Effective Date: January 26, 2021
SmartWash Solutions, LLC (“SWS”, “we”, “us” and “our”) is committed to respecting the privacy and security of the personal data we process. This Privacy Notice (“Privacy Notice”) provides important information about our use of personal data and informs you of your rights and choices. Please read this Privacy Notice carefully and let us know if you have any questions, comments, or concerns.
For users of our Products, your data controller is the SmartWash Solutions entity with which you entered into your customer agreement.
By accessing or using the SWS Services, as defined below, you acknowledge and agree that you have received and read this Privacy Notice. We may update this Privacy Notice from time to time as described in the Changes to this Privacy Notice section below.
This Privacy Notice is intended to tell you about how SWS collects, uses and shares personal data when:
- you visit and/or use any of our websites with the domain smartwashsolutions.com (“Site”);
- you access, use or interact with any of the products or product-related services SWS provides, which include the SWS process control solutions and platform (“Products”);
- you register for or attend any training or event hosted, sponsored, or provided by SWS or access any SWS content, such as articles;
- you communicate with us; and
- we market and promote our Services.
For the purposes of this Privacy Notice, we refer to our Site, Products, and any other services we provide as the “Services.”
2. Personal Data We Collect and How It Is Collected
Personal data means any information about an individual from which that person may be directly or indirectly identified. For example, it may include your name, phone number, or email address. Personal data does not include anonymous or aggregate data where the identifiers have been removed. We collect information, including personal data, directly from you and indirectly, as described below.
a. Information You Provide to Us
We collect information that you provide directly to us when you access or use our Services or when you interact with us. We collect information that you provide to us in the following ways:
i. Information from Site Visitors
When you submit a form on our Site, such as to request information about our Services, download a white paper, or engage with other interactive portions of our Site, we collect your name, company name, business email address, business phone number, job title or role, country, the information or content you’re accessing, and the content of any inquiry or message you may include with your request.
ii. Information from Users of Our Products and other Services
When you sign up for, access, or otherwise use or interact with any of our Products, we collect your name, business contact information including your business email address and phone number, and professional details, such as your company name and role, and any other account details you provide. When you submit a customer support request or feedback, we collect your name, business contact information, reason for contacting us and any other information you provide as part of your request or feedback. If you request additional implementation or customer support services, we may collect additional information as needed to provide the services, such as additional account or system information. When you register for and/or attend a training or other event that is hosted or sponsored by SWS, we collect your contact and registration information, including your business email address and the event you registered for.
iii. Information Received When You Interact With Us
Whenever you communicate with us, such as by emailing or calling us, we collect your name, business email address, business phone number, company name, country, your job title or role, and information about your inquiry or request.
b. Information Collected Indirectly
i. Usage and Activity Log Data
We collect information about your interactions with and use of the Services by automated means. When you use the Products, we collect hardware IP address, system settings, login details, features that you use, reports you’ve run, and the activities you’ve taken while using the Products. When you use the Site or other online Services, this information may include clickstream data, login details, and how you interact with the Services.
ii. Device Data
We collect certain information about the devices you use to access the Site or online Services. This information may include IP address, access dates and times, information about your approximate location (as determined through your IP address), mobile, computer or device hardware information (e.g., operating system version, Hardware model, IMEI number and other unique device identifiers, MAC address, and device settings), device event information, and crash data. This information helps us to provide, protect, and enhance and improve the Site and online Services by helping us to understand how you use them. When you use the Products, we collect IP address from the Product hardware to determine location and language for your use of the Products.
iii. Cookies and Similar Technologies
We and/or our authorized third-party service providers or agents collect certain information by automated means using cookies and other similar technologies when you visit or access the Site or other online Services, such as online trainings. This information enables us to better understand the pages or content you view, your searches, traffic patterns, to secure and maintain our Services, and to optimize user experience. A cookie is a small text file containing a string of alphanumeric characters that is sent to your computer or device that allows us to uniquely identify your browser, computer, or device. We may also employ other technologies such as web beacons or pixels that collect information such as your web request, IP address, unique device identifiers, and information that can show your Service usage patterns. For more details about the cookies and other tracking technologies utilized on our Services, please see our Cookie Notice, available at: Cookie Notice.
c. Information Collected From Other Sources
We receive information from our affiliates, service providers, and third party sources. We may combine this information with information we collect through the means described above. This helps us to update and improve our records and the Services, identify new customers, improve our marketing activities and suggest services that may be of interest to you.
i. Affiliates: We may receive information from a company controlled by or under common control with SWS (“Affiliate”).
ii. Partners: We may receive information from third parties with whom we partner to provide our Services. The information we receive from partners may include contact information, company name and location, what Services you have purchased or may be interested in, and feedback.
iii. Service Providers: We receive information from authorized third parties who perform business services for SWS, such as Site information from third parties that assist us in operating our Site and transactional data from our third-party infrastructure service providers.
iv. Third-Party Tracking and Third-Party Data Sources: We receive information from the third parties who provide some of the cookies and tracking technologies we use as part of our Site and online Services. These third parties include advertising and market research partners who provide us with information about your interest in and engagement with our Site, online Services, and emails and publicly available data sources (like social media platforms). We also receive marketing data that SWS uses to find new leads and optimize conversion rates, such as lead lists from conference organizers or third-party lead generation databases or services. The information we may receive from these third parties may include business mailing addresses, job titles, business email addresses, business phone numbers, intent data (or user behavior data), IP addresses and social media profiles. We use this information for the purposes of promoting services that may interest you, delivering personalized communications, event promotion, and profiling.
d. What if You Do Not Provide Information?
You may choose not to provide information directly to us or to not use the Services. However, some personal data is necessary so that we can provide you with the Services you have requested and to use features of our Services. Failure or refusal to provide this information may prevent us from providing you with access to our Services.
3. Why We Collect Personal Data and How We Use It
We, or our authorized third-party service providers and/or agents who assist us in providing the Services, process personal data for the following reasons:
- To provide and operate the Services;
- To update, improve, and/or enhance the Services and research and develop new features, functionality, products and services;
- To provide technical support for, secure and protect the Services, including to detect and prevent fraud, abuse, or security risks, and to track outages and troubleshoot;
- To conduct analytics related to the Services;
- To facilitate payments, fees, and subscriptions;
- For our internal business activities, such as to set up, manage and maintain customer accounts;
- To respond to your inquiries and requests, or otherwise communicate with you;
- To provide you with support and assistance related to the Services, such as to provide Product implementation assistance, maintenance and repairs, manage warranty claims, and help you enhance your use of the Services;
- To provide Product-related training and events;
- For our marketing and advertising purposes, such as to send you marketing communications about our Services;
- To provide updates about our Services;
- To enforce our agreements, resolve disputes or otherwise to carry out our obligations and enforce our rights, and to protect our business interests and the interests and rights of third parties;
- To comply with legal and contractual obligations and requirements;
- To keep you updated about changes to policies relating to our Services (including this Privacy Notice); and
- For any other purpose with your consent.
We process personal data for the legal bases listed below. The applicable legal basis depends on the Services you use and how you use them.
- To provide you the Services you’ve signed up for or requested, including any personalized features, and provide you with customer support.
- 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. For example, to improve or enhance the Services or to market and promote the Services.
- Where we need to comply with a legal or regulatory obligation. For example, keeping records of our sales for tax compliance.
- If we have obtained your prior consent. Please note that for this specific legal basis, you have the right to withdraw your consent at any time, but this will not affect any processing that has already taken place.
4. Disclosure of Personal Data
Aside from disclosing personal data to those of our personnel who are authorized to process the information in order to provide the Services, we disclose personal data only to the third parties and for the reasons described below.
SWS does not share personal data with third parties for their own marketing purposes.
We may share personal data with Affiliates for the purposes noted in this Privacy Notice.
b. Other Users Within Your Organization
Actions you’ve taken while using the Products can be produced in reports generated by your company.
c. Service Providers
We share personal data with our third-party service providers, vendors, partners, agents, consultants, subcontractors and others that help us with providing our Services or with any of the purposes described in this Privacy Notice. These service providers provide services to us, for us, and/or on our behalf. Depending on how you use the Services, the following categories of third parties may collect or receive personal data from us or on our behalf:
- Analytics providers;
- Advertising and Marketing partners;
- Customer support providers;
- Information technology, software development, hosting, website development and management, and related infrastructure providers;
- Engineering and software development consultants;
- Training and event coordination providers;
- Providers of business operations and communication tools; and
- Other third-party service providers that help us provide the Services.
d. Business Transfers
We may share personal data with third parties we choose to acquire or with buyers, successors, or others in connection with a merger, divestiture, restructuring, reorganization, financing due diligence, dissolution or other sale or transfer of some or all of our assets or transition of service to another provider, whether as a going concern or as part of bankruptcy, receivership, liquidation or similar proceeding, as permitted by law and/or contract.
e. Legal Obligations
We may disclose personal data if we believe that it is necessary to (a) comply with a law, regulation, legal process, or legitimate governmental request; (b) protect the safety or security of the Services, users of the Services, or any person; (c) investigate, prevent, or take action regarding illegal or suspected illegal activities; (d) prevent spam, abuse, fraud, or other malicious activity of actors using or accessing the Services; or (e) protect our rights or property or the rights or property of those who use the Services. Non-public information about our users will not be released to law enforcement except in response to an appropriate legal process such as a subpoena, court order, or other valid legal process that has been reviewed by SWS. However, if we receive information that provides us with a good faith belief that there is an exigent emergency, we may provide information to law enforcement trying to prevent or mitigate the danger (if we have it), to be determined on a case-by-case basis.
f. With Your Consent
There may be situations where you are asked to consent to share personal data with third parties for additional reasons not included in this Privacy Notice. We will only share personal data with these third parties if you consent to such sharing.
g. Aggregate, Anonymous, or De-Identified Data
We may share anonymous or de-identified data with our service providers or business partners for the purpose of analysis and improvements. Additionally, SWS may share such anonymous or de-identified usage data on an aggregate basis in the normal course of operating our business.
5. Marketing Preferences
From time to time, we may use personal data to send you information about offerings that may be of interest to you. If you no longer want to receive marketing emails from us in the future, you may opt-out by using the unsubscribe link that we include at the bottom of each marketing email. You can also manage your marketing preferences by contacting us.
6. Third-Party Links
7. Protecting Personal Data
We use reasonable and appropriate security measures designed to prevent personal data from being lost, used, accessed, altered or disclosed in an unauthorized or unlawful way.
However, no method of transmission over the Internet, or method of electronic storage, is 100% secure, and we cannot and do not guarantee that personal data is completely secure and safe from such risks. By using the Services, you understand and assume the risks associated with your activities on the Internet.
If you have reason to believe that your information is no longer secure, please let us know by contacting us.
8. Data Retention
We retain personal data for the purposes stated in this Privacy Notice. To determine how long we keep personal data, we consider the amount, nature and sensitivity of personal data, the reasons for which we collect and process the personal data and applicable legal requirements.
If the Services are made available to you through an organization (e.g., your employer), we retain your personal data as long as required by the administrator of your account.
9. International Transfers of Personal Data
The personal data that we collect or receive may be transferred to and processed in countries located outside of your country of residence to the countries where we or our third-party service providers operate. These transfers include transfers to SWS affiliates globally and service providers. The data protection laws of the countries where personal data is processed may not be as comprehensive as or equivalent to those in your country of residence. Whenever we transfer personal data internationally, we take appropriate steps to protect it as required under applicable law. When we transfer personal data of individuals who are located in the European Economic Area (“EEA”), the UK, or Switzerland, we make use of the European Commission-approved standard contractual data protection clauses.
10. Your Choices
a. Accessing and Updating Personal Data
All users who have shared personal data directly with us through our Services or authorized service providers may contact us to review, update or correct their personal data that we have on file. For questions about personal data that we hold about you, please contact us at firstname.lastname@example.org. We will respond to reasonable inquiries without undue delay and as provided under applicable law. Before we can act on your requests, for security purposes we may ask you to verify your identity. We may not accommodate a request to change personal data if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
b. Marketing Email Opt-Out
If you do not wish to receive marketing emails from us, you can opt-out by following the unsubscribe instructions in the emails or by contacting us at email@example.com. We will work to honor your request within 10 business days or as required under applicable law. If you opt-out, we will still send you transactional emails for service purposes, such as for responses to your requests or communications about your account.
c. Cookies and Online Advertising Opt-Out
As described above in this Privacy Notice, we collect and may permit third parties to collect information using cookies and other similar technologies. Please see our Cookie Notice for ways to exercise your choices around cookies and other technologies.
d. Do-Not Track Preferences
Some browsers have incorporated “Do Not Track” (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not yet a common understanding of how to interpret the DNT signal, the Services do not currently respond to browser DNT signals.
11. Additional European and International Data Rights
The European Union’s General Data Protection Regulation, the UK Data Protection Act 2018, and certain other countries’ data protection laws provide certain rights for data subjects. If you are a resident of a country in the European Economic Area, the United Kingdom, or another country with data protection laws that provide for certain data subject rights, you may submit a request to exercise your rights. We respond to all requests we receive from individuals wishing to exercise their data rights in accordance with applicable data protection laws. Depending on your country of residence, your rights may include:
- The right to be informed – that’s a right to be informed about how we use personal data (and that’s what we’re doing in this Privacy Notice);
- The right of access – that’s a right to make what’s known as a ‘data subject access request’ for a copy of the personal data we hold about you;
- The right to rectification – that’s a right to request that we correct personal data about you that may be incomplete or inaccurate;
- The right to erasure (also known as the ‘right to be forgotten’) – that’s where, in certain circumstances, you can ask us to delete the personal data we have about you. Please note that even if you request for your personal data to be deleted, we may need to retain certain information for particular reasons. For example, we may need to retain personal data to meet our legal or regulatory compliance obligations, such as maintaining records of transactions you have made with us, exercise, establish or defend legal claims, and to protect against fraudulent or abusive activity;
- The right to restrict processing – that’s a right for you, in certain circumstances, to ask us to suspend processing personal data;
- The right to data portability – that’s a right for you to ask us for a copy of your personal data in a common format (for example, a .csv file); and
- The right to object – that’s a right for you to object to us processing your personal data (for example, if you object to us processing your data for direct marketing).
- The right to withdraw Consent — if we have collected and processed personal data with your consent, you have the right to revoke that consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal data conducted in reliance on lawful processing grounds other than consent.
- The right to file a complaint — that’s the right to file a complaint with a supervisory authority about our collection and processing of your personal data.
To submit a request, please contact us using the information described in the “Contact Us” section below, and we will respond to your request in accordance with applicable laws.
These rights are subject to certain rules around when you can exercise them. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
We will respond to all legitimate requests within thirty (30) days, unless applicable data protection law requires an earlier response. Occasionally it may take us longer than thirty (30) days if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated as required by law.
If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact us.
12. Children’s Privacy
Our Services are not intended for children under 18 years of age, and SWS does not knowingly collect personally identifiable information directly from children under the age of 18. If you are under the age of 18, please do not use the Services or provide any personal data. If you learn that a child under age 18 has provided us with personal data, please contact us. If we learn we have collected or received personal data about a child under the age of 18 without verification of parental consent, we will take steps to delete that information as required by applicable law.
13. Changes to this Privacy Notice
We may update this Privacy Notice from time to time. When we update the Privacy Notice, we will revise the “effective date” above and post a link to the new Privacy Notice on our website, unless otherwise required by applicable law. You are advised to review this Privacy Notice periodically for any changes. Changes to this Privacy Notice are effective when they are posted on this page. Whenever we make any material changes to this Privacy Notice, we will provide you with notice before the modifications are effective, such as by posting a notice on our website or sending a message to the most recent email address that we have on file for you.
14. Contact Us
If you have any questions about this Privacy Notice or our privacy practices, please contact us by email at: firstname.lastname@example.org, or by mail at:
SmartWash Solutions, LLC
1129 Harkins Road
Salinas, CA, 93901