01. Definitions and Interpretation
For the purposes of these Terms, the following terms shall have the meanings assigned to them below:
"Client," "You," and "Your" refer to the individual or legal entity accessing the Website and accepting these Terms.
"The Company," "Ourselves," "We," "Our," and "HSO" refer to Huron Smith Oil Co., Inc., its affiliates, and subsidiaries.
"Personal Data" means any information relating to an identified or identifiable natural person as defined under applicable data protection laws .
"Processing" means any operation performed on Personal Data, whether or not by automated means .
"Party" or "Parties" refers, jointly or separately, to You and HSO.
These Terms apply to all users of the Website, including, without limitation, visitors, potential clients, business partners, or suppliers.
02. International Data Transfers and Processing
2.1. Legal Basis for Processing
We only process your Personal Data for specified, explicit, and legitimate purposes, subject to applicable local laws and regulations, based on one or more of the following legal bases :
Your consent;
The conclusion or performance of a contract with you;
Compliance with a legal obligation; or
Our legitimate interests, provided they do not override your fundamental rights.
2.2. Cross-Border Data Transfers
As a global company, we may transfer your Personal Data to recipients located in countries outside your country of residence, including outside the European Economic Area (EEA) . Some of these countries may not offer an equivalent level of data protection to that required in your home country.
In particular, when we transfer Personal Data of EEA residents to countries not deemed adequate by the European Commission, we implement appropriate safeguards, including European Commission-approved Standard Contractual Clauses (SCCs) , to ensure your data is protected to the required standard .
2.3. Data Controllers and Processors
Depending on the context, HSO may act as a "Data Controller" (determining the purposes and means of processing) or a "Data Processor" (processing data on behalf of a controller). When we engage HSO subsidiaries, third-party service providers, or partners, we ensure they :
Are authorized to receive and process your Personal Data;
Have a legitimate need for access;
Have implemented appropriate technical and organizational security measures;
Process your Personal Data only as instructed.
03. Cookie Policy and Tracking Technologies
3.1. Use of Cookies
Our Website uses cookies and similar tracking technologies to enhance your browsing experience, analyze site traffic, store your preferences, and for marketing purposes (e.g., tailored advertising) . Cookies are small text files stored on your device via your web browser.
3. 2. Types of Cookies We Use
We categorize cookies as follows :
Cookie Category | Purpose | Examples / Technologies |
Strictly Necessary | Essential for website functionality, navigation, and security. These cannot be disabled. | Cookie preferences, login authentication (SessionId), safe form submission (__RequestVerificationToken), load balancer session cookies. |
Functional | Store your preferences (e.g., language, region) to enhance your experience. | User language preference cookies. |
Analytics/Performance | Collect anonymized data about how visitors use our site (pages visited, time on page, clicks) to help us improve. | First-party analytics tools, |
Marketing/Targeting | Used to deliver relevant advertisements and track the effectiveness of marketing campaigns. They may be set by us or third-party advertisers. |
Google Tag Manager (loads tags based on consent), advertising cookies from social media platforms. |
3.3. Your Consent and Choices
Prior Consent: We will only place non-essential cookies (analytics, marketing) on your device after obtaining your explicit consent.
Cookie Preference Tool: Upon your first visit, you will see a cookie banner allowing you to accept all cookies, reject non-essential cookies, or customize your preferences by category.
Withdrawal of Consent: You can change your cookie preferences at any time by clicking the "Cookie Settings" link in the website footer.
Browser Settings: You can also configure your browser to block or alert you about cookies. However, please note that disabling strictly necessary cookies may affect website functionality.
04. Commercial Terms and E-Commerce
4.1. Services and Software as a Service (SaaS)
Access to and use of our proprietary Terminal Operating System (TOS) Platform is governed by a separate Software as a Service Agreement (SaaS Agreement) . In the event of any conflict, the terms of that SaaS Agreement shall prevail over these Terms concerning the use of the software.
4.2. Procurement Trade Desk (PTD) Services
Participation in our PTD services, including sourcing, trade enablement, and tank leasing, is governed by a separate Trade Enablement Agreement. These Terms apply to the general use of the Website for information about the PTD.
4.3. Electronic Communications
By using our Website or contracting our services, you agree to receive electronic communications from us (e.g., via email or notices on the Website) to fulfill our contractual obligations, provide service-related information, or, with your separate consent, for marketing purposes. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
4.4. CAN-SPAM Act Compliance (US)
We are committed to complying with the CAN-SPAM Act. If you receive a marketing email from us, you will have the option to unsubscribe from future commercial emails via a link provided in the message.
05. Your Privacy Rights (GDPR, CCPA, and Other Frameworks)
5.1. Your Rights
Depending on your location, you may have specific rights regarding your Personal Data. We respect and facilitate the exercise of these rights :
Right to Access: You may request confirmation of whether we process your Personal Data and request a copy.
Right to Rectification: You may request correction of inaccurate or incomplete data.
Right to Erasure (Right to be Forgotten): You may request deletion of your Personal Data under certain conditions.
Right to Restrict Processing: You may request that we limit the processing of your data.
Right to Data Portability: You may request to receive your data in a structured, commonly used, and machine-readable format, and to transmit it to another controller.
Right to Object: You may object to our processing of your data based on legitimate interests or for direct marketing purposes.
Right to Withdraw Consent: Where processing is based on consent, you have the right to withdraw it at any time without affecting the lawfulness of processing based on consent before its withdrawal.
Right to Non-Discrimination (CCPA): We will not discriminate against you for exercising any of your privacy rights.
5.2. How to Exercise Your Rights
To exercise any of these rights, please contact us at legal@hsoterminals.com. We will review your request in accordance with applicable laws and may request additional information to confirm your identity before processing the request . We will respond without undue delay, and in any event within the timeframe required by law (e.g., 30 days under GDPR).
5.3. Supervisory Authority
You have the right to lodge a complaint with a data protection supervisory authority (e.g., in your country of residence, place of work, or where an alleged infringement occurred) if you believe our processing of your Personal Data violates applicable law .
06. Data Security and Retention
6.1. Security Measures
We have implemented appropriate technical and organizational measures to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access, and all other forms of unlawful processing . These measures include encryption, access controls, and regular security assessments. We also require our data processors to implement equivalent measures.
6.2. Data Retention
Your Personal Data will be stored no longer than is necessary for the purposes for which it was collected, unless otherwise required or permitted by law . For data gathered in relation to a contract, we will generally retain it for the duration of the contract plus a period thereafter to comply with legal obligations (e.g., tax and accounting laws) or to handle potential disputes.
07. Intellectual Property and License
Unless otherwise stated, HSO Terminals and/or its licensors are the exclusive owners of all intellectual property rights in and to the Website and its content, including all materials related to our TOS Platform and the business models of the Procurement Trade Desk (PTD) . All rights are reserved.
You are granted a limited, revocable, and non-exclusive permission to access and use the Website and its content solely for informational and personal purposes, and to evaluate a potential business relationship with HSO.
You must not:
Republish, sell, rent, sub-license, or copy material from the Website for commercial purposes.
Redistribute content unless it is specifically designated for distribution.
08. Third-Party Links and Content Liability
Our Website may contain links to third-party websites or services that are not owned or controlled by HSO. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. We encourage you to review the terms and privacy policies of any third-party sites you visit.
We are not responsible for any content that appears on your website if you link to us. You agree to defend and indemnify HSO against all claims arising from or related to your website.
09. Modifications to Terms and Website
We reserve the right to modify these Terms at any time. Changes will become effective immediately upon posting on the Website. Your continued use of the Website after such changes constitutes your acceptance of the new terms. We also reserve the right to modify, suspend, or discontinue any part of the Website without notice.
10. Contact Information
If you have any questions, comments, or complaints regarding these Terms, our Privacy and Cookie practices, or the processing of your Personal Data, please contact us :
For TOS Platform and General Support: support@hsoterminals.com
For PTD Services and Commercial Inquiries: sales@hsoterminals.com
For Legal, Privacy, and Data Protection Matters:
Email: legal@hsoterminals.com
Address: Huron Smith Oil Co., Inc., 204 Hays St, Batesville, Mississippi, 38606
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of [Insert State, e.g., Delaware], without regard to its conflict of laws principles. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts located in [Insert County, e.g., New Castle County, Delaware]; provided, however, that nothing herein shall prevent HSO from seeking injunctive relief in any jurisdiction necessary to protect its intellectual property right