Additional Information and Modifications to our Policy for Canadian Data Subjects
I. Application
The following terms amend or supplement Lincoln Electric’s Website Privacy Policy (the “Policy”) only with respect to Lincoln Electric’s collection, use, disclosure or other processing (“Processes”, “Process”, or “Processing”) of Canadian Personal Data. For the avoidance of doubt, the Policy applies to Canadian Personal Data, and describes Lincoln Electric’s Processing of Canadian Personal Data, except as expressly amended in this Addendum.
To the extent applicable, in the event of any conflict or inconsistency between the Policy and the terms of this Addendum, this Addendum shall govern and prevail for Canada.
For the purposes of the Policy (including this Addendum), “Personal Data” includes all “personal information” as defined under the Personal Information Protection and Electronic Documents Act and/or any applicable substantially similar provincial legislation.
II. Consent
Notwithstanding anything potentially to the contrary in the Policy, Lincoln Electric will always obtain consent to Process Canadian Personal Data, express or implied in accordance with applicable law, except where otherwise required or permitted by applicable Canadian or provincial laws. In some circumstances, consent may be implied if you provide us with your information for a specific purpose and we will only use it for that purpose. In addition, by using our Site, you thereby consent to our Processing of Personal Data that is collected via the Site, as described in the Policy. Notwithstanding the above, we will obtain your express consent to Process your Personal Data where required by applicable law.
If we materially change our privacy policies or practices (including this Policy) in a way that affects how we Process your Personal Data, we will notify you and obtain consent to such changes, where required by applicable law.
III. Access to Your Personal Data within Our Organization
Your Personal Data will be accessible to our IT, compliance and legal teams, on a need to know basis, as well as the following categories of Lincoln Electric personnel:
- Personal Data regarding Customers, Vendors and Suppliers is accessible to accounting, sales, warranty administration, collections and procurement personnel;
- Personal Data regarding Website Users is accessible to marketing personnel, as well as our website development team;
- Personal Data regarding job applicants it accessible to human resources personnel and hiring managers; and
- Personal Data regarding video conference events participants is accessible to our event coordinators and marketing personnel.
IV. How Do We Share Your Personal Data?
We share Canadian Personal Data with affiliates and third-party service providers, for the purposes of providing the following services to Lincoln Electric entities located in Canada: marketing and advertising, administration of sweepstakes and giveaways, recruitment, completion of online transactions, business operations, data analytics, website administration, compliance with legal obligations and for the purposes of corporate transactions. Such information includes: contact information (including name, address, phone number, email address), demographic information (age, gender), website purchase information and website analytic information. These affiliates and third parties may process Personal Data in the following countries: the United States, Ireland, Singapore, and Germany. More information regarding our service providers and affiliates can be obtained by contacting us, as described below.
We may also disclose your Personal Data to third parties not listed in the Policy or this Addendum, where permitted or required by applicable laws, including (where permitted) for the purposes of collecting a debt.
V. Cookies and Other Tracking Technologies
As described in more detail in our Cookie Policy here, Lincoln Electric may use first-party and third-party cookies and other tracking technologies to identify you and your interests, to remember your preferences, to facilitate our marketing, and to track your use of our Site. We also use cookies and other tracking technologies to control access to certain content on our Site, protect the Site, and to process any requests that you make of us. To administer our Site and for research purposes (where permitted by applicable law and subject to our compliance with any applicable legal requirements), Lincoln Electric also has contracted with third-party service providers to track and analyze statistical usage and volume information from our Site users. These third-party service providers use persistent cookies to help us to improve the user experience, manage the content on our Site, and analyze how users navigate and utilize the Site.
Without limiting the above, the Site uses cookies and other tracking technologies for the purposes of displaying advertisements that are relevant to your interests, based on your online activities.
Cookies and Other Tracking Technologies used on the Site collect the following information: your IP (Internet Protocol) address, date and time of Site visits, page visits and requests, browser type, device type, operating system, time spent on the Site, user movement and actions taken on the Site, error messages received while on the Site, referring website or advertisement, language preferences, myLincoln User ID and log-in status, hashed data, click stream information, location information (including the city, province/state and country where you access the Site) and demographic information (including your age range and gender). You can prohibit Lincoln Electric from using non-essential cookies and online tracking, including those used for targeted advertising, by clicking here Reject All Non-Essential Cookies.
VI. How We Protect Your Personal Data
Lincoln Electric implements appropriate physical, technological, administrative and organizational security safeguards to protect Personal Data that is collected, used, communicated, kept, destroyed or otherwise Processed by Lincoln Electric, in any format, against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. Such safeguards are determined based upon the sensitivity of the information that has been collected, the purposes for which it is to be used, the amount/quantity, distribution, and format of the information, as well as the method and medium of storage. Please note that despite our reasonable efforts, no security measure is ever perfect or impenetrable, so we cannot guarantee the security of your Personal Data.
VII. Risks and Consequences
As indicated above, despite our reasonable efforts, no security measure is ever perfect or impenetrable, so we cannot guarantee the security of your Personal Data. In addition, you should be aware that although Lincoln Electric takes steps to protect information that is Processed on its behalf by third parties, it is possible that such third parties may not adequately protect your Personal Data and we cannot provide a definitive guarantee of the security of Personal Data that is Processed by third parties.
VIII. Is Personal Data Transferred Across Borders/Internationally?
Personal Data collected from our customers, vendors, and suppliers, Site users, job applicants or from video teleconferencing events participants is stored on servers located in Cleveland, Ohio, as well as in the cloud. In some cases your Personal Data may also be Processed by affiliates or service providers in other countries (as described in the Policy). Personal Data that is transferred, stored, or otherwise Processed outside Canada may be accessible to courts, law enforcement and national authorities in other countries.
Without limiting the above, we will take all reasonable steps to ensure that Personal Data regarding Quebec Data Subjects that is Processed outside Quebec or entrusted to a person outside Quebec will not be used for any purpose other than for the purposes that it was collected (or other purposes permitted/required by applicable law), or disclosed to third parties, without the consent of the relevant Data Subject(s).
IX. What is Our Data Retention Policy?
We retain Canadian Personal Data for only as long as it is needed for the purposes that it was collected, or for compliance with applicable legal requirements. Once the purposes for which the Personal Data is collected and/or used are achieved, we will (subject to any preservation period provided for by applicable laws) either destroy the Personal Data or, where permitted by applicable law, anonymize it in order to use it for a serious and legitimate purpose.
X. Rights in Relation to Your Personal Data
Your rights in relation to your Personal Data may vary depending upon the province where you are located and your relationship to Lincoln Electric. Such rights may include the right to:
- require deletion of your Personal Data if it was not collected in accordance with applicable law;
- access, correct, rectify or update your Personal Data;
- be informed of the existence, use, and disclosure of your Personal Data, and to challenge the accuracy and completeness of such information and have it amended as appropriate
- withdraw consent to continued collection, use or disclosure of Personal Data;
- require that Lincoln Electric cease disseminating information or de-index any hyperlink that provides access to the information by technological means, if the dissemination contravenes the law or a court order and/or if certain other conditions are met under applicable laws;
- address a challenge concerning compliance with applicable privacy laws to the person(s) designated as being accountable for Lincoln Electric’s compliance with such laws.
XI. Contacting Us
You may contact Lincoln Electric Canada’s Director, HR Canada & Latin America at jason_brisebois@lincolnelectric.com in order to:
- Exercise your rights in relation to your Personal Data (as described above), subject to any applicable exceptions and limitations pursuant to applicable law;
- Ask questions or express concerns about this Policy or any other matter related to Lincoln Electric’s collection, use, disclosure or other Processing of your Personal Data; or
- Ask questions about the collection, use, disclosure or storage of Personal Data by our service providers and affiliates outside Canada, or obtain written information about our policies and practices with respect to such service providers and affiliates.