PRIVACY AND COOKIES POLICY
Scientific Molding Corporation, Ltd and our affiliates SMC, Ltd, Stoesser Industries, Design Dynamics, Inc., and Patel Aviation LLC (collectively “SMC Ltd.” or “We”) are committed to protecting and respecting your (“you” or “your”) privacy.
This policy sets out the basis on which any Personal Data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your Personal Data and how we treat it.
In this policy the following words have the following meanings:
“Data Protection Laws”
means any Applicable Law relating to the processing, privacy, and use of Personal Data, including (a) in the United Kingdom, (i) the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, SI 2003/2426, and any laws or regulations implementing Directive 95/46/EC (Data Protection Directive) or Directive 2002/58/EC (ePrivacy Directive); and/or (ii) the General Data Protection Regulation (EU) 2016/679 (GDPR), and/or any corresponding or equivalent national laws or regulations (Revised UK DP Law) (b) in member states of the European Union, the Data Protection Directive or the GDPR, once applicable, and the ePrivacy Directive, and all relevant member state laws or regulations giving effect to or corresponding with any of them; and (c) any judicial or administrative interpretation of any of the above, any guidance, guidelines, codes of practice, approved codes of conduct or approved certification mechanisms issued by any relevant Supervisory Authority;
means any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person and where referred to in this policy includes special categories of Personal Data.
- Information we collect from you
We will collect and process the following Data about you:
2.1 Information you give us.This is information about you that you give us by contacting us via our website www.smcltd.com (“our site”) or by corresponding with us by phone, e-mail or otherwise. The information you give us may include your name, address, e-mail address and phone numbers.
2.2 Employee Information. In addition to customer/visitor information, we may collect Employee Information from prospective and present employees only for legitimate business purposes, including the administration of business travel, health insurance, and other benefits. Employee information on health, performance evaluations, and other sensitive employee matters, whether it is stored manually or electronically, is accessible by appropriate employees only if necessary with respect to legitimate human resource functions or issues; however, an employee’s picture and any information the employee chooses to provide may be placed on our intranet. Likewise, from time to time, an employee’s picture along with Personal Data may be published in our directories, internal website(s) and used in presentations.
2.3 Human Resources. For legitimate human resources purposes, employees may choose to voluntarily disclose Personal Data about family members. If our employees choose to do this, their family members’ Personal Data shall be treated, for the purposes of this Policy, the same as an employee’s Personal Data. Unless otherwise noted or excluded by context, “Employee information” is included within the definition of “Personal Data” for the purposes of this Policy. Employee information is never sold, leased, or rented to any third party. Employee information will never be disclosed to third parties except as follows:
2.3.1 to those retained by us for processing only for the purposes set forth above;
2.3.2 where required pursuant to an applicable law, governmental or judicial order, law or regulation, or to protect our rights or property;
2.3.3 where authorized electronically or in writing by the employee; and
2.3.4 where the employee voluntarily provides Personal Data and the context makes it clear that Employee Information will be provided to a third party/subprocessor (ex. payroll, benefits, travel, reimbursement, and other systems used in the employment context).
- Information we receive from other sources.We are working closely with third parties (including, for example, analytics providers). Please see our cookies policy for further details.
- Children’s Privacy.
Our site is not directed to children under the age of 13 and we do not knowingly solicit or collect information from children under the age of 13 without prior parental consent. If we learn that a child under the age of 13 has submitted Personal Data to us without parental consent, we will take all reasonable measures to delete such information from our databases and/or to not use such information for any purpose (except as necessary to protect the safety of the child or others as required or allowed by law). If you become aware of any Personal Data we have collected from a child under 13, please contact us as indicated in the Contact section of this Policy.
- Uses made of the information.
6.1 We will only use your Personal Data to the extent that the law allows us to do so. Under the GDPR we rely on the following legal bases for processing your Personal Data:
6.1.1 where you have given us your consent;
6.1.2 where it is necessary to perform a contract we have entered into or are about to enter into with you;
6.1.3 where it is necessary for the purposes of our legitimate interests (or those of a third party) and your interests or fundamental rights and freedoms do not override those interests.
6.2 We use information held about you in the following ways:
6.2.1 processing of an enquiry received from you;
6.2.2 processing a request for further information or in response to you expressing an interest in one or more of our products or services;
6.2.3 processing your application for employment and if applicable, we shall retain a copy of your resumé in case of suitable future opportunities.
6.3 Information you give to us. We will use this information:
6.3.1 to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
6.3.2 to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
6.3.3 to provide you, or permit other SMC companies to provide you, with information about goods or services related to your enquiry;
6.3.4 to notify you about changes to the service we provide; and
6.3.5 to ensure that content from our site is presented in the most effective manner for you and for your computer.
6.4 Information we collect about you.We will use this information:
6.4.1 to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
6.4.2 to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
6.4.3 as part of our efforts to keep our site safe and secure;
6.5 Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).
7.0 Disclosure of your information
7.1 You agree that we have the right to share your Personal Data with:
7.1.1 Selected third parties including business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;
7.1.2 analytics and search engine providers that assist us in the improvement and optimization of our site;
7.2 We will not disclose your personal information to third parties except:
7.2.1 In the event that we sell or buy any business or assets, in which case we will disclose your Personal Data to the prospective seller or buyer of such business or assets.
7.2.2 If SMC Ltd. or substantially all of its assets are acquired by a third party, in which case Personal Data held by it about its customers will be one of the transferred assets.
7.2.3 If we are under a duty to disclose or share your Personal Data in order to comply with any legal obligation, or in order to enforce other agreements; or to protect the rights, property, or safety of SMC Ltd., our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
- Where we store your Personal Data
8.1 All information you provide to us is stored on our secure servers.
8.2 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
- Retention of Personal Data
9.1. We will only retain your Personal Data for as long as necessary to fulfil the purposes for which we collected your Personal Data.
9.2 To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of that Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements
- Your rights under GDPR
Under certain circumstances, you have the right to:
10.1 Request access to your Personal Data (commonly known as a ‘subject access request’).
This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.
10.2 Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
10.3 Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data in certain circumstances.
10.4 Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground.
10.5 Request the restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of Persona Data about you, for example if you want us to establish its accuracy or the reason for processing it.
10.6 Request the transfer of your Personal Data to another party.
10.6.1 If you want to review, verify, correct or request erasure of your Personal Data, object to the processing of your Personal Data, or request that we transfer a copy of your Personal Data to another party, please contact us as indicated in the Contact section of this Policy.
10.6.2 Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any Personal Data to these websites.
10.7 To exercise any of the above rights, you can contact SMC Ltd. using the information in Section 13 below. You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
- Privacy Shield Frameworks fore EU and Swiss Citizens
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 U.S. Federal Trade Commission.
11.1 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 may 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 Privacy@smcltd.com. If requested to remove data, we will respond within a reasonable timeframe
11.2 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 Privacy@smcltd.com.
11.3 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 particular, SMC Ltd. remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless SMC Ltd. proves that it is not responsible for the event giving rise to the damage.
11.4 In compliance with the Privacy Shield Principles, SMC Ltd. commits to resolve complaints about your privacy and our collection or use of your personal informationtransferred to the United States pursuant to Privacy Shield. European Union andSwiss individuals with Privacy Shield inquiries or complaints should first contactus by email at Privacy@smcltd.com, or using the mailing address listed below.
11.5 SMC 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, please visit bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint.This service is provided free of charge to you.
11.6 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 Ltd. does not address it satisfactorily, SMC Ltd. 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. Complaints related to human resources data should not be addressed to the BBB EU PRIVACY SHIELD.
11.7 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.
- Non-EU/Non-Switzerland Citizens
Class Action Waiver. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR SMC LTD. 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.
Governing Law and Rules for Arbitration. 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 Minnesota. 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 Ltd. 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.
Attn: Legal Department
330 SMC Drive
Somerset, WI 54025
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