Privacy Policy

Last Modified: September 1st, 2023

Introduction

National Underground Group (“National Underground,” “we,” “our,” or “us”) respects your privacy. We are committed to protecting it through our compliance with the practices described in this Privacy Policy (“Privacy Policy”), including our practices for collecting, using, maintaining, protecting, and disclosing the personal data we may collect from you or that you may provide when you interact with us. We try to respect your privacy by limiting the use of data collection technology on our Website, but like most businesses, we do collect and process personal data about individuals for our business purposes. This Privacy Policy applies to our Website, social media sites and handles, emails we send, and the information we collect when you interact with us (collectively, our “Services”).

Please read this Privacy Policy carefully to understand our policies and practices for processing and storing your personal data. By engaging with our Services, you accept and consent to the practices described in this Privacy Policy. This Privacy Policy may change from time to time (see “Changes to Our Privacy Notice”). Your continued engagement with our Website and Services after any such revisions indicates that you accept and consent to them, so please check the Privacy Policy periodically for updates.

Like most businesses, the personal data National Underground collects about an individual depends on that individual’s relationship with our company.  For example, we collect more personal data about our employees than we do about visitors to our Website.  This Privacy Policy describes the information collection practices associated with our Website’s users and our business offerings.  Privacy notices for employees, agents, contactors, and other personnel are not included in this notice.

If you are a California resident, see “Privacy Notice for California Residents” section below for additional privacy disclosures, including information about how to exercise your data access rights.

For purposes of this Privacy Policy, unless otherwise required by applicable law, “personal data” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. This may include, without limitation information which identifies you or which could be used to identify you such as your name and contact details, or your user account information. “Personal data” also may include information about how you use our Services. “Personal data” does not include information that is considered publicly available, aggregated, or deidentified under applicable law.

Table of Contents

• The National Underground Group Website and Links to External Websites
• The Personal Data We May Collect From You
• How We Collect Information About You
• How We Use the Information We Collect
• Marketing
• Information We May Share
• Job Applicants
• Children’s Online Privacy
• Security of Your Personal Data
• Storage and Retention of Your Personal Data
• Information Transfers
• Cookies
• “Do Not Track” Signals
• Global Privacy Control Signals
• Changes to Our Privacy Notice
• Contact Information
• Privacy Notice for California Residents

The National Underground Group Website and Links to External Websites

Our website at <nationalu.com> (“Website”) is intended to provide users with information about our brands, the services and technologies we offer, and our customer base. When you visit our Website, we may collect and log information associated with your use of our Website, including IP addresses, device types, browser types, and similar information. This information is used to help serve our Website to you, analyze how the Website is used, and ensure the safety and security of the Website and its users.

Our Website also links to the websites of Our Brands and other third-party websites and applications that are not branded with National Underground logos. Our Brands’ websites are located at separate URLs. This Privacy Policy does not cover and we are not responsible for third-party websites or Our Brands’ websites. Any external links to other websites are clearly identifiable as such, and we are not responsible for the content or the privacy policies of these other websites. We encourage you to read the privacy policy of every website and mobile application that you visit or use.

The Personal Data We May Collect From You

The categories of personal data we may collect and process (but only to the extent and in a manner consistent with applicable law) are as follows:

• Personal identifiers and personal details. We collect personal identifiers (such as your name, email address, work or home address, telephone number, and other contact details) and relevant personal characteristics.
• Commercial and Preference Information. We may collect your order history, such as what services, technologies, or Brands you have browsed on our Website.
• Internet and Network Activity Information. We may collect your IP address when you visit our Website. We also use tracking tools like cookies and pixels to passively collect information about how you interact with our Services and online content. This might include device identifiers, the type of browser and operating system you are using, your browsing and search history on our Services, what areas of our Services you visit and for how long, what products or content you view and click on, what site you came from to get to us and what site you go to when you leave us, and your interactions with our digital ads and content on other sites. We may collect and record page interaction information and other electronic communications and content from your use of the Services, including content entry, mouse movements, screen captures, the search terms and other data you enter, and methods used to navigate away from the page. We may also embed technologies (which may include, for example, web beacons, tags, and pixels) in the emails and other communications we or our vendors send to you to help us understand how you interact with those messages, such as whether and when you opened a message or clicked on any content within the message. We may engage or otherwise allow other parties to also collect information on our Services in these ways.
• Geolocation information. We may automatically collect information about your geolocation when you access the mobile version of our website, including by using GPS and WiFi technology. We also collect information about your general location using your IP address and your zip code.
• Employment-Related Information. If you apply for a job, we may collect information about your work experience and previous employment, your education history, your resume, the URL to your personal or professional websites, your workplace skill sets and certifications, whether you need a visa to work in the United States, and salary expectations. If you apply for a job, you can choose to also voluntarily provide any of the following information: ethnicity, gender, disability status, and/or veteran status.
• Audio and visual information. We may monitor and collect activity and communications made using National Underground communications and computing devices and systems (such as our phone devices and email systems). For example, we may record audio during customer service calls for quality assurance purposes.
• We may draw inferences from any of the above categories in connection with the purposes stated as to such categories.

How We Collect Information About You

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us information about you by filling in forms or by corresponding with us by phone, e-mail or otherwise.
• Services or technologies your request. Where you request a good or service from us, we will collect your personal data to process your request and otherwise contact you following a purchase. We may ask you to provide personal identifiers, such as your e-mail address, name, work address, or telephone number.
• Interaction with our Website and Services. As you interact with our Website, we may automatically collect technical data about your equipment and how you interact with the Website. We collect this information via server logs. To offer you a consistent and personalized experience in your interactions with us, information collected through one service we provide may be combined with information obtained through other services.
• Careers. We also process your personal data if you apply to work at National Underground via our careers pages at located here. The type of information we may process about you may include contact details, personal details, education and training details (including qualification, attendance at educational establishments and training received), professional and employment details (including details of previous employment roles), background check and public records information, job preference information, and any other information you submit in connection with your application. If you are a California resident, please also see the “National Underground Group & Affiliated Companies Privacy Notice for California Consumers & Employees”, which is posted on our careers pages and can also be found here.
• Third parties or publicly available sources. We may receive information about you from third parties including, for example, business partners, our Brands, our various service providers, and business partners.

How We Use the Information We Collect

We process your personal data to enable us to perform the contract entered into between you and us, to ensure compliance with local legal and regulatory requirements and for the purposes of our legitimate business interests, including the following:

• Operate and improve our Website and Services;
• Respond to your comments, questions, and requests;
• Monitor and evaluate usage and activities in connection with our Website and Services;
• Secure our systems and prevent fraud;
• Prevent, detect, and investigate potentially prohibited or illegal activities and to enforce our terms and policies;
• Perform research and analysis aimed at improving our products, services and technologies;
• Display content and advertising that are customized to your interests and preferences;
• Communicate with you to provide you information about other products and services we offer that are similar to those that you have already purchased or inquired about as we feel may interest you;
• When you receive newsletters or promotional e-mails from us, determine whether the e-mail has been opened and which links you click in order to provide you more focused e-mail communications or other information; and
• Enable us to process and consider your application to join National Underground.

We reserve the right at all times to review your content and information to help resolve problems with our Website, or to ensure that you remain in compliance with our Terms of Service and other policies.

Marketing

We may contact you to provide you with information about products and services similar to those which were the subject of a previous sale or negotiations of a sale to you. You may be contacted by us, our affiliated companies, or by one of our selected third parties.

To make a privacy request to National Underground, click here.

We will continue to contact you for transactional or other non-marketing related purposes, such as emails confirming your transactions with us, and notices regarding changes to our Terms & Conditions and Privacy Policy. We also may keep information relating to your email preferences for our records, such as to ensure we honor your requests not to receive promotional email messages.

Information We May Share

We may share non-personal data without restriction. We may share your personal data with third parties as follows:

• Service Providers: We use other companies, agents, or contractors to perform services on our behalf or to assist us with the provision of the Website and Services to you. For example, we engage service providers to provide communications, security, infrastructure and IT services including cloud storage providers and email service providers. While providing such services, these service providers may have access to your personal data.  These service providers have contractually agreed to maintain the confidentiality, security, and integrity of the personal data that they obtain from us and we do not authorize them to use or disclose your personal data except in connection with providing their services.
• Protection of National Underground and others: National Underground and its service providers may disclose and otherwise use your personal data where we or they reasonably believe such disclosure is needed to (i) satisfy and applicable law, regulation, legal process, or governmental request; (ii) enforce applicable terms of use, including investigation of potential violations; (iii) detect, prevent, or otherwise address illegal or suspected illegal activity, security, or technical issues; or (d) protect against harm to the rights, property, safety of National Underground, our users, or the public, as required or permitted by law.
• Business transfers: In connection with any reorganization, restructuring, merger, or sale, or other transfer of assets, we will transfer information, including personal data. We cannot promise that an acquiring party or the merged entity will have the same privacy practices or treat your information the same as described in this Privacy Policy, but we will make reasonable efforts to ensure that the receiving party agrees to respect your privacy in a manner that is consistent with our Privacy Policy.
• Our Brands: We may share some personal data with our Brands when you ask us to do so or it is necessary to facilitate a business opportunity or interest.
• With Your Consent: We may share your personal data when we have your consent, which you may give via opt-in and opt-out mechanisms, consenting to our Terms of Service, or in other conspicuous ways.

Job Applicants

When you click on our “Careers” page, you will be redirected to a website operated by ADP.  We contract with ADP to help facilitate are employee application process. You can learn more about how ADP collects and processes personal data by viewing its privacy policy.  ADP will send us information about applicants who apply for positions using the ADP website. We will collect and process that information in order to evaluate applicants and communicate with them, as necessary. You can learn more about our employment application policies and practices on the ADP site.

Children’s Online Privacy

We do not direct our Website or Services to minors and we do not knowingly collect personal data from children under the age of 16 or as defined by local legal requirements. If we learn we have mistakenly or unintentionally collected or received personal data from a child without appropriate consent, we will delete it. If you believe we mistakenly or unintentionally collected any information from or about a child, please contact us at WebsitePrivacy@nationalu.com

Security of Your Personal Data

National Underground is committed to protecting the security of your personal data. We take reasonable steps (including appropriate technical and organizational measures) in an effort to ensure your personal data is processed securely to protect the confidentiality, integrity and availability of your personal data in accordance with this Privacy Policy. The nature of the internet is such that we cannot guarantee or warrant the security of any information you transmit to us via the internet and any transmission is at your own risk.

Storage and Retention of Your Personal Data

Personal data collected through our Website and Services will be stored on servers located in the U.S. It may also be processed by our affiliates, including in the U.S., or by one of our service providers. This includes individuals engaged in, among other things, the fulfilment of your order, administration of an inquiry or request you make via our Website, or the provision of support services.

National Underground will store your personal data for as long as we have to by law, and where there is no legal requirement, we will only store your personal data for as long as necessary to fulfill the purpose for which the personal data was collected.

Cookies

Our Website uses cookies and similar technologies (together referred to as “cookies“, unless otherwise stated) to provide you with an efficient experience in using our Website.

A cookie is a small data file that is placed on your computer or mobile device by your web browser. Cookies are not used to run programs or deliver viruses to your computer. One of the primary purposes of cookies is to store your preferences and other information on your computer in order to save you time by eliminating the need to repeatedly enter the same information and to display your personalized content and appropriate advertising on your later visits to these sites.

We use cookies for a variety of purposes and to enhance your online experience, for example, to identify your device, distinguish you from other visitors, record your IP address and understand your use of our Website to determine the usefulness of our Website information and to see how effective our navigational structure is in helping you reach that information. We also use cookies to identify the name of the website from which you linked to the Website of our brands. We do not otherwise track any information about your use of other websites.

Note that you may encounter cookies from our third-party providers that we have allowed on our Website that assist us with various aspects of our site operations and services. In addition to cookies, similar or related technologies are used on the Website. For example, electronic images known as web beacons – sometimes called single-pixel gifs – may be used to assist in delivering cookies on our Website and allow us to count users who have visited those pages and to deliver co-branded services. We may include web beacons in promotional e-mail messages or our newsletters in order to determine whether messages have been opened and acted upon. National Underground may also employ web beacons from third parties in order to help us compile aggregated statistics regarding the effectiveness of our promotional campaigns or other operations of our Website. We prohibit web beacons on our Website from being used by third parties to collect or access your personal information.

Types of cookies used on our Website

We use various types of cookies, including session and persistent cookies and similar technologies, local shared objects, pixels, and gifs, and we permit some third-party cookies. Persistent cookies remain on your computer until you delete them, while session cookies are based on your browsing session and are deleted once you close your browser. First party cookies are used and controlled by us to provide services on our Websites, while third-party cookies are placed by our service providers and/or trusted third parties.

Our use of cookies falls into four categories:

1. Strictly necessary cookies: these are essential in order to enable you to move around the Website and use its features. Without these cookies, the services you have asked for cannot be provided.
2. Performance cookies: also known as “analytical” cookies. These cookies allow us to recognize and count the number of visitors and to see how visitors move around and use the Website. For example, they allow us to understand which pages are visited most often, and if visitors get error messages from web pages. All information collected by these cookies is aggregated and therefore anonymous.
3. Functionality cookies: these cookies are necessary for the Website to operate and allow us to remember what choices you make and provide enhanced, more personal features. The information these cookies collect is typically anonymized and is not used to track your browsing activity on other websites.
4. Advertising and marketing cookies: these cookies are used to send you advertising and marketing-related material tailored to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaigns. They are usually placed by advertising networks with the website operator’s permission. The third parties that provide these cookies may collect and combine information about your online activities over time, on other devices, and on other websites or online services, if those websites and online services also use the same advertising partners. Thus, although we do not track your website usage activity across non-affiliated websites over time, some third-party cookie providers may do so when you use the Websites.

We may change our use of cookies over time, but our use of cookies will generally fall into the above categories. More detailed information on how we use cookies and other web technologies can be found here.

Opting out of cookies

You have the ability to accept or decline most cookies. You can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, however you may not be able to sign in or use interactive or other features of our Website and related services that depend on cookies. Note that, if you accept cookies, you have the ability to later delete cookies that you have accepted. If you choose to delete cookies, any settings and preferences controlled by those cookies will be deleted and may need to be recreated. If your browser settings are set up as ‘Do Not Track’, the use of cookies and tracking technologies will not apply to you.

For more information on cookies and how they can be managed and deleted please visit http://www.allaboutcookies.org/, http://www.networkadvertising.org/choices/, or http://www.aboutads.info/choices/.

“Do Not Track” Signals

This website does not support, nor respond to, “do not track” or similar technical requests.

Global Privacy Control Signals

We receive and process Global Privacy Control Signals (“GPC Signal”) for requests to opt-out of sale or sharing.  We process the commonly used and industry standard GPC Signals but because this is new technology and new providers may offer solutions, we will do our best to recognize, process, and honor a GPC Signal that meets the legal standards and is widely adopted in the industry.

Changes to Our Privacy Notice

We will post any changes we may make to our Privacy Policy on this page and indicate on the Website home page that we updated this Privacy Policy. If the changes materially alter how we use or treat your personal data, we may notify you by email to the primary email address specified in your account. Any changes will be effective when posted unless another date is referenced in the notice. We recommend you check the Privacy Policy on a regular basis so that you know the current terms and conditions that apply to you. If you use our Website after any changes are effective, you are agreeing to comply with and be bound by them.

Contact Information

Please address questions, comments, and requests regarding this Privacy Policy and our privacy practices by any of the following ways:

Email: WebsitePrivacy@nationalu.com

Postal Address: 47 Discovery, Suite 250, Irvine, CA 92618

Phone: 949-380-4161

Privacy Notice for California Residents

Effective Date: September 1st, 2023

Last Reviewed on: September 1st, 2023

This Privacy Notice for California Residents (“CA Privacy Notice”) supplements the information contained in the National Underground’s general Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”), as amended, and any terms defined in the CCPA have the same meaning when used in this CA Privacy Notice.

Information We Collect

National Underground collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). Personal information does not include publicly available information, information that is deidentified or aggregate consumer information, or information excluded from the CCPA’s scope.

National Underground has collected the following categories of personal information from its consumers within the last twelve (12) months:

Purposes for Collecting Personal Information

In addition may use or disclose the personal information we collect for one or more of the following business purposes:

• To fulfill or meet the reason you provided the information, or at your direction.
• To provide, support, personalize, and develop our Website, products, and services.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of National Underground’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by National Underground about our consumers is among the assets transferred.

Disclosure of Personal Information to Service Providers

We disclose personal information to certain third parties to enable them to fulfill the business purposes described in the “Purposes for Collecting Personal Information” section above. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, prohibit using the disclosed information for any purpose except performing the contract, and otherwise in accordance with applicable laws. In the preceding twelve (12) months, we have disclosed personal information for a business purpose to the categories of third parties indicated in the chart below.

Sale and Sharing of Personal Information to Third Parties

National Underground does not sell and has not sold your personal information or transferred personal information to third parties to use for their own benefit in the preceding twelve (12) months. National Underground also does not share your personal information for targeted or cross-context behavioral advertising. Relatedly, we do not sell or share personal information of California residents under 16 years of age.

For purposes of this CA Privacy Notice, “sell” means the sale or transfer of your personal information to a third party for monetary or other valuable consideration, subject to certain exceptions in applicable law.  For purposes of this CA Privacy Notice, “share” means transferring, making available or otherwise disclosing your personal information to another party for purposes of sending advertising to you based on your personal information obtained from your activities across distinctly-branded sites. “Share” and “sharing” as used in this section, does not include transfers of personal information described in this CA Privacy Notice as part of a corporate business transaction, such as a merger, acquisition, or joint venture, or in the event of insolvency, bankruptcy, or receivership. Should such an event occur, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with this CA Privacy Notice.

Please see the section on “Cookies” above for information about the collection and use of personal information by third parties who process information collected by cookies and similar technologies that we permit them to use on the Website.

Your Rights and Choices

The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

• Right to Know and to Access: Subject to certain exceptions, and legal obligations, you have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months, including whether we sell or share such information. You also have the right to request access to personal information collected about you and information regarding the following:
  • The categories of personal information we collected about you;
  • The categories of sources of that information;
  • The business or commercial purposes for which we collect, sell or share personal information about you;
  • The categories of personal information about you that we have disclosed about you and the categories of persons or vendors to whom it was disclosed for a business purpose; and
  • The specific pieces of personal information we have collected about you.

This information is disclosed above in the above sections of this CA Privacy Notice. You may also submit a request for this information as described below in the “How to Submit a Request” section. To protect your personal information, we may request additional information to verify your identity before we act on your request. To the extent legally required, we will provide a copy of the personal information we have collected about you, in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance.  We may provide this data to you via email to the email address you have provided with your request.

• Right to Correction. You have the right to request that we correct any inaccurate personal information we maintain about you. In response to your request, we may request additional information showing that the information you want to correct is inaccurate.
• Right to Deletion: You may request that we delete your personal information that we collected from you and retained. This right is subject to certain exceptions, and legal obligations imposed by state or federal privacy and employment laws. We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.
• Right to Opt-Out of the Sale or Sharing of Personal Information to Third Parties. You have the right to opt out of the sale or sharing of your personal information by National Underground to third parties. We do not sell or share your personal information, as those terms are defined under California law.
• Right to Limit Use and Disclosure of Sensitive Personal Information. You have the right to direct us to limit our use of your sensitive personal information to that use which is necessary to fulfill the purposes reasonably expected by an average consumer who requests those goods or services. California law considers the following pieces of personal information to be “sensitive:” social security number, driver’s license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password, security questions and answers, or unique biometric data. We do not knowingly collect sensitive personal information for any purpose, including to infer characteristics about you.
• The Right Against Discrimination: You have the right not to receive discriminatory treatment by National Underground for the exercise of the privacy rights conferred by the CCPA. We will not discriminate or retaliate against you for exercising any of your data privacy rights.

How to Submit a Request

Only you, or a person that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You or an authorized agent may submit a request to exercise your rights through one of the following means:

1. By filling out a Consumer Data Request Form available here.
2. By calling us toll-free at 1-800-800-0510.
3. By emailing us at WebsitePrivacy@nationalu.com

Upon submitting a requests, we will attempt to verify your identity by matching the identifying information provided by you (or your authorized representative) to the personal information already maintained by us. The type of information you must provide depends on the type of request you make. Alternatively, we may use a third party verification service to verify your identity. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

We will not collect additional personal information from you for the sole purpose of your exercising your rights under the data protection laws. Similarly, we will not require you to create an account of any sort, solely for the purpose of exercising your rights under applicable data protection laws.

Authorized Agents

California law permits California consumers to use an authorized agent to submit a privacy request. We require the authorized agent to provide us with proof of the California consumer’s written permission that shows the authorized agent has the authority to submit a request for the California consumer. Written permission must be submitted to National Underground as part of the verification process and the agent must also verify their own identity with us using the verification methods described above. We may deny requests from an agent that does not submit proof that they have been authorized by the consumer to act on their behalf.

Other California Privacy Rights

California’s “Shine the Light” law (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. Although, National Underground does not share any California consumer personal information with third parties for direct marketing purposes, California residents can make such a request by emailing us at WebsitePrivacy@nationalu.com or by writing to us at:

National Underground Group

47 Discovery, Suite 250, Irvine, CA 92618