PRIVACY

Pro Mach, Inc. Disclaimer

This page may contain other proprietary notices and copyright information, the terms of which must be observed and followed. INFORMATION ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Pro Mach, Inc. may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

Pro Mach, Inc. does not want to receive confidential or proprietary information from you through our web site. Please note that any information or material sent to Pro Mach, Inc. will be deemed NOT to be confidential. By sending Pro Mach, Inc. any information or material, you grant Pro Mach, Inc. an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Pro Mach, Inc. is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

Information Pro Mach, Inc. publishes on the World Wide Web may contain references or cross references to other products, programs and services that are not announced or available in your country. Such references do not imply that Pro Mach, Inc. intends to announce such products, programs or services in your country. Consult a Pro Mach, Inc. representative for information regarding the products, programs and services which may be available to you.

Pro Mach, Inc. makes no representations whatsoever about any other web site which you may access through this one. When you access a non-Pro Mach, Inc. web site, please understand that it is independent from Pro Mach, Inc. and that Pro Mach, Inc. has no control over the content on that web site. In addition, a link to a non-Pro Mach, Inc. web site does not mean that Pro Mach, Inc. endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

IN NO EVENT WILL PRO MACH, INC. BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Furthermore, all information contained within this website is the property of Pro Mach, Inc. Copyright 2019.

Pro Mach, Inc. Privacy Policy

Pro Mach, Inc., and its affiliates and subsidiaries (collectively, “ProMach,” “us,” or “we”) recognize the importance of data privacy and information security. This Privacy Policy states how ProMach collects, processes, and transfers any Personal Data relating to (i) our customers, vendors, suppliers, or similar business contacts, and (ii) individuals accessing websites or online services that are owned, leased, or maintained by ProMach, such as www.ProMachBuilt.com (collectively, the “Website”). ProMach will only process Personal Data consistent with this Privacy Policy, or the purpose for which it was collected and authorized by you.
 

Defining Personal Data
For purposes of this Privacy Policy, the term “Personal Data” means any information that relates to a natural person who can be identified, directly or indirectly, in particular by reference to an identifier and that is subject to, or afforded protection under, a data protection law, statute, or regulation. For example, Personal Data may include a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
 

Personal Data We Collect and How We Use It
ProMach collects and uses the following, or similar, types of Personal Data in the course of our routine business operations:

Customer, Vendor, Suppliers, and Similar Business Contacts: ProMach may collect and process the following categories of Personal Data concerning our customers, vendors, suppliers, and similar business contacts: name and surname, contact details, job title, bank account details and financial information (including credit/income history), transaction history, business correspondence and communications, and criminal records. We process this information to facilitate routine and common business practices, such as those related to sales orders and management, promotion and quotation submitting, warranty management, credit collection, compliance with legal requirements, tax and accounting purposes, and defense or promotion of our interests and claims.

Website Users: ProMach collects Personal Data for the purpose of providing information or updates about ProMach or its products to individuals who visit the Website. We may also use Personal Data you submit (e.g., name, address, employer) for internal purposes including the administration of the Website and data analytics (as described in more detail below), for compliance with law or legal processes, to satisfy any of our contractual obligations, and to promote ProMach's legitimate interests, such as marketing and promotions.

Social Media Platforms: ProMach is engaged on social media platforms, and you may voluntarily choose to access these platforms, or otherwise follow our activities online. We will only collect the information that you voluntarily provide to us on these platforms, and such information is generally limited to names, online identifiers, email addresses, and other contact information. Please do not post any sensitive Personal Data, or other information that is considered private or confidential, on our publicly available social media platforms.

Consumer Inquiries & Communications: There may be other times that you provide ProMach information about yourself or others. For example, if you communicate with ProMach’s helpline or a sales representative, you may provide your Personal Data, such as contact data (e.g., name, address, telephone, email) and other Personal Data related to your communication (e.g., employer, consumer preferences, and interests). We will collect the Personal Data that we think is reasonably necessary to your inquiry or that is otherwise related to your communication. We will collect and retain such information in accordance with the purposes you provided it, and with our legitimate business interests.
 

Sources Who Provide Us Personal Data
The Personal Data that we collect and process on our customers, vendors, suppliers, and similar business contacts is primarily derived directly from the individual or from his/her business employer. For website users, we collect Personal Data that you choose to enter into, or provide simply by accessing, our Website. ProMach may also receive Personal Data from third-parties who provide services to us, such as trade shows, or mailing or other distribution list services.
 

The Purposes for Personal Data Processing
The categories of Personal Data we collect and purposes for which they are processed are as follows:

Complete a Transaction: You provide Personal Data to ProMach so we can provide you services and products or information pertaining to our services and products. Often, this transaction is governed by a binding contract and in order for ProMach to satisfy the terms and conditions of that contract, we need to collect, use, and retain, your Personal Data.

Contact Us: You may submit an inquiry or comment to ProMach along with your name and contact information (e.g., address, phone number, email address). ProMach uses this information for the purpose of replying to your inquiry.

Questionnaires and Surveys: ProMach may ask you to complete optional surveys and opinion polls for the purpose of obtaining your input relating to our present or planned products and their use. These surveys help ProMach to better meet your needs. In conducting these surveys, we may ask you to provide your name and contact information (e.g., address, phone number, email address).

Product Purchasing and Extended Warranty: If you purchase products from ProMach, we ask for your name and contact information (e.g., address, phone number, email address), shipping and billing information, and similar information to facilitate the order. You will also be asked to provide your credit card number and security code solely to our credit card processing vendor for purposes of payment. ProMach will not have access to, or store, your credit card information. You may also register certain ProMach products on our Website so we can provide information updates, accommodate your warranty, and for similar business purposes. Here, we will ask you for your name, contact details and product serial and code number of the products.

Locating a Distributor: If you use the Website to locate a nearby ProMach distributor, we will ask you for a location. Information about your location will be retained and analyzed for our own internal statistical business purposes.

Customer Updates: ProMach asks you to provide name and contact information (e.g., address, phone number, email address) so that updates to our products, safety data sheets, safety and other corporate information may be sent to you.

ProMach Account: If you create an account on a ProMach Website, we collect the account information that you submit, such as your name, email address, and log-in information. We also collect information regarding your orders through the account, such as your history of purchases.

Emails for Marketing Information: If you provide us with your email address and consent to receive marketing information, ProMach may send useful information about ProMach products, such as advertisements, videos, contests, rebates and e-newsletters to your email address. You may unsubscribe from our marketing practices at anytime.

Any Other Form of Contact Where You Submit Your Personal Data: You may provide us with your Personal Data in other ways, and we will handle any such Personal Data in accordance with this Privacy Policy.
 

Special Categories of Personal Data or Information on Children
ProMach does not ask for, and does not collect, special categories of Personal Data related to our customers, vendors, suppliers, or similar business contacts, or our Website users. Our website is not directed to individuals under the age of sixteen, and we do not knowingly collect Personal Data from such individuals. We may ask you to confirm that you have not and will not provide such information to us or in postings on the Website when you register with, or otherwise access, it. If we become aware that such information has been provided or posted on the Website, we will delete it from our records.
 

Sharing Your Personal Data
ProMach primarily uses Personal Data for our business and commercial purposes, and we do not sell or lease any Personal Data to any third-party for any purpose. ProMach may share or disclose your Personal Data within ProMach or to a third-party in the following circumstances:

Intra-Group: ProMach may share Personal Data about you within ProMach’s different offices and locations in order to provide you with services or to facilitate our own legitimate business interests. 

Third-Party Service Providers: We will share your Personal Data with third-party service providers to help us provide services to you and process Personal Data on our behalf. For example, ProMach may retain a third-party to help us determine what marketing information you might find useful, or provide cloud storage services. We may disclose your Personal Data to consultants, advisors, and attorneys in the process of obtaining tax, legal advice, or other professional services. We may use a third-party service provider to process credit card information you submit.

Required Disclosures: We may be required to share Personal Data with courts, tribunals, opposing or other related parties to the proceedings and their professional advisors, in response to a court order, subpoena, civil discovery request, other legal process, or as otherwise required by law.

Legal Compliance and Protections: We may disclose Personal Data to courts, tribunals, opposing or other related parties to the proceedings and their professional advisors, when we believe disclosure is necessary to comply with the law or to protect the rights, property, or safety of ProMach, our users, or others. This may include exchanging Personal Data with other companies and organizations for fraud prevention and credit risk reduction.

Corporate Restructuring: We may share Personal Data in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of ProMach’s business or assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by ProMach or our Website users is among the assets transferred.
 

ProMach Does Not Sell Personal Data
We do not sell or rent Personal Data that we have collected or retain about you to any other third-party for any purpose. Accordingly, we do not offer individuals the ability to “opt-out” of the selling or renting of Personal Data because we do not engage in those practices.
 

Cookies, Automated Tracking, and Data Analytics
Please visit our Cookie Policy to learn how we use cookies, automated tracking tools, and data analytics, and your choices related to the programs.
 

Protecting Your Personal Data
ProMach will take reasonable steps to protect the Personal Data it collects from loss, misuse, unauthorized access, disclosure, alteration, and destruction. ProMach has put in place appropriate physical, electronic and managerial procedures to safeguard and secure the Personal Data it collects from loss and misuse and unauthorized access, disclosure, alteration, or destruction. Please note that despite our reasonable efforts, no security measure is ever perfect or impenetrable, so we cannot guarantee the security of your Personal Data and you provide it to us at your own risk.
 

Third Party Websites
This Website contains links to other third-party websites. ProMach does not control and is not responsible for the operation of such sites. Please refer to the privacy policies of those other sites if you have questions about their privacy practices.
 

Data Retention
ProMach retains your Personal Data collected as reasonably necessary to fulfill the purposes for which the Personal Data was collected and to comply with legal obligations or for the establishment, exercise or defense of a legal claim.

For our customers, vendors, suppliers, and other business contacts, we retain your Personal Data for the duration needed to complete or facilitate our contract, agreement or engagement, and for a reasonable amount of time thereafter in accordance with our legitimate business needs and functions.
 

Transferring and Storing Personal Data
ProMach is a global company and primarily stores data within the United States of America. However, ProMach does not (at this time) participate in the U.S. Privacy Shield Program. In addition, due to the global nature of our operations, some of the recipients of your Personal Data, including different ProMach offices and our service providers, may be located outside the country of your residence, including in countries outside the European Economic Area (EEA), and these countries may not provide the same level of data protection as in your jurisdiction.
 

Your Privacy Rights and Choices

Canada Privacy. Personal Data will be collected, stored, used and/or processed by us in accordance with this Privacy Policy and our obligations under the Personal Data Protection and Electronic Documents Act of Canada (“PIPEDA”) and other applicable Canadian provincial laws (collectively, “Canadian Privacy Laws”). Pursuant to these Canadian Privacy Laws, you have a right to request access to your Personal Data and to request that inaccurate Personal Data be corrected. If you have submitted Personal Data to us and would like to have access to it, or have it corrected, please contact us in accordance with the “Questions” section listed below. When requesting access to, or correction of, your Personal Data, we will require that you verify our request via email, and we will request specific data from you to enable us to confirm the authenticity of the request and your identity, and to enable us to search our records and databases. We may charge you a fee to access your Personal Data, provided that we advise you of any such fee in advance. Your right to access Personal Data is not absolute, and we may not be able to allow you to access certain Personal Data in certain circumstances (e.g., if the information contains Personal Data of other persons or it is subject to legal privilege). In the event that we cannot provide you with access to, or the ability to correct, your Personal Data, we will use reasonable means to inform you of the reasons why, subject to any legal or regulatory restrictions. To delete your name from our electronic contact lists (text or email), please contact us in accordance with the “Questions” section listed below. If you have concerns with our data processing, you may file a complaint with the Office of the Privacy Commissioner of Canada. For more information about the Office of the Privacy Commissioner of Canada, please access its website.

In the event you reside in Quebec, ProMach will collect, store, use, and process Personal Data in accordance with this Privacy Policy and ProMach’s obligations under the Act to Modernize Legislative Provisions respecting the Protection of Personal Information, as amended, under which you have the following rights:

• Access Rights. You can ask ProMach for a copy of the Personal Data that we retain about you.
• Rectification/Correction Rights. You can ask ProMach to change incorrect or incomplete data, or to make changes yourself where you have access.
• Withdraw Consent. Where you have furnished to ProMach your consent for a data processing activity, you may notify ProMach of your intent to withdrawal you consent, and we will advise you of any consequence of withdrawing your consent at the time of your request.
• Deletion Rights. You can ask us to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing.

ProMach is a global corporation and located in jurisdictions across the world. The Personal Data that ProMach collects, uses, and retains will be stored in United States and may be stored in other countries outside Quebec or Canada where we, or our service providers, have locations. Please be aware that your Personal Data may be retained in a country that does not provide the same level of protections as Canadian Data Protection Laws. The measures that we use to protect Personal Data are subject to the legal requirements of the jurisdictions to which we transfer Personal Data, including lawful requirements to disclose information to law enforcement and government agencies in those countries. To the extent we transfer your Personal Data outside Quebec or Canada, we will do so using appropriate and suitable safeguards in compliance with applicable Data Protection Laws. If you wish to access written information about our policies and practices regarding service providers outside of Quebec or Canada, or if you have any questions about the collection, use, disclosure, or storage of Personal Data by service providers outside of your country of residence, please contact us in accordance with the Questions section, below.

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California Privacy Rights. Pursuant to the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA”), California residents are entitled to certain data privacy rights.

• Right to Know (Specific Pieces of Personal Data). You have the right to know the specific pieces of your Personal Data that we have collected about you.
• Right to Know (Categories of Personal Data). You have the right to know (i) the categories of Personal Data we have collected from you; (ii) the categories of sources from which the Personal Data is collected; (iii) the categories of your Personal Data we have sold or disclosed for a business purpose; (iv) the categories of third parties to whom your Personal Data was sold or disclosed for a business purpose; and (v) the business or commercial purpose for collecting or selling your Personal Data.
• Right to Delete. You have the right to request that we delete your Personal Data that we have collected and retain.
• Right to Correct. You have the right to request that we correct inaccurate Personal Data that we have collected and retain.
• Nondiscrimination. You have the right not to be subject to discrimination for asserting your rights under the CCPA.

Submit a Privacy Request. To submit a privacy request, you (or your authorized agent) may contact us using the “Questions” section below. An authorized agent must be registered with the California Secretary of State to conduct business in California.

Privacy Request Verification Process. If you (or your authorized agent) make any request related to your Personal Data, we will ascertain your identity (and the identity of the authorized agent, to the extent applicable) to the degree of certainty required or permitted under the law before addressing your request. In particular, we will, to the extent required or permitted by law, require you (or your authorized agent) to verify your request via email, request certain contact information or government identifiers, and we will match at least two pieces of such Personal Data with data that we have previously collected from you before granting you access to, erasing, or correcting, specific pieces or categories of Personal Data, or otherwise responding to your request. We may require written documentation that demonstrates a third party is authorized to serve as your agent for the purposes of submitting the requests set forth herein, unless you have provided the authorized agent with power of attorney pursuant to California Probate Code §§ 4121 to 4130. None of the CCPA’s rights are absolute, and such rights are subject to legal and regulatory exceptions and exemptions. For more information about the CCPA, please see https://oag.ca.gov/privacy/ccpa.

Opt-Out Rights / Do Not Sell My Personal Data. California residents have the right to opt out of the “sale” of their Personal Data. However, we do not sell your Personal Data to third parties for profit or monetary or other valuable consideration, and therefore we do not provide opt-out request processes for the sale of Personal Data (because we do not undertake such activities).

Opt-Out Rights / Do Not Share My Personal Data. California residents have the right to opt out of the “sharing” of their Personal Data. Unless otherwise set forth in a privacy or cookie policy on a specific ProMach website, we do not undertake these activities.

Children. The Application is not directed at, and should not be used by, minors under the age of sixteen (16), and therefore we do not knowingly sell or share the Personal Data of minors under sixteen (16) years of age.

Limit Use of Sensitive Personal Data. We do not use or disclose sensitive Personal Data for reasons other than those set forth in the CCPA, and therefore we do not provide individuals with the ability to limit how we use or disclose such sensitive Personal Data.

California “Shine the Light”. Under California Civil Code Section 1798.83 (“Shine the Light”), California residents have the right to request in writing from businesses with whom they have an established business relationship: (a) a list of the categories of Personal Data, as defined under Shine the Light, such as name, email address, and mailing address, and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes; and (b) the names and addresses of all such third parties; however, we do not disclose Personal Data to third parties for their direct marketing purposes.

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Colorado Privacy Rights. Pursuant to the Colorado Privacy Act (CPA), Colorado residents are entitled to the following data privacy rights:

• To confirm whether or not we are processing your Personal Data and access such Personal Data, unless such confirmation or access would require us to reveal a trade secret.
• To correct inaccuracies in your Personal Data, taking into account the nature of the Personal Data and the purposes of the processing of your Personal Data.
• To delete Personal Data provided by, or obtained about, you.
• To obtain a copy of your Personal Data processed by us, in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance.

Submit a Privacy Request. To submit a CPA privacy request, please contact us in accordance with the “Questions” section below. If you would prefer, you may designate an authorized agent to submit a CPA privacy request on your behalf.

Privacy Request Verification Process. If you make any request related to your Personal Data, we will ascertain your identity (and the identity of the authorized agent, to the extent applicable) to the degree of certainty required or permitted under the law before addressing your request. In particular, before granting you access to, erasing, or correcting, specific pieces or categories of Personal Data or otherwise responding to your request, we will, to the extent required or permitted by law, (i) require you (or your authorized agent) to verify your request via email, (ii) request certain contact information or government identifiers, and (iii) match at least two pieces of such Personal Data with data that we have previously collected from you. None of your privacy rights are absolute, and such rights are subject to exceptions and exemptions. For more information about the Colorado Privacy Act, please see https://coag.gov/resources/colorado-privacy-act/.

Privacy Requests Appeals Process; Complaints. If you would like to appeal a decision we have made with respect to your privacy request, please email us in accordance with the “Questions” section listed below, with the subject line “ATTN: Privacy Appeals,” and describe the nature of your request, and the reason for requesting an appellate review. You may file privacy complaints with the Colorado Attorney General at: https://coag.gov/file-complaint/.

Opt-Out Rights / The Sale of Personal Data. Colorado residents have the right to opt out of the “sale” of their Personal Data. However, we do not sell your Personal Data to third parties for monetary consideration or other valuable consideration, and therefore we do not provide opt-out request processes for the sale of Personal Data (because we do not undertake such activities).

Opt-Out Rights / Targeted Advertising. Colorado residents have the right to opt out of having their Personal Data used for targeted advertising purposes. Unless otherwise set forth in a privacy or cookie policy on a specific ProMach website, we do not undertake these activities.

Opt-Out Rights / Profiling. Colorado residents have the right to opt out of having their Personal Data used for profiling in furtherance of decisions that produce legal or similarly significant effects. However, we do not engage in such activities.

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Connecticut Privacy Rights. Pursuant to the Connecticut Act Concerning Personal Data Privacy and Online Monitoring, also known as the Connecticut Data Privacy Act (CDPA), Connecticut residents are entitled to the following data privacy rights:

• To confirm whether or not we are processing your Personal Data and access such Personal Data, unless such confirmation or access would require us to reveal a trade secret.
• To correct inaccuracies in your Personal Data, taking into account the nature of the Personal Data and the purposes of the processing of your Personal Data.
• To delete Personal Data provided by, or obtained about, you.
• To obtain a copy of your Personal Data processed by us, in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another controller without hindrance, where the processing is carried out by automated means, provided we shall not be required to reveal any trade secret.

Submit a Privacy Request. To submit a CDPA privacy request, please contact us in accordance with the “Questions” section below. If you would prefer, you may designate an authorized agent to submit a CDPA privacy request on your behalf.

Privacy Request Verification Process. If you make any request related to your Personal Data, we will ascertain your identity (and the identity of the authorized agent, to the extent applicable) to the degree of certainty required or permitted under the law before addressing your request. In particular, before granting you access to, erasing, or correcting, specific pieces or categories of Personal Data or otherwise responding to your request, we will, to the extent required or permitted by law, (i) require you (or your authorized agent) to verify your request via email, (ii) request certain contact information or government identifiers, and (iii) match at least two pieces of such Personal Data with data that we have previously collected from you. None of your privacy rights are absolute, and such rights are subject to exceptions and exemptions. For more information about the Connecticut Data Privacy Act, please see https://portal.ct.gov/AG/Sections/Privacy/The-Connecticut-Data-Privacy Act.

Privacy Requests Appeals Process; Complaints. If you would like to appeal a decision we has made with respect to your privacy request, please email us in accordance with the “Questions” section listed below, with the subject line “ATTN: Privacy Appeals,” and describe the nature of your request, and the reason for requesting an appellate review. You may file privacy complaints with the Connecticut Attorney General at: https://portal.ct.gov/DCP/Complaint-Center/Consumers---Complaint-Center.

Opt-Out Rights / The Sale of Personal Data. Connecticut residents have the right to opt out of the “sale” of their Personal Data. However, we do not sell your Personal Data to third parties for monetary consideration or other valuable consideration, and therefore we do not provide opt-out request processes for the sale of Personal Data (because we do not undertake such activities).

Opt-Out Rights / Targeted Advertising. Connecticut residents have the right to opt out of having their Personal Data used for targeted advertising purposes. Unless otherwise set forth in a privacy or cookie policy on a specific ProMach website, we do not undertake these activities.

Opt-Out Rights / Profiling. Connecticut residents have the right to opt out of having their Personal Data used for profiling in furtherance of decisions that produce legal or similarly significant effects. However, we do not engage in such activities.

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Nevada Privacy Rights. We do not currently conduct “sales” of Personal Data for purposes of Nevada law. Notwithstanding the foregoing, Nevada residents may submit a request directing us to not sell Personal Data we maintain about them to third parties who will sell or license their information to others. If you would like to exercise this right, please contact us in accordance with the “Questions” section listed below.

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Virginia Privacy Rights. Pursuant to the Virginia Consumer Data Protection Act, Virginia residents are entitled to certain data privacy rights:

• To confirm whether or not ProMach is processing your Personal Data, and to access such Personal Data.
• To request ProMach correct inaccuracies in your Personal Data, taking into account the nature of the Personal Data and the purposes of the processing of the Personal Data.
• To request ProMach delete your Personal Data.
• To obtain a copy of the Personal Data that you previously provided us in a portable and, to the extent technically feasible, readily usable format that allows it to be transmitted to another entity without hindrance, where the processing is carried out by automated means.

Submit a Privacy Request. To submit a privacy request, you may contact us using the “Questions” section below.

Privacy Request Verification Process. If you make any request related to your Personal Data, we will ascertain your identity (and the identity of the authorized agent, to the extent applicable) to the degree of certainty required or permitted under the law before addressing your request. In particular, before granting you access to, erasing, or correcting, specific pieces or categories of Personal Data or otherwise responding to your request, we will, to the extent required or permitted by law, (i) require you (or your authorized agent) to verify your request via email, (ii) request certain contact information or government identifiers, and (iii) match at least two pieces of such Personal Data with data that we have previously collected from you. None of Virginia’s privacy rights are absolute, and such rights are subject to exceptions and exemptions. For more information about the Virginia Consumer Data Protection Act, please see https://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+SB1392ES1.

Privacy Requests Appeals Process; Complaints. If you would like to appeal a decision we have made with respect to your privacy request, please email us in accordance with the “Questions” section listed below, with the subject line “ATTN: Privacy Appeals,” and describe the nature of your request, and the reason for requesting an appellate review. You may file privacy complaints with the Virginia Attorney General at https://www.oag.state.va.us/contact-us/contact-info.

Opt-Out Rights / The Sale of Personal Data. Virginia residents have the right to opt out of the “sale” of their Personal Data. However, we do not sell your Personal Data to third parties for monetary consideration, and therefore we do not provide opt-out request processes for the sale of Personal Data (because we do not undertake such activities).

Opt-Out Rights / Targeted Advertising. Virginia residents have the right to opt out from having their Personal Data used for cross-contextual/targeted advertising purposes. Unless otherwise set forth in a privacy or cookie policy on a specific ProMach website, we do not undertake these activities.

Opt-Out Rights / Profiling. Virginia residents have the right to opt out of having their Personal Data used for profiling in furtherance of decisions that produce legal or similarly significant effects. However, we do not engage in such activities.

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European Union (EU), Switzerland, and United Kingdom (UK). If you are located in the EU, Switzerland, or the UK, you have the following data protection rights:

• Right to Know. The right to know about what Personal Data we collect and processes about you, including the types and categories of Personal Data we collect and process, the sources of such Personal Data, our retention criteria, with whom we share your Personal Data, cross-border data transfers, and how to file complaints and inquiries. Such information is set forth in this Privacy Policy.
• Automated Decision Making. We do not engage in any activity that subjects our customers, Application users, survey participants, or others to a decision based solely on automated processing, including profiling, which produces legal effects, or similarly significantly results, impacting them.
• Access Rights. You may ask us whether we process any of your Personal Data and, if so, receive access to such Personal Data. When complying with an access request, we will also provide you with additional information, such as the purposes of the processing, the categories of Personal Data concerned as well as any other information necessary for you to exercise the essence of this right.
• Rectification. You have the right to have your Personal Data corrected/rectified in case of inaccuracy or incompleteness. Upon request, we will correct inaccurate Personal Data about you and, taking into account the purposes of the processing, update any incomplete Personal Data, which may include the provision of a supplementary statement.
• Erasure. You have the right to have your Personal Data erased, which means the deletion of your Personal Data by us and, where possible, any other controller to whom your data has previously been disclosed. However, your right to erasure is subject to statutory limits and prerequisites (e.g., where your Personal Data is no longer necessary in relation to the initial purposes for which it was processed, your Personal Data was processed unlawfully).
• Restriction of Processing. You have the right to obtain the restriction of the processing of your Personal Data, which means that we suspend the processing of your Personal Data for a certain period of time. Circumstances which may give rise to this right include situations where the accuracy of your Personal Data is contested, but we need time to verify the inaccuracy (if any) of your Personal Data.
• Data Portability. You have the right to request us to provide you with your Personal Data in a structured, commonly used and machine-readable format and to have such data transmitted directly to another controller, where technically feasible.
• Right to Object. You have the right to object to the processing of your Personal Data, which means you may request us to no longer process your Personal Data. This only applies in case the “legitimate interests” ground (including profiling) constitutes the legal basis for processing (see below “Legal Basis for Processing”). However, at any time (and free of charge) you can object to having your Personal Data processed for direct marketing purposes.
• Withdrawing Consent. You also may withdraw your consent at any time if we are solely relying on your consent for the processing of your Personal Data. However, this will not impact our legal basis to process such Personal Data prior to the withdrawal of your consent.

To exercise any of these data privacy rights, please contact us, or have your designated agent contact us, in accordance with the “Questions” section listed below. To the extent permitted by law, we will need to verify your identity (or the identity of your agent) and ensure the authenticity of your request.

Legal Basis for Processing. We process your Personal Data in accordance with the legal bases set forth in law. For example, our processing of Personal Data (as described herein) is justified based on the following legal grounds:

• Consent. Processing is based on your consent (e.g., you register to receive our marketing materials, you voluntarily contact us).
• Legitimate Interests. Processing is necessary for our legitimate interests as set out herein (e.g., monitoring your use of the Application and your compliance with the terms and conditions governing the same, improving our Services).
• Contract Undertaking. Processing is necessary for the performance of a contract to which you are a party (e.g., you purchase or consider purchasing our Services).
• Legal Compliance. Processing is required to comply with a legal or statutory obligation (e.g., tax disclosures).

Complaints. In the event you have concerns about our data processing, you have the right to file a complaint with your data protection authority.

• For data protection authorities in the EU, please see here: https://edpb.europa.eu/about-edpb/about-edpb/members_en.
• For the data protection authority in Switzerland, please contact the Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch/edoeb/en/home.html).
• For the data protection authority in the UK, please contact the Information Commissioner’s Office (www.ico.org.uk).

We would, however, appreciate the opportunity to deal with your concerns before you approach a data protection authority with a complaint, and invite you to contact us in the first instance.

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Privacy Policy Updates
If we change our Privacy Policy, we will post those changes on this page and update the Privacy Policy modification date listed below. If we materially change this Privacy Policy in a way that impacts how we use or disclose your Personal Data, we will notify you directly or by prominently posting a notice of such changes before making them and by stating the effective date of the changes.
 

Modification Date
The Privacy Policy was last updated on August 28, 2023.
 

Questions/How to Contact Us

If you have any questions or concerns with regard to this Privacy Policy, or you wish to exercise any rights described herein, please contact us via email at [email protected], via toll-free telephone at +1 866-776-6224, via standard telephone at +1 513-831-8778, or via postal mail at:

Pro Mach, Inc.
Attn: Privacy Office
50 East Rivercenter Blvd., Suite 1800
Covington, KY 41011 U.S.

Pro Mach, Inc. Cookie Policy

The ProMach Website (www.ProMachBuilt.com), as well as its affiliate and subsidiary websites, uses cookies, web beacons and other techniques for legitimate business purposes, including for storing your preferences and navigation to, from, and on our Website. These techniques may also be used to help us count users that visit specific pages on our Website and other related web statistics. Most browsers allow users to activate settings to refuse some or all of these techniques. You should consult your browser provider’s instructions on privacy settings to determine the settings most appropriate for your preferences. If you disable or refuse cookies, please note that some parts of our Website may then be inaccessible or not function properly. Unless you have adjusted your browser setting so that it will refuse cookies, our system may issue cookies when you direct your browser to our Website.
 

What is a cookie and a web beacon?
Cookies are text files containing small amounts of information which are downloaded to your hard disk or to your browser’s memory when you visit our Website. Cookies are useful because they help arrange the content and layout of our Website and allow us to recognize those computers or other devices that have previously accessed our Website. Cookies do many different jobs, such as allowing our Website to remember your preference settings and helping us to enhance the usability and performance of our Website. Our Website also may contain electronic images known as web beacons – sometimes called single-pixel gifs – that allow us to count the number of users who have visited specific pages. We may also include web beacons in promotional e-mail messages or newsletters in order to determine whether messages have been opened and acted upon. The type of cookie or similar technology that may be used on our Website or other materials can be identified in the following categories:
 

1. Strictly Necessary Cookies
These cookies are essential for basic functionalities of our Website, and they enable you to move around our Website and use their features, particularly in connection with information searches and order placement. Without these cookies, services you have asked for cannot be provided. These cookies do not gather information about you that could be used for marketing or other similar activities. Some examples of strictly necessary cookies include the following: a “shopping basket” cookie, which is used to remember the products that you wish to purchase when you add products to your shopping basket or proceed to checkout; a “login/authentication” cookie which allows and manages your login to our Website and identifies you after logging in for a single session; a “session” cookie which is required to carry out the data transmission and provide our Website to you; and, a “security” cookie that detects repeat failed login attempts or similar abuses of the Website. These types of cookies are regularly stored only as long as required for their purpose.

2. Performance Cookies
These cookies collect information about how you use our Website. For example, a performance cookie may identify which pages you access most often and if any error messages are transmitted from our Website. These cookies collect information that is used to improve how our Website work. Without these cookies we cannot learn how our Website is performing and make relevant improvements that could better your browsing experience. See Google Analytics (below) for more information.

3. Functionality & Profile Cookies
These cookies allow our Website to store information that you provide, such as preferences, and to store technical information useful for your interactions with our Website. For instance, they remember your user ID and elements of your user profile. They also ensure that your experience using the Website is relevant to you. They may also be used to provide services you have asked for such as watching a video or commenting on a blog (without being a cookie that is strictly necessary for our Website to function). These cookies will not be used to track your browsing activity on other websites. Without these cookies, a website cannot remember choices you have previously made or personalize your browsing experience. For example, we use a cookie to store your language preferences, which allows us to present you with product search results in the correct language, and we use a cookie to store your choice about the appearance of the cookie information banner that we display on our Website. This cookie will help us remember your choice about the appearance of the cookie information banner when you subsequently visit the same site where you made your choice about the banner and any other website with the same domain or the same top-level domain.

4. Advertising Cookies and Similar Technologies
These cookies or similar technologies may be used to deliver advertisements that are more relevant to you and your interests. They may also be used to limit the times you see an advertisement as well as help to measure the effectiveness of the advertising campaign. These cookies may track your visits to other websites. Without these cookies or other technologies, online advertisements you encounter will be less relevant to you and your interests. We do permit third-party advertising partners to use cookies and other technologies to collect information about your browsing activities over time and across different websites when you use our Website, including products that you browse or purchase and your location.
 

How to set your cookie preferences?
You can usually modify your browser settings to decline cookies and you can withdraw your consent at any time to our use of cookies by modifying the settings of your browser to reject or disable cookies or by opting out of specific cookies through other opt-out options. If you choose to decline cookies altogether, you may not be able to fully experience the features of the Website that you visit.
 

Our use of web analytics
We use a tool called “Google Analytics” to collect information about your use of this Website. In particular, Google Analytics collects user information, such as how often users visit this Website, what pages they visit when they do so, and what other websites they used prior to coming to this Website. We use the information we get from Google Analytics only to improve this Website. Google Analytics collects only the Internet Protocol (IP) address assigned to you on the date you visit this Website, rather than your name or other personally identifying information. We do not combine the information collected through the use of Google Analytics with any personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this Website, the cookie cannot be used by anyone but Google. In addition, Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this Website by disabling cookies on your browser. Google Analytics also uses electronic images known as web beacons (sometimes called single pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Website is used. You can find additional information about add-ons here: tools.google.com/dlpage/gaoptout. For the cases in which personal data is transferred to the US, Google has self-certified pursuant to the EU-US Privacy Shield. To receive the most recent information on how Google uses your Personal Data and other data, please visit google.com/policies/privacy/partners.
 

Our Privacy Policy
For more information about our data practices and your privacy rights, please visit our privacy policy at https://www.promachbuilt.com/privacy/.

Pro Mach, Inc. Data Processing Notice for Employees and New Hires

Last Updated: August 28, 2023

Pro Mach, Inc. including our related subsidiaries and affiliates, (collectively “ProMach”) is committed to protecting the privacy and security of your Personal Information. As part of the employee enrollment process and in connection with your employment with ProMach, you may be asked to provide, and ProMach will need to retain and process, certain Personal Information about you and other third-parties. We want you to know that we respect your privacy, and place great importance on maintaining the security of Personal Information that you provide to us. This Data Processing Notice (“Notice”) describes how ProMach collects, discloses, and uses your Personal Information, your responsibilities and obligations to ProMach and others, and the data privacy rights afforded to you under certain data protection laws, statutes, and regulations (“Data Protection Laws”). Please read this Notice carefully.

This Notice does not form part of any contract of employment or other agreement to provide services, and nothing in this Notice shall be construed to (in any way) terminate, supersede, undermine, or otherwise modify the status of the employment or professional relationship between you and ProMach, pursuant to which ProMach may terminate the employment or professional relationship at any time, with or without cause, and with or without notice. This Notice imposes no independent obligation on ProMach to proceed with any business transaction or agreement, and does not create any employment or professional relationship between you and ProMach. ProMach may amend or update this Notice from time to time and we will, when necessary and appropriate, notify you of such amendments and updates.

Definitions: For purposes of this Notice, the following terms are defined as followed:

The term “Personal Information” means any information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information, that is linked or linkable to a specific individual, and that is subject to, or otherwise afforded protection under, any Data Protection Laws.

The term “Sensitive Personal Information” means any Personal Information that (i) poses a risk of financial, reputational, or other harm to an individual if compromised, or (ii) reveals race or ethnicity, political opinions, religious or philosophical beliefs, membership in a trade union, (iii) relates to the processing of genetic data, (iv) biometric data for the purpose of uniquely identifying a natural person, (v) data concerning an individual’s physical, metal, or emotional health, (vi) data concerning an individual’s sex life and sexual orientation, and (vii) an individual’s criminal records. For illustrative purposes only, the term Sensitive Personal Information may include, but is not limited to, the following: a national identification number (e.g., Social Security/Insurance Number), driver’s license number, bank account number, credit or debit card number, passport number and date of birth (when in combination with other data that can subject an individual to risk of identity theft), and user names and passwords for online accounts.

Categories/Types of Personal Information: ProMach collects Personal Information to satisfy its legitimate business purposes and interests, or as may otherwise be required or permitted by law. The types and categories of Personal Information that ProMach collects and retains in the employment context is set forth in Annex A. This Personal Information may relate to a ProMach employee, or an employee’s family, partners, dependents, or other individuals that have a familial or other relationship with the employee. ProMach may collect and process Personal Information concerning third parties related to, or otherwise affiliated with, its employees (e.g., emergency contact information, beneficiary information, and employment references).

Online Monitoring. Please be aware that ProMach uses cookies and other tracking technologies within our internal “intranet” and external websites (each a “Site”) to monitor and record any and all activities and communications to, from, and on the Site in order to safeguard, improve, and analyze usage of the Site, and for the other purposes listed in this Notice. For the avoidance of doubt, you hereby acknowledge, agree, and consent (to the extent such consent is legally permissible) to the monitoring and recording of all such activities and communications on each Site. In the event you access a ProMach external-facing website, your Personal Information will also be collected and processed in accordance with the privacy policy posted or otherwise linked to such a website.

Sources of Personal Information Collection:

Most often, ProMach collects Personal Information directly from the applicable employee (electronically, in writing, or verbally). For example, ProMach requires employees to complete background information when they begin employment or enter into a contractual relationship with ProMach. ProMach may receive Personal Information about an employee (indirectly) from third parties within ProMach, such as a supervisor or colleague. ProMach may also receive Personal Information about an employee from third parties who provide services to ProMach, such as companies that provide benefits, payroll, corporate training or other services. For example, if an employee has been hired through a third-party staffing or recruiting firm, ProMach will receive Personal Information on his or her experience and qualifications. In addition, Personal Information on an employee’s use of the Internet, email, or other ProMach systems and applications is automatically generated. Where permitted or otherwise authorized by law, we will collect and retain Personal Information about employees as part of the background check process.

Purposes of Data Processing: ProMach collects and uses Personal Information about, or related to, its employees and relevant third parties for a broad range of routine legal, business, and human resource (“HR”) management purposes. See Annex B for examples of our use of your Personal Information. ProMach may have multiple reasons to process Personal Information, and the identification of one such reason does not preclude the applicability of any other. ProMach may, from time to time, provide additional information with respect to the means and purposes for collecting and using Personal Information..

In the event that our data processing will occur for reasons outside of those detailed in this Notice, additional notification of that processing will, if required by Data Protection Law, be provided. ProMach does not undertake any decision-making concerning its employment activities solely by automated means and without any human involvement.

Disclosure of Personal Information: When appropriate to support ProMach’s management and administration, or to comply with legal or regulatory obligations, ProMach may disclose, transfer, or otherwise share Personal Information with authorized third-parties, such as any ProMach affiliate or subsidiary, or third-party vendors and service providers. For example, as part of our data sharing practices, we may provide Personal Information to regulatory and law enforcement authorities, or ProMach’s outside legal counsel, auditors, and other professional advisors when required by law or to further our business interests. We may also disclose your Personal Information to third-party service providers, such as the payroll company we use to facilitate payment obligations, the administrator of our group pension plan, brokers who we use to obtain insurance for your benefit, our private medical care provider, our private dental care provider, providers of online training services, external training providers, employment screening and verification support services, and other types of service providers (e.g., our cloud storage providers). ProMach may also share your Personal Information with potential acquirers or investors of ProMach, or the business area in which you work. We may share your Personal Information in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of ProMach’s practice or assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by ProMach, in any form or format, is among the assets transferred.

Data Retention: The Personal Information you provide to ProMach may be stored electronically, and/or in hard copy. ProMach implements appropriate technical and organizational measures, commensurate with the nature, scope, context, purposes, and risks of processing, associated costs, and business resources, during its data processing activities, including protections to mitigate the risk of unauthorized or unlawful processing and accidental loss, destruction, or damage. These measures include password protections for online information systems, anonymization of data in certain circumstances, and restricted access to Personal Information, such as when Personal Information is processed by ProMach’s Human Resources Department. ProMach employees and authorized third-parties that have access to your Personal Information are bound by confidentiality obligations, and are required to treat your Personal Information in accordance with applicable legal requirements. ProMach will only retain your Personal Information so long as it is necessary to perform a function for which it was originally collected, which may include the management and administration of pre-, current, and post-employment relationships.

If you are offered, and accept, an employment position with ProMach, we will retain the information you provided during the employment application and recruitment process in accordance with our employee records schedule, to which you will have access upon your start of employment. If you are not provided, or accept, an employment offer, ProMach will retain your Personal Information in accordance with our internal retention management process, which is designed to ensure that records no longer necessary for legal, regulatory, administrative or business purposes may be disposed of in a timely manner.

International Data Transfers: ProMach is a global corporation and located in jurisdictions across the world. The Personal Information that ProMach collects, uses, and retains will be stored in United States and may be stored in other countries in which we, or our service providers, have locations. Please be aware that your Personal Information may be retained in a country that does not provide the same level of protections as the laws in your country of residence or location. The measures that we use to protect Personal Information are subject to the legal requirements of the jurisdictions to which we transfer Personal Information, including lawful requirements to disclose information to law enforcement and government agencies in those countries. In addition, ProMach does not participate in the United States-European Union Data Protection Framework (DPF). To the extent we transfer your Personal Information outside the jurisdiction in which you reside, we will do so using appropriate and suitable safeguards in compliance with applicable Data Protection Laws. If you wish to access written information about our policies and practices regarding service providers outside of your country of residence, or if you have any questions about the collection, use, disclosure, or storage of Personal Information by service providers outside of your country of residence, please contact us in accordance with the Contact Information section, below.

Your Data Rights and Responsibilities: Depending on the jurisdiction in which you reside, or where ProMach conducts its data processing activities, you may be afforded additional rights or privileges under applicable Data Protection Laws. Schedule 1 sets forth those additional data protection rights or privileges.

To the extent your provide ProMach with Personal Information, including the Personal Information on a third-party, you must (i) ensure, on a continuing basis, the accuracy, reliability, and relevancy of such Personal Information, (ii) only collect and provide to ProMach such Personal Information in accordance with all applicable Data Protection Laws, including when applicable, in accordance with all data processing notice and consent requirements, and (iii) inform the third-parties whose Personal Information you provide to ProMach, or who the third-party directly provides ProMach to facilitate or engage in a personal, non-business, related function with you, that the ProMach will collect and retain such Personal Information in accordance with our website privacy policy, which may be amended from time to time. Without limiting the foregoing, you must, promptly and without delay, notify ProMach (preferably in writing) of any amendments that need to be made to your Personal Information to ensure its accuracy, reliability, and relevancy. If you choose not to provide us with the Personal Information identified herein, then ProMach may not be able to satisfy our own contractual or legal obligations, and, in such circumstances, continued employment with ProMach may not be permissible. You acknowledge and agree that ProMach shall not be held liable for any consequence directly resulting from these circumstances. For general information about ProMach’s consumer privacy practices, please visit https://www.promachbuilt.com/privacy/.

Data Safeguards: ProMach has implemented appropriate physical, technical, and organizational security measures designed to secure your Personal Information against accidental loss and unauthorized access, use, alteration, or disclosure. All employees who have access to Personal Information shall collect and use such data in accordance with all applicable Data Protection Laws and ProMach policies and procedures, including this Notice. Any employee who has access to Sensitive Personal Information shall, at any and all times, (i) protect its confidentiality, integrity, and availability, (ii) protect it from any unlawful or unauthorized access, use, or disclosure, and (iii) limit its access and use to the minimum extent necessary and required to perform an authorized business or legal function. Without limiting the foregoing, all ProMach employees who collect, use, or access Sensitive Personal Information are hereby prohibited from the following: publicly displaying or posting the Sensitive Personal Information; requiring an individual to transmit the Sensitive Personal Information over the Internet without a secure connection or encryption; and selling or using the Sensitive Personal Information for any purpose unrelated to ProMach’s business operations. Any employee who reasonably suspects a breach of the foregoing must immediately notify his/her supervisor.

Website Privacy Statement: For information regarding ProMach’s privacy practices concerning customers, consumers, and business-to-business contacts, please see https://www.promachbuilt.com/privacy/.

Contact Information: If you have questions, concerns, or comments related to how ProMach processes your Personal Information, including whether you would like to exercise the rights and privileges described herein, please email our Data Privacy Champion at [email protected]. In the alternative, you can write to us at the following:

Pro Mach, Inc.
ATTN: Privacy Request
50 East Rivercenter Blvd., Suite 1800
Covington, KY 41011 U.S.
 

ANNEX A

The Personal Information ProMach Collects and Retains

ANNEX B

Examples of Our Use of Your Personal Information

SCHEDULE 1

JURISDICTION SPECIFIC DATA PROTECTION LAWS

If your Personal Information is subject to, or afforded protection under, any of the following Data Protection Laws, then you are entitled to receive notice of the following:
 

CANADA (INCLUDING QUEBEC)

ProMach will collect, store, use, and process Personal Information in accordance with this Notice and ProMach’s obligations under applicable data protection laws in Canada, including the Act to Modernize Legislative Provisions respecting the Protection of Personal Information (collectively, “Canadian Data Protection Law”). Pursuant to Canadian Data Protection Law, you have the following rights and privileges

• Access Rights. You can ask ProMach for a copy of the Personal Information that we retain about you.
• Rectification/Correction Rights. You can ask ProMach to change incorrect or incomplete data, or to make changes yourself where you have access.
• Withdraw Consent. Where you have furnished to ProMach your consent for a data processing activity, you may notify ProMach of your intent to withdrawal you consent, and we will advise you of any consequence of withdrawing your consent at the time of your request.
• Deletion Rights. You can ask us to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing.

ProMach is a global corporation and located in jurisdictions across the world. The Personal Information that ProMach collects, uses, and retains will be stored in United States and may be stored in other countries outside Quebec or Canada where we, or our service providers, have locations. Please be aware that your Personal Information may be retained in a country that does not provide the same level of protections as Canadian Data Protection Laws. The measures that we use to protect Personal Information are subject to the legal requirements of the jurisdictions to which we transfer Personal Information, including lawful requirements to disclose information to law enforcement and government agencies in those countries. To the extent we transfer your Personal Information outside Quebec or Canada, we will do so using appropriate and suitable safeguards in compliance with applicable Data Protection Laws. If you wish to access written information about our policies and practices regarding service providers outside of Quebec or Canada, or if you have any questions about the collection, use, disclosure, or storage of Personal Information by service providers outside of your country of residence, please contact us in accordance with the Contact Information section, above.

Surveillance. ProMach engages in “electronic monitoring” of employee devices and use of ProMach systems, networks, and other devices, and this Notice, and other applicable ProMach policies, serves as notice of the same. The term “electronic monitoring” means the “collection of information on an employer’s premises concerning employees’ activities or communications by any means other than direct observation, including the use of a computer, telephone, wire, radio, camera, electromagnetic, photoelectronic or photo-optical systems

EUROPEAN UNION (EU), SWITZERLAND, AND UNITED KINGDOM (UK)
 

If you are located in the EU, Switzerland, or the UK, you have the following data protection rights:

• Right to Know. The right to know about what Personal Information ProMach collects and processes about you, including the types and categories of Personal Information we collect and process, the sources of such Personal Information, our retention criteria, with whom we share your Personal Information, cross-border data transfers, and how to file complaints and inquiries. Such information is set forth in this Privacy Policy.
• Automated Decision Making. ProMach does not engage in any activity that subjects our customers, Site users, survey participants, or others to a decision based solely on automated processing, including profiling, which produces legal effects, or similarly significant results, impacting them.
• Access Rights. You may ask us whether we process any of your Personal Information and, if so, receive access to such Personal Information . When complying with an access request, we will also provide you with additional information, such as the purposes of the processing, the categories of Personal Information concerned as well as any other information necessary for you to exercise the essence of this right.
• Rectification. You have the right to have your Personal Information corrected/rectified in case of inaccuracy or incompleteness. Upon request, we will correct inaccurate Personal Information about you and, taking into account the purposes of the processing, update any incomplete Personal Information, which may include the provision of a supplementary statement.
• Erasure. You have the right to have your Personal Information erased, which means the deletion of your Personal Information by us and, where possible, any other controller to whom your data has previously been disclosed. However, your right to erasure is subject to statutory limits and prerequisites (e.g., where your Personal Information is no longer necessary in relation to the initial purposes for which it was processed, your Personal Information was processed unlawfully).
• Restriction of Processing. You have the right to obtain the restriction of the processing of your Personal Information, which means that we suspend the processing of your Personal Information for a certain period of time. Circumstances which may give rise to this right include situations where the accuracy of your Personal Information is contested, but we need time to verify the inaccuracy (if any) of your Personal Information.
• Data Portability. You have the right to request us to provide you with your Personal Information in a structured, commonly used and machine-readable format and to have such data transmitted directly to another controller, where technically feasible.
• Right to Object. You have the right to object to the processing of your Personal Information, which means you may request us to no longer process your Personal Information. This only applies in case the “legitimate interests” ground (including profiling) constitutes the legal basis for processing (see below “Legal Basis for Processing”). However, at any time (and free of charge) you can object to having your Personal Information processed for direct marketing purposes.
• Withdrawing Consent. You also may withdraw your consent at any time if we are solely relying on your consent for the processing of your Personal Information. However, this will not impact our legal basis to process such Personal Information prior to the withdrawal of your consent.

To exercise any of these data privacy rights, please complete our privacy webform or contact us, or have your designated agent contact us, in accordance with the “Contact Us” section listed below. To the extent permitted by law, we will need to verify your identity (or the identity of your agent) and ensure the authenticity of your request.

Legal Basis for Processing.

We process your Personal Information in accordance with the legal bases set forth in law. For example, our processing of Personal Information (as described herein) is justified based on the following legal grounds:

• Legitimate Interests. Processing is necessary for our legitimate interests as set out herein (e.g., monitoring your use of ProMach technology and your compliance with the terms and conditions governing the same, compliance with foreign laws).
• Contract Undertaking. Processing is necessary for the performance of a contract to which you are a party (e.g., your employment contract).
• Legal Compliance. Processing is required to comply with a legal or statutory obligation (e.g., tax disclosures).

Complaints. In the event you have concerns about our data processing, you have the right to file a complaint with your data protection authority.

• For data protection authorities in the EU, please see here: https://edpb.europa.eu/about-edpb/about-edpb/members_en.
• For the data protection authority in Switzerland, please contact the Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch/edoeb/en/home.html).

For the data protection authority in the UK, please contact the Information Commissioner’s Office (www.ico.org.uk). We would, however, appreciate the opportunity to deal with your concerns before you approach a data protection authority with a complaint, and invite you to contact us in the first instance.

THE UNITED STATES

Without limiting any provisions in this Employee Data Privacy Notice, including this Annex C, this Employee Data Privacy Notice, either alone or in conjunction with other ProMach policies and procedures, satisfies ProMach’s legal obligation to draft and/or provide notice with regard to how ProMach collects, uses, safeguards, disposes, or otherwise processes social security numbers or similar data afforded protection under U.S. state law, including Conn. Gen. Stat. Ann. § 42-471; 201 Mass. Code Regs. §§ 17.01 – 17.04; Mich. CL § 445.84; New Mex. SA 1978, §§ 57-12b-1 – 57-12b-4; N.Y. Gen. Bus. Law § 399-ddd; and Tex. Bus. & Com. Code Ann. § 501.0.52.

California. Pursuant to the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA”), California residents are entitled to certain data privacy rights:

• Right to Know (Specific Pieces of Personal Information). You have the right to know the specific pieces of your Personal Information that we have collected about you.
• Right to Know (Categories of Personal Information). You have the right to know (i) the categories of Personal Information we have collected from you; (ii) the categories of sources from which the Personal Information is collected; (iii) the categories of your Personal Information we have sold or disclosed for a business purpose; (iv) the categories of third parties to whom your Personal Information was sold or disclosed for a business purpose; and (v) the business or commercial purpose for collecting or selling your Personal Information.
• Right to Delete. You have the right to request that we delete your Personal Information that we have collected and retain.
• Right to Correct. You have the right to request that we correct inaccurate Personal Information that we have collected and retain.
• Nondiscrimination: The right not to be subject to discrimination for asserting your rights under the CCPA.

Opt Out Rights: Do Not Sell/Share Personal Information. California residents have the right to request that organizations cease “selling” or “sharing” their Personal Information to third parties for profit, monetary or valuable consideration, and under similar circumstances. However, except as otherwise set forth in privacy notices on our external websites available to the general public, ProMach does not “sell” or “share” Personal Information regarding our employees to third parties or regarding any person under sixteen (16) years of age, and therefore we do not provide individuals with the ability to opt out of such activities.

Limit Use of Sensitive Personal Information. California residents have the right to request that organizations limit the use of their sensitive Personal Information in certain circumstances. However, ProMach does not use or disclose sensitive Personal Information regarding our employees for reasons other than those set forth in the CCPA, and therefore we do not provide individuals with the ability to limit how we use or disclose such sensitive Personal Information.

Submit a Privacy Request. To submit a CCPA privacy request, please (i) contact your supervisor or (ii) you may write to us in accordance with the “Contact Information” section listed above in the Notice. If you would prefer, you may designate an authorized agent to submit a CCPA privacy request on your behalf. An authorized agent must be registered with the California Secretary of State to conduct business in California.

Privacy Request Verification Process. If you (or your authorized agent) make any request related to your Personal Information under the CCPA, ProMach will ascertain your identity (and the identity of the authorized agent, to the extent applicable) to the degree of certainty required or permitted under the law before addressing your request. In particular, ProMach will, to the extent required or permitted by law, require you (or your authorized agent) to verify your request via email, request certain contact information or government identifiers, and we will match at least two pieces of such Personal Information with data that we have previously collected from you before granting you access to, erasing, or correcting, specific pieces or categories of Personal Information, or otherwise responding to your request. We may require written documentation that demonstrates a third party is authorized to serve as your agent for the purposes of submitting the requests set forth herein, unless you have provided the authorized agent with power of attorney pursuant to California Probate Code §§ 4121 to 4130. None of the CCPA’s rights are absolute, and such rights are subject to legal and regulatory exceptions and exemptions. For more information about the CCPA, please see https://oag.ca.gov/privacy/ccpa.

Connecticut. For purposes of CT ST § 31-48d, ProMach engages in “electronic monitoring,” and this Employee Data Privacy Notice, and other applicable ProMach policies, serves as notice of the same. The term “electronic monitoring” means the “collection of information on an employer’s premises concerning employees’ activities or communications by any means other than direct observation, including the use of a computer, telephone, wire, radio, camera, electromagnetic, photoelectronic or photo-optical systems, but not including the collection of information for security purposes in common areas of the employer's premises which are held out for use by the public, or which is prohibited under state or federal law.”

Delaware. For purposes of DE ST TI 19 § 705, ProMach monitors or otherwise intercepts the telephone conversations or transmissions, electronic mail or transmissions, or Internet access or usage of its employees and of any party accessing ProMach’s information technology assets, networks, systems, environment, and resources, and the use of the same constitutes consent to the foregoing.

New York. For purposes of NY CIV RTS § 52–c, ProMach employees are hereby notified that any and all telephone conversations or transmissions, electronic mail or transmissions, or Internet access or usage by an employee, by any electronic device or system, including but not limited to the use of a computer, telephone, wire, radio or electromagnetic, photoelectronic or photo-optical systems, that are owned, leased, or operated by ProMach may be subject to interception and monitoring at any and all times and by any lawful means.

Benefits Machine Readable Files

Federal regulations known as the Transparency in Coverage Rule require the Pro Mach, Inc. Employee Benefits Plan to make certain machine-readable data files (“MRFs”) available to the public beginning July 1, 2022. These MRFs are maintained by Anthem, AmeriBen and Surgery Plus are hosted by them on their respective websites at:

• AmeriBen (https://github.com/Ameriben/MRF)
• Anthem (https://www.anthem.com/machine-readable-file/search)
• SurgeryPlus (https://www.edhc.com/ProviderPricingTransparency/)

You may search for the Pro Mach plan MRFs using Pro Mach’s EIN, 58-2402604.