Privacy Notice

1. Introduction and scope of this Privacy Notice

This Privacy Notice applies primarily to individuals located in the United States who access and use the website and/or services provided by GWS Tool Group.

Additional privacy rights, disclosures and protections may apply to individuals located in other jurisdictions, including the European Economic Area, the United Kingdom and other countries with applicable privacy and data protection laws.

2. What types of personal data we collect

Depending on the nature of your interactions with us and the products, services, or features you use, we may collect the following categories of personal information:

Identifiers, such as your first and last name;
Contact information, such as your telephone number, postal address, and email address;
Professional or employment-related information, including the company or organization you work for or represent;
Internet or other electronic network activity information, including your IP address and information regarding your interactions with our website;
Geolocation data, such as your approximate location derived from your IP address.

We collect information that you provide directly to us as well as information that is collected automatically through cookies, analytics tools, and similar technologies.

In case of your job application, we will also collect and process the following personal data:

Your date and place of birth, age, gender, nationality, language proficiency, export control status (in case of your application for a job in our organization);
Information about your education, such as your academic history, academic and vocational qualifications, skills and competencies (in case of your application for a job in our organization);
Subject to any restrictions or limitations imposed by applicable law, information about your current role and compensation, such as your job position, job grade, employment status, salary and benefits, bonus and commission entitlements;
Your CV/resume documents supporting your job application, including reference letters and transcripts;
Information about your employment history;
Information about your job application history with us (if any);
Any other information you voluntarily provide.

We process applicant information to evaluate applications, communicate with applicants, assess qualifications, conduct recruitment and hiring activities, verify information provided during the application process, comply with legal and regulatory requirements, and protect our legitimate business interests.

3. Sensitive Personal Information

In limited circumstances and where permitted by applicable law, we may collect and process certain categories of sensitive personal information. Such information may include precise geolocation data, information required for export control compliance, and certain information provided in connection with recruitment activities.

We use sensitive personal information only for purposes permitted by applicable law, including providing requested services, complying with legal obligations, protecting our business and systems, managing recruitment processes, and maintaining security. We do not use sensitive personal information to infer characteristics about individuals except where expressly permitted by law.

4. Our legal grounds and purposes of processing

We will have a lawful basis for processing your information if processing is necessary for the purposes of legitimate interests pursued by us or by a third party. We make sure that we take into account any potential impact that such use may have on you.

Our legitimate interests don’t automatically override yours and we won’t use your information if we believe your interests should override ours, unless we have other grounds to do so (such as your consent or where we are under a legal obligation).

If you have any concerns about our processing, please refer to the “Your Rights” section below.

We consider that it is in our legitimate interests to:

Identify you as an authorized end-user of our products/services;
Help you to navigate and use our products and/or services efficiently;
Identify and monitor any unauthorized use, or misuse, of our products and/or services;
Continually improve our products and/or services and keep them up-to-date; and/or
Send you promotional emails about our products and/or services.

You can opt-out of receiving our promotional emails at any time.

5. Who it is shared with

We do not sell personal information in exchange for monetary consideration.

We may disclose personal information to service providers, affiliates and other authorized third parties for business purposes described in this Privacy Notice. Where applicable law defines certain disclosures as “sharing” for advertising or marketing purposes, individuals may have the right to opt out of such sharing.

We may share your personal information with the following types of organizations for the routine conduct of its business:

The members of our group;
The customer on whose behalf you are acting;
Our IT service providers/partners;
Our third party compliance/anti-piracy providers; and/or
Our marketing providers.

These businesses are only authorized to use the information provided by us for specific purposes in line with this Privacy Policy. We do not authorize third parties to use the information for any other purpose.

6. Cookies, Analytics and Targeted Advertising

We may use cookies, analytics tools and similar technologies to operate our websites, understand how visitors interact with our services, improve website functionality, measure the effectiveness of our communications, and personalize content.

Where permitted by applicable law, we may also use such technologies to provide advertisements and marketing communications that are more relevant to your interests and interactions with our products and services.

You may manage your cookie preferences through the cookie management tools available on our websites or by adjusting your browser settings.

We do not engage in automated decision-making that produces legal or similarly significant effects on individuals.

To the extent that personalization, analytics or marketing activities involve profiling as defined under applicable law, such activities are conducted solely for business, marketing, service improvement or website optimization purposes and do not result in legal or similarly significant decisions concerning individuals.

7. Social media sites

When interacting with our social media pages, personal data may be processed both by the relevant social media platform and by us. Further information is available in the privacy notices of the relevant social media providers.

8. International Transfers

We are a US-based company. Anyway, your personal data may be transferred to Sandvik entities located in Europe and to other Sandvik entities in the USA and may also be transferred to other global territories such as India. However, we will only do so where:

The required country guarantees the treatment of personal data to the same standard as the EU (e.g. the UK);
Appropriate safeguards have been put in place which meet the requirements of Article 46 of the GDPR, for example, using the EU Commission’s Standard Contractual Clauses for transfers of personal data to providers outside the EU or UK, together with any supplementary export measures; or
One of the exceptions for specific situations under Article 49 of the UK GDPR together with any supplementary export measures applicable to the transfer.

9. Security

We adopt robust technologies and policies to ensure the personal information we hold about you is suitably protected. We take appropriate technical and organizational measures to protect your information from unauthorized access and against unlawful processing, accidental loss, destruction and damage.

10. Retention of your information

We retain personal information for as long as reasonably necessary to fulfill the purposes described in this Privacy Notice, comply with legal, contractual, accounting and regulatory obligations, resolve disputes, enforce agreements and protect our legal rights.

When determining the relevant retention periods, we will have regard for factors including: our contractual obligations (including the duration of those contractual obligations) in respect of the information in question; legal and regulatory obligations under applicable law; statutes of limitations under applicable law; our legitimate interests; (potential) disputes; and guidelines issued by relevant data protection authorities.

First and last name, contact information, company names and location data will be retained for the period of our contract with the customer on whose behalf you are acting.

Personal data provided in connection with a job application will be retained only for as long as necessary to comply with applicable legal requirements, after which it will be deleted or anonymized.

Where we have suspicions of unauthorized use, or misuse, of our products and/or services, we may retain such personal data for longer periods in connection with the pursuit or defense of legal claims.

11. Your rights

Under data protection law, you have a number of rights concerning the personal information we hold about you. If you wish to exercise any of these rights, please make your request via the applicable data request forms available via Sandvik Personal Data Request Form: Personal data request.

Under the laws of those states listed below, consumers who are residents of these states may have specific rights regarding their Personal Data. When required and permitted, we will respond to most requests within 45 days unless it is reasonably necessary to extend the response time.

Subject to certain limitations, you may have the following rights depending on your state of residence. Please note that these rights do not extend to an individual acting in an employment context.

Additionally, we do not process your Personal Data for purposes of profiling in furtherance of decisions that produce legally or similarly significant effects concerning a consumer, and therefore, such opt-out rights are not available.

If we decline to take action regarding your privacy request, you may have the right to appeal our decision where required by applicable state law. Information about how to submit an appeal will be provided in our response to your request.

Colorado, Connecticut, Delaware, Montana, Nebraska, New Hampshire, New Jersey, Tennessee, Texas, Virginia

Right of Access: The right to confirm whether we process your Personal Data and to request access to such Personal Data.
Right to Deletion: The right to request that we delete Personal Data we have collected about you.
Right to Data Portability: The right to request that we provide you with your Personal Data in a portable format.
Right to Correction: The right to correct inaccuracies in your Personal Data.
Right to Opt-Out: The right to opt-out of targeted advertising, the sale of your Personal Data and profiling in furtherance of decisions that produce legal or similarly significant effects.

Florida

Right of Access: The right to confirm whether we process your Personal Data and to request access to such Personal Data.
Right to Deletion: The right to request that we delete Personal Data we have collected about you.
Right to Data Portability: The right to request that we provide you with your Personal Data in a portable format.
Right to Correction: The right to correct inaccuracies in your Personal Data.
Right to Opt-Out: The right to opt-out of:
- Targeted advertising, the sale of your Personal Data and profiling in furtherance of decisions that produce legal or similarly significant effects;
- The collection of sensitive data including precise geolocation data;
- The processing of sensitive data; and
- The collection of personal data collected through the operation of a voice recognition or facial recognition feature.

Oregon

Right of Access: The right to confirm whether we process your Personal Data and to request access to such Personal Data. You may also obtain a list of specific third parties, other than natural persons, to which we have disclosed any Personal Data.
Right to Deletion: The right to request that we delete Personal Data we have collected about you.
Right to Data Portability: The right to request that we provide you with your Personal Data in a portable format.
Right to Correction: The right to correct inaccuracies in your Personal Data.
Right to Opt-Out: The right to opt-out of targeted advertising, the sale of your Personal Data and profiling in furtherance of decisions that produce legal or similarly significant effects.

Maryland

Right of Access: The right to confirm whether we process your Personal Data and to request access to such Personal Data.
Right to Deletion: The right to request that we delete Personal Data we have collected about you.
Right to Data Portability: The right to request that we provide you with your Personal Data in a portable format.
Right to Correction: You have the right to correct inaccuracies in your Personal Data.
Right to Opt-Out: The right to opt-out of targeted advertising, the sale of your Personal Data and profiling in furtherance of decisions that produce legal or similarly significant effects.
Right to Information Regarding Disclosures: The right to a list of the categories of third parties to which we have disclosed consumer Personal Data.

Minnesota

Right of Access: The right to confirm whether we process your Personal Data and to request access to such Personal Data.
Right to Deletion: The right to request that we delete Personal Data we have collected about you.
Right to Data Portability: The right to request that we provide you with your Personal Data in a portable format.
Right to Correction: The right to correct inaccuracies in your Personal Data.
Right to Opt-Out: The right to opt-out of targeted advertising, the sale of your Personal Data and profiling in furtherance of decisions that produce legal or similarly significant effects.
Further Rights Concerning Profiling: If we profile your Personal Data in furtherance of decisions that produce legal effects, you may have the right to question the result of the profiling, to be informed of the reason that the profiling resulted in the decision, and, if feasible, to be informed of what actions you might have taken to secure a different decision and the actions that you might take to secure a different decision in the future. You have the right to review your Personal Data used in the profiling. If the decision is determined to have been based upon inaccurate personal data, you have the right to have the data corrected and the profiling decision reevaluated based upon the corrected data.

Iowa

Right of Access: The right to confirm whether we process your Personal Data and to request access to such Personal Data.
Right to Deletion: You have the right to request that we delete Personal Data we have collected about you.
Right to Data Portability: The right to request that we provide you with your Personal Data in a portable format.
Right to Correction: The right to correct inaccuracies in your Personal Data.
Right to Opt-Out: The right to opt out of the sale of your Personal Data.

Utah

Right of Access: The right to confirm whether we process your Personal Data and to request access to such Personal Data.
Right to Deletion: The right to request that we delete Personal Data we have collected about you.
Right to Data Portability: The right to request that we provide you with your Personal Data in a portable format.

California

This section applies and provides further information to California residents and notifies them of their rights under California law.

This section is not applicable to and may not be relied upon by anyone else besides California residents. Rights:

California residents have the right to request that we delete the personal data that we have collected about that resident. Please note that there are circumstances under which such a right of deletion does not apply, such as where it is reasonable for us to maintain the personal information to:
- Complete the transaction for which the personal information was collected, provide a good or service requested or reasonably anticipated, or otherwise perform a contract with the resident.
- Detect security incidents; protect against malicious, deceptive, fraudulent or illegal activity; or prosecute those responsible for that activity.
- Debug to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another resident to exercise his or her right of free speech, or exercise another right provided for by law, or comply with a legal obligation.
- Comply with the California Electronic Communications Privacy Act.
- Engage in public or peer-reviewed scientific, historical or statistical research in the public interest (when deletion of the information is likely to render impossible or seriously impair the achievement of such research) if the resident has provided informed consent.
- To enable solely internal uses that are reasonably aligned with the resident’s expectations based on the relationship with us.
- To otherwise use the personal information, internally, in a lawful manner that is compatible with the context in which the resident provided the information.
California residents have the right to request that we disclose, with respect to that resident:
- The categories of personal information we have collected.
- The categories of sources from which we collected the personal information.
- The purpose for collecting or selling personal information.
- The categories of third parties with whom we share personal information for the purpose of cross-context behavioral advertising.
- The specific pieces of personal information we have collected.
California residents have the right to request correction of inaccurate personal information.

To exercise the rights that may be available to you as described above, please contact us either via Sandvik Personal Data Request Form: Personal data request or at 877-497-8665.

Please note that any requests may be subject to verification of the identification of the requestor. The method we would use to verify your identity will be different depending on the manner and context in which your data was collected and may require the provision by you of such personal information as may be necessary to match you to our records of you (if any). You may be entitled to use an authorized agent to exercise your rights on your behalf and, if you choose to do so, such an agent may contact us in the same manner as described above and will also be required to verify their own identity and their authority to act on your behalf.

You have the right not to be discriminated against by us for exercising any of these rights.

California’s “Shine The Light” law permits those of our customers who are California residents to 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. At this time, we currently do not disclose personal data to third parties for their direct marketing purposes as defined by applicable data privacy law.

12. Contact details

If you have any queries or requests concerning this Privacy Notice or how we handle your personal data more generally, please send an e-mail to sales@gwstoolgroup.com.