Privacy & Cookie Policy

1. Categories of Personal Data.

1. 1. General. When using our websites, we process information which you have actively and voluntarily provided about yourself, and includes the following categories of personal data:
      1. Your contact information, including but not limited to your name, e-mail address and telephone number;
      2. Other personal information that you provide us by filling in and submitting forms;
      3. Information submitted as part of a support request, survey, comment or the like;
      4. Information about your interactions with our website, including your device and user identifier, information on your operating system, sites and services accessed during your visit, and the date and time of each request.
   2. Cookies. This website uses cookies. We use cookies to personalize content and ads, to provide social media features, and to analyze our traffic. We also share information about your use of our site with our social media, advertising and analytics partners.
      1. Cookies are small text files stored on your computer’s hard drive and are accessed by our server when you visit our website that can be used by websites to make a user's experience more efficient. We employ cookies that enable us to follow your actions during the browser session.
      2. You can prevent or restrict the storage of cookies on your hard disk by setting your browser not to accept cookies or to request your permission before setting cookies. Once cookies have been set, you can delete them at any time. Please refer to your browser's operating instructions to find out how this works. If you do not accept cookies, this can lead to restrictions in the use of our service.
      3. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use this website’s full functionality.
   3. Business Partners. If you have a business relationship with us, we may process additional personal data, including but not limited to:
      1. Contact information, including your full name, job position, work address, work telephone number, mobile phone number, work fax number and work email address;
      2. Payment data, including such data as necessary for processing payments, fraud prevention, and other related billing information;
      3. Additional information necessary to process a contractual relationship, and any other information that is voluntarily provided by a business partner; and
      4. Personal data collected from publicly available resources and credit agencies

 

2. Data Processing.

1. 1. General. We process personal data for the following reasons:
      1. Providing the services, products or information that you request;
      2. Communicating with you about our services and products;
      3. Planning, performing and managing our business relationship with you;
      4. Conducting market research and analysis;
      5. Marketing, improving products and services, conducting surveys, and notifying you of new services and products, as well as any other changes to our website or services that may affect you;
      6. Maintaining and protecting the security of our products, services, websites, information technology and preventing and detecting security threats, fraud, or other criminal or malicious activities;
      7. Ensuring our compliance with legal obligations, export control and customs, and our policies and industry guidelines.
   2. User Submission. When you voluntarily submit personal data to us, you understand that you are agreeing to allow us to access, store, and use that information for the above purposes.
   3. Technical Data. When you visit our website, our web server will record the domain name or IP address of the requesting computer, the access date, the file request of the client (file name and URL), the HTTP response code and the website from which you are visiting us, the number of bytes transferred during the connection and, if applicable, other technical information. It is necessary to store and process the information described herein for the duration of your session in order to deliver our website content to your computer. We also store some of this information in the log files of our servers for a period of time to investigate and respond to potential data and service incidents.
   4. MyEOS. Please note that special privacy terms apply to our “MyEOS” portal for customers and business partners. You can find our privacy statement for that portal here. 
   5. Newsletters.  If you register via our website or by other means to receive electronic newsletters, we will store and process your registration data for an unlimited period of time until you unsubscribe or we cancel the newsletter. After termination of your registration for the receipt of newsletters, we will retain the registration data, the IP address, date and time of registration as permitted by applicable law.
   6. Registration or Use of Contact Form. If you register on our website and create a user account, all personal data collected in connection with this user account will be stored in this user account until you delete the user account or until we cancel the user account. After de-registration of your user account, we will retain all data for as long as permitted by applicable law. Our website contains a contact form that you can use to submit communications to us. When submitting information through the contact form, you are required to enter an e-mail address that we will use for responding to your request. The contact form enables you to submit additional information on a voluntary basis. If you provide us with personal data via the user account or the contact form for a purpose beyond the use of the website or respective web service, such as sending an offer or product information, we will also store and process this data for this purpose.
   7. Affiliates. We may share data with our affiliates for the purposes described in section 2(a) (California residents, this section does not apply to you, please see section 10(f) below).
   8. Third-Party Offers. Our website may contain references to third parties’ offers in the form of links, advertising banners or the like. We have no control over the entities providing such offers.
   9. Prospective Customers.
      1. If a customer relationship does not exist and is not subsequently established, we will store your registration and the object of your interest in our database of prospective customers. If you express your interest in our products or services by making an inquiry (e.g. at a trade fair or conference, by e-mail, or via the contact form), we will store your contact data and the subject of your interest in a database for prospective customers.
      2. We may process data on prospective customers in the context of “know your customer”, anti-corruption, anti-money laundering, anti-terror and export control or similar screenings or audits in order to perform our compliance obligations and give effect to our compliance policies.
   10. Customer Database
       1. We will set up a customer account in our customer database if a customer relationship exists or is established with you that will include your information.
       2. When establishing the customer relationship, or at any time during the customer relationship, we may process customer data in the context of “know your customer”, anti-corruption, anti-money laundering, anti-terror and export control or similar screenings or audits in order to perform our compliance obligations and give effect to our compliance policies.
   11. Sale of Personal Data. We do not sell or give any personal data to any third parties, provided, however,  that we may share your data with our channel partners (California residents, this section does not apply to you, please see section 10(g) below).
   12. Data Processors. We may utilize third parties for data processing, and such data processing may include your personal data for the purposes described in Section 2(a), above.
   13. Compliance.  We may be required by law enforcement or judicial authorities to provide personal data to the appropriate governmental authorities. If requested by law enforcement or judicial authorities, we will provide this information on receipt of the appropriate documentation. We may also release information to law enforcement agencies or other third parties if we feel it is necessary to protect the safety and welfare of our personnel or to enforce our terms of use.

3. Servers and Databases.

1. 1. Our information technology officers will have access to your data as necessary for the performance of its data protection tasks. All of our servers and databases may be operated, maintained or further developed by additional processors, including third-parties, sub-processors or other contractors. They may have access to your data.
   2. We may use third party service providers for the archiving and/or destruction of documents who will have access to your data.
   3. Where we store and process data for the consummation of contracts, we may pass these data on to agents and contractors we employ for such consummation. Where we re-sell third party products we may pass on your contact details and information on the product purchased to the manufacturer or supplier for the purposes of product registration, for accounting purposes and/or with respect to manufacturer product maintenance or support for which you choose to register.
   4. Where we store and process data for communication with you, we may use additional processors or contractors in order to process or transmit correspondence with you who will then have access to your data.

 

4.    Data Retention Periods and Anonymization.

1. 1. Unless required or requested otherwise, we will retain your data for as long necessary to fulfill the purpose(s) of processing and to defend legal claims related to the same.
   2. If we receive process related to you or your account, or if there are other legal considerations regarding your personal data and our retention requirements, we will retain your data for as long as we believe is necessary or as otherwise required under applicable law. If we believe your account has been involved in wrongdoing, we may retain your personal data in order to defend or assert out rights.
   3. If the term "deletion" (or similar term) is mentioned in this Privacy Statement, we reserve the right to anonymize the relevant data record, such that it can no longer be assigned or connected to you, instead of complete deletion. Anonymized data may be processed and used by us and our processors for an unlimited period.
   4. If you have questions or concerns regarding our data retention periods, please contact us.

 

5. Security.

1. 1. We have implemented extensive, industry standard technical and organizational measures to protect your personal data from unauthorized access and misuse.
   2. We do not, however, guarantee that unauthorized, inadvertent disclosure will never occur.
   3. Subject to the requirements of your jurisdiction, including but not limited to your state’s laws, we may notify you if your personal data has been compromised.

 

6. Changes to this Privacy Statement.

We may change our processes and this statement in the future. In the event of a change, we will publish an updated statement here or publicize the change in another manner.

 

7. Opt Out.

If at any time you do not wish to receive offers or emails from us, you may remove your personal data from our mailing list by the Cookie Declaration incl. the Opt Out links.

 

8. Contact.

For any questions, comments, requests, or to exercise any rights provided to you under the laws of your jurisdiction related to personal data, please contact:

Brandon Erina, IT Manager
Brandon.Erina@eos-na.com
Direct: 512-800-0508
Toll Free: 877-388-7916
3813 Helios Way, #298
Pflugerville, TX 78660

 

9. Children. 

Our websites are not directed to children under the age of thirteen. We will not knowingly collect personal data from children under the age of thirteen. We will only use or disclose personal data about a child to the extent required by law, pursuant to local law and regulations or to protect a child.

 

10. California Residents.

This section applies to California residents only, and is intended to notify them of their rights under California law.

1. 1. Shine the Light law. California residents may annually request a list of their personal data (if any) that we have disclosed to third parties for direct marketing purposes in the preceding calendar year, and the names and addresses of those third parties.
   2. Categories. We may collect the following categories of personal data:
      1. Personally identifying information including your full name, address, unique personal identifier, online identifier, internet protocol address, email address, account name, telephone number, insurance policy number, bank account number, or financial information.
      2. Commercial information, including records of personal property, products or services, as well as purchasing or consuming histories or tendencies.
      3. Internet or other electronic network activity information, including browsing history, search history, cookies and interactions with advertisements.
      4. Geolocation data.
      5. Professional or employment-related information.
      6. Education information.
   3. Sources. Sources that we obtain personal data from may include:
      1. Our websites, including those of our affiliates that you visit
      2. You or your employer, such as via telephone, mail, email, or at trade shows, or in connection with potential employment or business opportunities;
      3. Our customers, vendors, and suppliers
      4. Third parties from whom we purchase contact data
   4. Rights. California residents have the following rights related to their personal data:
      1. Right to request that we delete personal data, subject to certain circumstances when the right to delete does not apply.
      2. Right to request that we disclose, regarding that resident, the: categories of personal data we have collected, categories of sources from which we collected the personal information, purpose for which we have collected and/or sold personal data, categories of third parties with whom we share personal data,  specific pieces of personal data we have collected.
      3. Right to not be discriminated against for the exercise of any of the aforementioned rights.
   5. Disclosure. We may disclose personal data for business purposes. The categories of personal information that we have disclosed for business related purposes include:
      1. Personally identifying information including your full name, address, unique personal identifier, online identifier, internet protocol address, email address, account name, telephone number, insurance policy number, bank account number, or financial information.
      2. Commercial information, including records of personal property, products or services, as well as purchasing or consuming histories or tendencies.
      3. Internet or other electronic network activity information, including browsing history, search history, cookies and interactions with advertisements.
      4. Geolocation data.
      5. Professional or employment-related information.
      6. Education information.
   6. Affiliates. California residents have certain rights related to the sharing of data with our affiliates, including a right to know if we share data, to who we share data, and the right to opt out. Please click here for a list of our affiliates that we may share your data with, and click here to opt out of affiliate data-sharing.
   7. Sales. Under California law, the sharing of personal data with third-party network trackers (e.g. Google Adwords, Facebook Pixels, etc.) and our channel partners may be considered a “sale”, and you have the right to opt-out of these “sales” by Cookie Declaration incl. the Opt Out links (see above).
   8. Contact. For any questions, comments, or to exercise any rights of California residents related to personal data, please refer to the contact information listed in Section 8 above.

11. Canada Residents.

1. 1. Laws and Regulations. Canada’s federal Personal Information Protection and Electronic Documents Act (“PIPEDA”) governs the practices of private-sector organizations that use or disclose personal data in course of commercial activity. In addition, for residents of Alberta, British Columbia, and Quebec, each of the aforementioned provinces have enacted their own laws governing personal data, and such laws have been deemed to be substantially similar to PIPEDA by the Office of the Privacy Commissioner of Canada. For the purposes of this Privacy Statement, “PIPEDA” shall refer to both federal and provincial laws related to personal data.
      1. Under PIPEDA, you are afforded certain rights related to your personal data, and this Privacy Statement will inform you about how we collect, store, use and disclose your personal data.
      2. The personal data that we collect depends on a variety of factors, including how you use our websites, products, services and features, as well as your location.
   2. Personal Data, Data Processing and Data Privacy Administration. Sections 1, 2, 3, 4, 6, 7 and 8 above shall apply to you. References to “state” therein shall also mean provinces.
   3. Meaningful Consent. By using our website, features, services or products and by voluntarily submitting your personal data to us, you are consenting to the practices in this Privacy Statement and any applicable terms of use.
   4. Your Rights. Under PIPEDA, subject to your local jurisdiction’s laws, you have the following rights related to your personal data:
      1. Access, Amend or Delete. You have the right to review, amend or delete any personal data possessed by us. Upon request to the individual provided in Section 9, we will provide you with such access, amendment or deletion, subject to certain exceptions, including but not limited to data that is referenced in another individual’s personal data in a way that we cannot separate or other legal restrictions that may prevent us from fulfilling your request.  
      2. Opt Out. You have the right to unsubscribe from receiving offers or emails from us. To exercise this right, please click the link in Section 8 above.
      3. Withdraw Consent. You have the right at any time to withdraw your consent for our use of your personal data in the future. To do so, please contact the contact person described below in Section 9.
      4. Notification. In the event that we experience a serious data breach that poses a real risk of significant harm to you, we shall report such breach to the Privacy Commissioner of Canada and you within a reasonable time.
   5. Contact Us. If you have any questions, concerns or requests related to this Privacy Statement, please refer to the contact information listed in Section 9 above.

 

12. Mexico Residents.

This section applies to Mexican residents only, and is intended to notify them of their rights under Mexican law. To view this statement in Spanish, click here.

1. Laws and Regulations. Generally, Mexico’s Federal Data Protection Law Held by Private Parties (published 2010) and the Regulations enacted thereto (published 2011, collectively, “Mexican Law”) govern data privacy rights for users of our website located in Mexico. Under Mexican Law, you are afforded certain rights related to your personal data, and this Privacy Statement will inform you about how we collect, store, use and disclose your personal data.
2. Personal Data, Data Processing and Data Privacy Administration. Generally, Sections 1, 2, 3, 4, 6, 7 and 8 above shall apply to you. References to “state” therein shall also mean your local jurisdiction.
3. Your Rights. Under Mexican Law, subject to your local jurisdiction’s laws, you have the following rights related to your personal data:
   1. Access, Copies and Rectification. You have the right to access the personal data we possess related to you, to be provided copies of such personal data, and to correct any errors in your personal data.
   2. Deletion. You have the right to request that the personal data that we possess related to you to be deleted.
   3. Objection and Restriction. Provided that your request includes a legitimate reason, you have the right to object to and restrict the processing of your personal data by us.
   4. Revoke Consent. At any time, you may revoke your consent to us possessing and using your personal data in the future by contacting us pursuant to section 8 above.
4. Data Retention.  Unless required or requested otherwise, we will retain your data for as long as necessary to fulfill the purpose(s) of the processing as specified herein or for a period equal to the statute of limitations for the action(s) that could arise as a result of, or in connection with, data processing, whichever is longer. Thereafter, we shall delete the data in accordance with our standard data privacy guidelines.
5. Data Protection Officer. To contact our designated Data Protection Officer, or exercise your rights under Mexican Law, please see the contact information in Section 8 above. Upon receipt of your request, we will notify you within 20 days of our decision regarding the request.

 

EOS of North America, Inc.

Rev. September 2020