SMARTCONNECT PRIVACY POLICY (EXCLUDING U.S. AND CANADA)

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The following global policy applies to any individual residing outside of the U.S. or Canada.

Last Updated: 12/01/2020

Thank you for using our app.

The protection of your personal data in connection with the collection, use, and processing of information for the app is of high priority for us.

This document informs you of the type, scope, and purpose of the collection and application of the personal data that you make available to us or that we collect from you in connection with your use of the app, and of the processing and utilization of this data.

Hobart GmbH and its affiliated company ITW Food Equipment Group LLC (“ITW FEG”) (including their affiliated entities, including Baxter, Bonnet, Centerline, Foster, Hobart, Traulsen, and Vulcan) (we) are committed to protecting your personal data and respecting your privacy.

Introduction

This policy (together with our end-user licence agreement as set out at https://www.itwfoodequipment.com/smartconnect365/terms-of-use (EULA) and any additional terms of use incorporated by reference into the EULA, together our Terms of Use) applies to your use of:

• The mobile application software that directed you here (App) available for download from the App Store or Google Play Store, once you have downloaded or streamed a copy of the App onto your mobile device (Device).
• Any of the services accessible through the App (Services) that are available on the App Site or other sites of ours (Services Sites). This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. This App is not intended for children and we do not knowingly collect data relating to children. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.

This policy is incorporated into and is part of this App’s terms of use and gives further information in relation to each of the areas below:

1. Important information and who we are
2. The data we collect about you
3. How is your personal data collected?
4. How we use your personal data
5. Disclosures of your personal data
6. International transfers
7. Data security
8. Data retention
9. Your legal rights
10. Glossary

1. Important Information and who we are

Hobart GmbH is the controller and is responsible for your personal data (collectively with our affiliated company ITW FEG (including their affiliated entities, including Baxter, Bonnet, Centerline, Foster, Hobart, Traulsen, and Vulcan) referred to as "we", "us" or "our" in this policy).

We have appointed a data protection officer (DPO). If you have any questions about this privacy policy, please contact them at datenschutz@hobart.de or Robert-Bosch-Straße 17, 77656 Offenburg, Germany.

You have the right to make a complaint at any time to the supervisory authority for data protection. The responsible supervisory authority for data protection for us is: Der Landesbeauftragte für den Datenschutz und die Informationsfreiheit Baden-Württemberg, Postfach 10 29 32, 70025 Stuttgart.

We would appreciate it, however, if you contacted us first so that we can clear up any possible uncertainties or doubts together. 

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review.

This version was last updated on the Last Updated date referenced above. It may change and if it does, these changes will be posted on this page and we will notify you via email (using the email address you used when registering access to the App). We will obtain your consent to any material Privacy Policy changes if and where this is required by applicable data protection laws.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during our relationship with you.

Third party links

Our Sites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. Please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services. Please check these policies before you submit any personal data to these websites or use these services.

2. The data we collect about you

We may collect, use, store and transfer different kinds of personal data about you and/or your Equipment (as defined in the Glossary section below) as follows:

• Identity Data.
• Contact Data.
• Equipment Data
• Device Data.
• Content Data.
• Profile Data.
• Usage Data.
• Marketing and Communications Data.

We explain what we collect from these categories of data in the Glossary section below.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific App feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

Our App is not intended for use by any individuals under 18 and we request that no person under the age of 18 should provide their personal data to us without their parents' or guardians' consent. We furthermore confirm in particular that we neither explicitly request, nor collect or disclose to third parties any personal data from children and adolescents.

3. How is your personal data collected?

We will collect and process the following data about you:

• Information you give us. This is information (including Identity, Contact, and Marketing and Communications Data) you consent to giving us about you by filling in forms on the App Site and the Services Sites (together Our Sites), or by corresponding with us (for example, by email or chat). It includes information you provide when you register to use the App Site, download or register an App, subscribe to any of our Services, search for an App or Service, share data via an App's social media functions, enter a competition, promotion or survey, , and when you report a problem with an App, our Services, or any of Our Sites. If you contact us, we will keep a record of that correspondence.
• Information we collect about you and your device. Each time you visit one of Our Sites or use one of our Apps we will automatically collect personal data including Device, Content and Usage Data. We collect this data using cookies and other similar technologies. Please see our cookie policies and website privacy policies available on each Service Site for further details.
• Information we receive from other sources including third parties and publicly available sources. We may receive personal data about you from third parties as set out below:

• Device Data from the following parties: analytics providers such as Wiredminds based in Germany and Google based outside the EU.

Cookies

We use cookies to distinguish you from other users of the App, App Site, the distribution platform (Appstore) or Services Sites and to remember your preferences. This helps us to provide you with a good experience when you use the App or browse any of Our Sites and also allows us to improve the App and Our Sites. For detailed information on the cookies we use, the purposes for which we use them and how you can exercise your choices regarding our use of your cookies, see our cookie policies at each Service Site that you visit.

4. How we use your personal data

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

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

We have set out below the lawful bases that we will rely on to process your personal data in relation to different purposes to the extent that these apply within your jurisdiction. For more information about what each lawful basis is, please see the definitions provided in the Glossary.

We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us.

We will obtain your express opt-in consent before we share your personal data with any third party for marketing purposes.

Purposes for which we will use your personal data

• To install the App and register you as a new App user
  • Type of data: Identity, Contact, Device, Equipment
  • Lawful basis for processing: Your consent
• To manage our relationship with you including notifying you of changes to the App or any Services and responding to enquiries
  • Type of data: Identity, Contact, Profile, Marketing and Communications
  • Lawful basis for processing: Your consent, Performance of a contract with you, Necessary for our legitimate interests (to keep records updated and to analyse how customers use our products/ Services), Necessary to comply with legal obligations (to inform you of any changes to our terms and conditions)
• To enable you to participate in a prize draw, competition or complete a survey
  • Type of data: Identity, Contact, Device, Profile, Marketing and Communications
  • Lawful basis for processing: Your consent, Performance of a contract with you, Necessary for our legitimate interests (to analyse how customers use our products/Services and to develop them and grow our business)
• To administer and protect our business and this App including troubleshooting, data analysis and system testing
  • Type of data: Identity, Contact, Device
  • Lawful basis for processing: Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security)
• To deliver content and advertisements to you, To make recommendations to you about goods or services which may interest you, To measure and analyse the effectiveness of the advertising we serve you, To monitor trends so we can improve the App
  • Type of data: Identity, Contact, Device, Content, Profile, Usage, Equipment, Marketing and Communications, Location
  • Lawful basis for processing: Consent, Necessary for our legitimate interests (to develop our products/Services and grow our business)

5. Disclosures of your personal data

When you consent to providing us with your personal data, we will also ask you for your consent to share your personal data with the third parties set out below for the purposes set out in the table Purposes for which we will use your personal data above:

• to other divisions of ITW FEG and any affiliates of ITW FEG or of its parent Illinois Tool Works Inc., for example, to support the delivery of, provide functionality on, or help to enhance the security of our app or to support the delivery of goods or services that you ordered from us, or who otherwise process personal information for purposes that are described in this Privacy Policy or notified to you when we collect your personal information and who are based in the U.S..
• our third party services providers, partners and professional advisers, for example, to support the delivery of, provide functionality on, or help to enhance the security of our app, to support the delivery of goods or services that you ordered from us, or provide audit, consultancy, legal, insurance and banking services, or who otherwise process personal information for purposes that are described in this Privacy Policy or notified to you when we collect your personal information and who are based in Germany, France, United Kingdom, the U.S., and/or Canada.
• to third party services providers you have engaged through the App for the purpose of performing orders and services as agreed between you and the third party services provider. The third party services provider does not process personal information on our behalf but solely as part of the relationship between you and the third party services provider as data controller;
• to any competent law enforcement body, regulatory, government agency, court or other third party based in the EU, the U.K. or the U.S. where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person;
• to a potential or actual buyer (and its agents and advisers) in connection with any proposed or actual purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your personal information only for the purposes disclosed in this Privacy Policy;
• to any other person with your consent to the disclosure.

6. International transfers

Your personal information may be transferred to, and processed in, countries other than the country in which you are resident.  These countries may have data protection laws that are different to the laws of your country.

Specifically, our app servers are located primarily in the European Union, and our group companies and third party service providers and partners operate in several countries.  This means that when we collect your personal information, we may process it in any of these countries.

However, we have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Privacy Policy. These include implementing the European Commission’s Standard Contractual Clauses for transfers of personal information between our group companies, which require all group companies to protect personal information they process from the EEA in accordance with European Union data protection law. 

Our Standard Contractual Clauses can be provided on request. We have implemented similar appropriate safeguards with our third party service providers and partners and further details can be provided upon request.

7. Data security

All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password that enables you to access certain parts of Our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way. For example, we use cookies to remember when you are logged into a secure area of our App or Website and help protect your account from being accessed by anyone other than you. All information collected through the App and Our Sites is stored within a secured database that is not accessible to the outside world and all our servers are protected behind both hardware and software firewalls. Low-level access to all information is restricted to authorized support personnel only. We implement the latest technical measures to ensure data security, particularly in order to protect your personal data from the risks of data transfer and from third parties acquiring it. These measures are updated to meet the current relevant state of the art technology.

We may collect and store personal data on your Device using application data caches and browser web storage (including HTML5) and other technology.

Certain Services may include social networking, chat room or forum features. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.

8. Data retention

We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements within your jurisdiction).  When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

In some circumstances you can ask us to delete your data: see Your legal rights below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

In the event that you do not use the App for a period of 6 months then we will treat the account as expired and your personal data may be deleted.

9. Your legal rights

Under certain circumstances you have the following rights under data protection laws in relation to your personal data to the extent that these apply within your jurisdiction.

You have the right to:

• Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
  1. if you want us to establish the data's accuracy;
  2. where our use of the data is unlawful but you do not want us to erase it;
  3. 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
  4. you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

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

You also have the right to ask us not to continue to process your personal data for marketing purposes and to opt out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us using the contact details provided under the Contact Details section above.

You can exercise any of these rights at any time by contacting us using the contact details provided under the Contact Details section above.

10. Glossary

Lawful basis

Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

Description of categories of personal data that we collect

• Identity Data: first name, last name, employer name, username or similar identifier and title.
• Contact Data: billing address, delivery address, email address and telephone numbers.
• Equipment Data: IP address and location data, in each case related to or derived from the Equipment. Equipment means the commercial food equipment your company purchases from ITW FEG or its authorized distributors that you have connected with the App.
• Device Data: includes the type of mobile device you use, a unique device identifier (for example, your Device's IMEI number, the MAC address of the Device's wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting, language preference, and other incidental information related thereto or derived therefrom.
• Content Data: includes information stored on your Device, including login information.
• Profile Data: includes your username and password,  your interests, preferences, feedback and survey responses.
• Usage Data: includes details of your use of any of our Apps or your visits to any of Our Sites including, but not limited to, traffic data and other communication data and the resources that you access. This includes but is not limited to the analysis tools Google Analytics, Wiredminds, and other cookies data, and data from social plugins when you click through links provided on any of Our Sites to view videos hosted by YouTube and map locations hosted by Google Maps. For further information on the analysis tools and social plugins used on Our Sites please refer to our website privacy policy: https://www.hobart-export.com/privacy-policy.
• Marketing and Communications Data: includes your preferences in receiving marketing from us and our third parties and your communication preferences.