PRIVACY + TERMS OF USE

Website Privacy Policy

Important Information

Thank you for visiting EVCOPlastics.com. This Privacy Policy tells you how EVCO Plastics (“EVCO”, “we” “our” or “us”) uses Personal Information collected at this Site.

We at EVCO Plastics are committed to protecting your privacy. By using this Site, you are accepting the practices described in this Privacy Policy. We may make changes to this Privacy Policy at our sole discretion at any time and will inform users when doing so. If you do not agree with the data practices provided in the Privacy Policy, you should not use the websites owned by EVCO Plastics. Your continued use of this Website after we make changes to the Privacy Policy is deemed to be acceptance of those changes.

Our Privacy Policy details:

  • The information we collect and why we collect it
  • Your right to access your Personal Information
  • How the information is used
  • The use of cookies and other related technologies

 

Notice

Personal Information
“Personal Information” is personally identifiable information such as your name, address, date of birth, phone number, and email address. In scope of the services provided, the personal data that is generally collected is first name, last name, and business email address. We will not use information stored in our products and services for direct marketing.

Visiting Our Website
You are free to browse our Website without providing Personal Information. We do, however, collect Personal Information when you use one of our submission forms or subscribe to our informational newsletters and products and services updates.

What Personal Information Do We Collect?
When you voluntarily submit information through our submission forms, you are submitting Personal Information. This may include names, email addresses, phone numbers, city, state, country and company information. When submitting Personal Information through our submission form, you expressly consent to the collection, use, and disclosure of your Personal Information in accordance with this Privacy Policy. Other information we collect includes public information that is available on the internet or other information that we obtain from service providers.

If you contact us via email, we will collect your name and email address as well as any other information in the body of the email in order to provide a prompt response.

 

Choice

Cookies & Related Technologies
This Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology is useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal Information cannot be collected via cookies and other tracking technology. However, if you previously provided Personal Information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

Pages of our Website may contain small electronic files known as web beacons (also referred to as clear gif, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or for other related website statistics (for example, recording the popularity of certain Website content and verifying system and server integrity).

Advertising
We also use Google Analytics, which is a web analytics service provided by Google, Inc. (“Google”) to collect information relating to your use of the Site. Google Analytics uses cookies to help us analyze how users are interacting with the Website and provide you the most relevant content. For more information on Google Analytics, please visit Google’s website and their various pages describing Google Analytics, such as www.google.com/analytics/learn/privacy.html.

Distribution of Information
EVCO Plastics reserves the right to disclose your Personal Information under the following conditions: (1) when permitted or required by law; (2) when trying to protect against or prevent actual or potential fraud or unauthorized transactions; or (3) when investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.

We ask that you do not use our Website or services for any means that are deceptive, malicious, or with the intention to abuse or misuse any computer system, organization, or natural person. Use of our Website or services for any of the purposes outlined in this paragraph are strictly prohibited.

Selling of Personal Information
EVCO Plastics will never sell your Personal Information.

Third Parties
To provide our services, we may occasionally use third-party businesses to provide and perform specialized products and services for data processing. When we provide Personal Information to these businesses, they are not permitted to use the Personal Information for any reason outside of the scope for which we contracted them.

 

Security

Commitment to Data Security
Your Personal Information is kept secure. Only authorized employees, agents, and contractors (who have agreed to keep information secure and confidential) have access to this information.

We (and our third-party service providers) use a variety of industry standard security measures to prevent unauthorized access, use, or disclosure of your Personal Information. These security measures consist of but are not limited to data encryption and physical security. No method of transmission or method of electronic storage over the internet is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

 

Access

Opt Out
You may opt-out from any future communications from us by clicking the unsubscribe link in an email. Our data processor, Mailchimp outlines their specific privacy policy here: https://mailchimp.com/legal/privacy/

Changes to Personal Information
Upon request, we will provide you with information about whether we hold any of your Personal Information. Upon verification, if you choose, you may exercise your right to request EVCO Plastics to delete your Personal Information stored in our databases. Note that there may be specific circumstances in which we cannot delete your Personal Information. When we delete your Personal Information, it will be erased from our records. However, the Personal Information may still be archived in our backups in accordance with our retention policies.

If you would like to access your Personal Information and/or correct, amend, or delete the information where it is inaccurate, please contact us at info@evcoplastics.com

 

Data Retention

Retention of Personal Data
EVCO Plastics will retain your Personal Information for the period necessary to fulfill the purpose outlined in this Privacy Policy unless a longer retention period is required by applicable data privacy law.

Accuracy
We take reasonable steps to ensure that your Personal Information is accurate, complete, current and otherwise reliable for its intended use.

Enforcement
If EVCO Plastics obtains knowledge that one of our service providers or employees is in violation of this Privacy Policy, we will take commercially reasonable steps to prevent the unauthorized use or disclosure of your Personal Information. EVCO Plastics takes data privacy seriously. Therefore, we agree to take commercially reasonable measures to ensure the proper handling of your Personal Information by our employees and service providers.

 

More Important Information

EU-U.S. and Swiss Privacy Shield Framework
EVCO Plastics complies with the EU-U.S. Privacy Shield Framework and the Swiss – U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States, respectively.  If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

EVCO Plastics is responsible for processing of the personal data that it receives, under the Privacy Shield framework, and subsequently transfers to a third party acting as an agent on its behalf. EVCO Plastics complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, EVCO Plastics is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, EVCO Plastics may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

In compliance with the Privacy Shield Principles, EVCO Plastics commits to resolve complaints about our collection or use of your personal information.  EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact EVCO Plastics at: info@evcoplastics.com

Under certain conditions, more fully described on the Privacy Shield website (https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint), you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request

California Privacy Rights
California Civil Code Section 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. Requests can be made once a year and are free of charge.

In the body of your request we ask you to include a valid California address and the website or business to which your request pertains. To make such a request, please send an email to info@evcoplastics.com

CANSPAM
EVCO Plastics agrees to act in compliance with the United States CANSPAM Act. In order to comply, we have taken appropriate measures for our commercial electronic messages (including emails). You can learn more about the CANSPAM act by visiting the FTC official website by following this link https://www.ftc.gov/

PIPEDA and Canadian Anti-Spam Legislation (CASL)
We protect and use your information by observing principles and guidelines in the Personal Information Protection and Electronic Documents Act and Canada’s Anti-Spam Legislation. We obtain either express or implied consent, or use other lawful mechanisms, in order to send commercial electronic messages as is defined by CASL. If EVCO Plastics seeks to use your Personal Information for a new purpose, we will contact you to obtain the appropriate consent. If you choose to “opt-out” of receiving our emails, you will be unsubscribed upon your request.

Contact Us
If you or a member of your organization have any questions in regard to this Privacy Policy, you may contact EVCO Plastics in the following ways:

  1. By sending us an email at info@evcoplastics.com; or
  2. By mailing us at EVCO Plastics 100 W North Street, Deforest, WI 53532

Cookie Notice

Anytime that you visit a website, the website sends the cookie to your computer and it stores a small text file inside of your web browser. We are able to use these cookies to identify your device as you browse through our website or when you return as a visitor to our site. This helps navigating and interacting with our Site more efficient, easy and meaningful.

EVCO Plastics uses cookies and other tracking technologies such as pixels, gifs and web beacons. These help us identify you and your interests, remember your preferences, and track your use of our Sites. We also use Cookies and Tracking Technologies to control access to certain content on our Sites, protect our Sites, and to process any requests that you make.

You can turn off your web browsers ability to accept cookies. However, if you do that, certain parts of the EVCO Plastics Site or console portal may not work for you.

First and Third Party Cookies.

“First Party Cookies” are cookies that belong to EVCO Plastics and that we place on your device. “Third Party Cookies” are cookies that another party places on your device through our site. EVCO Plastics may contract with a third-party service to help us send e-mails or other information to users who have provided their contact information. To measure the effectiveness of these services, our service providers may place Cookies on the devices of those users.

Web beacons

Web beacons and embedded scripts are other technologies that we use in our websites, as well as in some of our emails and ads.

Web beacons (or “tags”) are bits of programming code included in web pages, emails, and ads that notify EVCO Plastics when those web pages, emails, or ads have been viewed or clicked on.

Opting Out of 

If you would not like to have cookies read or dropped on your devices, you can adjust the setting on your web browser to reject the setting of some or all of the Cookies and to alert you when a cookie has been dropped into your web browser. For further information on how to do so, please refer to your browsers help tool or see www.allaboutcookies.org. Please note that if you use your browser settings to block all Cookies (including strictly necessary Cookies) you may not be able to access or use all or parts or functionalities of our sites. You may also learn more atwww.youronlinechoices.eu.

Contact Us

If you have any questions please contact us at info@evcoplastics.com

Terms and Conditions Agreement

Please read these terms and conditions carefully. They materially affect the parties’ obligations. EVCO Plastics (“Seller”) is bargaining for and will do business only on the terms and conditions on this form.

1. Acceptance and Filling of Orders; Contrary Terms; Entire Agreement. All orders for goods and/or services (“Articles”) are subject to acceptance by Seller at its home office. BUYER’S ORDER IS ACCEPTED ONLY ON THE TERMS AND CONDITIONS CONTAINED HEREIN AND THE PROVISIONS OF ANY PURCHASE ORDER OR OTHER WRITING INCONSISTENT HEREWITH SHALL NOT CONSTITUTE A PART OF THE CONTRACT OF SALE. Seller’s acceptance is conditional on Buyer’s assent to these terms and conditions and if any of these terms and conditions are not acceptable to Buyer, Seller must be notified promptly. This writing is intended by the parties to be the final expression of their agreement and is intended also as a complete and exclusive statement of the terms and conditions thereof and that a contract be formed between the parties. No modification of any term or condition will be valid or binding upon Seller unless approved by Seller in writing by Seller’s duly-authorized personnel. The authority of agents of the Seller is limited to solicitation of orders and collection of debts.

2. Excuse From Performance. Seller is excused from performance if performance is rendered impracticable by any accident; breakdown; sabotage; riot; insurrection; war; delay; interruption in or failure of sources or subcontractors to supply materials and equipment; strike, labor or transportation problem; act of God; other causes and conditions, whether of like or different nature, that affect Seller; and orders, contracts, priorities, directives, requisitions or requests of the federal or state governments, whether or not voluntarily assumed.

3. Taxes and Fees. Unless otherwise specified on the front of this form, prices stated on this form do not include any manufacturers, sales, use or excise taxes, charges or duties. Buyer will pay all such taxes, charges, and duties. Buyer will also pay Seller any collection fees and reasonable attorneys’ fees incurred by Seller in enforcing this agreement or defending against any claim for breach of this agreement.

4. Prices; Stock Articles. Unless specifically held open for a length of time on Seller’s Quotation, all prices are subject to change without notice and any unshipped balances on purchase orders will be invoiced to and paid by Buyer at prices in effect at the time of delivery. Prices are based on the continued production of the quantity specified on Seller’s Quotation, and any change in the production run is subject to re-quote. Seller may impose a 50% tool charge if Buyer removes patterns, molds, tools, or related equipment within one year of order. Shipment in whole or part signifies acceptance by Seller to the extent of shipment only, at the prices stated on Seller’s shipping invoice. Unless otherwise specified, no Articles will be carried in stock by Seller.

5. Payment Terms. Unless otherwise specified on Seller’s Quotation, molding is 1% within 10 days of invoice date, net 30 days, and tooling is net 10 days of invoice date. Seller reserves the right to require payment in advance or C.O.D., or to otherwise modify credit terms. A finance charge of 12% per month, which is an annual percentage rate of 18% per annum, will be charged on past due accounts. All orders are subject to approval of Seller’s Credit Department. Remittance shall be made to Seller at address shown on invoice. Clerical errors in Quotations or invoices are subject to correction.

6. Freight Charges. Freight charges are for Buyer’s account and are payable to carrier on delivery. If Seller elects to prepay freight for Buyer’s convenience, the same together with applicable tax will be added to Buyer’s invoice. Buyer agrees to make all claims for Articles damaged against carrier. Order is accepted subject to any changes in freight rates.

7. Risk of Loss; Shipment. Unless otherwise specified on the front of this form, all shipments are F.O.B. Seller’s plant or shipping point. Shipping dates on any quotation, purchase order, sales acknowledgment, invoice, or material release order are estimates only. Risk of loss will pass to Buyer at the time the Articles are tendered for shipment. Title to the Articles will remain with Seller until payment is received in full by Seller. Seller will use every reasonable effort to meet the estimated shipping date, subject to Buyer’s prompt provision of all necessary, complete and correct plans, specifications, information and data, but Seller shall not be held responsible for failure to meet such estimated date. If Buyer requires special production service for unusual shipments, an additional charge shall be imposed, as agreed upon by the parties. All acknowledgments are based on Buyer accepting over-runs and under-runs not exceeding 10% of the quantity ordered. Limits, unless otherwise specified, will be considered plus or minus .010″.

8. Exclusive Warranty.

(a) Articles Made by Another. If Buyer’s order is for Articles made by another, Buyer acknowledges that Seller is not the manufacturer of the Articles and, therefore, SELLER MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO THE ARTICLES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT INFRINGEMENT. All Articles are warranted only to the extent of the manufacturer’s express warranties to Seller, which Seller will provide at Buyer’s request.

(b) Articles Made by Seller. If Buyer’s order is for Articles made by Seller, Seller makes no warranty to Buyer or to anyone else that the Articles are merchantable or fit for any particular purpose. Seller makes no warranty as to any design, construction or material specifications and such specifications are the sole responsibility of the Buyer. The sole responsibility of Seller shall be that it will manufacture the Articles using the Buyer’s molds, and that the Articles will be free from defects in material and workmanship. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

9. Required Notices; Limitation of Remedies. Seller must be given notice of any rejection of Articles within 14 days of receipt of the Articles with respect to which the claim is being made. If samples are provided by Seller, Buyer must give notice of any rejection of the samples within 14 days of receipt of the samples. Seller’s liability and Buyer’s sole and exclusive remedy under this agreement for any claim against Seller will be limited to repair, replacement or credit, at Seller’s option, with respect to Articles returned to Seller at Buyer’s expense within 30 days after Buyer’s receipt of the Article. All return Articles are subject to inspection by Seller before any repair, replacement or credit will be issued and any Article which has been defaced, altered, or worked upon in any way, will not be subject to repair, replacement, or credit. Molded Articles are not considered to be rejectable because of variation from print specifications, if they are made to and are unchanged from samples provided by Buyer, or if Buyer has not rejected samples provided by Seller within 14 days of receipt of the samples. Buyer warrants that any and all plan and specifications provided to Seller meet all applicable design standards, whether mandatory or voluntary issued by any governmental body, testing laboratory, or industry association.

10. Exclusion of Consequential and Incidental Damages; Exclusion of Tort Remedies.

SELLER WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LABOR COSTS OR LOST PROFITS RESULTING FROM THE USE OF OR INABILITY TO USE THE ARTICLES OR FROM THE ARTICLES BEING INCORPORATED IN OR BECOMING A COMPONENT OF ANY OTHER ARTICLE. This is a commercial sales transaction. The parties want it to be governed by Article 2 of the Uniform Commercial Code and related commercial legal principles. NEITHER PARTY WILL HAVE ANY NEGLIGENCE OR OTHER TORT LIABILITY TO THE OTHER, OR TO ANY THIRD PARTY, ARISING FROM ANY BREACH OF THIS AGREEMENT. It is intended by the parties that the exclusions of consequential and incidental damages and tort remedies are separate and distinct from any limitation of remedies provided hereunder.

11. General Indemnity; Patent Indemnity.

(a) Seller shall not be liable for any loss or incidental or consequential damages, including without limitation lost profits, sustained by Buyer or any user of an Article arising from the production and/or distribution of Articles manufactured by the Seller for the Buyer. Buyer agrees to indemnify, defend and hold the Seller harmless from and against any and all claims, losses or liability (including attorneys’ fees and court costs) for which Seller may be or become liable in any manner arising out of the production and/or distribution of Articles manufactured by the Seller for the Buyer.

(b) Seller shall not be liable for any loss or incidental or consequential damages of any nature whatsoever, including without limitation lost profits, sustained by Buyer or any user of an Article, in the event the Article is claimed to infringe any United States patent, copyright, trademark or other trade designation, trade secret, or other intellectual property right. BUYER WILL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS AGAINST ALL DAMAGES, COSTS OR EXPENSES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS), PAID OR INCURRED BY SELLER IN CONNECTION WITH ANY CLAIM OF INFRINGEMENT OF A PATENT, COPYRIGHT, TRADEMARK OR OTHER TRADE DESIGNATION, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHT WHICH ARISES OUT OF SELLER’S MANUFACTURE OF AN ARTICLE. Seller will also have no responsibility with regard to any settlement, admission or promise made by Buyer without Seller’s prior written consent.

12. Trademarks. Buyer warrants that any trademark Buyer requests Seller to affix to any Article is owned or authorized for use by Buyer.

13. Patterns and Related Equipment; Inserts. Unless otherwise specified on Seller’s Quotation, Buyer will provide patterns or related equipment (which will include but not be limited to machine work, tapping, special gauges, fixtures, molds, or tools) in accordance with the Quotation description or will authorize Seller, at Buyer’s expense, to provide same. If supplied by Buyer, patterns and related equipment must be in such condition to economically produce the quantity and quality of Articles required. Seller is not responsible for variations between blueprints and patterns and related equipment if they are made to and are unchanged from samples provided to or approved of by Buyer. Patterns and related equipment not in use for one year will be considered inactive. Buyer will be notified of such inactive status. If Buyer does not respond and provide a shipping destination within 30 days of such notice, inactive patterns and related equipment will be disposed of by Seller. Seller is not responsible for loss of or damage to patterns or related equipment. All patterns and related equipment owned by Buyer and in Seller’s possession are held by Seller at Buyer’s sole risk and responsibility. Buyer must insure and maintain its patterns, molding tools, and related equipment at all times while in Seller’s possession. Seller will, at Buyer’s request, furnish building specifications and protective details to the insurer. Any inserts must be supplied by Buyer unless otherwise specified on Seller’s Quotation, and must exceed the quantity of Articles ordered by 10% and be delivered to Seller at Buyer’s expense. Inserts are subject to Seller’s approval, and must be accurate, uniform, and without burns. Unless otherwise specified on Seller’s Quotation, the finish of the molded parts includes only such polish as is obtained directly from the dye.

14. Claims, Cancellation, Changes. All claims for error in weight or quantity must be made within 14 days of receipt of the Articles with respect to which the claim is being made. Seller reserves the right to accept or reject any such claim in whole or in part. Cancellation, modification, suspension, or delay in shipment of Buyer’s order will not be accepted on terms that will not fully indemnify and reimburse the Seller against loss. Such indemnity will include recovery of all direct costs incurred, including normal indirect and overhead charges and a normal profit. No change proposed by Buyer in any terms and conditions will be valid or binding upon Seller unless approved in writing by Seller’s duly authorized personnel.

15. Notices. Any notice relating to this agreement must be sent by first class mail and will be presumed to be given when deposited, postage prepaid, in a United States Post Office or authorized depository and addressed to the other party at the address given herein.

16. Setoff. Seller may set off any amount due from Buyer, whether or not under this Agreement, against any amount that may become due to Buyer hereunder.

17. Security Interest. Buyer hereby grants to Seller a security interest in all patterns, tools, molds, and related equipment now or hereinafter in Seller’s possession to secure all debts, obligations and liabilities of Buyer to Seller arising out of credit previously granted, credit contemporaneously granted or credit granted in the future by Seller to Buyer.

18. Assignment. Buyer may not assign any of its rights, duties or obligations under this Agreement without Seller’s prior written consent.

19. Controlling Law. The validity, construction and enforcement of this Agreement will be governed by and interpreted under the local, domestic law of the State of Wisconsin, including its provision of the Uniform Commercial Code.

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