Privacy Statement

Privacy Statement 2018-06-12T11:26:37+00:00

Privacy Notice

If you’re in the European Economic Area and your personal data is governed by the General Data Protection Regulation (EU) 2016/679 and the respective implementing acts of European Economic Area Member States, please see our Privacy Notice for more information on how we handle your personal data.

Who we are.
What personal data do we collect about you?
Where do we collect personal data about you from?
We use your personal data in order to:
How long do we keep your personal data?
Who do we share your personal data with?
What legal basis do we have for using your personal data?
What happens if you do not provide us with the information we request or ask that we stop processing your information?
Do we use Cookies to collect personal data on you?
What about marketing?
Where do we store your personal data? Do we transfer your personal data outside the EEA?
How do we keep your personal data secure?
What rights do you have in relation to the personal data we hold on you?
How can you make a request to exercise your rights?
How can you contact us?
How will we notify you of updates to this notice?

Who are we?

We are eMaint Enterprises, LLC., a Fluke Company (eMaint) with offices at 438 N. Elmwood Road, Marlton, NJ 08053, (239) 494-8928, support@emaint.com.

We provide our eMaint Computerized Maintenance Management Software (CMMS) and Enterprise Asset Management (EAM) solutions to customers.

We use your information as further explained in this Privacy Notice. We’ll be the “controller[s]” of the information you provide to us.

Our sister company in Ireland — eMaint EMEA, LTD, located at The Old Distillery Building, Beresford Street, Smithfield, Dublin 7, Ireland, +353 1 507 9741, support@emaint.com — supports our customers throughout Europe, Middle East, Africa, India, and Asia.

Our website links to other websites, which will have their own privacy notices and terms. Our services may also offer social sharing features and other integrated tools (such as the Facebook “Like” button), which let you share actions you take on our services with other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features. We accept no responsibility for the privacy practices of these entities.

What personal data do we collect about you?

We will collect certain personal information about you in the course of your relationship with us.

We will collect certain personal data that you provide directly to us when using our website and services, including your name, email address, password [encrypted], 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, 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 websites or services, we automatically collect certain personal data about you, which may include:

• Log information about your use of our websites and 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;
• 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 the 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.

We may allow others to serve advertisements on our behalf across the Internet and to provide analytics services. Consistent with your permission, these entities may use cookies, web beacons and other technologies to collect information about your use of the Services and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. For more information about Internet-based ads, or to opt out of having your web browsing information used for behavioural advertising purposes, please visit Google’s Ads Settings and the Digital Advertising Alliance’s opt-out mechanism.

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 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. [e.g. from one of our recruitment agencies]

• Through publicly available sources. We use the following public sources:
PPC
Google Adwords
Bing
LinkedIn
Facebook
Twitter

• We use the following Third Party sources:
Software Advice
Buyerzone
SelectHub
Capterra
Better Buys – Catalyst Media
Fiind
LeadCrunch

• 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 our premises and your image and movements will be recorded while you are on our sites or premises.

• We may also obtain personal data from other sources (for example, people you work with) and combine that with information we 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;
• Monitor and analyze trends, usage and activities in connection with our services and related tools and those of third parties and better understand your online activity, 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; 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 fulfill 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 unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

We have internal rules that set out how long we retain information. Please contact us at support@emaint.com for more information.

Who do we share your personal data with?

• With our parent company, Fortive Corporation or any successor parent, and our 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 products and 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 of (including due diligence), 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.

These third parties comply with similar and equally stringent undertakings of privacy and confidentiality. 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 in our Security section 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.

Do we use Cookies to collect personal data 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.

Where required by law, we will ask you for your consent to our use of cookies when you first visit our Services. You will be presented with a choice of cookies for which we need to ask for your consent and a description of what function these cookies perform. If you agree to cookies, we will place a cookie on your device. If you change your mind, simply delete the cookies on your device (please see: www.allaboutcookies.org/managecookies/index.html) and you will be asked again if you agree or disagree with our use of cookies when you next visit our Services.

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 summarised these below. Further information and advice about your rights can be obtained from the data protection regulator in your country.

RightsWhat does this mean?

1. The right to be informedYou 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 accessYou 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 lodge
a 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
withdraw consent
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 eMaint Enterprises, LLC of 438 N. Elmwood Rd, Marlton, NJ 08053, United States or sending an email to support@emaint.com. 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.