I. PRIVACY SHIELD
The United States Department of Commerce and the European Commission have agreed on a set of data protection principles to enable U.S. companies to satisfy the requirement under EU law that adequate protection be given to Personal Information transferred from the EU to the United States (EU-U.S. Privacy Shield Framework). To learn more about the Privacy Shield program, and to view Enerpac Tool Group’s certification, please visit http://www.privacyshield.gov/list.
Enerpac Tool Group has a Data Protection Officer who assists in ensuring compliance with this Policy and data security issues. Enerpac Tool Group educates its employees concerning compliance with this Policy and has self-assessment procedures in place to assure compliance. Enerpac Tool Group’s Data Protection Officer, Nicholas Gemmell, and its corporate legal team are available to any of its customers, employees, business partners or others who may have questions concerning this Policy or data security practices. Relevant contact information is provided herein. Enerpac Tool Group is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission with respect to the Privacy Shield Framework.
This Policy applies to all Personal Information received by Enerpac Tool Group in any format including electronic, paper or verbal. Enerpac Tool Group collects, stores and processes Personal Information concerning current and former employees, as well as applicants for employment through its Internet websites, its intranet site, electronic mail and manually. Enerpac Tool Group will not sell or share this information with third parties in ways different than what is disclosed in this Policy. On a global basis, Enerpac Tool Group will establish and maintain business procedures that are consistent with this Policy. Notwithstanding the foregoing, Enerpac Tool Group has separate policies governing the processing of employee personal data and external personal data in those countries that are members of the EU. These policies are consistent with EU data protection law.
Enerpac Tool Group collects, stores, and processes Personal Information from current and past employees and applicants for employment, such as name, contact information, government identifier, financial account information, and family information. This information is maintained at the Corporate and local level by Enerpac Tool Group and its authorized agents, depending on the level of the position as well as the local office of the employee or applicant. Enerpac Tool Group collects Personal Information for employment related purposes and legitimate human resource business reasons such as personnel and job candidate administration and assessment, recruitment and staffing; payroll administration; absence monitoring; training and development; management planning; appraisal and promotion; union negotiation; production and publication of company address books and telephone and e-mail directories; managing email and other communication systems; production of employee Identity cards; monitoring the use of company resources; information to contact close relatives in case of emergency; filling employment positions; administration and operations of its benefit and compensation programs; meeting governmental reporting requirements; security, health and safety management; performance management; company network access; managing and administering the Ethics Hotline; facilitating workplace communications; workforce analytics, and authentication. Enerpac Tool Group does not request or gather information regarding political opinions, religion, philosophy or sexual preference. To the extent Enerpac Tool Group maintains information on trade union membership, medical health, race or ethnicity, Enerpac Tool Group will protect, secure and process that information in a manner consistent with this Policy and applicable law.
Enerpac Tool Group also collects, stores, and processes Personal Information from prospective customers, vendors, professional advisers and consultants, distributors, dealers, suppliers, business partners and others, such as name, contact and financial information. This information may be maintained at its corporate offices in Menomonee Falls, Wisconsin or at other Enerpac Tool Group facilities, and its authorized agents, consistent with local legislation. Enerpac Tool Group collects this Personal Information for, among other things, legitimate business reasons such as processing and fulfilling orders; customer service; the provision of services or products to Enerpac Tool Group, product, warranty and claims administration; meeting governmental reporting and records requirements; maintenance of accurate accounts payable and receivable records; marketing; internal marketing research; safety and performance management; financial and sales data; and contact information. All Personal Information collected by Enerpac Tool Group will be used for legitimate business purposes consistent with this Policy.
Enerpac Tool Group may process and disclose Personal Information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which an Enerpac Tool Group business is acquired by or merged with another business, or sells, liquidates, or transfers all or a portion of its assets.
Enerpac Tool Group also may process or disclose Personal Information as is reasonably necessary or legally required on important public interest grounds, to respond to lawful requests by public authorities (including to meet national security or law enforcement requests), to meet governmental reporting or records requirements, or for the establishment, exercise or defense of legal claims by Enerpac Tool Group or other companies within its corporate group.
For purposes of this Policy, the following definitions shall apply:
“Agent” means any third party that processes Personal Information provided by Enerpac Tool Group to perform tasks on behalf of or at the instruction of Enerpac Tool Group.
“Enerpac Tool Group” means Enerpac Tool Group, its subsidiaries, divisions, groups and legal entities, with subsidiaries/brands/legal entities such as Actuant, Actuant Corporation, Enerpac Tool Group, Biach, Cortland, Enerpac, Equalizer International, HTL Group, Hydratight, Larzep Hydraulic, Mirage, Simplex and Sweeney.
“Personal Information” means any information or set of information that identifies or could be used by or on behalf of Enerpac Tool Group to identify an individual. Personal Information does not include information that is encoded or anonymized, or publicly available information that has not been combined with non-public Personal Information.
“Sensitive Personal Information” means Personal Information that reveals race, ethnic origin, trade union membership, political opinions, or religious or philosophical beliefs, that concerns health or sex life, or that contains criminal records. In addition, Enerpac Tool Group will treat as Sensitive Personal Information any Personal Information received from a third party where that third party treats and identifies the Personal Information as sensitive.
IV. PRIVACY PRINCIPLES
Enerpac Tool Group commits to subject the Personal Information covered by this policy to the following principles:
(1) NOTICE: Where Enerpac Tool Group collects Personal Information directly from individuals, it will inform them about the purposes for which it collects, stores and processes Personal Information about them, the types of non-Agent third parties to which Enerpac Tool Group discloses that information, and the choices and means, if any, Enerpac Tool Group offers individuals for limiting the use and disclosure of their Personal Information. Notice will be provided in clear and conspicuous language when individuals are first asked to provide Personal Information to Enerpac Tool Group, or as soon as practicable thereafter, and in any event before Enerpac Tool Group uses the information for a purpose other than that for which it was originally collected.
(2) CHOICE: Enerpac Tool Group will offer individuals the opportunity to choose (opt-out) whether their Personal Information is (a) to be disclosed to a non-Agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.
For Sensitive Personal Information, Enerpac Tool Group will give individuals the opportunity to affirmatively and explicitly consent (opt-in) to the disclosure of the information to a non-Agent third party or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.
Enerpac Tool Group will provide individuals with reasonable mechanisms to exercise their choices should requisite circumstances arise.
(3) DATA INTEGRITY AND PURPOSE LIMITATION: Enerpac Tool Group will use Personal Information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Enerpac Tool Group will take reasonable steps to ensure that Personal Information is relevant to its intended use, accurate, complete and current.
(4) ACCOUNTABILITY FOR ONWARD TRANSFER: Enerpac Tool Group uses third-party Agents to assist us in accomplishing the purposes described in this Policy, for example to support our customers, perform technical operations, and store and transmit data. Enerpac Tool Group will confirm that any third party to which it discloses Personal Information will appropriately safeguard the privacy of that Personal Information. Examples of appropriate privacy safeguards include: a contract obligating the third party to provide at least the same level of protection as is required by the relevant privacy principles, the third party being subject to EU data protection law, Privacy Shield certification by the third party, or the third party being subject to another European Commission adequacy finding (e.g., companies located in Switzerland). Where Enerpac Tool Group has knowledge that a third party is using or disclosing Personal Information in a manner contrary to this Policy, Enerpac Tool Group will take reasonable steps to prevent or stop the use or disclosure. Enerpac Tool Group holds third parties to which it discloses Personal Information accountable for maintaining the trust our employees and customers place in the company. Enerpac Tool Group may remain liable under the Privacy Shield Principles if any Agent processes Personal Information in a manner inconsistent with the Privacy Shield Principles, unless Enerpac Tool Group first demonstrates that it is not responsible for the event giving rise to the damage.
(5) ACCESS AND CORRECTION: Upon request, Enerpac Tool Group will grant individuals reasonable access to Personal Information that it holds about them. In addition, Enerpac Tool Group will take reasonable steps to permit individuals to correct, amend or delete information that is demonstrated to be inaccurate or incomplete. Any employees that desire to review or update their Personal Information can do so by contacting their local Human Resources Representative.
(6) SECURITY: Enerpac Tool Group will take reasonable precautions to protect Personal Information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction. Enerpac Tool Group protects data in many ways. Physical security is designed to prevent unauthorized access to database equipment and hard copies of sensitive Personal Information. Electronic security measures continuously monitor access to our servers and provide protection from hacking or other unauthorized access from remote locations. This protection includes the use of firewalls, restricted access and encryption technology. Enerpac Tool Group limits access to Personal Information and data to those persons in Enerpac Tool Group’s organization, or as Agents of Enerpac Tool Group, that have a specific business purpose for maintaining and processing such Personal Information and data. Individuals who have been granted access to Personal Information are aware of their responsibilities to protect the security, confidentiality and integrity of that information and have been provided training and instruction on how to do so.
(7) RECOURSE, ENFORCEMENT, AND LIABILITY: Enerpac Tool Group will conduct compliance audits of its relevant privacy practices to verify compliance with this Policy and the relevant privacy principles. Any employee that Enerpac Tool Group determines is in violation of this Policy will be subject to disciplinary action up to and including termination of employment.
V. DISPUTE RESOLUTION
Any questions or concerns regarding the use or disclosure of Personal Information should be directed to the Enerpac Tool Group Data Protection Officer via the contact information below. Enerpac Tool Group will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the principles contained in this Policy and as required by law.
VI. INTERNET PRIVACY
Enerpac Tool Group sees the Internet, intranets and the use of other technologies as valuable tools for communicating and interacting with consumers, employees, vendors, business partners and others. Enerpac Tool Group recognizes the importance of maintaining the privacy of Personal Information collected through websites that it operates. Enerpac Tool Group’s purpose for operating its websites is to provide information concerning products and services to the public. In general, visitors can reach Enerpac Tool Group on the Web without revealing any Personal Information. Visitors on the Web may elect to voluntarily provide Personal Information via Enerpac Tool Group websites but are not required to do so. Enerpac Tool Group collects information from visitors to the websites who voluntarily provide Personal Information by filling out and submitting online questionnaires concerning feedback on the website, requesting information on products or services, or seeking employment. The Personal Information voluntarily provided by website users is contact information such as the user’s name, home and/or business address, phone numbers and email address. Enerpac Tool Group collects this information so it may answer questions and forward requested information. Enerpac Tool Group does not sell this information.
Enerpac Tool Group may also collect anonymous information concerning website users through the use of “cookies” in order to provide better customer service. “Cookies” are small files that websites place on users’ computers to identify the user and enhance the website experience. Company personnel periodically audit Enerpac Tool Group’s commercial websites to determine what cookies are used on each. The cookies used are typically not intrusive and are not typically connected to visitors’ contact or other identifiable information. Visitors may set their browsers to provide notice before they receive a cookie, giving the opportunity to decide whether to accept the cookie. Visitors can also set their browsers to turn off cookies. Visitors can learn how to control or delete cookies used on Enerpac Tool Group’s websites by visiting http://www.aboutcookies.org for detailed guidance. If visitors do suppress the website cookies, however, some areas of Enerpac Tool Group websites may not function properly.
The table below describes the cookies used on www.enerpac.com and other Enerpac Tool Group related websites.
Persistent Cookies for Site Analytics
Google Analytics – we use this to understand how the site is being used in order to improve the user experience. User data is not linked to any of your contact information.
You can find out more about Google’s position on privacy as regards its analytics service at https://support.google.com/analytics/answer/6004245?hl=en
Adobe Site Catalyst – we use this to understand how the site is being used in order to improve the user experience. User data is not linked to any of your contact information.
You can find out more about Adobe’s position on privacy as regards its analytics service at http://www.omniture.com/en/privacy/product
Few, if any, of Enerpac Tool Group’s websites are directed toward children. Nevertheless, Enerpac Tool Group is committed to complying with applicable laws and requirements, such as the United States’ Children’s Online Privacy Protection Act (“COPPA”)
Enerpac Tool Group website users have the option to request that Enerpac Tool Group not use information previously provided, correct information previously provided, or remove information previously provided to Enerpac Tool Group. Those that would like to correct or suppress information they have provided to Enerpac Tool Group should forward such inquiries to:
Enerpac Tool Group
N86 W12500 Westbrook Crossing
Menomonee Falls, Wisconsin 53201-3241
Attention: Global L&E Counsel
Enerpac Tool Group
Bentley Road South
Darlaston, West Midlands
Attention: Data Protection Officer
The inquiries should include the individual’s name, address, and other relevant contact information (phone number, email address). Enerpac Tool Group will use all reasonable efforts to honor such requests as quickly as possible.
Enerpac Tool Group websites may contain links to other “non-Enerpac Tool Group” websites. Enerpac Tool Group assumes no responsibility for the content or the privacy policies and practices on those websites. Enerpac Tool Group encourages all users to read the privacy statements of those sites; their privacy practices may differ from those of Enerpac Tool Group.
VII. CHANGES TO THIS POLICY
The practices described in this Policy are current personal data protection policies as of January 20, 2020. Enerpac Tool Group reserves the right to modify or amend this Policy at any time consistent with the requirements of the relevant principles and applicable law. Appropriate notice will be given concerning such amendments.