Effective Date: January 1, 2020
This Policy aims to give you information on how Sekisui collects and processes your Personal Information through your use of the Site, including any data you may provide through the Site when you interact with us in provisions of services to you (the “Service”). For example, we may collect this information through various forms and in various places on the Service, including newsletters and marketing subscription forms, through “contact us” forms, or when you otherwise interact with the Service.
It is important that you read this Policy together with any other privacy notice or fair processing notice we may provide to you so that you are fully aware of how we collect, proves, and use your Personal Information. This Policy supplements the other notices and is not intended to override them.
Personal Information means any information about you that can, directly or indirectly identify you. It does not include data that cannot identify you (anonymous data).
We may collect, use, store and transfer the following different kinds of Personal Information about you:
- Identity Dataincludes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
- Contact Dataincludes billing address, delivery address, email address and telephone numbers.
- Financial Dataincludes bank account and payment card details.
- Transaction Dataincludes details about payments to and from you and other details of products and services you have purchased from us.
- Technical Dataincludes internet protocol (IP) address, 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 the Site.
- Profile Data includes purchases or orders made by you, your preferences, feedback and survey responses.
- Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your Personal Information but is not considered Personal Information in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Site feature. However, if we combine or connect Aggregated Data with your Personal Information so that it can directly or indirectly identify you, we treat the combined data as Personal Information which will be used in accordance with this Policy.
Where you have provided us with Personal Information or Demographic Information as part of an online application for employment or an internship, we may use that information in order to allow us to make an informed decision about whether to proceed with your application. We may, as part of this recruitment process, collect information about your education, employment history and other similar matters. These types of Personal Information may be considered Special Categories of Personal Information. The processing of these Special Categories of Personal Information is necessary for the purposes of carrying out the obligations and exercising our rights when deciding whether to recruit you.
IF YOU FAIL TO PROVIDE PERSONAL INFORMATION
If you fail to provide Personal Information to us where we need to collect that Personal Information by law, or under the terms of a contract we have with you, we may not be able to perform upon that contract (for example, to provide you with goods or services). In such cases, we may have to terminate the contractual relationship. We will provide you written notice of the termination and the reasons for it within a reasonable time.
We use different methods to collect your Personal Information, including the following:
- Direct interactions.You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes Personal Information you provide when you:
- fill out a contact us form;
- subscribe to our Service or publications;
- request our marketing communications be sent to you;
- fill out an employment application; or
- give us some feedback about the Site, Service, or other issues.
- Third parties or publicly available sources.We may receive Personal Information about you from various third parties including friends and others that use the Service, such as when they submit content to us or post on the Service. Additionally, we may, from time to time, supplement the information we collect directly from you on our Site with outside records from third parties. We also receive Technical Data from analytics providers such as Google Analytics. We do not sell your Personal Information to third parties.
- Third-Party Links. The Site may contain content that is supplied by a third party, and those third parties may collect Usage Information and your device identifier when pages from the Site are served to you. In addition, when you are on the Site you may be directed to other services that are operated and controlled by third parties that we do not control. We are not responsible for the data collection and privacy practices employed by any of these third parties or their services and they may be tracking you across multiple sites and may be sharing the results of that tracking with us and/or others. For example, if you “click” on a link, the “click” may take you off the Site onto a different site. These other sites may associate their Tracking Technologies with you, independently collect data about you, including Personal Information, and may or may not have their own published privacy policies. Third-party applications may also be available via the Site. The owners of these applications may collect Personal Information and other data from you and may have their own policies and practices. We are not responsible for how third-party or their applications collect or use your information and they may be tracking you across multiple sites and may be sharing the results of that tracking with us and/or others. These third-party owners may have their own terms of service, privacy policies or other policies and ask you to agree to the same. Be sure to review any available policies before submitting any personally identifiable information to a third-party application or otherwise interacting with it and exercise caution in connection with these applications.
It is important that the Personal Information we hold about you is accurate and current. Please keep us informed if your Personal Information changes during your relationship with us. The Service will allow you to review, correct or update Personal Information you have provided through the Services’ forms or otherwise, and you may provide updates and changes by contacting us using the contact us section (Please see contact details at the end of this policy). European residents should also read our EU Legal Rights section below, and California consumers should review our California Privacy Rights section below as well.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL INFORMATION
We will only use your Personal Information when the law permits such use. Most commonly, we will use your Personal Information for the following business purposes:
- To perform our contractual obligations to 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. Our legitimate interests include:
- To provide you with information or services or process transactions that you have requested or agreed to receive, including to send you electronic newsletters, or to provide you with special offers or promotional materials on behalf of us or third parties;
- To enable you to participate in a variety of the features of the Service;
- To process your registration with the Service, including verifying your information is active and valid;
- To improve the Service or create new offerings, to customize your experience on any of the Service, or to serve you specific content that is most relevant to you;
- To contact you with regard to your use of any use of the Service and, in our discretion, changes to the Service and/or the Service’s policies;
- For internal business purposes such as complying with our internal policies;
- To protect our interests, including establishing, exercising and defending legal rights and claims.
- For purposes disclosed at the time you provide your information or as otherwise set forth in this Policy.
- Where we need to comply with a legal or regulatory obligation.
Generally, we do not rely on consent as a legal basis for processing your Personal Information other than in certain instances.
We may process your Personal Information for more than one lawful ground depending on the specific purpose for which we are using your data.
PROMOTIONAL OFFERS FROM US
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you and which products, services or offers may be most relevant for you.
You will receive marketing communications from us if you have requested information from us or purchased services from us or if you provided us with your details when you registered for a promotion and, in each case, you have not opted out of receiving that marketing.
We do not share your Personal Information with third parties for third party marketing purposes unless we have given you the choice to consent. If you’re a EU resident, we will get your express opt-in consent before we share your Personal Information with any company outside the Sekisui Group of companies for marketing purposes.
You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails or by contacting us (please see contact details at the end of this policy).
Where you opt out of receiving these marketing messages, this will not apply to Personal Information provided to us as a result of a service purchase, service experience or other transactions.
We obtain your consent to our information storage or collection Tracking Technologies by providing you with transparent information in this Policy, as well as providing you with the opportunity to make a choice to disable cookies when you first access our site.
You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails or by contacting us (please see contact details at the end of this policy).
Please note that opting out of receiving marketing messages, this will not apply to Personal Information provided to us as a result your use of the Service.
CHANGE OF PURPOSE
We will only use your Personal Information 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 (please see contact details at the end of this policy).
We will not use your previously collected Personal Information in a manner materially different than represented at the time it was collected without your consent or explaining our legal basis for doing so.
Please note that we may process your Personal Information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
We may have to share your Personal Information with the parties set out below for the purposes set out below. We require third parties to respect the security of your Personal Information and to treat it in accordance with the law.
- External Third Parties:
- You may be presented with an option on our Service to have us send certain information to third parties or give them access to it. If you choose to do so, your Personal Information and other information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties.
- We may use third-party vendors to perform certain services on our behalf or on behalf of the Service, such as recruitment services, hosting the Service, designing and/or operating the Service’s features, tracking the Service’s activities and analytics, and enabling us to send you special offers or perform other administrative services. We may provide these vendors with access to user information, including device identifiers and Personal Information, to carry out the services they are performing for you or for us. Third-party analytics and other service providers may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to information, potentially including Personal Information, about you.
- When we are required to do so by law.
- Internal Third Parties. We may share your information within the Sekisui Group.
- Business Transactions. We may share your information with 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 Information in the same way as set out in this Policy.
- Legal Process. Subject to applicable law, we may disclose information about you (i) if we are required to do so by law, regulation or legal process, such as a subpoena; (ii) in response to requests by government entities, such as law enforcement authorities; (iii) when we believe disclosure is necessary or appropriate to prevent physical, financial or other harm, injury or loss; or (iv) in connection with an investigation of suspected or actual unlawful activity.
- Law Enforcement. We may report to law enforcement agencies any activities that we reasonably believe to be unlawful, or that we reasonably believe may aid a law enforcement investigation into unlawful activity. In addition, we reserve the right to release your information to law enforcement agencies if we determine, in our sole judgment, that either you have violated our policies, or the release of your information may protect the rights, property, or safety of us or another person.
The above does not affect your legal rights under the relevant data protection legislation of your country.
We may share your Personal Information within the Sekisui Group. A number of members of the Sekisui Group our located outside the European Economic Area (EEA) or Switzerland, including Sekisui Diagnostics, LLC, which is located in the United States of America. This may involve transferring your data outside of the EEA or Switzerland. The data protection laws may differ from those of the country in which you are located.
Whenever we transfer your Personal Information out of the EEA or Switzerland, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your Personal Information to countries that have been deemed to provide an adequate level of protection for Personal Information.
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give Personal Information the same protection it has in Europe.
- Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to Personal Information shared between the Europe and the US.
Under certain circumstances, Sekisui Diagnostics, LLC may bear liability for onward transfers of personal information where the Sekisui Group processes personal information inconsistent with the Privacy Shield Principles, unless Sekisui Diagnostics, LLC proves that it is not responsible for the event giving rise to the damages.
In compliance with the Privacy Shield Principles, we commit to resolve complaints about your privacy and our collection or use of your personal information. EU and Swiss individuals with questions or concerns about the use of their Personal Data should contact us at: Maxine.Lehane@Sekisui-dx.com.
If a Customer’s question or concern cannot be satisfied through this process, we have further committed to refer unresolved privacy complaints to an independent dispute resolution mechanism operated by the American Arbitration Association.
If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed by us, EU or Swiss individuals may bring a complaint before the ICDR-AAA Privacy Shield Services program, which can be found at: https://www.icdr.org/privacyshield. Finally, as a last resort and in limited situations, EU or Swiss individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism. The Federal Trade Commission (FTC) has jurisdiction over our compliance with the Privacy Shield.
We have put in place reasonable security measures to prevent your Personal Information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your Personal Information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Information on our instructions, and they are subject to a duty of confidentiality. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that you use our Service and provide us with your information at your own risk.
We have put in place procedures to deal with any suspected Personal Information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
HOW LONG WILL YOU USE MY PERSONAL INFORMATION FOR?
We will only retain your Personal Information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorised use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymise your Personal Information (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 CALIFORNIA PRIVACY RIGHTS
The California Consumer Privacy Act of 2018 (“CCPA”) provides consumers (California residents) with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights:
You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
- The categories of Personal Information we collected about you.
- The categories of sources for the Personal Information we collected about you.
- Our business or commercial purpose for collecting or selling that Personal Information.
- The categories of third parties with whom we share that Personal Information.
- The specific pieces of Personal Information we collected about you (also called a data portability request).
- If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
- sales, identifying the Personal Information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 ).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by any of the below methods:
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.
- You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
- We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.
- Making a verifiable consumer request does not require you to create an account with us.
- We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
No Sale Of Personal Information
We will not sell your Personal Information to external third parties for marketing purposes without your consent.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
California’s Shine The Light Law:
We may from time to time elect to share certain information about you collected by us on the Service with third parties for those third parties’ direct marketing purposes. California Civil Code Section 1798.83 permits California residents who have supplied personal information, as defined in the statute, to us to, under certain circumstances, request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. If this applies, you may obtain the categories of personal information shared and the names and addresses of all third parties that received personal information for their direct marketing purposes during the immediately prior calendar year (e.g. requests made in 2017 will receive information about 2016 sharing activities) OR to request to opt-out of such future sharing. To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. You may make this request in writing by contacting us.
We do not track our users and visitors over time and across third party websites to provide targeted advertising. Consequently, we do not respond to Do Not Track (DNT) signals. Other third-party websites may keep track of your browsing activities when they provide you with content, which enables them to customize what they present to you on their websites.
YOUR EUROPEAN PRIVACY RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your Personal Information. You have the right to:
If you are located in the EU, you have the right to opt-in to the collection, tracking and use of your Personal Information. We will not collect Personal Information from you unless you affirmatively accept our data practices as described in this privacy statement.
You have the right to request access to your Personal Information (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.
You also have the right to request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
This enables you to ask us to delete or remove Personal Information 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 Information 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 Information 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
You may object to processing of your Personal Information 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 Information 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
This enables you to ask us to suspend the processing of your Personal Information in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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; or (d) 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 Personal Information to you or a third party
We will provide to you, or a third party you have chosen, your Personal Information 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.
If you wish to exercise any of the rights set out above, please contact us (Please see contact details at the end of this policy).
No fee usually required
You will not have to pay a fee to access your Personal Information (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 may 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 Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information 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 may 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.
This Site is not directed to children and does not provide services to children, or knowingly collect or solicit personal information from children under 16 years of age.
We have appointed a Data Privacy Manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any EEA member requests to exercise your applicable legal rights, please contact us using the details set out below.
Our full details are:
Full name of legal entity: Sekisui Diagnostics, LLC.
Email address: firstname.lastname@example.org
Postal address: Sekisui Diagnostics, LLC. Attn: General Counsel, 1 Wall Street, Burlington, MA 01803, USA
Our contact in the EU is:
Name or title of data privacy manager: Maxine Lehane
Postal address: Sekisui Diagnostics (UK) Limited
Allington Maidstone, Kent, ME160LQ
Email address: email@example.com
If you are based in the EU, you have the right to make a complaint at any time to the relevant supervisory authority for your member state. The supervisory authority in the UK for data protection issues is the Information Commissioner’s Office (ICO) (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach your supervisory authority so please contact us in the first instance.