Effective Date: May 24, 2022
Your privacy is important to us. This Privacy Notice describes the types of information that Herc Entertainment Services and its affiliated companies including, Matthews Equipment Limited o/a Herc Rentals (collectively, “we”, “us”, “our”) collect from and about you when you visit hercentertainmentservices.com or any other of our websites where this Privacy Notice is posted (each a “Site”), visit one of our U.S. or Canadian equipment rental locations (“Rental Locations”), use our mobile applications (each an “App”), or otherwise interact with us or request services from us as described further in this Privacy Notice. The Sites, Rental Locations, Apps, and other offerings are, collectively, the “Services.” This Privacy Notice also explains how Herc Entertainment Services uses and discloses such information, as well as your rights and choices regarding certain uses of personal information that is collected about you.
The Mobile Application Privacy Notice (“App Notice”) also applies to certain App(s), as identified in the App Notice, and supplements this Privacy Notice. To the extent of any inconsistency between this Privacy Notice and the App Notice, the App Notice shall apply with respect to the Apps identified therein.
Note that this Privacy Notice does not apply to information about you collected by third-party services, applications, or websites or advertisements associated with, linked to or otherwise accessible from our Sites. The information collected or received by such third parties is subject to their own privacy policies and practices. See the “Third Party Websites and Services” section below for more information.
USER’S ACKNOWLEDGEMENT OF THIS PRIVACY NOTICE
Information You Provide to Us
We may collect personal information from you when you use our Services, make a reservation (even an abandoned or interrupted reservation), request an estimate of charges, rent our equipment, create an online account with us, provide information to one of our sales coordinators at an equipment rental location, communicate with one of our representatives by phone, email, text message, instant messaging service, join a Herc Entertainment Services membership or loyalty program, sign up for newsletters or our email list, participate in a survey or promotion, request information from us, use “chat” functionality on our Services, apply for a line of credit, apply for a job through the Site, or otherwise contact us. The information we collect from you may be some or all of the following:
- Contact information, including your name, address, email address, telephone, and/or mobile number;
- Driver’s license number, date of birth and jurisdiction of issuance;
- Employer-related information, such as your title and the company’s name, address, and phone number;
- Credit or debit card number, date of expiration and CVV number or security code, or other financial information;
- Information for and results of credit check including date of birth;
- Herc Entertainment Services account number;
- Herc Entertainment Services loyalty program-related information, such as loyalty program number and points earned;
- Information you may provide in connection with an application for a Herc Entertainment Services credit account;
- Information you may provide when applying for a job with Herc Entertainment Services through the Site; and
- Rental charges you incur and other information relating to your transactions.
We may also collect certain health information from you in certain circumstances, such as when you ask us to accommodate a disability (e.g., by provision of hand controls), or if there is an accident and we need to work with insurance and claims management companies relating to any injury you may incur (“Health Data”).
You have choices about providing certain information. When you are asked to provide information, you may decline to do so; but if you choose not to provide information that is necessary to provide any aspect of our Services, you may not be able to use those Services.
Finally, we collect data that is not identifiable to you or otherwise associated with you, such as aggregated data. To the extent this data is stored or associated with personal information, it will be treated as personal information; otherwise, the data is not subject to this Privacy Notice.
Information Collected from Third Parties or Other Sources
Depending on the Services used and your interactions with us, we may obtain personal or other information about you from third parties or other sources and combine this information with the information we collect from and about you through the Services. Such information may include:
- Information collected through one of our Apps;
- Information obtained through reservations that you make through a third-party, such as through our network of independent companies licensed to operate equipment rental businesses using “Herc Entertainment Services”;
- Information obtained through transactions you complete with us or our licensees, including options you take, charges you incur, and any incidents or accidents that may occur;
- Information about your credit history;
- Publicly available information about you from consumer reporting agencies; and
- Any other information obtained through companies that have business relationships with us, such as our licensees, affiliates, and business partners.
We may also obtain information about you from other sources, including publicly available information, when you interact or connect with Herc Entertainment Services through its official corporate pages on third-party social networks (such as Facebook) or the “apps” on those pages. This information may include, but may not be limited to, name, username, demographic information, updated address or contact information, interests, and publicly observed data, such as from social media posts and interactions and online activity. We may combine this information with the information we collect from and about you through the Services.
Information Collected Automatically
We obtain personal or other information about you and your use of the Services and our products automatically through logging and analytics tools (including those provided by third-parties such as Google Analytics), as well as technologies that we use to monitor the use and location of our rental equipment. Such information includes, but is not limited to:
- Information about the device and network you use to access the Site and/or App, including browser type, device type, operating system, software version, Internet Protocol (“IP”) address, geolocation, phone model, phone operating system, unique device ID information, regional and language settings, and network provider and the domain name from which you accessed the Services.
- Information about how you use the Site and/or App (including the date and time you visit the Site or App, the areas or pages of the Site or App that you visit, the amount of time you spend viewing or using the Site or App, the number of times you return to the Site or App, other click-stream or site usage data, emails that you open, forward or click-through to our Site or App, and other sites that you may visit) and performance data of the Site and/or App;
- If you permit the Site and/or App to access information about your location (including global positioning system (GPS) or general location information derived from the network you use to access the Services), we collect the precise or general location of any computer, mobile device, or other electronic device used to access the Site or App;
- Information regarding the vehicle or equipment rented and its operation during your rental, such as the geolocation of such vehicle or equipment, or fuel status; and
- Information, including geolocation information, collected through our in-equipment technology or through any other Telematics device placed in rental equipment.
- Certain information automatically collected. This information and other information collected by us may be used for internal research purposes.
- Information collected may include the URL address/app visited immediately prior to or following access to our Services, Site or App.
Cookies and Tracking Technologies
We also use third-party cookies and other technologies to personalize and enhance certain Services, to support our Services, provide services on our behalf, facilitate business transactions on our behalf, or provide relevant advertising to you. Some of these third parties use technologies including cookies, web beacons, pixel tags, log files, or Flash cookies on our Site or Apps, which may send them some of the above-referenced information.
Do Not Track Disclosures
Combination of Information
We may combine the information we receive from and about you, including information you provide to us, information we automatically collect through our Site and App, as well as information collected from other online sources and/or from third-party sources to help us tailor our communications to you and to improve our Services.
Herc Entertainment Services may use the information we collect from and about you for any of the following purposes:
- To validate, confirm, verify, and track your reservation or rental (including to process payment card transactions, or to contact you about your reservation or rental);
- To enhance your online reservation experience, including as a way to recognize you and welcome you to the Site or App, and make the reservation process faster and smoother;
- To provide price quotes based on location equipment will be used;
- To communicate with you about your membership or status in one of our loyalty programs;
- To track the use and location of our equipment, including, where applicable, creating geofences and location restrictions for such equipment.
- To develop new products or services and to conduct analysis to enhance current products and services;
- To review the usage and operations of our Site or App, and improve our content, products, and services;
- To recognize your online activities over time and across different websites and devices;
- To provide you with customized Site or App content, targeted offers, and advertising on the Site, App (including geo-targeted advertising) or via mail, email, telephone, text message, in each case with your consent to the extent such consent is required by applicable law;
- To contact you with information, newsletters and promotional materials from Herc Entertainment Services or on behalf of our business partners, licensees, and affiliates;
- To contact you when necessary;
- To use your data in an aggregated format for analytical and demographic purposes;
- To address problems with the Services, or our business;
- To comply with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies;
- In endeavoring to protect our and our partners’ rights, property, or safety, and the rights, property, and safety of our users and other third parties; and
- In endeavoring to protect the security or integrity of the Site, App, and our business, such as by protecting against and preventing fraud, unauthorized transactions, claims and other liabilities, and managing risk exposure, including by identifying potential hackers and other unauthorized users;
- As otherwise described to you at the point of data collection; and
- For other purposes, as permitted or required by law.
Text messaging opt-in will not be shared with any third party for marketing purposes
Additionally, if you use the Site or App to connect with third-party services, you authorize us to use information from and about you, on your behalf, to interact with these third-party services based on your requests.
Herc Entertainment Services may disclose the personal information we collect from and about you in the following ways:
- With our affiliated companies and licensees bearing the Herc Entertainment Services brand, including subsidiaries of such companies;
- With our third-party service providers that provide business, professional or technical support functions for us;
- With our agents, licensees, and other companies that assist us in providing a reservation or rental-related services to you, including, but not limited to, making your rental reservations; providing you with customer assistance; processing and/or confirming your transactions; providing you with the services you requested; assessing creditworthiness; billing and collecting any amounts owed in connection with the rental and membership(s); or recovering our equipment or any monies due, such as through debt collection agencies;
- With our select licensees, affiliates, and business partners that we believe may have offers of interest to you, including for their own marketing purposes (provided, however, that we will not disclose any Health Data to third parties for any marketing purposes);
- To process, handle or otherwise respond to claims for damages, including claims or demands for bodily injury or property damage;
- To respond to judicial process or provide information to law enforcement or regulatory agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law; and
- As otherwise described to you at the point of collection.
- Text messaging opt-in will not be shared with any third party for marketing purposes.
Herc Entertainment Services may also share aggregate or anonymous information with third parties for their marketing or analytics uses.
Also, Herc Entertainment Services may sell or purchase assets during the normal course of our business. If another entity acquires us or any of our assets, information we have collected about you may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use personal information provided through the Services in a manner that is consistent with this Privacy Notice.
YOUR OPTIONS AND ACCESS TO PERSONAL INFORMATION ABOUT YOU
Depending on the laws that apply to you, you may have a variety of legal rights regarding the collection and processing of personal information. You may exercise these rights, to the extent they apply to you, by contacting us as provided at the end of this Privacy Notice, and by following instructions provided in this Privacy Notice or in communications sent to you. Please be prepared to provide reasonable information to identify yourself and authenticate your requests. Note, however, that we may request certain reasonable additional information (that may include personal information) to help us authenticate your requests and/or to clarify or understand the scope of such requests.
We provide our customers with the opportunity to opt-out of having their information used for purposes not directly related to placement, processing, or fulfillment of a reservation or equipment rental.
To “opt out” of receiving future e-mail marketing messages from Herc Entertainment Services, you can click on the “unsubscribe” link at the bottom of an e-mail marketing message or update your information on the Account Profile page on the Site. Please allow up to 10 business days for your request to take effect. Note that if you do business with us, you may not, subject to applicable law, opt out of certain automated notifications, such as order confirmations, based on business transactions (e.g., rentals, billing notices).
To access, review, or update information stored by Herc Entertainment Services in your account, you may visit the Herc Entertainment Services Account Profile page on the Site, where you can view, update, or change personal information about you and update your member profile, password, and associated information.
If you want to limit or prevent our ability to receive location information from your device, you can deny or remove the permission for certain services to access location information or deactivate location services on your device. Please refer to your device manufacturer or operating system instructions for instructions on how to do this. Please note, however, that we may still collect telematics and/or geolocation information for rental equipment that contains such functionality.
If you have any additional questions concerning access to or updating personal information, please contact us at the information provided in the “Contact Us” section below.
PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
COLLECTION OF PERSONAL INFORMATION
- INFORMATION COLLECTION – Categories of personal information collected and how the information was collected.
- INFORMATION USE – Herc Entertainment Services business purposes for collecting personal information.
- INFORMATION SHARING – Third parties with whom Herc Entertainment Services disclosed personal information.
CCPA RIGHTS AND HOW TO EXERCISE THEM
If you are a California resident, you have certain rights, pursuant to the CCPA. These CCPA rights may only apply in certain circumstances and are subject to certain exemptions. Please see the information below for a summary of your rights, how to exercise your rights and the information Herc Entertainment Services requires in order to respond to your requests. Herc Entertainment Services may require certain information to verify the request in accordance with applicable law.
- Right to Know. You have the right to request that Herc Entertainment Services disclose the categories of personal information Herc Entertainment Services collected used, or disclosed about you; the purposes for which Herc Entertainment Services collected, or disclosed that information; and the categories of third parties to whom Herc Entertainment Services disclosed such information about you in the last 12 months. To exercise your right to know, please submit your request by e-mail at email@example.com. You will be required to provide certain information which Herc Entertainment Services will use to verify your identify and your request.
- Right to Access. You have the right to request access to the personal information specific to you individually, that Herc Entertainment Services collected, used, or disclosed about you in the last 12 months. To exercise your right to access, please submit your request by e-mail at firstname.lastname@example.org. You will be required to provide certain information which Herc Entertainment Services will use to verify your identify and your request.
- Right to Delete. You have the right to request Herc Entertainment Services to delete personal information that Herc Entertainment Services has collected about you. Please note that certain exceptions apply to this right, such as when Herc Entertainment Services must retain your information to comply with law. Herc Entertainment Services will notify you of any such exceptions as applicable to your request. Herc Entertainment Services will also maintain a record of your deletion request. To exercise this right to delete, please submit your request by e-mail at email@example.com. You will be required to provide certain information which we will use to verify your identify and your request.
- Right to Non-Discrimination. You have the right not to receive discriminatory treatment by Herc Entertainment Services for the exercise of any of your CCPA rights. Herc Entertainment Services may offer certain financial incentives, charge reasonable fees related to your requests, or deny your right to know, right to access or right to request deletion in accordance with applicable law.
You can exercise your CCPA rights yourself or you can designate an authorized agent to make a request on your behalf. Your authorized agent must be able to demonstrate authority to act on your behalf when submitting a request. If you would like an authorized agent to submit a request on your behalf, please contact Herc Entertainment Services by email at firstname.lastname@example.org for instructions and details on proof and information required for use of an authorized agent.
YOUR CANADIAN PRIVACY RIGHTS
Residents of Canada are permitted to request and obtain from us information respecting the existence, use, and disclosure of their personal information as well as access to that information (subject to certain exceptions pursuant to applicable laws). Without limiting the above, residents of Canada will, upon request:
- Be informed of whether we hold personal information about you;
- Be provided with an account of third parties to which we have disclosed personal information about you;
- Be able to challenge the accuracy and completeness of personal information about you and have it amended as appropriate; and
- Be provided with information about our policies and practices with respect to the management of personal information, including: the name or title, and address, of the person who is accountable for our privacy policies and practices; the means of gaining access to personal information; a description of the type of personal information held by us, including a general account of its use; a copy of any brochures or other information that explain our policies, standards, or codes; and what personal information is made available to related organizations.
THIRD-PARTY WEBSITES AND SERVICES
Protecting children’s privacy is important to us. We do not direct the site or app to, nor do we knowingly, collect any personal information from children under the age of eighteen.
We have taken certain physical, administrative, and technical steps, including encryption, to safeguard the information we collect from and about our customers, users of the Services, and Site and App visitors. While we endeavor to ensure the integrity and security of our network and systems, we cannot guarantee our security measures will be effective or sufficient. In addition, you should be aware that internet data transmission is not always secure, and we cannot warrant that information you transmit utilizing the services is or will be secure.
We retain personal information to the extent we deem necessary to carry out the activities described above, including but not limited to compliance with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, and to the extent we reasonably deem necessary to protect our and our affiliates’ and business partners’ rights, property, or safety, and the rights, property, and safety of our users and other third parties.
Personal information is stored on servers in the United States and is subject to the laws of the United States, where the data protection and other laws may differ from those of other countries. Personal information may be disclosed in response to inquiries or requests from government authorities or to respond to judicial process in the countries in which we operate.
REVISIONS TO THIS PRIVACY NOTICE
Herc Entertainment Services reserves the right, at its sole discretion, to change, modify, add, remove, or otherwise revise portions of this Privacy Notice at any time.
APPLICABILITY OF THIS PRIVACY NOTICE
This Privacy Notice does not apply to information from or about you collected by any third-party services, applications, or advertisements associated with, or websites linked from, the Services. The collection or receipt of your information by such third parties is subject to their own privacy policies, statements, and practices, and under no circumstances are we responsible or liable for any third party’s compliance therewith.
We hope this Privacy Notice answers your questions about our collection, use and disclosure of personal information. If you have additional questions about this Privacy Notice or the practices described herein, you may contact us at email@example.com or write to us at the following address:
Herc Entertainment Services
ATTN: Legal Department
5375 W San Fernando Rd
Los Angeles, CA 90039