Privacy and Cookie Policy
This PRIVACY AND COOKIE POLICY (this “Privacy Policy”) outlines the type of information we collect, why we collect it, and how we use it. By accessing or using the site located at kirbycorp.com together with its pages and features, the “Site”, you agree to the collection and use of your information in accordance with this Privacy Policy.
- “Personal Data” Explained
- Our Data Protection and Data Privacy Principles
- Types of Personal Data We Collect
- How Do We Use Your Personal Data
- Retention of Personal Data
- Sharing of Personal Data
- Cookies
- Not Used
- Not Used
- Not Used
- Security
- Other Websites
- Children Under the Age of 13
- Online Tracking
- Not Used
- State Specific Privacy Rights
- Visiting the Website from Outside the United States of America
- Contact Us
- Changes to Our Privacy Policy
1. “Personal Data” Explained
As used in this policy, “Personal Data” means information that would allow someone to specifically identify you or contact you physically or online (e.g., your name, physical address telephone number, email address, social security number, and other information in your customer or dealer account); and the term “Non-Personal Data” means any information other than personal information that we may collect from you. As described in more detail in Section 3 below, the term “Personal Data” as used in this Privacy Policy includes Device Information (defined below) and Buyer Information (defined below).
2. Our Data Protection and Data Privacy Principles
We have implemented security features that are designed to prevent loss, misuse, alteration, or unauthorized release of, or access to, Personal Data provided to us. We have designed the Site to limit the collection and processing of Personal Data.
The confidentiality of any communication or material transmitted to or from us on, through or in relation to the Site or by e-mail or other electronic communication cannot be guaranteed. We are not responsible for the security of information transmitted via the Internet. If you do not want to communicate with us via the Internet, you may contact us by mail at the mailing address set forth in the “Contact” section below (see Section 18 below).
3. Types of Personal Data We Collect and How We Use that Data
When you visit the Site, we might automatically collect certain information about you or your device, including, for example, information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we might collect information about the individual web pages, or content that you access, view, or listen to, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
As described in more detail in Section 7 below, we might collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. They may help store user preferences and activity, and may allow a website to recognize a particular browser or device. Cookies may record information you access on one page of a website to simplify subsequent interaction with that website, or to help streamline your transactions on related pages of that website. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org
- “Log files” track actions occurring on a website, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files or pieces of code used to record information about how you browse a website. Web beacons are sometimes used to collect advertising data, such as counting page views, promotion views or advertising responses. Disabling your computer’s, device’s or browser’s cookies may prevent some web beacons from tracking or recording certain information about your activities.
- “Scripts” are pieces of code embedded in a website to define how the website behaves in response to certain key or click requests sent by the user. Scripts are sometimes used to collect information about the user’s interactions with the website, such as the links the user clicks on. Scripts are often times temporarily downloaded to the user’s computer or device from the website server, active only while the user is connected to a Site, and deactivated or deleted when the user disconnects from a Site.
Again, when we talk about “Personal Data” in this Privacy Policy, we are also talking about Device Information.
We use commercially reasonable efforts to maintain the confidentiality of the Personal Data that you provide to us.
4. How Do We Use Your Personal Data
We might use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize the Site.
We might also use the Personal Data in other ways. Examples of those uses might include, for example:
– Operate, administer, maintain, and improve the Site and its content, features, products and services;
– Facilitate your movement through the Site;
– Facilitate and maintain your access and use of the Site and its content, features, and services;
– Facilitate and maintain your accounts with us or our affiliates;
– Improve our or our affiliates’ products, services, marketing, and promotional efforts;
– Create new products, services, marketing, and promotions for us or our affiliates;
– Market our or our affiliates’ businesses, products, and services;
– Help personalize user experiences with the Site and its content, features, and services;
– Analyze traffic, user behavior, and user activity to, on, and through the Site;
– Monitor the activities of you and others on or through the Site;
– Protect or enforce the rights and properties of us or our affiliates; and/or
– Protect or enforce the rights and properties of others (which may include you), assuming that we believe that we an obligation to do so.
In addition to all of the foregoing, we reserve the right, for us and for those who we might share your personal and/or non-personal information with (including our affiliates), to use your personal and non-personal information when:
– Required by applicable law, court order or other governmental authority (including, without limitation and by way of example only, in response to a subpoena or other legal process; and/or
The user believes in good faith that such use is otherwise necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations, or properties of us, our affiliates, a user of the Site which may include you, or anyone else who may be harmed by such activities, or to further the user’s legitimate business interests).
5. Retention of Personal Data
We may retain your personal information and non-personal information for as long as we believe necessary to use the Personal Data, as described above. We may also dispose of or delete any such personal information or non-personal information at any time, except as set forth in any other agreement or document executed by both you and us concerning the same or as required by law.
8. Not Used
9. Not Used
10. Not Used
11. Security
We implement security measures to help protect the Personal Data collected through the Site. For example, we encrypt the transmission of information through the Site by using secure socket layer (SSL) technology. In addition, we also implement commercially reasonable security measures to protect your Personal Data, including: physical measures (e.g., locked filing cabinets and restricted access to offices); organizational measures (e.g., security clearances and limiting access on a “need-to-know” basis;” and technology measures (e.g., the use of passwords and encryption).
Regardless of the foregoing, please observe that “perfect” or “100%” security does not exist on the Internet. Therefore, your access and use of the Site, and your opening of any communications sent through or as a function of the Site, are done at your own risk.
12. Other Websites
This Privacy Policy only applies to the Site and any websites of our affiliates which may link to this Privacy Policy. The Site may contain links to other websites. Please be aware that we are not responsible for the privacy practices of those websites. When visiting other websites, you should read those websites’ privacy policies.
13. Children Under the Age of 13
The Site is not intended for children. No one under age 13 may provide any Personal Data on the Site. We do not knowingly collect Personal Data from children under 13. If you are under 13, do not use or provide any information on the Site. If we learn we have collected or received Personal Data from a child under 13, we will use reasonable efforts to refrain from further using such Personal Data or maintaining it in retrievable form. If you believe we might have information from or about a child under 13, please contact us at KDSLegal@KirbyCorp.com.
The foregoing is a description of our voluntary practices concerning the collection of personal information through the Site from certain minors, and is not intended to be an admission that we are subject to the Children’s Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations
14. Online Tracking
We do not respond to “do not track” (DNT) signals.
15. Not Used
16. State Specific Privacy Rights
California Privacy Rights
Please note that we are not subject to regulation under the California Consumer Privacy Act of 2018 (“CCPA”). Therefore, even if you are a California resident and we may have personal information about you that is the type of the information subject to the CCPA, the CCPA is inapplicable to our relationship with you. However, if you are a resident of the State of California and we have an established business relationship with you, then, pursuant to Section 1798.83 of the California Civil Code, you have the right to request the following at any time: (a) information from us free of charge regarding the manner in which we share certain personal information collected through the Site with third parties who use such information for direct marketing purposes; and (b) the discontinuation (or opt-out) of our sharing of such information with such third parties. Please submit any such request (“California Privacy Rights Request”) to any one of the following:
By mail: Kirby Corporation, 55 Waugh Drive, Suite 1000, Houston, TX 77007, with a subject line of “Your California Privacy Rights”.
By email: KDSLegal@KirbyCorp.com, with a subject line of “Your California Privacy Rights”.
For each California Privacy Rights Request, please state “Your California Privacy Rights” in the email or letter subject line, and clearly state the following in the body:
- the nature of your request;
- that the request is related to “Your California Privacy Rights;”
- your name, street address, city, state, zip code and email address; and
- whether you prefer to receive a response to your request by mail or email.
If you send a California Privacy Rights Request by mail, then please do so by U.S. Certified Mail, Return Receipt Requested to allow for confirmation of mailing, delivery and tracking. We will not accept a California Privacy Rights Request via telephone or fax; and is not responsible for a California Privacy Rights Request that is incomplete, incorrectly labeled or incorrectly sent.
You are solely responsible for the accuracy and content of your personal information, and for keeping your Personal Data current and correct.
Finally, as explained further above, we do not authorize third parties to collect your personal information when you use the Site, except as expressly stated in this Privacy Policy. To the fullest extent permitted by law, we are not responsible for, and you hereby release us from, any and all liability which may arise from, such third parties’ unauthorized collection of your personal information.
We may disclose your personal information to our affiliates or other related third parties for their use in marketing to you. Pursuant to California’s “Shine the Light Act,” California residents are permitted to request information about the manner in which we share certain categories of information with third parties for their marketing use. Please send an email to ShineTheLight@kirbycorp.com to request a copy of our disclosure pursuant to California law.
We will provide the required information to your email address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.
Nevada Residents
Nevada law gives Nevada consumers the right to request that a company not sell their personal information for monetary consideration to certain other parties. This right applies even if their personal information is not currently being sold. If you are a Nevada consumer and wish to exercise this right, please state “Your Nevada Privacy Rights” in the email or letter subject line, and clearly state the following in the body:
- the nature of your request;
- that the request is related to “Your Nevada Privacy Rights;”
- your name, street address, city, state, zip code and email address; and
- whether you prefer to receive a response to your request by mail or email.
17. Visiting the Website from Outside the United States of America
If you are accessing the Site from outside of the United States of America or otherwise contacting or visiting us from outside of the United States of America, please be aware that your Personal Data may be transferred to, stored or processed in the United States of America, where our servers are located and our database is operated. The data protection and other laws of the United States of America and other countries might not be as comprehensive as those in the country from which you are accessing the Site. By providing your Personal Data, you understand that it may be transferred to our facilities and to those third parties with whom we share it as described in this Privacy Policy.
18. Contact Us
Should you have any further questions or suggestions regarding the protection of your Personal Data processed in connection with the use of the Site or any concerns about this Privacy and Cookie Policy, please contact us at KDSLegal@KirbyCorp.com with a subject line of “Privacy”.
19. Changes to Our Privacy Policy
This Privacy Policy is effective as of the date set forth at the end of this document. We may regularly review and revise our Privacy Policy as we deem appropriate. We will make changes to the Privacy Policy available on this Site and note that this Privacy Policy has been updated, in which case the updated of this Privacy Policy is effective immediately after it appears on this Site.
This Privacy Policy was last updated on September 22, 2020.
