Briggs & Stratton, LLC Privacy Shield Policy

Last Updated 01/11/20

As of July 16, 2020, the EU-U.S. Privacy-Shield Framework has been invalidated as a result of the decision by the Court of Justice of the European Union in “Schrems II”.  On September 8, 2020, Switzerland’s Federal Data Protection Information Commenced announced that the EU-Swiss Privacy Shield Framework no longer provides an adequate level of protection for transfers of personal data from Switzerland to the United States.

Briggs & Stratton, nonetheless, continues to comply 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 use and retention of personal information transferred before July 16, 2020, from the European Union, and the United Kingdom, and before September 8, 2020, from Switzerland, to Briggs & Stratton in the United States.  For transfers of personal information after July 16, 2020, from the European Union or the United Kingdom, and after September 8, 2020, from Switzerland, to Briggs & & Stratton in the United States, the Company will rely on (a) a data transfer mechanism deemed adequate by the relevant data protection authority, or (b) an applicable derogation from the general prohibition on cross-border data transfers under the relevant data protection law.

Briggs & Stratton, LLC, B&S International, Inc., Allmand Bros., Inc., and Billy Goat Industries, Inc., (collectively, the “Company”) comply with the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data transferred from the European Union (“EU”) and Switzerland to the United States (the “Privacy Shield Principles”). The Company has certified to the Department of Commerce that it adheres to the Privacy Shield Principles when processing Personal Data regarding individuals who reside in the EU and Switzerland, including, but not limited to: Company website users; product users or consumers; business contacts, e.g., contacts at dealers and distributors of Briggs & Stratton products; and vendors. Personal data of employees, independent contractors, and applicants located in the EU and Switzerland is transferred to the Company subject to the controller-to-controller Standard Contractual Clauses (Set II) and is not covered by this Policy. For purposes of this Policy, “Personal Data” means any information received by the Company from the EU or Switzerland, recorded in any form, which relates to a natural person (other than an employee, independent contractor, or applicant of an EU-based or Switzerland-based affiliate of the Company) who is identified in, or identifiable based on, the Personal Data received. More information about the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Frameworks as well as the Company’s certification on the Privacy Shield List are available at www.privacyshield.gov. If there is any conflict between the terms in this Privacy Shield Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.

The Company’s Collection And Use Of Personal Data

The Company receives Personal Data about individuals in the EU and Switzerland, including: vendors; product users or consumers; business contacts, e.g., contacts at dealers and distributors of Briggs & Stratton products; and users of the Company’s website. The Company collects Personal Data from vendors including names and business contact information for purposes including vendor tracking and paying for products and services. Personal Data collected by the Company from business contacts includes name, company name, job title, and business contact information. The Company uses this Personal Data for marketing, advertising, business development, client/customer tracking, and client/customer analysis. The Company’s collection and use of Personal Data from business contacts who use the Company’s Power Portal website is described the Power Portal's privacy policy. The Company also receives the Personal Data of EU and Swiss product users and consumers from its EU and Swiss business contacts, including name, address, and Company products purchased for purposes including tracking product registrations and warranties and marketing and advertising.

In addition, the Company receives Personal Data from users of the Company’s website as described in the website privacy policy and uses that Personal Data for the purposes described in that policy. 

The Company’s Disclosure Of Personal Data

The Company may disclose the Personal Data of individuals located in the EU and Switzerland, subject to written agreement, to authorized service providers who provide services related to the purposes for which the Company collects that Personal Data. For example, the Company stores business contact information in a customer relationship management (CRM) database provided by an authorized service provider located in the United States. On occasion, for purposes of managing product lines and other business interests, Briggs & Stratton’s affiliated companies located outside of the U.S., EU, and Switzerland may access business contact and product user Personal Data. In addition, the Company may disclose the Personal Data of website visitors to other third parties as described in the website privacy policy referenced above. The Company may be liable for the onward transfer of Personal Data to third parties. Pursuant to the Privacy Shield, the Company remains liable for the transfer of personal data to third parties acting as our agents unless we can prove we were not a party to the events giving rise to the damage.

The Company may be required to disclose, and may disclose, Personal Data in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements.

Choices For Limiting The Use And Disclosure Of Personal Data

The Company will provide the opportunity for individuals to opt out from: (a) the disclosure of their Personal Data to a non-agent third party; and (b) the use of their Personal Data for purpose(s) that are materially different from the purpose(s) for which the Personal Data was originally collected or subsequently authorized by the individual. The Company will provide individuals with clear, conspicuous and readily available mechanisms to exercise their choices regarding Personal Data should such circumstances arise. Individuals who wish to limit the use or disclosure of their Personal Data as described in this Policy should submit their requests to privacy@basco.com.

Individuals’ Right To Access Their Personal Data

Upon request, the Company will grant individuals access to their Personal Data. Individuals who wish to exercise these rights can do so by contacting privacy@basco.com. For security purposes, the Company may require verification of the requester’s identity before providing access to Personal Data. In addition, applicants can access their Personal Data through their accounts on the Company’s career portal.

More Information And What To Do If You Have a Complaint

Individuals can contact the Company with any inquiries about the Privacy Shield or the processing of their Personal Data at privacy@basco.com.

In compliance with the Privacy Shield Principles, the Company commits to resolve complaints about its collection or use of the Personal Data of individuals located in the EU and Switzerland. Any such individual who has a complaint regarding this Privacy Shield Policy should submit the complaint to privacy@basco.com. The Company will promptly investigate, and attempt to resolve, such complaints in accordance with this Policy and the Privacy Shield Principles. Any individual who is not satisfied with the internal resolution of a complaint may seek redress with the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. In certain circumstances, the EU-U.S. Privacy Shield Framework provides the right to invoke binding arbitration to resolve complaints not resolved by other means, as described in Annex I to the Privacy Shield Principles. The Federal Trade Commission has jurisdiction over the Company’s compliance with the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Frameworks.

Effective Date: March 30, 2018

Revised: November 01, 2020