Owner and Data Controller
eMaint Enterprises, LLC. 3181 North Bay Village Court, Bonita Springs, FL 3413
Owner contact email: [email protected]
Types of Data collected
Among the types of Personal Data that this Application collects, by itself or through third parties, there are:
Cookies, Usage Data and email address.
Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Application.
Unless specified otherwise, all Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.
Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.
Users are responsible for any third-party Personal Data obtained, published or shared through this Application and confirm that they have the third party’s consent to provide the Data to the Owner.
Mode and place of processing the Data
Methods of processing
The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Application (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.
Legal basis of processing
The Owner may process Personal Data relating to Users if one of the following applies:
- Users have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;
- provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;
- processing is necessary for compliance with a legal obligation to which the Owner is subject;
- processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner;
- processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.
In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
The Data is processed at the Owner’s operating offices and in any other places where the parties involved in the processing are located.
Depending on the User’s location, data transfers may involve transferring the User’s Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.
Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.
If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.
Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.
- Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.
- Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.
The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.
Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.
The purposes of processing
The Data concerning the User is collected to allow the Owner to provide its Services, as well as for the following purposes:
Analytics, Interaction with live chat platforms, Advertising, Remarketing and behavioral targeting and User database management.
Users can find further detailed information about such purposes of processing and about the specific Personal Data used for each purpose in the respective sections of this document.
Detailed information on the processing of Personal Data
Personal Data is collected for the following purposes and using the following services:
The rights of Users
Users may exercise certain rights regarding their Data processed by the Owner.
In particular, Users have the right to do the following:
- Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
- Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
- Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
- Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
- Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.
- Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.
- Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User’s consent, on a contract which the User is part of or on pre-contractual obligations thereof.
- Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.
Details about the right to object to processing
Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.
Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.
How to exercise these rights
Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.
Last updated: 1st August 2018
Who are we?
Fluke Corporation of 6920 Seaway Blvd, Everett WA 98204, United States and its corporate subsidiaries and affiliated companies (collectively, “we”, “our” or “us”) provide our hardware, software, website and services (our “Services”) under our Fluke, Fluke Biomedical, Fluke Process Instruments, Fluke Networks, Fluke Calibration, Amprobe, Irisys, Pomona, Pacific Laser Systems, Datapaq, Comark, eMaint, Landauer, and RaySafe brands to customers.
Our affiliates and subsidiaries in the EEA and the contact details of any data protection representatives that we have appointed in the EEA are listed here.
We use your information as further explained in this Privacy Notice. We’ll be the “controller” of the information you provide to us.
What does this Privacy Notice cover?
We at Fluke take your personal data seriously. This notice:
What personal data do we collect about you?
We will collect certain personal data that you choose to provide directly to us when using our Services, which may include your name, email address, password, postal address, phone number, company name, and contact details, job function, job title, industry sector, names and contact information of individuals you work with, work related records and reports, purchase, device and tool information related to your account (e.g., serial number and date purchased), payment information, service activation codes, photographs, videos, diagrams, notes, and any other information you choose to provide.
When you access our Services, we automatically collect certain personal data about you, which may include:
- log information – about your use of our Services, Internet Protocol (“IP”) address, the type of browser you use, access times, pages viewed, number of clicks, and the page you visited before navigating to our website or Services, including by using cookies;
- device information – about the computer or mobile device you use to access our Services, or information about certain Fluke tools or devices you use, including the hardware model, MAC address, operating system and version, unique device identifiers and mobile network information;
- network information – about your network, such as information about devices, nodes, configurations, connection speeds and network and application performance;
- location information – about the location of your mobile device or Fluke device or tool each time you access or use one of our mobile applications, devices or tools;
- usage information – about your use of our Services, such as how often our Services are used, the duration and quality of use, the types of use (e.g. data creation, storage, access, deletion), calibration data, project configuration data and operator data.
Where do we collect personal data about you from?
We may collect personal data about you from the following sources:
- Directly from you. This is information you provide to us when you, for example, create an online/mobile application account and/or profile, use or access our Services including any interactive areas of our Services, request or purchase our Services, fill out a form, provide us with your business card or other contact information, participate in a contest or promotion, complete a survey, sign up to receive one of our newsletters, make a purchase, communicate with us via third party social media sites, request customer support or otherwise communicate with us.
- From an agent/third party acting on your behalf, for example from one of our recruitment agencies.
- Through referrals from distributors, resellers, channel partners and others in connection with the sale and marketing of our Services with your prior permission or where otherwise permitted by applicable law.
- Through publicly available sources. We use the following public sources:
- Publicly available business web pages
- Consistently with your permission, we may allow others to serve advertisements on our behalf across the Internet and to provide analytics services through cookies, web beacons and other technologies. These technologies will collect information about your use of our Services and other websites.
- Using CCTV cameras. We have cameras on some of our premises and your image and movements will be recorded while you are on our sites or premises. The use of CCTV cameras will be notified to you on these premises.
We may also obtain personal data from other sources (for example, people you work with) and combine that with information we hold or collect about you.
How and why do we use your personal data?
|We use your personal data in order to:
• Provide, maintain and improve our Services;
• Provide and deliver the products and Services you request, process transactions and payment card data and send you related information, including confirmations and invoices;
• Resolve technical issues related to our Services, and send you technical notices, updates, security alerts and support and administrative messages;
• Respond to your comments, questions and requests, and provide customer service;
• Communicate with you about products, services, offers, free trials, surveys, contests, promotions, rewards and events offered by us and others, and provide news and information we think will be of interest to you, including through electronic communications such as email and push notifications or alerts to your mobile device;
• Monitor and analyse trends, usage and activities in connection with our Services and related tools and those of third parties and better understand your online activity and the popularity of certain content, including by using cookies;
• Personalize and improve our Services, and provide advertisements, content or features that match your profiles or interests, including by using cookies;
• Process and deliver contest entries and rewards;
• Link or combine with information we get from others to help understand your needs and provide you with better service;
• Ensure we operate in a way that is compliant with applicable law, for instance by keeping records of with whom we do business;
• CCTV cameras will be used for the purpose of ensuring the safety and security of our premises, staff and visitors; and
• Carry out any other purpose which is compatible with the purpose for which the information was collected.
We will not use your information for any other purposes unless we are required to do so by law.
How long do we keep your personal data?
How long we keep your information will depend on the purpose for which we use it.
We only keep your information for as long as is reasonably necessary for the purposes set out in this Privacy Notice and to fulfil our legal obligations. To determine the appropriate length of time to keep your information, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
We have internal rules that set out how long we retain information. Please contact us at [email protected] for more information.
Who do we share your personal data with?
Your personal data may be shared:
- with our parent company, Fortive Corporation or any successor parent, and our corporate affiliates and subsidiaries for internal reasons, primarily for business and operational purposes;
- with distributors, resellers, channel partners and others in connection with the sale and marketing of our Services offered by Fluke or on behalf of Fluke, with your prior permission or where otherwise permitted by applicable law;
- with other users at your direction or through functionality available in our Services, including when you participate in the interactive areas of those Services;
- with vendors, consultants, and other service providers who need access to such information to carry out work on our behalf;
- with third parties who need access to such information to perform a service that you requested;
- in response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation, including at the request of governmental authorities conducting an investigation; to detect and protect against fraud, or any technical or security vulnerabilities; to respond to an emergency; or if we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect our rights, property and safety and the rights, property and safety of others;
- where necessary in connection with, or during negotiations (and due diligence) of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company, subject to our taking such further steps as may be required by applicable law; and
- with your consent or at your direction, such as where you decide to share information through an external API.
Unless we are acting on your specific instruction, we exercise due diligence to make sure that there are adequate safeguards for the security, confidentiality and privacy of your personal data.
What legal basis do we have for using your personal data?
We process your information:
- where you have given us consent to process your personal data for certain purposes, for instance to send you promotional communications related to our Services.
- where this is necessary for the performance of a contract with you for the provision of our Services or to take steps at your request prior to entering into such contract.
- to comply with our legal obligations, for example to keep records and accounts, or to carry out identity checks and other verifications prescribed by law.
as this is necessary in pursuit of our legitimate interests in running, developing and growing our business and providing our Services, including sending you communications related to our Services and profiling related to how you have used and interacted with our Services. While there are some risks with this type of activity, on balance, we consider the risk to your rights of data protection is outweighed by the significant benefits in providing you with the Services you ask us for where there is no relevant contract to cover the provision of these Services, as well as in improving our Services and our communications to you. We’ve also implemented protections for your rights by putting in place appropriate security measures to protect your personal data, as set out below. You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on legitimate interests. More information on this right and on how to exercise it is set out below.
What happens if you do not provide us with the information we request or ask that we stop processing your information?
Where we need to collect personal data in order to enter into or perform a contract and you fail to provide that data when requested, we may not be able to enter into or perform that contract, but we will notify you if this is the case at the time.
When you use our Services, for instance our mobile applications, tools and devices, you may be asked to provide certain information. Where you do not do so, and that Service, or certain features of the Service, requires this information, the Service or certain features of the Service will no longer function.
Do we make automated decisions concerning you?
No, we do not carry out automated decision making or automated profiling that will have legal or other similarly significant effects on you.
Cookies and other tracking technologies (such as web beacons) are used to enhance your experience by allowing us to tailor our content based on your interests and distinguish you from other users of our Services.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your device. A cookie can contain information, such as a user ID or preferences, which we use to personalize content, track the pages you’ve visited or to save your password so you do not have to re-enter it each time you visit our website or use our Services.
We use the following types of cookies:
- Strictly Necessary Cookies. These are cookies or other tracking mechanisms necessary to make our Services function as intended. They include, for example, cookies that enable you to use a shopping cart.
- Analytical/Performance Cookies. They allow us to recognize and count the number of visitors and to see how visitors move around our Services. This helps us to improve the way our Services work, for example, by ensuring that users are finding what they are looking for easily.
- Functionality Cookies. These cookies enable us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region). They may also be used to recognize you when you return to our Services.
- Third-Party and Marketing Cookies: We may allow third parties to place cookies on your device for advertising and analytics purposes. For more information about these cookies, please see above.
You can also adjust your browser settings to receive a message every time a cookie is installed on your computer or to prevent their installation altogether. Although rejection of cookies will not interfere with your ability to interact with most of our Services, you will need to accept cookies if you choose to areas access portions of our Services that require registration or login. Certain other functions and/or services might be unavailable to you if you reject cookies altogether (such as remembering your choice of language on a website).
What about marketing?
We would like to be able to contact you from time to time about our new similar products and services and promotional offers, where we have your permission or are otherwise permitted by applicable law to do so.
We would like to provide you with choices regarding certain uses of personal data, particularly around marketing to you, and have therefore established an online privacy centre where you can view and make certain decisions about your personal data use. You can this find here. Alternatively, you can unsubscribe or opt out from any further promotional communications from us at any time by clicking the “Unsubscribe” link in any of our communication or by contacting us using the contact details at the end of this Privacy Notice.
Where do we store your personal data? Do we transfer your personal data outside the EEA?
|Your personal data will be stored on our secure servers at our offices and those of our service providers, which are located in the EEA or in the U.S. and other countries which may not have a level of data protection law equivalent to that of your country.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it as if it were staying in the EEA by ensuring at least one of the following safeguards is implemented:
• We will only transfer your personal data to countries or recipients operating under frameworks (such as the Privacy Shield in the U.S.) that have been deemed to provide an adequate level of protection for personal data by the European Commission.
• We may also use specific contractual clauses approved by the European Commission which give personal data the same protection it has in Europe.
Please contact us if you want further information on the specific safeguards used by us when transferring your personal data out of the EEA.
How do we keep your personal data secure?
We ensure the security of your personal data by putting in place appropriate technical and organisational measures to protect it from accidental loss, theft, misuse, alteration and unauthorized access or disclosure, and unlawful or accidental destruction.
We also take steps to ensure all our subsidiaries, agents, affiliates and suppliers employ adequate levels of security.
What rights do you have in relation to the personal data we hold on you?
By law, you have a number of rights when it comes to your personal data, and we have summarized these below. Further information and advice about your rights can be obtained from the data protection regulator in your country.
||What does this mean?
|1. The right to be informed
||You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we’re providing you with the information in this Privacy Notice.
|2. The right of access
||You have the right to obtain access to your information (if we’re processing it), and certain other information (similar to that provided in this Privacy Notice).
This is so you’re aware and can check that we’re using your information in accordance with data protection law.
|3. The right to rectification
||You are entitled to have your information corrected if it’s inaccurate or incomplete.
|4. The right to erasure
||This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of your information where there’s no compelling reason for us to keep using it. This is not a general right to erasure; there are exceptions.
|5. The right to restrict processing
||You have rights to ‘block’ or suppress further use of your information. When processing is restricted, we can still store your information, but may not use it further. We keep lists of people who have asked for further use of their information to be ‘blocked’ to make sure the restriction is respected in future.
|6. The right to data portability
||You have rights to obtain and reuse your personal data for your own purposes across different services. For example, if you decide to switch to a new provider, this enables you to move, copy or transfer your information easily between our IT systems and theirs safely and securely, without affecting its usability.
|7. The right to object to processing
||You have the right to object to certain types of processing, including processing based on our legitimate interests and processing for direct marketing (i.e. if you no longer want to be contacted with potential opportunities).
|8. The right to lodgea complaint
||You have the right to lodge a complaint about the way we handle or process your personal data with your national data protection regulator.
|9. The right to
|If you have given your consent to anything we do with your personal data, you have the right to withdraw your consent at any time (although if you do so, it does not mean that anything we have done with your personal data with your consent up to that point is unlawful). This includes your right to withdraw consent to us using your personal data for marketing purposes.
How can you make a request to exercise your rights?
To exercise any of the rights above, or to ask a question, contact us using the details set out at the end of this Privacy Notice.
How will we handle a request to exercise your rights?
We’ll respond as soon as we can. Generally, this will be within one month from when we receive your request but, if the request is going to take longer to deal with, we’ll come back to you and let you know.
We usually act on requests and provide information free of charge, but may charge a reasonable fee to cover our administrative costs of providing the information for:
- baseless or excessive/repeated requests, or
- further copies of the same information.
Alternatively, the law may allow us to refuse to act on the request.
How can you contact us?
If you have questions on the processing of your personal data, would like to exercise any of your rights, or are unhappy with how we’ve handled your information, please contact us by writing to Fluke Corporation of 6920 Seaway Blvd, Everett WA 98204, United States or sending an email to [email protected]. The details of the data protection officers that we have appointed can be found here.
If you’re not satisfied with our response to any complaint or believe our processing of your information does not comply with data protection law, you can make a complaint to the data protection regulator the country of your residence.
How will we notify you of updates to this notice?
We may change this Privacy Notice from time to time. If we make changes, we will notify you by revising the “Last Updated” date at the top of this Privacy Notice and, in some cases, we may provide you with additional notice (such as by adding a statement to our homepage or by sending you a notification). We encourage you to review this Privacy Notice whenever you access our Services to stay informed about our information handling practices and the ways you can help protect your privacy.