WHAT PERSONALLY IDENTIFIABLE INFORMATION IS COLLECTED FROM ME?
WHAT ARE COOKIES AND HOW ARE THEY USED?
Sizewise may place Internet cookies on your hard drive. Internet cookies are small files that may be placed on your hard disk for record-keeping purposes. Cookies are used to (a) remind us of who you are in order to deliver you better service; (b) estimate our audience size by determining repeat usage of the website to help target advertisements based on user interests and behavior; (c) track your progress and entries in promotions, sweepstakes, and contests; and (d) measure certain traffic patterns for use as a research tool to understand how our users' habits are similar or different from one another. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. By not accepting cookies, some webpages may not display properly or you may not be permitted to access certain information.
Sizewise also collects IP addresses (the Internet address of a computer) to track a user's session while the user remains anonymous. We analyze this data for certain trends in statistics, such as which parts of our site users are visiting and how long they spend there. We do not link your IP addresses to anything personally identifiable to you.
Advertising networks that place ads onto Sizewise’s website may also use their own cookies. The content of such cookies and the use of the information they contain is controlled by the third party advertising network placing them, not by Sizewise.
Sizewise does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, or to have information that we believe might be of interest provided to you, or when we have your permission, or under the following circumstances: We provide the information to trusted partners who work on behalf of or with Sizewise under confidentiality agreements. These companies may use your personal information to help Sizewise communicate with you about offers from Sizewise and our marketing partners. However, these companies do not have any independent right to share this information. Sizewise is committed to protecting the safety and privacy of all our users.
WHO IS COLLECTING MY INFORMATION?
When you are on the Sizewise website and are asked for personal information, you are sharing that information with Sizewise alone, unless specifically stated otherwise. Promotions or contests that run on Sizewise may be sponsored by companies other than Sizewise or may be co-sponsored by Sizewise and another company. Some or all data collected during a promotion or contest may be shared with the sponsor. If data will be shared, you will be notified prior to the time of data collection or transfer. You can decide not to participate in the promotion or contest if you don't want your data to be shared.
WITH WHOM DOES SIZEWISE SHARE MY INFORMATION?
Unless we have your permission or are required by law, we will only share the personal data you provide with other Sizewise agents, contractors, our business partners or entertainment industry professionals registered with Sizewise for the purposes of performing services for Sizewise and our clients. Sizewise may share aggregated data with others. Aggregated data does not include personally identifiable information.
Use of Sizewise Site Content
You may not do any of the following without the express written consent of Company: (a) frame or utilize framing techniques to enclose any portion of the Sizewise Site, including (but not limited to) any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company; (b) use any metatags or any other "hidden text" or code utilizing Company's name or trademarks, whether on your website or in any other manner, or; (c) use any Company URL, logo or other proprietary graphic or trademark as part of a link to the Sizewise Site.
You agree that you will not use any robot, spider, scraper, or other fully or partially automated means to access the Sizewise Site or any portion of Company’s network for any purpose, including (but not limited to) "screen scraping" or "database scraping" or other data aggregation. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Sizewise Site or any activities conducted on the Sizewise Site; or (c) bypass any measures we may use to prevent or restrict access to the non—public portions of the Sizewise Site.
If you are a User, the rights of you and the Company concerning access to and use of any non—public portions of the Sizewise Site are also subject to any terms and conditions that apply to such non—public portions of the Sizewise Site, including (but not limited to) any terms and conditions specific to the Sizewise stat! website.
Reviews, Comments, Communications, and Other Content
You may submit comments and other content on sections of the Sizewise Site that permit such submission so long as the comments or content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property rights of Company or any third party. Further, such content may not contain software viruses, mass mailings, chain letters, or any form of unsolicited commercial e-mail. You may not use a false e-mail address, impersonate any person or entity, or otherwise provide misleading information concerning the origin of the content. You may not post comments or content unless such comments or content are posted in accordance with applicable law.
By submitting comments or other content to the Sizewise Site, you grant Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display such content throughout the world in any media. By submitting this information you also represent and warrant that that the content is accurate; you own or have permission to use the content that you submit; the content complies with applicable law; and, the use of the content will not cause injury to any person or entity.
You understand that others may also submit comments and other content on sections of the Sizewise Site that permit such submission. Company has the right (but not the duty) to monitor and, in its discretion, delete all or part of such comments and other content, but Company assumes no responsibility for such third party comments or content submitted to the Sizewise Site, and you review such comments or content at your own risk.
Products and Services Offered By Company via the Sizewise Site
Company offers certain products and services via the Sizewise Site. When you sign up to obtain a product or service from Company on the Sizewise Site, you accept the specific agreement applicable to that product or service. Without limiting the previous sentence, if you have an existing agreement with Company that governs the purchase of such goods and services, you agree to be bound by the terms and conditions of that contract. Except as provided in such agreement, Company does not warrant that any product descriptions or content appearing on the Sizewise Site (including, but not limited to, any marketing materials or descriptions concerning products) is accurate, current, reliable, complete, or error-free.
Service Provider: Sizewise Rentals, LLC
Designated Agent: General Counsel
Address to Which Notifications Should Be Sent:
Sizewise Rentals, LLC
c/o General Counsel
8601 Monrovia St.
Lenexa, KS 66215
To be effective, the notification of your claim of copyright infringement must be written and must include the following:
- A statement that you are the owner of the exclusive right you claim has been infringed, or a statement that you are authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.
- A statement, under penalty of perjury, that the information in the notification is accurate.
- Your signature. (The signature may be either physical or electronic.)
- The identification of the copyrighted work you claim has been infringed. (If you claim that multiple copyrighted works have been infringed you can submit one notification with a list of the allegedly infringed works.)
- Identification of the material that you claim to be infringing and information reasonably sufficient to permit Company to locate the material.
- Information reasonably sufficient to permit Company to contact you, including your address, telephone number, fax number and, if available, an electronic mail address. You can provide contact information for the owner of the exclusive right that you claim has been infringed if you are not the owner, but rather authorized to act on behalf of the owner.
- A statement you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
The trademarks (i.e., trademarks, trade dress, and service marks) used on our Sizewise Site are either marks applied for or registered by Company in the United States and/or in other countries. Other Company marks, graphics, logos, page headers, button icons, or scripts used on the Sizewise Site are Company's service marks, trademarks and trade dress and are the sole and exclusive property of Company. Company's service marks, trademarks, and trade dress may not be used in any manner other than being displayed on the Sizewise Site when the Sizewise Site is accessed by you, including (but not limited to) any use that is likely to cause confusion, any use that disparages or discredits Company or is made in connection with any service or product that is not offered, sponsored, endorsed or produced by Company. All third party trademarks that appear on this Sizewise Site are the property of the respective owners of such marks, who may or may not be affiliated with, connected to, or sponsored by Company or its subsidiaries.
We urge you not to submit Protected Health Information concerning you or others (“PHI”), as defined in the Health Information Portability and Accountability Act and implementing regulations and rules, as amended (“HIPAA”), to public portions of the Sizewise Site.
Third Party Websites and Information
The Sizewise Site may provide hyperlinks to third party websites or access to third party content. Company does not control, endorse, or guarantee content found in such sites. These links include information developed, published, maintained, or otherwise posted by entities entirely separate from and unrelated to the Company. The Company does not sanction, approve, control, attest to the veracity of, or endorse materials on these external websites. It neither warrants nor assumes responsibility for the truthfulness, privacy practices, completeness, value, or timeliness of content found at these sites. Use of any information obtained from these third party sites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Reference therein to any specific commercial product, process, or service on the Sizewise Site, whether by trade name, trademark, service mark, manufacturer, or otherwise, does not constitute or imply endorsement, recommendation, or a favorable review by Company.
You agree that Company is not responsible for any content, associated links, resources, or services associated with any third party site. You further agree that Company shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only.
ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON OR THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY OF THE FOREGOING RELATED TO ANY PRODUCT OR SERVICE OF THE COMPANY, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT TO THE EXTENT THAT ANY EXPRESS WARRANTY IS GRANTED TO A USER IN ANY CONTRACT BETWEEN YOU AND SIZEWISE CONCERNING A PRODUCT OR SERVICE PROVIDED BY SIZEWISE TO YOU. COMPANY AND ITS VENDORS, AGENTS AND LICENSEES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE SIZEWISE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY COMPANY ON THE SIZEWISE SITE ARE APPROPRIATE FOR YOUR INTENDED APPLICATION AND USE. COMPANY DOES NOT WARRANT THAT THE SIZEWISE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SIZEWISE SITE, MEET YOUR REQUIREMENTS. COMPANY, ITS VENDORS, AGENTS AND LICENSEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF COMPANY AND ITS VENDORS, AGENTS AND LICENSEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IF ANY COURT DETERMINES THAT THE FOREGOING SENTENCE IS NOT ENFORCEABLE, THEN YOU AND COMPANY AGREE THAT COMPANY’S MAXIMUM LIABILITY TO YOU FOR ALL LOSSES, LIABILITY OR DAMAGE FOR OR ARISING OUT OF THE USE OF THE SIZEWISE SITE SHALL NOT EXCEED THE SUM OF ANY FEES THAT YOU HAVE PAID TO COMPANY TO LEASE OR PURCHASE PRODUCTS OR SERVICES VIA THE SIZEWISE SITE DURING THE 90 DAY PERIOD BEFORE SUCH LOSS, LIABILITY OR DAMAGE FIRST AROSE (OR IF YOU HAVE NOT LEASED OR PURCHASED ANY SUCH PRODUCTS, THE SUM OF $1000). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold harmless Company, its employees, attorneys, and agents ("Indemnitees") against any and all claims, expenses, liabilities, losses, costs, and damages, including (but not limited to) reasonable attorney's fees, that the Indemnitees may incur (i) in connection with your use of the Sizewise Site or any hyperlinked website or (ii) resulting from content you supply to the Sizewise Site.
Sizewise Rentals, LLC
c/o General Counsel’s Office
8601 Monrovia St.
Lenexa, KS 66215
The United States Department of Commerce and the European Commission have agreed on a set of data protection principles to enable U.S. companies to satisfy the requirement under European Union law (“EU Directive”) that adequate protection be given to Personal Information transferred from the EEA to the United States (the "U.S.-EU Safe Harbor"). The United States Department of Commerce and the Federal Data Protection and Information Commissioner (“FDPIC”) of Switzerland have agreed on a similar set of principles to satisfy the requirement under Swiss law (“Swiss FADP”) that adequate protection be given to Personal Information transferred from Switzerland to the United States (the “U.S.-Swiss Safe Harbor”). Sizewise adheres to the principles set forth in the U.S.-EU Safe Harbor and the U.S.-Swiss Safe Harbor (collectively, the “Safe Harbor Principles”). To learn more about the Safe Harbor program, and to view Sizewise’s certification, please visit http://export.gov/safeharbor/.
SCOPE AND LIMITATIONS ON ADHERENCE
Sizewise’s adherence to the Safe Harbor Principles may be limited to the extent necessary to meet national security, public interest, law enforcement, regulatory compliance or judicial process requirements; or if the effect of the EU Directive or European Union member state law or Swiss FADP or Swiss law is to allow exceptions or derogations, provided such exceptions or derogations are applied in comparable context; or to the extent otherwise expressly permitted by any applicable law, rule or regulation.
For purposes of this Safe Harbor Policy, the following definitions shall apply:
“Agent” means any third party that collects or uses Personal Information under the instructions of, and solely for, Sizewise or to which Sizewise discloses Personal Information for use on Sizewise's behalf.
“Personal information” means any information or set of information that identifies or could be used by or on behalf of Sizewise to identify an individual. Personal information does not include information that is encoded or anonymized (including any which has been de-identified), or publicly available information that has not been combined with non-public Personal Information.
“Sensitive Personal Information” means Personal Information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, views or activities, that concerns health or sex life, information about social security benefits, or information on criminal or administrative proceedings and sanctions other than in the context of pending proceedings. In addition, Sizewise will treat as Sensitive Personal Information any information received from a third party where that third party treats and identifies the information to Sizewise as Sensitive Personal Information.
Sizewise follows the privacy principles listed below, based on the Safe Harbor Principles:
NOTICE: Where Sizewise collects Personal Information directly from individuals who reside in the EEA, it will inform them about the purposes for which it collects and uses Personal Information about them, the types of non-Agent third parties to which Sizewise discloses that information, the choices and means, if any, Sizewise offers these individuals to limit the use and disclosure of Personal Information about them, and how to contact Sizewise. Notice will be provided in clear and conspicuous language when such individuals are first asked to provide Personal Information to Sizewise (or as soon as practicable thereafter), and in any event before Sizewise uses or discloses the Personal Information for a purpose other than that for which it was originally collected by Sizewise.
Where Sizewise receives Personal Information from its subsidiaries, affiliates or other entities located in the EEA, it will use and disclose such information in accordance with the notices provided by such entities and by the choices made by the individuals to whom such Personal Information relates, to the extent such choices have been communicated to these entities and to Sizewise.
For avoidance of doubt, Sizewise hereby notifies you that Sizewise may ask for and use Personal Information for purposes that include registering a person as a user of the Sizewise stat! Site (the “Site”), or to fulfill orders for Sizewise products placed on the Site.
CHOICE: Sizewise will provide individuals with reasonable mechanisms to exercise the choices listed below, including (but not limited to) by contacting Sizewise via the Contact Information listed in this Safe Harbor Policy.
Sizewise will offer individuals the opportunity to choose whether their Personal Information may (a) be disclosed to a non-Agent third party, or (b) be used for a purpose other than the purpose for which it was originally collected (including as described in this Safe Harbor Policy) or subsequently authorized by the individual.
For Sensitive Personal Information, Sizewise will give individuals the opportunity to affirmatively and explicitly consent to disclosure of Sensitive Personal Information to a non-Agent third party or the use of the Sensitive Personal Information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. This opt-in requirement is subject to exceptions to the Safe Harbor Principles under which no opt-in is required, such as when required to provide medical care or diagnosis, or when the information is related to data that are manifestly made public by the individual.
ONWARD TRANSFERS: Sizewise will obtain assurances from its Agents that they will safeguard Personal Information consistent with the Safe Harbor Principles as described in this paragraph. Prior to disclosing Personal Information to its Agents, Sizewise will either: (a) ensure that the Agent subscribes to the Safe Harbor Principles; (b) assess whether the Agent is subject to the EU Directive or Swiss FADP; (c) determine that the Agent complies with another European Commission or Swiss FDPIC “adequacy” finding or; (d) execute a written agreement with the Agent requiring the Agent to provide at least the same level of privacy protection as the Safe Harbor Principles. Where Sizewise has knowledge that an agent is using or disclosing Personal Information in a manner contrary to this Safe Harbor Policy, Sizewise will take reasonable steps to prevent or stop the use or disclosure.
SECURITY: Sizewise will take reasonable precautions to protect Personal Information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
DATA INTEGRITY: Sizewise will use Personal Information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Sizewise will take reasonable steps to ensure that Personal Information is relevant to its intended use, accurate, complete, and current.
ACCESS: Upon request, Sizewise will grant individuals reasonable access to Personal Information that it holds about them, subject to the exceptions of the Safe Harbor Principles (including, but not limited to, where the burden or expense of providing access would be disproportionate to the risks to the individual's privacy in the case in question). Sizewise may charge a reasonable fee for access to, amendment or deletion of Personal Information. Sizewise will take reasonable steps to permit individuals to correct, amend, or delete Personal Information that is demonstrated to be inaccurate or incomplete from its database. However, please note that it may be impossible to entirely delete an individual’s Personal Information because some residual information may reside on backups or records of deletions. We may require the retention of a minimal amount of contact information from active or former users of the Site in order to maintain service-related communications and/or billing history.
ENFORCEMENT: Sizewise will conduct compliance reviews of its relevant privacy practices to verify adherence to this Safe Harbor Policy. Any employee that Sizewise determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment. Sizewise will comply with legal or regulatory supervisory authorities that provide for handling of individual complaints and dispute resolution, upon their reasonable inquiry.
DISPUTE RESOLUTION: Any questions or concerns regarding the use or disclosure of Personal Information should be directed to Sizewise at the Contact Information given below. Sizewise will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information by reference to the principles contained in this Safe Harbor Policy. For complaints that cannot be resolved between Sizewise and the complainant, Sizewise has elected to use as its independent recourse mechanism the Better Business Bureau (BBB) EU Safe Harbor Program (http://www.bbb.org/us/european-dispute-resolution/) for dispute resolution.
Sizewise Rentals, LLC
c/o General Counsel’s Office
8601 Monrovia St.
Lenexa, KS 66215
CHANGES TO THIS SAFE HARBOR POLICY
This Safe Harbor Policy may be amended from time to time, consistent with the requirements of the Safe Harbor Principles. A notice will be posted on the Sizewise webpage (www.sizewise.com) whenever this Safe Harbor Policy is changed in a material way.
The effective date of this Safe Harbor Policy is 6/17/2013.