Last Updated: May 2018
- (i) how your Personal Data is Processed by ESCO Corporation, a company incorporated under the State of Oregon (USA), with registered office located in Portland, Oregon (USA) at 2141 NW 25th Ave., Portland, OR 97210, and its subsidiaries and affiliated companies acting as a data controller (collectively, "we", "our" or "us"); and
- (ii) your rights and our obligations in relation to such processing.
In relation to the Processing of your Personal Data, we will comply with the relevant laws and regulations relating to the protection of individuals with regard to the Processing of their Personal Data (the "Data Protection Legislation"), including for the European Union (a) until May 24, 2018, the national laws implementing Directive 95/46/EC of the European Parliament and of the Council of October 24, 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and Directive 2002/58/EC of the European Parliament and of the Council of July 12, 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector, (b) as of May 25, 2018, Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, the "GDPR") and (c) any other relevant national privacy law.
Collection of Information
Information You Provide to Us
We collect information, including Personal Data, you provide directly to us in connection with the Services, based on valid legal grounds including the necessity for the provision of the Services, our legitimate interest or, as may be legally required, your consent, depending on the circumstances. For example, we collect information when you create an online/mobile application account and/or profile, use or access the Services, request or purchase the Services, fill out a form, provide us with your business card or other contact information, complete a survey, visit our booth at conferences, sign up to receive one of our newsletters, make a purchase, communicate with us via third party social media sites, apply for a job, request customer support or otherwise communicate with us.
The types of Personal Data and other information we may collect include, but are not limited to, your name, email address, password, postal address, phone number, company name and contact details, job function, job title, names and contact information of individuals you work with, work related records and reports (including the location of a mining site), equipment, device, and tool information related to your account (e.g., serial number and date purchased), payment and payment card information, service activation codes, photographs, notes, Internet Protocol ("IP") address, and any other information you choose to provide.
Providing your Personal Data to us is voluntary, but required to use our Services.
Information We Collect Automatically When You Use the Services
When you access or use our Services, we may automatically collect information, such as:
- Log Information: We log information about your use of the Services, including your Internet Protocol ("IP") address, the type of browser you use, access times, pages viewed, number of clicks, and the page you visited before navigating to our Services.
- Device Information: We collect information about the computer or mobile device you use to access our Services, or information about certain ESCO equipment, tools or devices you use, including the hardware model, MAC address, operating system and version, unique device identifiers and mobile network information.
- Location Information: We may collect information about the precise location of your device when you consent to the collection of this information. For more details, please see "Your Rights" below. We may also collect information about the approximate location of your device each time you access our Services.
- Network Information: We may collect information about your network, such as information about devices, nodes, configurations, connection speeds and network and application performance.
- Usage Information: We may collect information about your use of our Services, such as how often the Services are used, the duration and quality of use, the types of use (e.g. data creation, storage, access, deletion), calibration data, project configuration data and operator data.
- Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, including cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular and count visits. Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. For more information about cookies, and how to disable them, please see "Your Rights" below. Cookies installed on your system will be stored for a period of no more than two years from setup/update.
Information We Collect From Other Sources
We may also obtain information, including personal information, from other sources (for example, people you work with) and combine that with information we collect about you.
Purposes of the processing
We may use information, including your Personal Data, for providing, maintaining and improving our Services and in particular for the following purposes:
- Provide and deliver the products and services you request, process transactions and payment data and send you related information, including confirmations and invoices;
- Resolve technical issues related to the Services, and send you technical notices, updates, security alerts and support and administrative messages;
- Respond to your comments, questions and requests, and provide customer service;
- Communicate with you about products, services, offers, free trials, surveys, and events offered by us and others, and provide news and information we think will be of interest to you, including through electronic communications with your consent or where otherwise permitted by applicable law; (please see "Your Rights" below)
- Monitor and analyze trends, usage and activities in connection with our Services and related equipment and those of third parties, with your consent or where otherwise permitted by applicable law;
- Personalize and improve the Services, and provide advertisements, content or features that match user profiles or interests, with your consent or where otherwise permitted by applicable law;
- Link or combine with information we get from others to help understand your needs and provide you with better service; and
- Carry out any other purpose which is compatible with the purpose for which the information was collected.
Use of Information
- With distributors, resellers, channel partners and others in connection with the sale and marketing of products and services offered by ESCO or on behalf of ESCO with your prior permission or where otherwise permitted by applicable law (please see "Your Rights" below for more information about your choices with respect to this type of sharing);
- With other users at your direction or through functionality available in the Services;
- With vendors, consultants, and other service providers who need access to such information to carry out work on our behalf;
- With third parties who need access to such information to perform a service that you requested;
- In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
- If we believe your actions are inconsistent with our user agreements or policies, or to protect our rights, property and safety and the rights, property and safety of others;
- In connection with, or during negotiations of (including due diligence), any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company, subject to our taking such further steps as may be required by applicable law; and
- With your consent or at your direction, such as where you decide to share information through an external API.
In the above cases, the third parties having access to your Personal Data may act as data processors on our behalf and under our documented instructions.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
Unless otherwise legally required, we retain your Personal Data for as long as you have a registered account with us or as long as needed to provide you the Services.
Taking into account the state of the art of the technology, the costs of its implementation, the nature of the data and the risk of the processing, we implement appropriate technical and organizational measures to ensure a level of security and confidentiality of our systems so as to protect your Personal Data against accidental or unlawful destruction or alteration, accidental loss, theft, misuse, alteration and unauthorized access or disclosure or access, unlawful or accidental destruction and against other unlawful forms of processing.
Transfer of Information to the U.S. and Other Countries
The file containing your Personal Data will be stored at our offices or on our servers and those of our service providers, which may be located in the U.S. or other countries which may not have a level of data protection law equivalent to that of your country, and your Personal Data may become subject to the laws of such foreign jurisdictions including those that may grant access to your Personal Data to the authorities of such foreign jurisdictions. In this case, we will take the following measures as required under the GDPR to ensure such transfer is carried out in compliance with the applicable data protection rules.
The European Commission has approved the use of model contract clauses as a means of ensuring adequate protection when transferring data outside of the European Economic Area (EEA). By incorporating model contract clauses into a contract established between the parties transferring data, personal data can be protected when transferred outside the EEA to countries which have not been deemed by the European Commission to adequately protect personal data. ESCO has incorporated model contract clauses into agreements between ESCO’s European subsidiaries and ESCO Corporation where data processing occurs.
You have the right to access your Personal Data as processed by us. If you believe that any information relating to you is incorrect, obsolete or incomplete, you may request the correction or update thereof. We will then promptly verify and, where confirmed, correct or update any such information. Alternatively, in applicable systems you can log into your online account and update your information.
You have the right to request erasure of your Personal Data or restriction of processing concerning your Personal Data. You also have the right to data portability (i.e. the right to obtain the Personal Data you have provided to us in a structured, commonly used and machine-readable format and to request the transmission of such Personal Data to you or a third party of your choice without hindrance from us and subject to your confidentiality obligations).
If you wish to deactivate or delete your account, please email us at firstname.lastname@example.org
, but note that we may retain certain information as required by law or for legitimate business purposes. Note that any updates, corrections, deletions of data or account deletions are subject to approval or confirmation by your employer, the enterprise account holder, as applicable.
You may opt out of receiving promotional emails from us by following the instructions in those emails or by emailing us at email@example.com. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.
When you first launch some of our mobile applications or access certain features in the mobile applications, you will be asked to consent to the collection of location information. If you initially consent to our collection of location information, you can later stop this collection by changing the settings on your mobile device. If you do so, certain features of our Services will no longer function, such as RFID-enabled asset tracking. You can also stop our collection of location information by our mobile applications by following the standard uninstall process and removing all ESCO applications from your mobile device.
With your consent, we may send push notifications or alerts to your mobile device for updates and communications related to the Services. You can deactivate these messages at any time by changing the notification settings on your mobile device.
If you are not satisfied with how we process your Personal Data, please let us know and we will investigate your concern. You also have the right to make a complaint to the competent data protection authorities, in addition to your other rights.
or send a letter to ESCO Privacy Officer, 2141 NW 25th
Ave. Portland, OR 97210 with a scan of your identity card for identification purpose.