Privacy Policy

INTRODUCTION

PURPOSE OF THIS PRIVACY POLICY

This privacy policy aims to give you information on how Hydro-Gear collects and processes your personal data through your interface with the Channels, including any data you may provide through the Channels.
The Online Channels are not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.  This privacy policy supplements other notices and privacy policies and is not intended to override them.

CONTROLLER

Hydro-Gear is part of a group of companies being different legal entities.  This privacy policy is issued on behalf of the Group so when we mention “Company”, “we”, “us” or “our” in this privacy policy, we are referring to the relevant company in the Company Group responsible for processing your data.  Hydro-Gear is the controller and responsible for the Channels.
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy.  If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the privacy manager using the details set out below.

CONTACT DETAILS

If you have any questions or comments about this privacy policy or our privacy practices, or desire to correct any of your personal data, please contact our data privacy manager in the following ways:
Full name of legal entity:       Hydro-Gear Limited Partnership
Email address:                          swilmoth@hydro-gear.com
Postal address:                         1411 S. Hamilton Street, Sullivan, IL  61951
Telephone number:                (317) 821-0477, Ext. 467

If you are a resident of the European Economic Area (“EEA”), then you have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk).  We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES

We keep our privacy policy under regular review and reserve the right, at any time and without notice, to add to, change, update, or modify this privacy policy, simply by posting on the Online Channels, without any other notice to you, which will be effective immediately upon posting and your continued use thereafter constitutes acceptance of such changes.
It is important that the personal data we hold about you is accurate and current.  Please keep us informed if your personal data changes during your relationship with us.

THIRD-PARTY LINKS

The Online Channels may include links to third-party websites, plug-ins and applications.  Clicking on those links or enabling those connections may allow third parties to collect or share data about you.  We do not control these third-party websites and are not responsible or liable for their privacy statements.  When you leave our Online Channels, we encourage you to read the privacy policy of every website you visit and caution you to access them at your own risk.

THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified.  It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Contact Data includes your address, email address and telephone numbers.
• Job Applicant Data includes certain Identity Data, salary and compensation data, work history, and academic qualifications.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
• Profile Data includes your user name and password, and preferences.
• Usage Data includes information about how you use our website.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose.  Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity.  For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature.  However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). 

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services).  In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.

HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

• Direct interactions.  You may give us your Identity and Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise.
• Automated technologies or interactions.  As you interact with our Online Channels, we will automatically collect Technical Data about your equipment, browsing actions and patterns.  We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Further details are provided below:
  • Our web servers are capable of automatically collecting Technical Data such as traffic and machine data including Online Channel usage information from visitors thereto. Online Channel usage information informs us about how our visitors use and navigate the Online Channels, including the number and frequency of visitors on each page, their Internet Protocol addresses, the length of their stays and the actions they take.
  • Certain pages of the Online Channels may use cookies and clear graphics interchange format images (GIFs) to track and store visitor information for the purposes described in this policy and to allow us to recognize a visitor as a registered or previous user when returning to applicable Online Channel using the same computer and browser. A cookie is a tiny element of data that a web site can send to a browser, which may then be stored on a hard drive so that the Hydro-Gear server can recognize when that visitor returns. Visitors can erase or block this information from their computers if they so desire.
  • Hydro-Gear may elect to use Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", to help us analyze how visitors use the Online Channels. The information generated by the cookie about use of the specific Online Channel (including IP addresses) may be transmitted to and stored by Google on servers owned by Google. Google will use this information for the purpose of evaluating use of the Online Channels, compiling reports on activity for operators and providing other services relating to 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. The collected data is not tied to any single individual, no individual profiles are created, and Google will not associate an IP address with any other data held by Google. Visitors may refuse the use of cookies by selecting the appropriate settings on their browser; however, please note that full functionality of the Online Channels may be limited.

  HOW WE USE YOUR PERSONAL DATA

  We will only use your personal data when the law allows us to.  Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal obligation.

  PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

  We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so.  We have also identified what our legitimate interests are where appropriate.
  Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.  Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

  Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
  To manage our relationship with you which will include notifying you about changes to our terms or privacy policy.	(a)   Identity (b)   Job Applicant (c)   Contact (d)   Profile	(a)   Necessary to comply with a legal obligation (b)   Necessary for our legitimate interests (to keep our records updated and to evaluate your feedback)
  To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	(a)   Identity (b)   Contact (c)   Technical	(a)   Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise) (b)   Necessary to comply with a legal obligation
  To use data analytics to improve our website, products/services, customer relationships and experiences	(a)   Technical (b)   Usage	Necessary for our legitimate interests (to define types of contributors to keep our website updated and relevant, to develop our business and to inform our strategies)
  To register you as a new customer	(a)   Identity (b)   Contact	Performance of a contract with you

  MARKETING

  You will not receive marketing communications from us.
  

  COOKIES

  You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies.  If you disable or refuse cookies, please note that some parts of the Online Channels may become inaccessible or not function properly.  You may also delete our cookies as soon as you leave our Online Channels.  For more information about how to do so, please refer to our browser ‘help’ section or see http://www.allaboutcookies.org or http://www.aboutcookies.org.  Except a s otherwise disclosed in this privacy policy, we do not currently respond to web browser “ do not track” signals or other mechanisms that indicate your preference for not having information collected over time and across different web sites following your visit to one of our Online Channels.  If we do so in the future, we will describe how we do so in this privacy policy.  Visit http://www.allaboutdnt.org to learn more.
  CHANGE OF PURPOSE
  We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.  If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
  If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
  Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

  DISCLOSURES OF YOUR PERSONAL DATA

  We may share your personal data with the parties set out below for the purposes set out in the table Purposes for which we will use your personal data above.

  • Internal Third Parties as set out in the Glossary.
  • Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets.  Alternatively, we may seek to acquire other businesses or merge with them.  If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

  your
  We require all third parties to respect the security of your personal data and to treat it in accordance with the law.  We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

  INTERNATIONAL TRANSFERS

  We share your personal data within the corporate Group as identified above. This will involve transferring your data with the EEA.
  Whenever we transfer your personal data with the EEA, we ensure a similar degree of protection is afforded to it by ensuring we use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.  For further details, see European Commission:  Model contracts for the transfer of personal data to third countries.
  Please contact us if you want further information on the specific mechanism used by us when transferring your personal data with the EEA.

  DATA SECURITY

  We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed.  In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know.  They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
  We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

  DATA RETENTION

  We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements.  We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
  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 unauthorized use or disclosure of your 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, regulatory, tax, accounting or other requirements.
  In some circumstances you can ask us to delete your data: see “Your Legal Rights” below for further information.
  In some circumstances we will anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

  YOUR LEGAL RIGHTS

  Under certain circumstances, you have rights under data protection laws in relation to your personal data.  Please click on the links below to find out more about these rights:

  • Request access to your personal data.
  • Request correction of your personal data.
  • Request erasure of your personal data.
  • Object to processing of your personal data.
  • Request restriction of processing your personal data.
  • Request transfer of your personal data.
  • Right to withdraw consent.

  If you wish to exercise any of the rights set out above, please contact us.

  NO FEE USUALLY REQUIRED

  You will not have to pay a fee to access your personal data (or to exercise any of the other rights).  However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive.  Alternatively, we could refuse to comply with your request in these circumstances

  WHAT WE MAY NEED FROM YOU

  We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights).  This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.  We may also contact you to ask you for further information in relation to your request to speed up our response

  TIME LIMIT TO RESPOND

  We try to respond to all legitimate requests within one month.  Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests.  In this case, we will notify you and keep you updated.

  GLOSSARY

  LAWFUL BASIS
  Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best and most secure experience.  We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests.  We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).  You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
  Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
  Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

  INTERNAL THIRD PARTIES
  Other companies within the corporate Group as identified above and which are based in the United States of America and Europe and provide IT and system administration services and undertake leadership reporting.

  YOUR LEGAL RIGHTS
  You have the right to:
  Request access to your personal data (commonly known as a “data 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.

  Request correction of the personal data that we hold about you.  This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

  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 where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law.  Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

  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 as you feel it impacts on your fundamental rights and freedoms.  You also have the right to object where we are processing your personal data for direct marketing purposes.  In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

  Request restriction of processing of your personal data.  This enables you to ask us to suspend the processing of your personal data in the following scenarios:

  • If you want us to establish the data’s accuracy.
  • Where our use of the data is unlawful but you do not want us to erase it.
  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
  • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

  Request the transfer of your personal data to you or to a third party.  We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format.  Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

  Withdraw consent at any time where we are relying on consent to process your personal data.  However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.  If you withdraw your consent, we may not be able to provide certain products or services to you.  We will advise you if this is the case at the time you withdraw your consent.

  END OF DOCUMENT