Privacy and Cookie Policy

Privacy Policy

Bay Supply is a division of ACFR Industries, Inc. a company incorporated in New York, USA.

Bay Supply has implemented this privacy policy (“Policy”) to properly handle the Personal Data (as defined below) provided to or obtained by Bay Supply through the website.  Bay Supply may modify the Policy to reflect changes in applicable law or for any other reasons deemed necessary by Bay Supply. Any modifications to the Policy shall apply immediately upon such modified Policy being posted on the website.

By accepting the Policy when registering for an account on our website (the “Account”) in order to use the services provided through the Website (the “Services”), or when providing Personal Data otherwise by using the Website, you expressly consent to our collection, storage, use and disclosure of your Personal Data as described in this Policy.

For the purposes of this Policy, the term “you” and “your” shall include (i) the representative(s) of the company who you are authorized to access the Website and use the Services and (ii) the company itself.

1)      Privacy Notice

Bay Supply respects your privacy. For our business, Bay Supply will collect, store, and use your Personal Data for defined purposes. Bay Supply uses your Personal Data to support and enhance our relationship with you; for example, to enable the sale of your products, to process your purchases, to contact you to resolve any issues, to provide service and support, and share information with you.

If you use the website in the European Union (EU) or another country of the European Economic Area (EEA), please refer to the additional information provided in the section 11 “Users in the EU/EEA”.

2)      Collection of your information

Bay Supply asks for specific types of Personal Data (as defined below), which enables Bay Supply to adequately identify you, process your sale or purchase, provide services to you, provide marketing material (such as email newsletters) to you, enhance your website visit, respond to requests for information, support your relationship with Bay Supply, assist you with technical support issues and/or to follow up with you after you visit the website.

Bay Supply collects data through your interactions with Bay Supply, such as when:

• You visit the website and use the Services provided through the Website;
• You register for an Account;
• An order is placed to purchase products;
• Products are placed on Bay Supply for sale;
• You request us or you consent with us providing you marketing material (such as email newsletters or blog posts);
• An enquiry is made or feedback is given.

Bay Supply may ask for and/or obtain some of the following data: your name, address, e-mail address, IP address, phone number(s), occupation, designation, national identification number(s) or passport number(s), order history, credit card information and other bank details, referrals, or other information that is needed to process your transaction or request. Bay Supply may also collect demographic information including details of your business or company, age, gender, and product sale or purchase history. Collectively, the items described herein are “Personal Data”.

Bay Supply may collect information relating to your online interactions with Bay Supply (including, but not limited to, your IP address, the pages you view, website links and advertisements that you click on) so that Bay Supply can offer you a more consistent and personalized experience with Bay Supply and better serve your needs by tailoring the content, services, and marketing material that Bay Supply shares with you.

Your Personal Data may be held or stored in any or a combination of the following, in the United States of America:

• Computer systems;
• Cloud systems;
• Electronic databases;
• Digital archives;
• Telephone recordings; and
• Hard copy or paper files.

These storage mechanisms may be managed by Bay Supply or by a Website Service provider with whom Bay Supply has a contractual relationship.

The Personal Data you provide will be kept confidential and will only be stored, used, and disclosed for the purposes for which it was collected or as otherwise permitted by applicable law.  It is collected and processed for the following general purposes or for other lawful business purposes:

• To operate the website;
• To register you as a member of the website;
• To process your purchase;
• To fulfill requests for products and services;
• To improve our products and services;
• To contact you;
• To provide you with marketing material;
• To prevent and/or avoid fraud and other prohibited or illegal activities;
• To protect the security or integrity of the website, our business, our products or services;
• To customize our communication with you and the marketing materials Bay Supply shares with you; and
• To improve and develop our website in order to better provide our services to you.

3)      When Bay Supply will Share your Personal Data

Your Personal data may be shared with other Bay Supply entities, agents or contractors performing services for Bay Supply to the extent necessary in order for Bay Supply to provide services to its customers. If so, Bay Supply will ensure that your Personal Data is only used in connection with the functions these parties will be performing for Bay Supply and that all such information is treated in a confidential manner.  Bay Supply will disclose your Personal Data to the extent required by applicable law, if ordered or required to do so by a court or relevant enforcement authority, or to ensure that Bay Supply is in compliance with its legal obligations.

4)      Your Rights

To request any update or correction of your Personal Data, please contact help@baysupply.com

Upon receipt of your request and within a reasonable period of time, Bay Supply will make the requested update or correction or cease to process your Personal Data accordingly.

5)      Cookies 

In order to provide you with a customized experience, Bay Supply uses Bay Supply and third party cookies to help Bay Supply determine which information is relevant and to enhance your experience when you interact with Bay Supply.  Cookies are small files that are placed on your computer when you visit a website. Cookies may be used to store a unique identification number tied to your computer or device so that you can be recognized as the same user across one or more browsing sessions, and across one or more sites.  Cookies serve many useful purposes. For example:

• Cookies can remember your sign-in credentials, so you do not have to enter those credentials each time you use the website.
• Cookies can help Bay Supply, or third parties understand which parts of our services and our website are the most popular because they help us see which pages and features visitors’ access and how much time they spend on the pages.  By studying this kind of information, Bay Supply is better able to adapt the Services and provide you with a better experience.

Most browsers accept cookies automatically but can be configured not to do so or to notify the user when a cookie is being sent.  If you wish to disable cookies, refer to your browser help menu to learn how to disable cookies. 

If you disable cookies, it may interfere with the proper functioning of the website and Services.

6)      Web Beacons

Bay Supply or third parties acting on behalf, may use web beacons or related technology on the website, in communications, on other sites, or in Bay Supply’s communications in others’ messages. A web beacon is an electronic image that can be used to recognize a cookie on your equipment when you view a web page or online communication. Web beacons help Bay Supply measure the effectiveness of the website and Bay Supply’s interactions with you in various ways, for example, by counting the number of individuals who visit our site from a particular communication or who make a purchase from our site as well as by telling Bay Supply when a page is viewed and providing a description of the page where the web beacon is placed.  Web beacons also help Bay Supply measure the effectiveness of our communication campaigns, for example, by counting the number of individuals who open or act upon a message, determining when a message is accessed and determining how many times a message is transmitted onwards.  The information Bay Supply collects may include Personal Data, and web beacons allow Bay Supply to recognize users by accessing Bay Supply cookies.  Bay Supply may combine the information that Bay Supply collects through the web beacons with other personal information that Bay Supply has collected from you.  Bay Supply uses all of this information to better tailor our interactions with you and Bay Supply may use this information for other purposes, such as to enable a shopping cart, customize content on the website and for internal research purposes.  Bay Supply will not share any personal information collected through the web beacons with any third party, except for service providers who act on our behalf and who are contractually prohibited from any other use or disclosure of the information.  Bay Supply allows third parties to place their own web beacons on the website if they share Bay Supply’s commitment to protecting your privacy and data.  You can make some web beacons unusable by rejecting cookies.

7)      Third-Party Sites

Please be aware that other websites including sites that may be accessed through Bay Supply via a hyperlink, may collect personal information from you. This policy does not cover the information practices of those third-party sites linked to Bay Supply.

8)      Additional Information

If you have asked to be contacted by one of Bay Supply’s partners, Bay Supply will need to provide them with your contact details. This information will not be shared with any other party and will be forwarded to that partner for the sole purpose of allowing them to contact you.

9)      Assignment

we may assign our rights and duties under this Policy, including, without limitation, our rights in information collected through the website, to any third party at any time without notice to you in connection with any sale, merger, acquisition, divestiture or liquidation of all or part of our business or assets related to the website, all or substantially all of our business or assets, or part of any reorganization or restructuring of our business.

10)   Users in the EU / EEA

If you use the website and our Services in the European Union (EU) or another country of the European Economic Area (EEA), the following information applies with respect to Personal Data collected through your use of the website and/or our Services.  Under the applicable EU general data protection regulation (the “GDPR”), you have certain additional privacy rights.  The following provisions of this Section provide information about these additional rights and further information under the GDPR.

Your Rights under the GDPR:

You have several rights concerning your Personal Data that Bay Supply holds and uses, including the following:

• Right of Access – You have the right to be informed about what personal information Bay Supply holds about you and to a copy of this personal information.
• Right to Rectification – You have the right to have any inaccurate personal information which Bay Supply holds about you updated or corrected.
• Right to Erasure – In certain circumstances you may request Bay Supply delete the personal information that Bay Supply holds about you.
• Right to Complain – You have the right to lodge a complaint regarding the processing of your personal information to an applicable governmental or supervisory authority in your country.
• Right to Object – Where Bay Supply relies on our legitimate interests to process your personal information, you have the right to object to such use and Bay Supply is required to discontinue such processing unless Bay Supply can demonstrate an overriding legitimate interest in such processing.
• Right to Restriction – You have the right to request that Bay Supply stop using your personal information in certain circumstances including if you believe that the personal information Bay Supply holds about you is inaccurate or that Bay Supply’s use of your personal information is unlawful.  If you validly exercise this right, Bay Supply will store your personal information and will not carry out any other processing until the issue is resolved.

To assert these rights, please submit your request to: help@baysupply.com

Purposes of Processing and Legal Basis for Processing:

We process your Personal Data consistent with our disclosures in our Policy.  When processing your Personal Data, Bay Supply may rely on one or more of the following legal bases (or other available legal grounds), depending on the circumstances:

• Legitimate Interests – Bay Supply may process your Personal Data where Bay Supply has a legitimate interest in such processing for managing, operating, or promoting our business, and that legitimate interest is not overridden by your interests, fundamental rights or freedoms.
• Consent – Bay Supply may process your Personal Data where Bay Supply has obtained your consent to the processing.
• Contractual Necessity – Bay Supply may process your Personal Data where such processing is necessary in connection with any contract that Bay Supply has with you, or to take necessary steps to enter into a contract with you or with other users at your request.
• Legal Requirements – Bay Supply may process your Personal Data where such processing is required by applicable law.
• Period of Storage of Personal Information – Bay Supply’s policy is to store your Personal Data only for as long as is necessary to fulfill the purposes for which Bay Supply collected such personal information, including for the purposes of satisfying any professional, legal, accounting or reporting requirements to which Bay Supply is subject.  To determine the appropriate retention period for personal information, Bay Supply considers the scope, nature and sensitivity of personal information, the potential risk of harm from unauthorized use or disclosure of the personal information, the purposes for which Bay Supply collected and processed your personal information and whether Bay Supply can achieve those purposes through other means, and any applicable legal and professional requirements.

Right to Object and Withdraw Your Consent to the Processing of Your Personal Data

If you have given your consent to the processing of your Personal Data, you can withdraw your consent at any time. If you withdraw your consent, we are not allowed to process your Personal Data after withdrawal. Withdrawing your consent does not affect the lawfulness of processing based on consent before withdrawal.

If the processing of your Personal Data is based on our Legitimate Interests, you may object to the processing. In the event of your objection, we request you to explain the reasons why we should not process your Personal Data as we have done.  If your objection states reasons, we will examine the situation and will either stop or adjust the data processing or will demonstrate our compelling reasons that allow us to continue the processing.

Right to complain to Supervisory Authority in the EU: In addition, you have the right to lodge a complaint with a competent supervisory authority in the EU.

Use of Google Analytics

Our website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses cookies.  The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, if IP anonymization is activated on this website, your IP address will be truncated beforehand by Google within member states of the EEA.  Only in exceptional cases the full IP address will be sent to a Google server in the USA and truncated there. On behalf of Bay Supply, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website usage and internet usage to Bay Supply. The IP address transmitted by Google Analytics as part of Google Analytics will not be merged with other data provided by Google.

This website uses Google Analytics to analyze and improve the use of our website. With the statistics we can improve our services and make them more interesting for you as a user.  The legal basis for the use of Google Analytics is our Legitimate Interests.

Use of Google reCAPTCHA

On our website, we use Google reCAPTCHA to check and avoid interactions on our website through automated access, for example through so-called bots.  Through this service, Google can determine from which website a request is sent and from which IP address you use the so-called reCAPTCHA input box.  In addition to your IP address, additional information may be collected by Google, which is necessary for the offer and the guarantee of this service.  We use this service to enhance the security of our website and in the defense against unwanted, automated access in the form of spam or the like. The legal basis for this service is our Legitimate Interests.

Use of New Relic

Our website uses a plugin of the web analysis service New Relic Inc. (“New Relic”).  This plugin enables us to make statistical evaluations about the use and speed of our website.  It provides New Relic the information that a user has accessed the respective webpage of our website, as well as further information about the use of the website.  In addition to your IP address, cookie-generated information about your use of our website is typically transmitted to and stored on a New Relic server located in the United States.  We use New Relic to analyze and improve the use of our website. With the statistics, we can improve our services and make them more reliable.  The legal basis for the use of this plugin is our Legitimate Interests.

Use of HubSpot

On our website we also use a plugin of the inbound marketing service HubSpot inc. (“HubSpot”) HubSpot collects and analyzes data of your use of our website. In addition, to your IP address, cookie-generated information about your website use is typically transmitted to and stored on a HubSpot server located in the United States.  We use HubSpot to improve our inbound marketing, provide educational content for our users, automate communications with our users, manage frequently asked questions and how-to videos for our users and to make our services more interesting.  The legal basis for the use of this plugin is our Legitimate Interests.