WEBSITE PRIVACY POLICY

 

Your privacy is important to us. To better protect your privacy, Kirby-Smith Machinery (“Kirby-Smith”, “we”, or “us”) provide this Privacy Policy, which explains our online information practices and the choices you can make about the way in which your information is collected and used on this website (the "Website"). Please see our Terms and Conditions for additional information applicable to your use of our Website. By accessing, visiting, or using any areas of our Website, you expressly consent to the provisions of the Privacy Policy and to our collection, storage, use and disclosure of information obtained from you as described in this Privacy Policy.

The Information We Collect

While on our Website, you may be able to order products, enter promotions, sweepstakes or other contests, participate in a survey, complete a questionnaire or other "information request" form, or otherwise communicate with us, including via email and/or SMS/text messaging. In order to utilize, participate in or otherwise access such products, services or other offerings, you may be required to provide us with your personally identifiable information, which is information that, alone or in combination with other information, allows us to identify you, such as your name, address, phone number, email address, contact preferences, or information relating to a support or service issue.

The types of personal information that Kirby-Smith collects includes:

• Contact information including name, phone number, email, and mailing address.
• Information that you provide to create an account on the Website.  This information includes, but is not limited to, email address, username, passwords, and account numbers.
• Payment information that can include name, billing address, bank account information, and payment card details.
• Information you provided to us as part of any employment application.  This can include information about your past employment, education, background check details, and citizen or immigration status to determine legal work status.
• Personal information you submit on the Website. For example, the information you provide to us when you create or modify your online account, contact us through emails or the Website, respond to surveys, use our forums, and complete any registration.
• Information related to your transactions with us, such as your payment history.

If you provide us with your personally identifiable information, you are giving us permission to use that information for the specific purpose for which it is provided and for any other purpose described in this Privacy Policy, which are described in detail below under "How We Use the Information". Users unwilling to provide personally identifiable information online can choose not to provide such information, and in some (but not all) situations users may be able to work with a sales representative or customer service representative to utilize our services or other site offerings without providing personally identifiable information. IN ADDITION, IF YOU DO PROVIDE US WITH YOUR PERSONALLY IDENTIFIABLE INFORMATION, YOU HAVE THE ABILITY TO PREVENT US FROM SHARING YOUR INFORMATION WITH THIRD PARTIES IF YOU WISH, AS DESCRIBED BELOW UNDER "Your Options Regarding Personally Identifiable Information".

We also may collect, store and use certain non-personally identifiable information we receive when you visit our Website or otherwise communicate with us, including via email and/or SMS/text messaging, and we may aggregate data and information provided by or collected from multiple users (which may include you) in a manner that is not personally identifiable to any individual user. All non-personally identifiable information we collect and all aggregated/compilations of data we create are our exclusive property. Nothing in this Privacy Policy limits our right to use any such non-personally identifiable or aggregated information in any way (including, but not limited to, monitoring user traffic patterns, analyzing and quantifying user preferences, improving the design and content of our Website, and enabling us to personalize your user experience) or prohibits us from sharing non-personally identifiable or aggregated information with third parties.

How We Collect Information

We collect information from visitors and customers in a variety of ways, including but not limited to the following:

• When you set up your account and interact with us regarding your account, any services or products you purchase, or any Kirby-Smith programs or offerings
• When you choose to engage with us online
• When you purchase a product or service
• When you choose to apply to Kirby-Smith for employment.

We also collect information automatically when you use the Website.  This includes device numbers and IP addresses.

How We Use and Share Information

Information about our customers is an important part of our business, and we share personally identifiable information collected on our Website with unaffiliated third parties only as described below. (Please see "Your Options Regarding Personally Identifiable Information" below for information on how to avoid having your personally identifiable information shared by us.)

• Business Providers; Unaffiliated Businesses: At times, we may provide products, services or offerings on our Website in cooperation with an unaffiliated third party. We may share personally identifiable information that you provide in connection with any such products, services or offerings with the unaffiliated third party(ies) involved in your particular product, service or offering. For instance, when you express interest in products, services or other items that we offer (for example, by completing a request for or information regarding such services), we will share your request with the businesses with which we partner to offer you those products, services and other offerings (collectively, "Business Providers"). By electing to participate or otherwise expressing interest in any such product, service or offering conducted in conjunction with any Business Provider, you expressly authorize us to provide your personally identifiable information to those Business Providers. Please be aware that the Business Providers with whom we share your personally identifiable information may retain or use your information whether or not you use their services, and the privacy and information sharing practices of such Business Providers may differ from those described in this Privacy Policy. Additionally, we may share personally identifiable information with unaffiliated third parties to whom you expressly ask us to send your information. If you prefer not to be contacted by any such Business Provider or other third party with whom we share your personally identifiable information, you may follow the "unsubscribe" instructions provided in any email you receive from any such third party. In addition, you may opt out of our sharing your personally identifiable information with Business Providers and other third parties by following the instructions described below under "Your Options Regarding Personally Identifiable Information".
• Third Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples may include fulfilling orders, sending postal mail and e-mail, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), and providing customer service. In connection with their performance of these functions on our behalf, we may share personally identifiable information with such companies and individuals as needed for them to perform their functions.
• Third Party Promotions: We may send offers to selected groups of customers on behalf of unaffiliated businesses that want to market their products or services to you, and as part of these promotional offers we may sell or disclose certain of your personally identifiable information to such unaffiliated businesses. If you prefer not to be contacted by any such business with whom we share your personally identifiable information, you may follow the "unsubscribe" instructions provided in any email you receive from any such third party. In addition, you may opt out of our sharing your personally identifiable information with such businesses by following the instructions described below under "Your Options Regarding Personally Identifiable Information".
• In-House Promotions: We may on occasion combine information we receive online with outside records to enhance our ability to market our products and services that may be of interest to you. If you have signed up to receive our e-mails or SMS/text messages and prefer not to receive marketing information from us, please follow the "unsubscribe" instructions provided on any marketing e-mail you receive from us or by following the instructions described below under "Unsubscribe Requests".
• Protection of Our Website and Others: We reserve the right to release personally identifiable information to unaffiliated third parties when we believe its release is appropriate to comply with the law, enforce or apply our Website’s Terms and Conditions and other agreements, or protect the rights, property or safety of our company, our users or others. This includes exchanging information with other unaffiliated third parties in connection with fraud protection and credit risk reduction.
• Legal and Regulatory Compliance: We may use your personal information in order to fulfill legal obligations and response to lawful requests.
• With Your Consent: Other than as set out above, you will receive notice and have the opportunity to withhold consent when personally identifiable information about you might be shared with unaffiliated third parties.

SMS/Text Messaging Communications

By providing your mobile number and opting in to receive SMS/text messages from us, you consent to receive text messages related to your inquiries, services, account updates, and other information you request. Message frequency may vary. Message and data rates may apply.  Mobile messages are subject to Kirby-Smith’s Terms and Conditions available here.

 

• Use of SMS Opt‑In Data: We will not sell, rent, or share your mobile number or SMS opt‑in information with third parties or affiliates for marketing or promotional purposes. SMS opt‑in data and consent will not be shared with any third parties except as required to deliver the specific messaging services you have requested.
• SMS opt‑in data and consent will not be shared with any third parties for marketing purposes. SMS opt‑in data and consent will not be shared with any third parties except as required to deliver the specific messaging services you have requested.
• Third Parties Involved in Delivering Messages: We may share your mobile number and SMS consent status with third‑party vendors who assist in providing messaging services, such as platform providers, phone carriers, and other service partners involved in transmitting text messages. These parties are permitted to use your information only to support message delivery.
• Opt‑Out Instructions: You may opt out of receiving SMS/text messages at any time by replying STOP to any message you receive from us. After opting out, you may receive a confirmation message. For assistance, reply HELP or contact us using the information on our “Contacts” page.
• Consent Not Required as a Condition of Purchase: Your consent to receive SMS/text messages is not a condition of purchasing any goods or services.

 

Your Options Regarding Personally Identifiable Information

Except where we believe the release of your personally identifiable information is necessary or appropriate (a) to allow third party service provider functions on our behalf or (b) to comply with law, enforce or apply our Website Terms and Conditions and other agreements, or protect the rights, property or safety of our company, our users or others, you may opt out of our sharing of your personally identifiable information with unaffiliated third parties by sending us an email with "OPT OUT" in the subject line.

Third Party Online Advertising

We use third-party advertising companies to provide advertisements to you when you visit our Website. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to show you advertisements tailored to your interests on this and other websites and other interactive media and/or to keep track of your response to each ad. For more information on this practice, or to opt out of having this information used by these companies, please visit the Network Advertising Initiative here

Use of Cookies

"Cookies" are simple text files stored on your computer for use by a browser. Certain Website features may only be available through the placement of a cookie. We use "cookies" to enhance functionality, analyze usage, support marketing efforts, and ensure security to help us better serve our customers. The use of cookies is a standard practice among Internet Websites; most Internet browsers permit a user to accept, decline or delete cookies. Also, your browser may have settings letting you manage cookies on a site-by-site basis.  With your consent, non-essential third-party cookies (such as those from Google Analytics) may collect personal data like your IP address and browsing behavior, and this information may be shared with those third parties for analytics or marketing purposes. You can manage your cookie preferences through your browser settings or our cookie banner. Third parties may use collected data according to their own privacy policies.

Data Retention

We retain personally identifiable information only as long as necessary to fulfill the purposes for which it was collected, or as required by law, regulation, or contractual obligation. When no longer needed, this information is securely deleted or anonymized.

Collection of Information by Third-Party Sites and Ad Servers

Our Website may contain links to other websites whose information practices may be different than ours. Our Terms and Conditions, Privacy Policy and procedures may or may not be consistent with the policies and procedures of such third party websites, and when you visit such websites our Terms and Conditions and Privacy Policy do not apply to personally identifiable information and other data collected by such third party. You should consult, read and understand the privacy notices of such third parties before choosing to provide personally identifiable information on any such linked websites.

Our Website may also use a third party ad server to present the advertisements that you may see on our Website. These third party ad servers may use cookies, Web beacons, clear .gifs or similar technologies to help present such advertisements, and to help measure and research the advertisements' effectiveness. The use of these technologies by these third party ad servers is subject to their own privacy policies and is not covered by our Privacy Policy.

Our Commitment to Security

We have in place what we believe to be reasonable physical, electronic and managerial procedures to safeguard and help prevent unauthorized access of, maintain data security for and correctly use the personally identifiable information you have provided or that we otherwise collect on our Website. HOWEVER, WHILE SUCH EFFORTS ARE INTENDED TO ENSURE THE CONFIDENTIALITY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION AVAILABLE TO US AS A RESULT OF YOUR USE OF OUR WEBSITE, WE CANNOT AND DO NOT WARRANT OR GUARANTEE THE ABSOLUTE SAFETY AND SECURITY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.

How You Can Access or Correct Information

You may obtain information regarding the personally identifiable information that you provide or we collect about you via our Website to view and correct any factual errors in such information. Access to personally identifiable information that you provide or we collect via our Website may be accessible for a limited period of time after the point of collection. For example, if you created a password-protected account within our Website, you may return to that portion of the Website to review the personally identifiable information you provided. Alternatively, you may request information about or corrections to your personally identifiable information by sending an e-mail or letter to the street or e-mail address for our business headquarters, the contact information for which can be found via the "Contacts" page accessible on our Website homepage.

Other Privacy Rights

Depending on your jurisdiction, you may have the right to:

1. Access the Personal Information we hold about you
2. Request correction, update, or deletion of your Personal Information
3. Restrict or object to the processing of your Personal Information
4. Request a copy of your Personal Information in a portable and readily usable format
5. Withdraw consent at any time (where processing is based on consent)
6. Lodge a complaint with a supervisory authority
7. Opt out of communications or marketing
8. Manage cookie preferences
9. Opt out of the sale of your Personal Information, targeted advertising, and profiling in furtherance of decisions that produce legal or similarly significant effects
10. Not be discriminated against for exercising your privacy rights
11. Appeal a denial of your privacy rights request (see below)
12. Provide explicit consent before we process sensitive personal data, as required by law

To exercise these rights, to the extent applicable, please contact us by email at marketing@kirby-smith.com or by sending a letter to 6715 W. Reno Ave., Oklahoma City, OK 73127 or calling 888-395-6430.

California Residents: Please refer to our California Supplemental Privacy Statement for additional rights under the California Consumer Privacy Act (“CCPA”)

Kirby-Smith's California Privacy Statement

If you are a California resident, you have rights under the California Consumer Privacy Act of 2018 (“CCPA”). To the extent necessary, this California Privacy Statement supplements the information provided about our collection, use, and sharing of personal information collected through the Website in the Privacy Policy and provides information on how to exercise rights granted to California residents under the CCPA.

Data Collection and Use

We may collect your personal information for various purposes, including, but not limited to, the purposes described in the Privacy.  During the past 12 months, we have collected the following types of personal information about California Consumers:

• Identifiers such as IP address and cookies;
• Personal Records that include biographical, demographic, and professional information (e.g. date of birth, age, gender, job title/position, payment information, business tax ids, state id numbers);
• Contact details, such as your name, title, company/organization name, email address, telephone and fax numbers, and physical address;
• Internet activity data (e.g. information about your devices, browsing actions and usage patterns that we obtain using cookies, web beacons and similar technologies; and
• Location data (e.g. data derived from your IP address, country and zip code) and the precise geolocation of your mobile device where we have provided notice and choice

As explained in the Privacy Policy, we may collect information directly from you, or automatically from your device.

Data Sharing

We may share information about you as described in our Privacy Policy. Kirby-Smith does not sell personal information for monetary consideration.

California Privacy Rights

In addition to the rights granted under the Privacy Policy, as a California resident, you have additional privacy rights that you may exercise under the CCPA. You may also exercise these rights via an authorized agent who meets the agency requirements of the CCPA. As required by the CCPA, any request you submit to us is subject to a verification process. To verify your request, you must provide your name, email, and state of residence, along with any other information we may require to verify your identity or your request. We may not fulfill your CCPA request unless you have provided sufficient information for us to appropriately verify you and your request.  You may submit a request by sending an email to marketing@kirby-smith.com or by calling 888-395-6430.

A. The Right to Know and Have Access to Data

You can request specific pieces of Personal Information, or information about the categories of Personal Information that we hold about you by submitting a request by email to marketing@kirby-smith.com or call us at 888-395-6430.

B. Right to Delete

You can request the deletion of the Personal Information that we hold about you.  Please note that even if you make a request to delete your Personal Information, applicable law may permit or require us to retain Personal Information that was collected to complete transactions and services you have requested or that are reasonably anticipated, for security purposes, for legitimate internal business purposes, including maintaining business records, to comply with law, to exercise or defend legal claims, and to cooperate with law enforcement.  If you have requested a service that requires the use of your Personal Information, we may not be able to provide that service if you choose to delete your Personal Information. You may submit a deletion request by submitting a request by email to marketing@kirby-smith.com or call us at 888-395-6430.

C. Right to Correct

You may request that we correct Personal Information that we maintain about you that is inaccurate by submitting a request by email to marketing@kirby-smith.com or call us at 888-395-6430.

D. Right to Opt-Out of Sale or Sharing

We do not sell your personal information.  However, you may opt out of the “sharing” of personal information (as defined under applicable law) by using the cookie banner on the Website to deactivate cookies.

F. Non-Discrimination

As required by the CCPA, if you choose to exercise any of these rights, we will not deny services to you or provide a different quality of services.

Usage Terms

Access to and use of this Website is subject to compliance with this Website's Terms and Conditions.

Unsubscribe Requests

To unsubscribe from email communications from us, please send us an email with "UNSUBSCRIBE" in the subject line.

Special Note for Parents

This Website you are visiting is a general audience website and was not designed for children. We are not responsible for any access or use of this Website by children. (By way of example, this Website is not intended to sell products for purchase by children.) If you are under 18, you may use our Website only with the involvement of a parent or guardian.

Disclaimer

As noted in this Privacy Policy, we take our commitment to protection of your privacy seriously. However, NOTHING IN THIS PRIVACY POLICY IS INTENDED TO CREATE OR PROVIDE ANY RIGHT OF ACTION FOR VIOLATION.

Miscellaneous

Access to and use of this Website is subject to compliance with this Website's Terms and Conditions.

This Privacy Policy is governed by the laws of the state in which our business is located, and you hereby consent to the exclusive jurisdiction and venue of state and federal courts located in that state for all disputes arising out of or relating to this Privacy Policy.

You agree that any and all causes of action arising out of or relating to this Privacy Policy shall be resolved individually, without resort to any form of class action.

If for any reason a court of competent jurisdiction finds any provision of this Privacy Policy, or portion thereof, to be unenforceable, all other terms and conditions shall remain in full force and effect.

We reserve the right to amend, change, modify, add to or delete this Privacy Policy from time to time in any manner and for any reason. Such amendments, changes, modifications, additions or deletions shall be effective immediately upon posting, unless otherwise indicated.

Questions

If you have any questions, please contact us at our business headquarters, the contact information for which can be found via the "Contacts" page accessible on our Website homepage.

 

PRIVACY LAST UPDATED 7/28/26