracking technology in connection with the services they perform on our behalf.

We collect device-specific information (such as your unique device identifiers). We may associate your device identifiers with your account.

We contract with third-party analytics services on the Site and Services to collect Usage Data, to analyze how users use the Site and Services, and to provide advertisements to you on other websites. For more information about how to opt out of having your information used by these third-party analytics services, see the “Data Subject Request Procedure” section below.

  1. How We Use Information and When We May Share and Disclose Information Generally; Legal Basis

We process your Sensitive and Personal Information on the following legal bases, and for the following purposes: Only to the extent necessary to fulfill our business objectives, such as to provide you with the Site and Services, including to send you alerts about your account, to fulfill your orders or repairs, to fulfill email subscriptions, to respond to service inquiries, to improve the Site and Services, to manage our network and business, to notify you of new products or services, to personalize and enhance the Site and Services and our communications and advertising, and to otherwise communicate with you about our Company. 

We may also use your Sensitive or Personal Information to provide more relevant search results from the search functions of the Site and the Services. We may combine information we receive about you from different areas and aspects of the Site and Services and from other sources. We will not disclose Sensitive or Personal Information to third parties for their direct marketing purposes, without your consent, except as explained in this Privacy Policy. We may disclose to third parties, certain aggregated Usage Data regarding the Site and Services. We may disclose your information to comply with our legal obligations.

  1. Sensitive and Personal Information You Make Available to Others

By using the Site or the Services you may make parts of your Sensitive or Personal Information visible and available to others. For example, when you post a comment or a photo on the Site other users may see your name (first name and last name initial), the city you live in and other information that you choose to make available to others.

  1. Service Providers

From time to time, we may establish a business relationship with other businesses whom we believe trustworthy and who have confirmed that their privacy practices are consistent with ours (“Service Providers”). For example, we may contract with Service Providers to provide certain services, such as development, customer service calls (web-based chat, telephone, e-mail), hosting and maintenance, data storage and management, processing of orders, shipping product and publications, advertising, marketing, surveys and promotions, online training, participation or administration of promotions, and to provide marketing or promotional assistance. We only provide our Service Providers with the information necessary for them to perform these services on our behalf.  Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Sensitive and Personal Information from unauthorized access, use, or disclosure. Service Providers are prohibited from using Sensitive or Personal Information for any purpose other than as specified by us.

  1. Advertising and Online Tracking

We may allow third-party companies to collect certain anonymous information when you visit the Site and Services. These companies may use non-personally identifiable information (e.g. click stream information, web browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Site and other websites in order to provide advertisements about goods and services likely to be of interest to you on other websites. These companies typically use a cookie to collect this information. Our systems do not recognize browser “Do Not Track” signals, but several of our Service Providers who utilize these cookies on our Site enable you to opt out of targeted advertising practices. To learn more about these advertising practices please contact Powers Electric using the information provided below in the “Contact Information” section.

  1. Other Transfers

We may share Sensitive or Personal Information and Usage Data with businesses controlling, controlled by, or under common control with our Company.  If our Company is merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Sensitive and Personal Information and Usage Data in connection with such transaction. You will have the opportunity to opt out of any such transfer if, in our discretion, it will result in the handling of your Sensitive and Personal Information in a way that differs materially from this Privacy Policy.

  1. Compliance with Laws and Law Enforcement

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Sensitive or Personal Information and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas), to protect the safety, property, or rights of our company or of any third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.

Powers Electric has not, does not, and will not sell any form of personal information.

  1. Be Careful When You Share Information with Others

Please be aware that whenever you share information on any public area of the Site or Services, that information may be accessed by others. In addition, please remember that when you share information in any other communications with third parties, that information may be passed along or made public by others. This means that anyone with access to such information can potentially use it for any purpose, including sending unsolicited communications.

  1. Security

We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us. However, no data transmission over the Internet or other network can be guaranteed to be 100% secure.  As a result, while we strive to protect information transmitted on or through the Site or Services, we cannot and do not guarantee the security of any information you transmit on or through the Site or Services, and you do so at your own risk.

  1. Third Party Websites and Social Platforms

Our Site and Services may contain links to and from other websites or allow you to share content on third party websites or social platforms, such as Facebook, TikTok and Twitter. A link to a third party’s website or social platform does not mean that we endorse it or that we are affiliated with it. We do not exercise control over third party websites or social platforms; you access such third-party websites or social platforms at your own risk.  You should always read the privacy Statement of a third-party website and social platform before sharing any information on or with them.

  1. Children’s Privacy

The Site and Services are intended for users who are 16 years old or older. We do not knowingly collect Sensitive or Personal Information from children under the age of 16.  If we become aware that we have inadvertently received Sensitive or Personal Information from a child under the age of 16, we will delete such information from our records. Users under the age of 18 may request the removal of their content or information publicly posted on the Site or Services by contacting Powers Electric using the information provided below in the “Contact Information” section.

  1. Processing in the United States and Other Countries

Please be aware that your Sensitive or Personal Information and communications may be transferred to, maintained, and stored on servers or databases located outside your state, province, or country, or in any other country where Powers Electric or its affiliates, subsidiaries, or third-party service providers operate or maintain facilities.  Powers Electric will execute agreements with third parties for the transfer of personal data outside of the United States. These agreements may use European Commission-approved Standard Contract Clauses and/or employ additional or alternative appropriate safeguards.

The laws in the United States or other countries may not be as protective of your privacy as those in your location. By using the Site or Services, you are agreeing to the collection, use, transfer, and disclosure of your Sensitive and Personal Information and communications will be governed by the most protective applicable laws.

  1. Your Rights

Under the law, you have several enumerated data subject rights, including:

Right to Know. You have the right to know and see what data we have collected about you over the past 12 months, including:

  • The categories of Sensitive and/or Personal information we have collected about you;
  • The categories of sources from which the Sensitive or Personal information is collected;
  • The business or commercial purpose for collecting your Sensitive or Personal information;
  • The categories of third parties with whom we have shared your Sensitive or Personal information; and
  • The specific pieces of Sensitive and Personal information we have collected about you.

Right to Delete. You have the right to request that we delete the Sensitive and    Personal information we have collected from you (and direct our service providers to do the same). There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following:

  • Complete your transaction;
  • Provide you a good or service;
  • Perform a contract between us and you;
  • Protect your security and prosecute those responsible for breaching it;
  • Fix our system in the case of a bug;
  • Protect the free speech rights of you or other users;
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interests that adheres to all other applicable ethics and privacy laws;
  • Comply with a legal obligation; or
  • Make other internal and lawful uses of the information that are compatible with the context in which you provided it.

Right to Opt-Out. You have the right to opt-out of the transfer or sharing of your Sensitive or Personal Information, at any time, by submitting your request, as described below. Please note that we do not track users across devices, so you will have to opt out from each device where you access the Site or Services.

Right to Data Portability. You have the right to request your Sensitive and Personal information be provided to you in a readily usable format that will allow you to transmit your information to another person or entity. You also have the right to request that we make such a transfer, on your behalf, to another individual or entity. 

Right to Correction. You have the right to request that we correct any inaccurate personal information about you. This information includes any Sensitive Personal Information and Personal Information as described above.

Right to Limit Sensitive Personal Information. You have the right to request us to limit the use of your Sensitive Personal Information to only that which is necessary for us to provide you with the Site and Services.

Right to Access and Limit Automated Decision Making. You have the right to request that we limit the use of your data in automated-decision making. Under the law, you may request we stop using your data for automated decision-making relating to:

  • Workplace performance
  • Economic situation
  • Health
  • Behavior and reliability
  • Personal preferences and interests
  • Location and movements

You have the right not to be discriminated against for exercising any of the consumer’s rights granted by law.

  1. Exercising Your Rights

To exercise your right to know, access, opt-out, transfer, correct, limit, update, or delete such Sensitive or Personal Information or object or restrict, for legitimate purposes, to the processing of Sensitive or Personal Information for which Powers Electric is the service provider, as provided under applicable law, or for any questions about the collection of your Sensitive or Personal Information, please visit the link noted in the “Data Subject Request Procedure” section below.

  1. Right Restrictions

There may be cases where restrictions on the amount of information that can be disclosed to data subjects under applicable law (for example, if that would necessarily involve disclosing data about another person). Powers Electric is permitted to withhold some types of Sensitive and Personal Information in certain circumstances, subject to applicable local law requirements. If there is a dispute, please contact Powers Electric using the contact information provided below.  In addition, data subjects have the right to lodge a complaint with a supervisory authority.

Retention Period

Sensitive and Personal data is retained by Powers Electric no longer than is reasonably necessary to fulfill its purpose and obligations described under this Privacy Policy, including to (1) former employees to provide post-employment benefits; (2) clients or business partners under applicable contracts; or (3) customers with respect to warranty and support of Powers Electric -produced goods or related services. When assessing retention periods, we first carefully examine whether it is necessary to retain the sensitive or personal information collected and, if retention is required, work to retain the sensitive or personal information for the shortest possible period permissible under law.

Right to Withdraw Consent

You may withdraw your consent at any time by following the process outlined in sections 18 and 19 below; however, Powers Electric will not be able to provide or continue to provide Services or marketing communications to you. 

  1. Privacy Policy Changes

We may change this Privacy Policy from time to time. If we decide to change this Privacy Policy, we will inform you by posting the revised Privacy Policy on the Site. Those changes will go into effect on the date shown in the revised Privacy Policy. By continuing to use the Site or Services, you are consenting to the revised Privacy Policy.

  1. Data Subject Request Procedure

Data subjects whose personal data is held by Powers Electric are entitled under applicable law to ask about their enumerated rights listed in Section 14 above.

 

Data Subject Access Request Form

To exercise one of your rights with respect to your personal data held by Powers Electric, you will need to populate a Data Subject Request Form (linked below) and submit the completed form to Powers Electric, along with various forms of current identification, bearing your photograph and your signature, that will allow us to verify and match your identity with our data records, such as a copy of your passport, driver’s license, or other supporting documentation. This Data Subject Access Request Form, and all accompanying supporting documentation is a means for Powers Electric to accurately verify the identity of the data subject / requestor.

You are encouraged to complete the Data Subject Access Request Form with as much relevant detail as possible to assist Powers Electric in accurately identifying your personal data. Powers Electric will respond to your request as quickly as possible and without undue delay once we have received all of your necessary information to process your request. The more detail you’re able to provide concerning your request, the more effective Powers Electric will be in fulfilling the request.

Please note that in limited circumstances certain data subject rights may not apply in order to strike a balance between the rights of the individual and the operational requirements of Powers Electric. For this reason, there are circumstances under which Powers Electric will withhold certain data from disclosure. These circumstances will be reviewed on a case-by-case basis.

Response Timing and Format

Powers Electric will confirm receipt of your Data Subject Request Form within 10 days of submission. We aim to fulfill data subject requests within 45 days of receiving that request. If we require more time, we will inform you of the reason and extension period in writing.

If you have any questions about how we collect your personal data or about your data subject rights please contact Powers Electric using the information provided below.

If you would like to exercise any of your data subject rights described above, click here.

  1. Contact Information

Powers Electric

Attn: Data Privacy

1980 Gillespie Way

El Cajon, CA 92020

 

If calling from North America: 1-800-943-6782 (toll-free)

If calling from Europe/International: +31 (0) 20 667 6033

Consumers or Dealers: Jordan.keglovits@taylorguitars.com

Former employees or job applicants: Shaun.Paluczak@taylorguitars.com