Flexcon Global Privacy Policy
Effective Date: 3/31/2024
Flexcon Company, Inc. and its affiliates (“Flexcon,” “we” or “us”), headquartered at 1 Flexcon Industrial Park, Spencer, MA 01562, USA, wants you to know how we collect, use, disclose, transfer and store the personal data that we may obtain about you when you visit our website or otherwise use our services. This Global Privacy Policy (“Privacy Policy”) applies to Flexcon and its affiliates (together “Flexcon”), and it describes what personal data we collect, how and why we collect it, and how we strive to protect it. “Personal data” (including Personal Identifiable Information and Personal Information, as defined by applicable laws) is information that can identify you or that can reasonably be linked to you. Before submitting personal data through our website https://www.flexcon.com , or any other website on which this Privacy Policy is located (collectively the “Site”) or in connection with any of our services. Please review this Privacy Policy carefully. BY USING OR ACCESSING THE SITE OR ANY OF OUR SERVICES, YOU ACKNOWLEDGE THAT YOU ACCEPT AND AGREE TO THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE, PLEASE DO NOT USE OR ACCESS THE SITE OR ANY OF OUR SERVICES. The Site is maintained and hosted in the United States of America.
UK/EU/EEA data subjects: Please note our GDPR Data Protection Notice ("Notice") in the addendum below. In case of a conflict between this Privacy Policy and the Notice, the Notice shall govern.
Australia, California and China data subjects: Please review the appropriate addendum below for more information about your privacy rights.
1) How we collect and use your personal data
a) Personal data collected
We collect the following types of personal data through our Site and services:
i. Information You Voluntarily Provide
We collect personal data or other information that you voluntarily provide us, which may include: (i) contact information, such as your name, company name, job title, address, e-mail address, phone number, personnel number, place of work, branch office, department, qualifications and social media profiles; (ii) additional information about you or your business to help us get to know you or your business better, such as professional association and information about how you use our products; (iii) comments, questions, requests and orders you may make; (iv) financial information needed to process payments if you make purchases, such as a credit card or account information or tax identification number; (v) information about your preferences, such as your preferred methods of communication and product types in which you are interested or (vi) any other information that you elect to share with us.
ii. Information Automatically Collected from Your Device
For each visitor to our Site, we collect technical information about your device, such as device type, browser type, IP address, operating system, and device identifier that may qualify as personal data. We collect this information automatically from your device and web browser through cookies and similar tracking technologies. We may also collect technical data about your usage of our Site and how you interact with our digital advertisements and promotions, such as content viewed or downloaded, videos viewed, features used, links clicked, promotional emails opened, and dates and times of interactions. Personal data collected through the use of analytics may include, for example, your IP address, the website from which you visited us, and the type of device you used. You can opt out from the use of Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add On.
iii. Cookies
We also use data collection devices such as “cookies.” Cookies are small files placed on a visitor's hard drive that allow us to track use and customize your browsing experience. In addition, a visitor may encounter "cookies" or other similar devices on certain pages of the website that are placed by third parties or when ordering online. We do not control the use of cookies by third parties. With most Internet browsers, you can erase the type of cookies we use from your computer hard drive, block our cookies or receive a warning before our cookie is stored. However, please note that while you will still be able to use the Site and the services, your actions in connection with such functions may interfere with the website and the services operations, which may limit the functionality of the Site.
Please read our https://www.flexcon.com/legal/cookie-policy for more information on cookies, how we process the information that they collect and how to opt out of them.
iv. Social media information
If you interact with us through a social media service or log in using social media credentials, depending on your social media settings, we may have access to your information from that social network such as your name, email address, age, gender and location.
v. Inferences drawn from the information identified above
We may draw inferences about the personal data that we collect to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes.
b) Uses of personal data
We may use your personal data to deliver the services you have requested, to respond to your communications with us and to provide technical support-related service information, as applicable. We use your technical data to help diagnose problems with our server and to administer our Site. Your IP address is used to help identify you and to gather broad statistical information, to provide an audit trail in the case of attempted illegal use of the Site and to guard against spamming.
In addition, we may use your personal data to:
• customize, analyze, adjust and improve the Site and our services to better meet your needs;
• inform you about other services and products that may be available through us, our affiliated companies and our marketing partners through targeted advertising, delivery of relevant email content and event and product promotions;
• understand user patterns and behavior;
• respond to your inquiries, whether via email, online chat or another format;
• enforce our agreements with you; for instance, to establish or defend legal claims and allegations or if we believe you have or are violating this Privacy Policy;
• provide you with important administrative information regarding the Site and the services, such as changes to this Privacy Policy or our other related policies, and to, more generally, facilitate communication between Flexcon and you;
• ensure security of the Site and to prevent, detect or investigate fraud, suspected or actual illegal activity, violations of company policy or rules or other misconduct; and
• protect or defend our rights or property, even without a subpoena, warrant or other court order.
All personal data will be treated and processed based in the principles of legality, consent, Information, quality, purpose, loyalty proportionality and responsibility, as set forth in applicable law.
c) New product offerings / promotional emails
If you choose to receive promotional e-mails from us, we will ask you to provide us with your e-mail address. We will not send you promotional e-mails unless you have specifically asked to receive them. We collect some of the personal data above from your response to and use of promotional e-mails. If at any time after you subscribe to receive e-mail promotions you no longer want to receive them, you may unsubscribe by replying with the word "unsubscribe" in the subject heading of your e-mail (opt-out). You can also send us an email to privacy@flexcon.com at any time with your request to unsubscribe.
d) Customer inquiries
In order to respond to inquiries, we also collect customer personal data from customers who contact our customer service with inquiries via telephone or email. Personal data is also stored in the third-party lead management system and in a Survey Software that is hosted by our service provider but will not be disclosed or otherwise made available to any other party.
2) Disclosure of your personal data
a) Disclosing to employees, contractors and service providers
Personal data may be processed by us or by our service providers for the purposes outlined in this Privacy Policy. As such, and to the extent permitted by applicable law, your personal data may be shared with certain employees, contractors or service providers that have a need to know such information for the purposes set forth in this Privacy Policy. Some of those employees, contractors, service providers and affiliated organizations may be located outside of your home country.
b) Disclosure to others
We may disclose any information, including, without limitation, the personal data covered by this Privacy Policy, as we deem necessary, in our sole discretion and without your prior permission, to comply with any applicable law, regulation, legal process or governmental request (e.g., requests and audits by data protection agencies) and to seek advice from lawyers, auditors and other professional advisers. We may also grant access to certain information (including your personal data), subject to confidentiality restrictions, in connection with a sale, merger, liquidation, dissolution or insolvency proceeding involving Flexcon or its assets.
c) Disclosing to third parties
We do not sell your personal data to third parties for their marketing purposes without your express consent, and we only share data for the purposes of targeted or cross-context behavioral advertising as outline above. We do not grant our advertisers access to your personal data.
We will ask for your consent before using your personal data for a purpose other than those that are set out in this Privacy Policy.
3) Retention of your data
We will retain your personal data for as long as needed or permitted in light of the purposes for which it was obtained. The criteria used to determine our retention periods include: (a) the length of time we have an ongoing relationship with you and provide services to you, (b) whether there is a legal obligation to which we are subject, and (c) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).
4) Other websites
Other websites that may be linked to/from the Site may have different policies. These links to other websites do not imply affiliation or endorsement of a linked site. You should review the policies on these other websites to understand their policies and practices. We do not assume, and expressly disclaim, any liability for third parties that have been provided with information as permitted by this Privacy Policy or who have collected information as permitted by this Privacy Policy.
5) Protection against unauthorized access
Flexcon takes appropriate measures to safeguard your personal data and to prevent unauthorized access to that information in its internal procedures and technology. However, we do not promise, and you should not expect, that your personal data are always safe against cyber-attacks, involuntary data loss or hacking. We have implemented physical, electronic, administrative, and procedural safeguards to protect your personal data from unauthorized access and use. While we strive to protect your personal data, no data transmission over the Internet is 100% secure and, consequently, we cannot guarantee the security of any information, nor should you expect that your personal data, searches or other communications with us will always remain secure. In the event of a breach of the confidentiality or security of your personal data, we may notify you directly as necessary so you can take appropriate protective steps. We may notify you under such circumstances using the e-mail address(es) that we have on record for you.
6) No Marketing to Children and Minors
This Site is directed at businesses and their representatives and does not target or intend to collect personal data from children or minors. To use the Site or any of service, you must be the age of legal majority in your place of residence. By using the Site or any of our services, you hereby represent that you are at least the age of legal majority in your place of residence or have otherwise provided us with parental consent. We are concerned about the privacy and safety of children and minors when they use the Internet, and we will never knowingly request or collect personal data online from children or minors without prior verifiable parental consent. All information provided to us will be treated as if it was provided by an adult. In accordance with the US Children's Online Privacy Protection Act of 1998 and similar non-US laws and regulations, if we discover that a child under 13 has provided us with personal data, we will remove it from our systems. Further, we do not have actual knowledge about selling or sharing personal information of consumers under the age of 16.
7) Removal / update of your personal data, revocation of consent for data processing
If you would like to (A) access, rectify, modify or delete your personal data (including, without limitation, your User Login, email address, contact information, user preferences) or (B) revoke your consent for the processing and treatment of your personal data, you can do this by calling our toll free number 1-800-821-9455. Alternatively, you can also send an email to privacy@flexcon.com with clear instructions about the personal data that you would like to have accessed, rectified, modified or deleted. You must promptly update your personal data if it changes or is inaccurate. We are not responsible for removing your personal data from the lists of any third party who has previously been provided your personal data in accordance with this Privacy Policy. Residents of Australia, California, China, and the EU/EEA should also review the applicable addendum that addresses their privacy rights.
8) Cross-border transfer
The Site is hosted in the United States. If you are visiting the Site from outside the United States, your information may be transferred to, stored in, and processed in the United States or other countries in accordance with this Privacy Statement. The data protection and other applicable laws of the United States or other countries may not be as comprehensive as those laws or regulations in your country or may otherwise differ from the data protection or consumer protection laws in your country. Your information may be available to government authorities under lawful orders and law applicable in such jurisdictions. By using the Site and/or providing personal information to us, you consent to the transfer of your information to our facilities as described in this Privacy Policy.
9) Revisions to the Privacy Policy
We may amend this Privacy Policy at any time by posting the amended terms on the Site. All amended terms shall automatically be effective 30 days after they are initially posted on the Site.
10) How to contact us
If you have any suggestions, questions, or concerns about this Privacy Policy or if you want to know which personal data, we have stored pertaining to you, please contact us at:
Flexcon Company, Inc.
1 Flexcon Industrial Park
Spencer, MA 01562
USA
Email: privacy@flexcon.com
Addendum to the Flexcon Global Privacy Policy – UK/EU/EEA
GDPR Data Protection Notice
Flexcon and its affiliates (identified below) in the European Union ("EU") and the United Kingdom (“UK”) (hereinafter collectively, "Flexcon", "we" or "us") collect and process personal information provided to us from, or that we obtain on behalf of, our suppliers/customers/outside contacts in the course of providing services to them.
The Flexcon affiliates in the EU are located at:
Flexcon Europe Limited
Whitworth Road
Southfield Industrial Estate
Glenrothes, Fife KY6 2TF
Scotland - UK
Flexcon Europe Limited
Flevolaan 3
1382 JX Weesp
P.O. Box 131
1380 AC WEESP
The Netherlands
Email contact for both: privacy@Flexcon.com
This Data Protection Notice ("Notice") is provided in accordance with applicable privacy laws including, but not limited to, laws implementing the General Data Protection Regulation 2016/679 ("GDPR"),the national laws referring to it, and the UK GDPR (the "Data Privacy Laws"). It applies only to former, current and prospective suppliers/customers/outside contacts ("third parties") whose UK/EU personal data we process on their behalf or on behalf Flexcon. It identifies the personal data we receive and how we use this information to serve the third parties and do business with the third parties. The legal basis for processing of your data includes the purposes set forth in this Privacy Policy.
We provide various commercial services to our customers. In this respect, we are likely deemed a data controller under applicable Data Privacy Laws with respect to the personal data we obtain from third parties about their personnel and other individuals with whom we work. To the extent that we are deemed a data controller under applicable Data Privacy Laws, this Notice fulfils our obligation to provide information to the third parties whose personal data we process in this capacity.
We include in this Notice a summary of rights regarding the personal data of third parties that we process in our capacity as a data controller in the course of our services to our customers and other third parties. This Notice is offered as an addendum to our Global Privacy Policy, as amended. If there is any conflict between the Global Privacy Policy and this Notice, the Notice shall govern.
Personal data
The EU personal data that we process primarily include contact details for the third parties and their employees and their other personnel, along with any other data relating to such individuals in which they are identified or from which they are identifiable. Only to the extent provided to us by a third party or its employees or other personnel, this includes each individual's name and contact information, and information about where the individual works.
We collect various types of personal data from different sources, including from:
• directly from the third parties;
• public sources, such as the internet sites; and
• from any vendor engaged by us or by the third parties to provide services on our customer's behalf.
What we do with this personal data
The personal data we collect is used in connection with and to provide its commercial services to its customers, notably to facilitate our provision of such services, to respond to queries, and for other professional dealings with third parties. Where and to the extent required by a court order or a request from a governmental or regulatory authority, we may also disclose this personal data to the court or governmental or regulatory authority.
Where personnel employed or engaged by a third party and contacts consent to our use of their personal data for marketing purposes we use their data to newsletters, new product introductions or promotions, notices of product changes or discontinuations, any legal updates and to invite them to events hosted or sponsored by us. Individuals can unsubscribe from these marketing communications at any time after initially providing consent.
Flexcon will not use this EU personal data for any additional purposes without express consent to do so, unless we have another lawful ground on which to use this information under the Data Privacy Laws. Any such consent is revocable at any time. Flexcon is not using EU personal data for automated decision making, including profiling.
We are also permitted to process this personal data to comply with our legal and regulatory obligations and/or our contractual obligations to the third parties to provide the services to them and our own legitimate interests.
Some of this personal data is processed by us outside Europe, including in the United States, and is held on secured servers. Flexcon's European affiliates take steps to safeguard the privacy and security of all categories of personal data as required under the Data Privacy Laws. Flexcon uses the EU Standard Contractual Clauses that the European Commission has approved and can be obtained through the contacts mentioned in this Notice. Flexcon shares the personal data for the purposes mentioned in this Notice only to the extent that this is necessary to provide the services to our customers and other third parties. Our security measures to protect the personal data are described below in this Notice.
We do not allow any third parties to have access to this personal data, except as required or permitted by applicable laws or in accordance with the Privacy Policy. We may disclose this personal data to our subcontractors, agents, legal advisers, auditors and other relevant business advisers. Such recipients may be located in the United States. We require that our subcontractors, agents, legal advisers, auditors and other relevant business advisers agree in writing to comply with the privacy and to ensure an adequate level of data protection as defined in the GDPR (EU Regulation 2016/679).
There may be instances when we disclose this personal data to other parties to:
• Comply with the law or respond to compulsory legal processes (such as a search warrant or court order) or in response to a request for information from a regulator or governmental authority, or in the course of actual or anticipated litigation or otherwise for legal purposes; and/or
• Protect the rights, property or safety of Flexcon, or any of our respective affiliates, business partners, or other third parties, or otherwise in the legitimate business interests of Flexcon and/or our affiliates and in accordance with Data Privacy Laws.
• We may share this personal data with other business entities in connection with the sale, assignment, merger or other transfer of all or a portion of Flexcon's business to that business entity. We will require that such recipients undertake to protect this personal information as required by the Data Privacy Laws.
How Flexcon protects personal data
We are regularly audited for adherence to the ISO 9001 standard and are currently certified. We backup data every day to a secure offsite location which is GDPR compliant. Firewalls in our facilities are updated by the company IT department. Hard drives on PCs and laptops are protected by industry-standard encryption software. A stock of encrypted pen drives is maintained should staff require to transport personal data off site.
Flexcon understands that storing personal data in a secure manner is an essential requirement of the Data Privacy Laws and, therefore, employs reasonable physical, technical and administrative safeguards to secure such data against foreseeable risks, including unauthorized use, access, disclosure, destruction, or modification. You also have the right to transmit your personal data to another company etc. (data portability). More specifically, our information security team has developed policies, standards and procedures to support and enforce preventive and detective operational controls to ensure the confidentiality, integrity, and availability of Flexcon's data. We utilize preventive and detective controls such as Log Collection Analysis and Event Correlation, Perimeter Protection, Account Security, Physical Security, User Access, Encryption, Data Loss Prevention, and Vulnerability Management to safeguard the data of third parties. In addition, Flexcon personnel are required to read Flexcon's code of business conduct and confidentiality and data security policies which are available to them online via the company internal network.
Although we make good-faith efforts to store the information we receive from and on behalf of the third parties in a secure operating environment that is not available to the public, Flexcon cannot guarantee complete security. Further, while we work to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information.
How long we keep it
We retain the personal data for the duration of the business relationship with the third party and, depending on the applicable jurisdiction in which a third party is located, after the end of the engagement, unless the information is needed longer for legal, regulatory, audit, and tax requirements.
Data protection rights under the GDPR
Individuals in the EU have the right to access their personal data and to ensure that it is accurate, and to request that we delete and/or restrict the processing of their personal data in accordance with, and subject to, the Data Privacy Laws. To enforce any of these rights, or for any further privacy-related question or concern you may have, you can contact us by email at privacy@flexcon.com. If you are not satisfied with our response, you can complain to the data protection authority in your country of residence or in the Flexcon affiliate's place of residence (the Dutch Data Protection Authority - Autoriteit Persoonsgegevens (AP) at https://autoriteitpersoonsgegevens.nl/nl/contact-met-de-autoriteit-persoonsgegevens/informatie-en-meldpunt-privacy ).
Addendum to the Flexcon Global Privacy Policy – California, United States
Last updated: 3/31/2024
This adendum is made in addition to the Flexcon Global Privacy Policy for users and browsers that are residents of the State of California. If there is any conflict between the Global Privacy Policy and this addendum, the addendum shall govern.
For our California residents, your personal information is subject to the California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, “CCPA”). In addition to the sources and uses listed in the Global Privacy Policy above, if we receive your personal information in the form of contact details from business events, for example as part of a business appointment (e.g., by exchanging business cards), or as part of any other form of collaboration, we may use your contact and business details to maintain our business contacts. For this purpose, we may transfer your contact details to our internal database.
Pursuant to the CCPA, as a California resident, you have the following rights with respect to your personal information:
• The right to know what personal information we have collected, used, disclosed, and sold about you, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information we have collected about you.
• The right to correct inaccuracies in your personal information, taking into account the nature of the personal information and the purposes of the processing.
• The right to request that we delete personal information we have about you.
• The right to opt-out of the selling or sharing of your personal information, which you can exercise through the contact form available on our website or by modifying your privacy preferences (e.g., Global Privacy Control), available through certain internet browsers and extensions, that signal your preference to opt out. Please note that clearing your cookies at any time will remove the signal of your selected privacy preferences.
In addition, and as set forth below, California law requires us to identify, for the 12-month period prior to the date of the Global Privacy Policy or of this addendum (whichever is later), what information we may have “sold” or “shared” about you. For the 12-month period prior to the date of this Privacy Policy, Flexcon has not sold any personal information about its customers. For the 12-month period prior to the date of this Privacy Policy, Flexcon has only shared personal information about its customers as described above. Flexcon does not use or disclose sensitive personal information, as defined in applicable laws, for any purposes other than those permitted by applicable law.
Opt-Out Preference Signals: We are working towards enabling Global Privacy Control (GPC) as an additional way for you to submit a request to opt out of the sale and sharing of your personal data through browsers and/or browser extensions that support such a signal. Until then, you can opt out of the use of third-party cookies for personalized advertising by setting your cookie preferences on our website from the Preferences button at the bottom of the main site or on your browser.
To submit any of the above requests, you may contact us at 1-800-821-9455 or email us at privacy@flexcon.com You may also designate an authorized agent to make a request on your behalf. When you submit a request to us, we will verify your identity by asking you to provide us with additional information such as your email address, order numbers of previous orders of our products and services. We also may use a third-party verification provider to verify your identity. We will endeavor to honor such requests unless such a request conflicts with certain lawful exemptions under California’s consumer privacy law. Please note that we are only required to honor requests to know twice in a 12-month period.
We do not discriminate against California residents who exercise any of their rights described here. Your exercise of these rights will have no adverse effect on the price and quality of our goods or services.
We generally do not use automated decision-making technology, as that term is defined by the CCPA. If we make use of automated decision-making technology, you will be informed through a separate privacy notice.
Addendum to the Flexcon Global Privacy Policy – China
This addendum is made in addition to the Flexcon Global Privacy Policy for users and browsers in the People’s Republic of China. If there is any conflict between the Global Privacy Policy and this addendum, the addendum shall govern.
1. Comply with Chinese legal requirements
Flexcon shall take all necessary measures to protect your personal data collected from the People’s Republic of China, and comply with P.R.C Personal Privacy Protection Law and Cyber Security Law.
2. Data Sharing with Third Party
We do not sell your personal data to third parties for their marketing purposes without your express consent. However, your personal data may be disclosed by us in the normal course of business of providing goods and services to customers, including but not limited to, third party service providers. While the information is disclosed to the third party, we shall restrict further process of the personal data by it and require protection measures to be taken properly.
3. Sensitive Personal Information and No Marketing to Children
Flexcon would not collect or process any sensitive personal information, including but not limited to biometrics, religious belief, special identity, medical health, financial account information, traveling records and other important information relate to the personality and property of you. if any sensitive personal information is obtained without advance consent from you, we will remove it from our systems. For particular purposes if sensitive personal information is collected from you, we will surely obtain your express consent on each personal information collected and processed in advance. Alternatively, all information provided to Flexcon will be treated as if it was provided by an adult. In accordance with the P.R.C Personal Privacy Protection Law, if we discover that a child under 14 has provided us with personal data, we will remove it from our systems unless consent from parents or other guardians.
4. Retention Period
We retain the personal data for the duration of completing the purpose as designated and shall be kept as short as possible and legally required.
5. Other Rights
Flexcon shall provide you the way to transmit the personal data you provided to us to any designated personal information controller upon request to use the right to data portability, on the basis of complying with the regulations of P.R.C. cyberspace administration bureau.
Addendum to the Flexcon Global Privacy Policy – Australia
This addendum is made in addition to the Flexcon Global Privacy Policy for users and browsers in Australia. If there is any conflict between the Global Privacy Policy and this addendum, the addendum shall govern.
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (the Privacy Act). The APPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au.
Sensitive Information
Sensitive information is defined in the Privacy Act as information or opinion about an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information. Flexcon does not collect sensitive information through the Website, about Website visitors, or otherwise about actual or potential customers or end consumers.
Access and Deletion Rights
You have the right to access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to make a request to access, update or correct your Personal Information, please contact us in writing at privacy@flexcon.com. There is no fee for your access request. We may require identification from you before releasing the requested information.
When your Personal Information is no longer needed for the purposes for which it was obtained or the purposes described in this Privacy Policy, we will take reasonable steps to delete or de-identify your Personal Information.