PRIVACY POLICY

Scientific Molding Corporation, Ltd and our affiliates SMC, Ltd., Stoesser Industries, Design Dynamics, Inc., and Patel Aviation LLC (collectively “SMC Ltd.”) is committed to protecting and respecting the privacy of your information. This Privacy Policy is meant to help you understand the information we collect, why we collect it, and how you can manage it. This Policy applies to our website at www.smcltd.com (the “Site”) and any related products, services, communications, or apps (our “Business”). By using our Site, or by engaging in Business, you are acknowledging that you have read, understood, and accept this Privacy Policy.

In this Privacy Policy, any use of the words “you,” “yours,” or similar expressions refers to users of this Site and Business, as well as any other individuals whose information we collect and process. References to “we,” “us,” “our” or similar expressions refer to SMC Ltd.

This Policy does not extend to anyone whose personal information is not under our control or management, including data that is collected by other websites that you may visit before or after this Site, and which are not governed by this Privacy Policy. We are not responsible for the data protection or privacy policies of any other websites, and accept no responsibility or liability for those policies.

 

1. Information We Collect

1.1      Information We Collect and Receive. In order for you to use our Site and transact Business, we need to collect and process certain types of information. Depending on your use of our Site and Business, this may include:

  • Information you provide to us by completing forms on our website: For example, your name and contact information, or any other information you may provide in the forms on our website;
  • Information you provide to us by contacting us: Any personal information you may provide to us when you email or call us, such as name, phone number, employer, and any other details you provide in your communications. SMC Ltd. may also request your contact information for the purposes of having someone contact you for additional information, or in response to your request for information from us;
  • Transaction information when you engage in Business with us;
  • Customer feedback information you provide us, such as by filling out surveys;
  • Information about your activity through our Site, including your device information, such as your IP address, the type of device or browser you use, and your actions on the Site; and
  • Information provided for prospective and present employment with us.

1.2      Information from Children. SMC does not knowingly solicit or collect any personal information from anyone under 13 years of age, and children under 13 are not permitted to register for or use our Site or engage in Business. If we become aware that a child under the age of 13 has provided us with personal information, we will delete it. Legal Guardians can contact us with any questions by sending an email to smc.privacy@smcltd.com.

1.3      Cookies and Tracers. We use cookies and similar technologies (e.g., web beacons, pixels, ad tags and device identifiers) to recognize you and/or your device(s) on, off and across the Site and different devices. You can control cookies through your browser settings and other tools. SMC does not use any first party advertising cookies. You can also opt-out from our use of cookies and similar technologies that track your behavior on the sites of others for third party advertising. You can learn more about our use of cookies on our Cookie Policy.

 

2. How We Use Information

SMC Ltd. may use the personal information we collect for the following purposes:

  • To deliver our products;
  • To provide customer service and our support services;
  • To process any financial transactions you or your company makes with us;
  • To process applications for employment;
  • To keep your information secure such as by monitoring for security irregularities, and to be able to verify your identity and contact information;
  • To update you with news and services from SMC Ltd.;
  • To ensure our website and services are relevant to you and your interests;
  • To help us create and publish content most relevant to you; and
  • To contact you in response to your requests such as our Contact form available at https://www.smcltd.com/contact/.

 

3. How Information May Be Shared

SMC Ltd. will never sell or rent any of your personal information, and we will never share your personal information publicly without your consent. However, we may share your information with certain trusted third-party services to help us provide, improve, promote, or protect our Business. This may include:

  • Companies and financial institutions we may partner with to process payments;
  • Service providers where we store your data to support delivery of our Business; and
  • Third party analytics and search engine providers that assist us in the improvement and optimization of our Site.

Whenever we share data with third-party services, we require that they use your information only for the purposes we’ve authorized, and that they protect your personal information at least to the same standards we do.

Employee and employee family member information is never sold, leased, or rented to any third party. Employee information will never be disclosed to third parties except as follows:

  • To those retained by us for processing only for the purposes set forth above;
  • Where required pursuant to an applicable law, governmental or judicial order, law or regulation, or to protect our rights or property;
  • Where authorized electronically or in writing by the employee; and
  • Where the employee voluntarily provides Personal Data and the context makes it clear that such employee information will be provided to a third party (e.g., for payroll, benefits, travel, reimbursement, and other systems used in the employment context).

We also reserve the right to disclose personal information when it is reasonably necessary to conduct our business, protect SMC’s legal rights and property, and to comply with the law or law enforcement.

 

4. Protection Of Your Personal Information

We take the security of your personal information seriously, and follow industry-standard practices to protect the data we collect and process. SMC Ltd. has therefore put in place commercially reasonable physical, electronic, and managerial procedures to safeguard and secure the personal information that SMC Ltd. collects. Access to personal information will be restricted to our authorized personnel who require the information in order to perform their duties properly. In addition, access will be limited to only that information that is strictly necessary for the performance of those duties.

The safety and security of your information also depends on you. No method of transmission over the internet or electronic storage is completely secure, so SMC Ltd. cannot guarantee its absolute security.

 

5. Data Transfers

Because SMC Ltd. is a US-based company, your information may be collected and processed in the United States. Additionally, as part of the Business provided to you through our Site, the information which we collect about you may be transferred to, and stored in, one or more countries other than where you currently reside. For example, this may occur if any of our servers or third-party service providers are located in a country other than yours. These countries may have different data protection laws that are similar to your current residence. However, if we transfer your information in this way, we will put in place appropriate protection to make sure your personal data remains adequately protected and is treated in line with this Privacy Policy.

 

6. Basis for Processing – European Union Residents

Data protection law in Europe requires a “lawful basis” for collecting and retaining personal information from residents of the European Economic Area. Our lawful bases include:

  • Performing the contract we have with you: In certain circumstances, we need your personal data to comply with our contractual obligation to transact our Business, and assist with any questions you may have;
  • Consent: We may ask your consent to process your personal information in some situations;
  • Legal compliance: There may be legal circumstances where we need to collect and use your data; and
  • Legitimate interests: This is a term in data protection law that allows us to process your personal information if we have a fair reason to use your data, and only if we do so in ways which do not hurt your interests and rights. We sometimes require your data to pursue our legitimate interests in running our business, including for transacting our Business, fraud prevention, quality assurance, and marketing purposes, as long as our use of your data does not materially impact your rights, freedom or interests. This allows us to improve and develop the quality of the online experience we offer all our users.

 

7.  Email Notifications

We try to keep email communications to a minimum, and give you the ability to opt-in to any marketing communications we send. For example, we may send you email relating to our Business or to solicit customer feedback, such as through surveys. You may also elect to receive certain marketing email communications, in accordance with your preferences, and from which you may opt-out at any time. You can also opt-out of receiving email information or mobile device notifications from SMC Ltd. by sending us an email at smc.privacy@smcltd.com stating your request. If we have sent you a promotional email or mobile device notification, you may send us a return email or mobile device communication asking to be omitted from future email or mobile device distributions. This opt-out does not apply to information provided to SMC Ltd. as a result of transacting Business, or other pertinent transactions.

 

8. Retention

We will hold your personal information on our systems as necessary to perform the relevant processing activity for that information, or as set out in any relevant contract you hold with us. This is a case by case determination that depends on things like the nature of the data, why it is collected, why it is processed, and any relevant legal or operational retention needs. For example, we may retain your data for as long as you maintain an account with us so that we may process and transact Business with you. We may also be legally required to hold some types of information to fulfil our statutory obligations. We review our retention periods for personal information on a regular basis. When the relevant processing activity has been completed, we may destroy your data, or alternatively anonymize the data in such a way that you are not personally identifiable, either directly or indirectly.

 

9. Personal Information Requests – California and European Union (EU) Residents

Users or Site visitors residing in certain locations, including California and the European Union, may be afforded certain rights regarding their personal information. Except where an exception or exemption applies, these rights may include 1) the ability to request access to or a copy of the information we have collected about you; 2) the right to review our data collection practices related to you; 3) the ability to request deletion of your personal information; 4) the right to request correction of any information we hold about you; 5) the right not to be discriminated against due to your exercise of any of the preceding rights; and 6) the right to request portability of your data. In certain circumstances, you may also request restriction of, or objection to the processing we perform about you. While these rights are not globally applicable, our customers are entitled to access the personal information that we hold about them.

You may also send us an email at smc.privacy@smcltd.com to request access to, correct, or delete any personal information that we hold about you. Residents of California may designate an authorized agent to exercise certain privacy rights on their behalf, and should make any such request by contacting the above email address. To protect your privacy and security, SMC Ltd. may take reasonable steps to verify your identity before granting access to, correcting, or deleting data. We will attempt to respond to your request for information within 30 days. Please note that we may retain certain information as required by law or as necessary for our legitimate business purposes.

 

10. Privacy Shield Frameworks For EU And Swiss Citizens

SMC Ltd. complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries (including Iceland, Liechtenstein, and Norway) and Switzerland transferred to the United States pursuant to Privacy Shield. SMC Ltd. has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.

With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, SMC Ltd. is subject to the regulatory enforcement powers of the US Federal Trade Commission.

Pursuant to the Privacy Shield Frameworks, EU and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should direct their query to smc.privacy@smcltd.com. If requested to remove data, we will respond within a reasonable timeframe.

We will provide an individual opt-out or opt-in choice before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to smc.privacy@smcltd.com.

SMC Ltd.’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles.

In compliance with the Privacy Shield Principles, SMC Ltd. commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact us by email at smc.privacy@smcltd.com, or using the mailing address listed below.

SMC Ltd. has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, visit https://bbbprograms.org/privacy-shield-complaints/  for more information and to file a complaint. This service is provided free of charge to you.

If your complaint involves human resources data transferred to the United States from the EU and/or Switzerland in the context of the employment relationship, and SMC does not address it satisfactorily, SMC commits to cooperate with the panel established by the EU data protection authorities (DPA Panel) and/or the Swiss Federal Data Protection and Information Commissioner, as applicable and to comply with the advice given by the DPA panel and/or Commissioner, as applicable with regard to such human resources data. To pursue an unresolved human resources complaint, you should contact the state or national data protection or labor authority in the appropriate jurisdiction. Contact details for the EU data protection authorities can be found at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

For this Privacy Policy and its content, SMC Ltd. is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) and the Department of Transportation. If SMC becomes subject to an FTC or court order based on non-compliance with this policy or Privacy Shield, SMC Ltd. shall make public any relevant Privacy Shield related sections of any compliance or assessment report submitted to the FTC, to the extent consistent with confidentiality requirements.

 

11. Questions, Comments, or Complaints

If you have questions or comments about this Privacy Policy or our treatment of your personal information, or if you’d like to request an alternative format of the policy, you can contact us at:

SMC Ltd.
Attn: Legal Department
330 SMC Drive
Somerset, WI 54025
Or:
smc.privacy@smcltd.com

SMC Ltd. strives to satisfy our customers’ and visitors’ privacy concerns. However, if you have contacted SMC Ltd. about your issue and are still unhappy with our response, and if you are also a resident of the European Economic Area, subject to applicable law, you may also have the right to object to SMC Ltd.’s use of your personal information, and to lodge a complaint with your local data protection authority. More information is available here.

 

12. Agreement To Arbitrate

In the event of a dispute between you and SMC Ltd. arising under or relating to this Privacy Policy, either party may choose to resolve the dispute by binding arbitration, as described below, instead of in court (the “Arbitration Agreement”). Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted. Any claim (except for a claim challenging the validity or enforceability of this arbitration agreement, including the Class Action Waiver) may be resolved by binding arbitration if either side requests it. THIS MEANS IF EITHER YOU OR SMC CHOOSE ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. ALSO DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION.

WAIVER: ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR SMC MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER INTERESTED PARTIES, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

The Arbitration Agreement is governed by the Federal Arbitration Act (FAA). Arbitration must proceed only with the American Arbitration Association (AAA) or Judicial Arbitration and Mediation Services (JAMS). The rules for the arbitration will be the procedures of the chosen arbitration organization. If the organization’s procedures change after the claim is filed, the procedures in effect when the claim was filed will apply. Arbitration hearings will take place in St Croix County, Wisconsin. A single arbitrator will be appointed. The arbitrator must:

  • Follow all applicable substantive law, except when contradicted by the FAA;
  • Follow applicable statutes of limitations;
  • Honor valid claims of privilege; and
  • Issue a written decision including the reasons for the award.

The arbitrator’s decision will be final and binding except for any review allowed by the FAA. However, if more than $100,000 was genuinely in dispute, then either you or SMC may choose to appeal to a new panel of three arbitrators. The appellate panel is completely free to accept or reject the entire original award or any part of it. The appeal must be filed with the arbitration organization not later than 30 days after the original award issues. The appealing party pays all appellate costs unless the appellate panel determines otherwise as part of its award. Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction.

 

13. Updates and Changes to this Privacy Policy

This Privacy Policy is effective from January 1, 2020. We may update this Policy from time to time. Any material changes will be made on the Site. Any updates to this Policy will not apply retroactively. If you keep using our Site or transact Business after a change, that means you accept this Policy.

19149857v2

 

COOKIES POLICY

  1. Information about our use of cookies

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.

Everyone has the option to deactivate the storage of cookies by configuring their browser so that it does not permit the sending of cookies or notifies you in the event that cookies are sent before they are accepted.

Except for essential cookies, all cookies will expire after 26 months.

 

  1. Google Analytics

Our website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies,” which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this, you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

You can find more information about cookies at: www.aboutcookies.org. You can find more information about Google Analytics and how to reject or delete these cookies at: www.google.com/intl/en/privacypolicy.html.

 

  1. Third parties

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.