1. Data controllers and Kito Crosby’s Commitment to Your Privacy
Kito Crosby Limited is committed to respecting and protecting your privacy and personal information. This Privacy Policy provides details on how We collect, use, process, share, and safeguard the personal information We receive from you and about you when you use our websites, content, or mobile applications (collectively the “Sites”), as well as purchase our products, interact with us, visit our premises, or otherwise use our services (together with the Sites, the “Services”). This Privacy Policy generally applies to all Services operated by or on behalf of Kito Crosby Limited, and our subsidiaries and business units worldwide (collectively, “Kito Crosby”). Specifically with respect to the website _____ (hereinafter the “Website”), the company _______ (part of the Kito Crosby group; hereinafter the “Kito Crosby Subsidiary”) and Kito Crosby Limited (collectively, “We”) are the data controllers of the processing of personal data related to the Website.
We encourage you to review this Privacy Policy. By using or visiting the Services, you acknowledge the terms of this Privacy Policy and agree to our Terms and Conditions of Use (the “Terms”). Use of our Services is voluntary. If you do not agree to the Privacy Policy and the Terms, you must immediately cease such use.
2. The Personal Data We Collect
Personal Data is any information that enables us to identify you and that is related to an identified or identifiable natural person. We may collect Personal Data from and about you from a variety of sources. We strive to only collect Personal Data that is adequate, relevant, and limited to achieve the purpose(s) for which it was collected, and to keep all Personal Data accurate, complete, and reliable for its intended purpose and for no longer than that. We may collect the following categories and types of Personal Data depending on the type of interaction you have with us:
– Identifiers including first and last name, mailing address, email address, telephone number, IP address and position in a company;
– Financial information including credit card number and other financial information required to purchase our products and services (in many occasions, this data can be related to legal persons and will not qualify as Personal Data. However, there could be some exceptions related to when a natural person employed by the company is the one performing certain transactions on behalf of the company);
– Metadata, involving Internet or other electronic network activity information including the unique device identifier of your mobile device, mobile network information, the model and serial number of your mobile device, information regarding your access to and use of an App, the Site pages you visit and the time of your visits, your operating system, browser type, and the domain name of your internet service provider. This type of metadata is usually processed by the different computer elements in order to function;
– Professional assessment criteria including job function, language skills, work permission, employment status, academic records, qualifications, skills, professional expertise, , evaluations, feedback from peers and managers and other information that may be useful in assessing whether a current employee or applicant is suitable for a particular position within Kito Crosby group.
– Location Information such as geolocation information from your mobile device;
– Audio, Electronic, Visual or Similar Information such as photos, videos, service call recordings, or facility camera footage; and
– Inferences drawn from Personal Data such as information about your preferences or likelihood to purchase our products or services.
3. How We Collect the Data
i. Information You Share with Us.
We may collect Personal Data when you provide it to us directly, such as through our business interactions with you (i.e. your first and last name, email address, telephone number, sector in which you operate); when you visit one of our locations (i.e. camera footage); when you contact us with questions, requests, feedback, or complaints (i.e. email address, postal code); or when you interact with us on our website, our online customer portals, or through social media (i.e. preferences or likelihood to purchase our products or services).
For example, if you visit our website to register a product or engage in certain activities such as ordering a product or service, requesting a demo, or entering a contest, We may ask that you provide us your name, contact information, and product identifying information.
ii. Information Collected through a Reseller.
We may collect your Personal Data (i.e. first name and last name, email address, postal code) when you purchase one of our products online or through a distributor. For example, dealers and referral sources provide Kito Crosby with Personal Data of third-party customers and other individuals.
iii. Information Collected Automatically.
We may collect Personal Data automatically when you visit our website through logging and analytics tools, cookies, and from your use of and access to our customer online portals (i.e. unique device identifier of your device, your operating system, browser). We use cookies and other analytics tools to personalize and enhance your experience online, to collect data about your visit to our website, to help diagnose problems with our servers, to administer and improve our website and our online services, to evaluate the effectiveness of our marketing and advertising campaigns, to permit analytics providers to gather information about your visit, and to gather broad demographic information about our users. We use the data collected through cookies and other analytical tools to store information; provide custom, personalized content (i.e. your selected preferred language); monitor the traffic, use, and effectiveness of our websites and applications (i.e. number of times you visit our website during a certain period of time); diagnose or fix problems (i.e. detected glitches or multimedia content which cannot be reproduced); and improve user access (i.e. login credentials, shopping cart items and site preferences). Additional information about cookies and other analytics tools can be found in our Cookies Policy (LINK).
iv. Information Obtained from Third Parties.
We may collect Personal Data from third-party sources, including our service providers, such as Google Analytics, through your interactions with us on social media, through industry, marketing, or trade associations, and through public agencies or credit bureaus.
You have choices about certain information We collect. When you are asked to provide your Personal Data, you may decline to do so. However, if you choose not to share Personal Data that is necessary for us to provide any aspect of our services, you may not be able to use those services.
When We collect Personal Data from you indirectly through third parties, We will endeavor to inform you as soon as practicable, but at the latest within one month or in our first communication with you, of the identity of the third-party information source and what We intend to do with the Personal Data. Moreover, to the extent that you provide us Personal Data related to another individual, you warrant that you have the right to provide such Personal Data, and you will be fully responsible for any liability arising from any such use of Personal Data, including indemnifying Kito Crosby from any such liability.
Finally, We may collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, and this is not Personal Data. To the extent this information is stored or associated with your Personal Data, We will process it as Personal Data; otherwise, it is not subject to this Privacy Policy. Except as otherwise stated in this Privacy Policy, your IP address, cookies and other technologies (as more particularly described below) are generally used by Kito Crosby on an anonymous basis (i.e. without directly referring to you by name), among other things to (1) help diagnose problems with Kito Crosby’s server, administer the Services, measure the use of the Services, improve the content of the Services; (2) to identify visitors’ domain names, the type of web browsers used, the pages viewed, the websites from which a visitor found this Services, the websites to which a visitor went after leaving the Services; the search terms and search engines used to find this Services; and (3) to gather other web analytics information relating to visitors’ use and navigation of the Services. We will comply with applicable laws regarding our use and processing of your data.
4. Cookies and Other Technologies
We use cookies on this Website as explained in our Cookie Policy [A link to the applicable Cookie Policy should be included], as well as in our Cookie Banner and Cookie Settings.
5. How We Use Personal Data and Legal bases
We may process your Personal Data for, or based on, one or more of the following legal bases:
• Your Consent: when you opt-in to receive our materials, including marketing and promotional materials, We may process your Personal Data to send messages to you about us and the products and services We offer. You may withdraw your consent at any time.
• Performance of a Contract: We may use your Personal Data to enter, or perform under, the agreement between us and you or the business with which you are associated.
• Legitimate Interests: We may use your Personal Data for our legitimate interests, including improving our services; providing information about our products and/or services; preventing and detecting fraud; ensuring network and information security; and for administrative and legal compliance purposes.
• Compliance with Legal Obligations and Protection of Individuals: We may use your Personal Data to comply with the law and our legal obligations, as well as to protect you and other individuals from certain harm.
Kito Crosby may use your information for business purposes in accordance with the law for activities, including, without limitation:
i. to provide services requested and administer product registration, warranties, and rebates
The legal basis used for this purpose is Compliance with Legal Obligations and Protection of Individuals.
The categories of Personal Data processed are: Identifiers, Financial Information and Metadata.
ii. to support our internal activities, such as marketing, product and service development, and dissemination of investor information
The legal basis used for this purpose could be (i) Your Consent (if you have expressly provided it to us), (ii) Compliance with Legal Obligations and Protection of Individuals (if the purpose is more oriented towards product and service development), or (iii) Legitimate Interest (for specific projects related to quality improvement as well as specific aspects related to marketing).
The categories of Personal Data processed are: Identifiers, Financial Information, Metadata, Location Information and Inferences drawn from Personal Data.
iii. to process a job application that you may submit to us, manage your login details on our careers platforms and use recruitment tools that allow us to assess applicants’ suitability for specific roles
The legal basis used for this purpose could be (i) Performance of a Contract (in order to take steps at the request of the data subject prior to entering into a contract) and (ii) Compliance with Legal Obligations and Protection of Individuals.
The categories of Personal Data processed are: Identifiers and Professional assessment criteria.
iv. to enable Kito Crosby to comply with laws, regulations, or legal requests, including to enforce this Privacy Policy
The legal basis used for this purpose is Compliance with Legal Obligations and Protection of Individuals.
The categories of Personal Data processed are: Identifiers, Financial Information, Metadata, Professional assessment criteria, Location Information, Audio, Electronic, Visual or Similar Information and Inferences drawn from Personal Data.
v. to support certain internal processes to ensure protection of property and interests, including fraud detection, internal auditing, supporting internal and external investigations, and conducting security assessments
The legal basis used for this purpose could be (i) Compliance with Legal Obligations and Protection of Individuals and (ii) Legitimate Interests (in relation to defending the legal position of Kito Crosby).
The categories of Personal Data processed are: Identifiers, Financial Information, Metadata, Professional assessment criteria, Location Information, Audio, Electronic, Visual or Similar Information and Inferences drawn from Personal Data.
vi. to enable you to contact Kito Crosby, and for us to respond to you; and
The legal basis used for this purpose could be (i) Your Consent (which you expressly grant by completing and submitting a form to us) and (ii) Legitimate Interests (related to Kito Crosby’s interest in responding to the people who had contacted it through various channels).
The categories of Personal Data processed are: Metadata and Inferences drawn from Personal Data.
vii. to operate and improve equipment, services, websites, mobile applications, and support
The legal basis used for this purpose could be (i) Your Consent, (ii) Legitimate Interests (related to the Kito Crosby’s interest in improving the quality of our services or our communications, or in connection with Kito Crosby’s interest in help end users, even if they do not have a direct contractual relationship with Kito Crosby group) and (iii) Compliance with Legal Obligations and Protection of Individuals.
The categories of Personal Data processed are: Identifiers, Financial Information, Metadata, Location Information, Audio, Electronic, Visual or Similar Information and Inferences drawn from Personal Data.
6. Disclosure of your Personal Data
Kito Crosby may share information about you for the purposes listed above and in accordance with applicable law with:
• Kito Crosby’s affiliates and business units worldwide. As of the effective date of this Privacy Policy, if you are located in one of the following jurisdictions (_______), your personal information might be transferred to the affiliates included in Section 16 (List of affiliates) below.
• Distributors, dealers, or other business partners in connection with the Services as permitted by law, and where required by law, subject to your consent. These parties will process information needed to perform their functions and in accordance with our agreements with them. Kito Crosby’s affiliates, distributors, dealers, or other business partners may use this information for marketing and solicitation purposes.
• Our outsourced service providers, vendors, and consultants, such as merchant services providers, IT consultants, incident response and business continuity vendors.
• Credit card authorization service providers and the credit card-issuing bank to confirm and settle payment for products or services purchased on the Services and to facilitate returns or refunds.
• Our marketing, communications, and advertising partners.
• public where you have included information in our blogs, forums, and discussion groups.
• legal entities, on a temporary or permanent basis, in connection with a merger, acquisition, sale of assets, joint venture, securities offering, bankruptcy, reorganization, liquidation, dissolution, or other transaction, or if the ownership of all or substantially all our business otherwise changes.
• the relevant parties (1) in response to a subpoena, search warrant, court order, or other legal process or request, or as may otherwise be required by applicable law or regulation; (2) to protect and defend Kito Crosby’s rights or property or those of its affiliates, distributors, dealers, business partners, or others; (3) to enforce or apply the Terms or any applicable end user license agreement; or (4) as Kito Crosby, in its sole discretion, believes is appropriate under exigent circumstances in response to a perceived threat to the personal safety or property of any person or organization; and
any other third party where you have provided your consent if such consent is required.
Kito Crosby may share aggregated anonymous information relating to visitors to and users of the Services with affiliated or unaffiliated third parties.
Kito Crosby does not sell your Personal Data to any third parties, and We have not done so in the prior 12 months.
7. Countries where We process your Personal Data
The Sites are currently hosted on servers located within the United States, but the locations of Kito Crosby’s servers may change from time-to-time. Your Personal Data may be stored on servers located within the United States, or in another country. In addition, Kito Crosby may transfer your Personal Data to affiliates, distributors, dealers, business partners, or others located in the United States or other countries in accordance with, and for the purposes as described in, this Privacy Policy.
In these circumstances, Kito Crosby will ensure that your Personal Data is adequately protected, as required by law.
In these cases the transfers are based on standard contractual clauses approved by the Commission of the European Union and, where applicable, the UK Information Commissioner’s Office. For more information on the above safeguards or the fact that they have been provided, you may contact us to the address indicated at the end of this policy
8. Your Rights and Choices regarding your Personal Data
Depending on applicable data protection and privacy laws, you may be entitled to a variety of legal rights regarding the collection and processing of your Personal Data.
Individual rights vary depending on the laws of the jurisdiction applicable to you, but may include:
• The right to know whether, and for what purposes and from what source, We collect and/or process Personal Data.
• The right to access, modify, or correct Personal Data.
• The right to know with whom We have shared your Personal Data, for what purpose, and what Personal Data has been shared.
• Where processing of Personal Data about you is based on consent, the right to withdraw your consent to such processing.
The right to object to decisions based on profiling or automated decision-making that produce legal or similarly significant effects on you.
• The right to request restriction of processing of your Personal Data or object to processing of your Personal Data carried out pursuant to (i) our legitimate interest or (ii) performance of a task in the public interest (including, but not limited to, processing for direct marketing purposes).
• In certain circumstances, the right to data portability, which means that you can request that we provide certain Personal Data about you in a machine-readable format.
• In certain circumstances, the right to erasure and/or the right to be forgotten, which means that you can request deletion or removal of certain Personal Data we process about you.
• The right to opt out of the sale of your Personal Data. We note that We have not and do not sell your Personal Data.
• The right to appeal against the decisions we make regarding the processing of your Personal Data; you may exercise this right be replying to the correspondence you receive from us, or by contacting us at the address listed at the end of this Privacy Policy.
• The right to lodge a complaint with a regulator, including relevant supervisory authorities, located in the jurisdiction of your residence, place of work, or where an alleged violation of law occurred.
You may exercise these rights, to the extent they apply to you, by contacting us at the addresses listed below. Note, however, that we may request certain reasonable additional information (that may include Personal Data) to help us authenticate your identity, your request, and/or to clarify or understand the scope of such requests.
You also have choices about how we communicate with you and how we process certain Personal Data about you. You may opt-out of receiving marketing or other communications from us at any time by following the opt-out link or unsubscribe information in correspondence you receive from us. If you opt-out of receiving email from us or otherwise modify the nature or frequency of promotional communications, it may take up to ten (10) business days for us to process your request and you may continue to receive promotional communications from us during that period. You will continue to receive administrative messages regarding our services, or transactions you have entered with us, even after opting out of promotional communications.
Note our websites do not take any action in response to “do not track” signals that may be transmitted by some web browsers. Third-party advertising networks are not permitted to collect information about our users.
9. Retention of your Personal Data
Kito Crosby keeps your Personal Data if Kito Crosby needs it for the purposes for which it was originally collected (or to which you have subsequently consented), for other legitimate purposes (such as regulatory compliance), or as otherwise required or permitted by applicable law or for as long as We need to keep evidence of our actions because We may still have a legal liability in respect of our relationship with you (for example, because our hypothetical liabilities in connection with the processing of your personal data have not yet expired). In some jurisdictions it may be that during this last period of time in which We process your data We do so by blocking (preventing anyone from having access to such personal data unless they can prove that it is in connection with potential legal liabilities or at the request of competent authorities).
You may contact us at the address below for further details about our data retention periods in relation to your Personal Data.
10. Kito Crosby’s Relationship to other Sites or Mobile Applications that can be Accessed through the Services
The Services may contain links to other unaffiliated websites or mobile applications. Additionally, other websites or mobile applications may contain links to the Services. When you access these third-party sites and services, you leave our Site, and we are not responsible for and do not control the content, security, or privacy practices employed by these websites and services. This Privacy Policy does not apply to such other websites or mobile applications; please refer to the privacy notices for such third parties for information about how they collect, use, and process your Personal Data. Kito Crosby does not review or monitor the websites linked to the Services and is not responsible for the contents, terms of use, or privacy policies related to any other websites or mobile applications. Where the Services contain a link to another website or mobile application owned and/or operated by Kito Crosby, such website or mobile application use may be subject to different and additional terms of use and privacy policies. You should make sure you are comfortable with the information that a third-party social networking service may make available to us by carefully reviewing the service’s privacy notice and terms and conditions and by modifying your privacy settings directly on that service.
11. Collection of Personal Data from Minors
Kito Crosby’s Services are not directed at or intended for children under the age of 18. If you are under the age of 18, please do not use or submit any Personal Data to us. By using our services, you represent that you are 18 years of age or older. If you have reason to believe that we may have accidentally received Personal Data from an individual under age 18, please contact us immediately at 1-800-233-3010.
12. Kito Crosby’s Commitment to Security of Your Personal Data
Kito Crosby has implemented appropriate physical, managerial, and technical measures to protect the security of data and information and to ensure a level of security of Personal Data appropriate to the risks of a breach. Unless applicable law provides otherwise, Kito Crosby does not guarantee against any loss, misuse, unauthorized disclosure, alteration, or destruction of data, including Personal Data. While Kito Crosby strives to protect your data, Kito Crosby cannot always guarantee the security of any information you transmit to or from the Services, and you provide such information at your own risk. You acknowledge that: (1) there are security and privacy limitations in computer systems and on the Internet which are beyond Kito Crosby’s control; and (2) any such information and data, including Personal Data, may be viewed, or tampered with by a third party while such information or data is being used, transmitted, processed, or stored.
13. Non-Discrimination and Non-Retaliation
We respect your rights, and we will never discriminate or retaliate against you because of your exercising any right outlined in this Privacy Policy or afforded to you under applicable law.
14. Changes to Privacy Policy
Kito Crosby may change its Privacy Policy from time to time. This Privacy Policy was made effective on the date indicated above. Notwithstanding the fact that we will notify you of such changes if We are required to do so by applicable law, Kito Crosby encourages you to review this Privacy Policy regularly in your use of the Services and especially before you provide any information. Your continued interaction with us or your continued use of our Services will amount to your acknowledgement of the amended Privacy Policy.
15. How to Contact Us
To exercise any applicable rights, or if you have questions, please contact us at the address below.
By email: paul.johnston@kitocrosby.com
By mail: Kito Crosby
Attn: Paul Johnston, Chief Privacy Officer
410 West End Boulevard
Manheim, PA 17545
