The following website Privacy Policy was developed at our client’s request to be in compliance with the requirements of the European Union’s General Data Protection Regulation (“GDPR”), effective May 25, 2018.  The GDPR represents the most stringent standards in the world for the protection of a very broad range of an individual’s personal data. While the GDPR only applies to residents of the European Union, or data processed in the European Union, we have drafted a single policy to cover all users of the websites of Seaman and its subsidiaries, regardless of whether or not the GDPR applies to the data subject or his or her personal data.  In this way, we believe the privacy policy below to be the most comprehensive coverage of the issue that would also cover any similar tightening of current standards in the United States.

 

The guidance on the GDPR suggests a layered format to such notices in order to not overwhelm with the individual with information.  It may also help the privacy notice comply with the GDPR’s requirement that notices and policies be provided to individuals in an easy to understand format.  One potential layered approach would be to put the introduction as the main text on the page with rollout link to each of the other topics. The client could also put a link to the entire policy contained in a single PDF as well to allow users to download and conveniently retain the privacy policy with the effective date stated.

PRIVACY POLICY

I. INTRODUCTION

At Seaman Corporation (“Seaman” or “we”), your privacy is very important to us. Accordingly, we have developed this privacy policy in order for you to understand how we collect, process, communicate, disclose, and make use of the Personal Data that you provide to us.  Seaman is committed to protecting this data and will only use it where allowed by the law. The following outlines our privacy policy (“Policy”).

As a preliminary matter, Seaman has implemented the appropriate technical and organizational measures to maintain a level of appropriate security to the data that you provide to us.  Moreover, Seaman only allows the individuals who need access to this information to have access to this data and will not process it unless allowed by the applicable law.

This Policy is issued on behalf of Seaman and its subsidiaries, and applies to the following websites, which Seaman owns, operates, and maintains: (1) www.seamancorp.com; (2) www.fibertite.com; (3) www.xrgeomembranes.com; (4) www.architecturalfabrics.com; and (5) www.xrquikliner.com.  Seaman is the controller and responsible for the data on these websites.

Seaman last updated on this Policy on July 10, 2018.You can obtain historic versions of this Policy by contacting our Data Protection Officer, whose contact information is set forth below.

It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your relationship with us.

A. DATA PROTECTION OFFICER

Seaman has appointed a Data Protection Officer who is responsible for all matters relating to the Policy and for overseeing the response to any questions in relation to this Policy as well as for the protection of your Personal Data obtained through our websites.  If you have any questions about this Policy or want to make any requests to exercise your right under this Policy, then please contact the Data Protection Officer using the following information:

Michelle Miller, 1000 Venture Blvd. Wooster, OH 44691 marketing@seamancorp.com

B. THIRD PARTY LINKS

Please be aware that when visiting these websites, you may follow links to external websites that are not affiliated with Seaman or any related entity.  Seaman is not responsible, nor makes any representation of responsibility, for the privacy policies of those third parties. When you leave our websites, we encourage you to read the privacy notice of every website you visit.

II. DEFINITIONS

For the purposes of this Policy, Seaman defines the following terms:

“Comply with a legal or regulatory obligation” means processing your Personal Data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

“Consent” means the express permission that you have provided to Seaman to collect your Personal Data for the business purposes stated herein and subject to the limitations that you provide.

“External Third Parties” means service providers, such IT and system administration services, and professional advisers, such as lawyers, bankers, auditors and insurers, who provide consulting, banking, legal, insurance, and accounting services to or on behalf of Seaman.

“Internal Third Parties” means subsidiaries of Seaman which provide other essential services, such as IT and system administration services or which undertake leadership reporting.

“Legitimate Interest” means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your Personal Data for our legitimate interests. We do not use your Personal Data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

“Personal Data” includes any information that can be used to directly or indirectly identify an individual, including, but not limited to, the identification of IP addresses, name, identification number, location data,  online identifiers, and/or other information defined by law, statute, or regulation as “Personal Data.”

III. TYPES OF PERSONAL DATA WE COLLECT

Seaman may collect, process, store and transfer different kinds of Personal Data about you:  

  • Contact Data including your mailing address, email address, and telephone numbers;
  • Identity Data including your first name, last name, personal identification number (such as a social security number or federal tax identification number), and date of birth;
  • Financial Data including the name of your bank and your bank account information;
  • Marketing and Communications Data including your preferences in receiving marketing from us and your communication preferences;
  • Profile Data including your user name, your password, and any preferences which you set in any user profile;
  • Technical Data including internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our websites;
  • Transaction Data including details about products you have purchased or warranty information; and
  • Usage Data including information about how you use our website, products, and services.

Seaman may also collect, process, store, and use Aggregated Data such as statistical or demographic data for any purpose.  Aggregated Data may be derived from your Personal Data, but is not considered Personal Data under the law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we will treat the combined data as Personal Data in accordance with this Policy.

Seaman does not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Seaman also does not collect any information about criminal charges, convictions, and/or offenses.

IV. METHODS OF COLLECTING PERSONAL DATA

Seaman utilizes two methods to collect Personal Data from you and about you.   Any Personal Data which Seaman collects through either method is subject to this Policy.

The first method is direct interactions.  In a direct interaction, you provide us with Identity Data, Contact Data, or Marketing and Communications Data by completing forms on the websites or by contacting us by phone, email, or otherwise.  You may provide such Personal Data in order to request marketing to be sent to you or give us some feedback.

The second method is automated technologies or interactions.  As you interact with our websites, Seaman may automatically collect Technical Data or Usage Data.  We collect this personal data by using cookies, server logs, and other similar technologies. For information concerning our use of cookies, please refer to Section V.C, below.  

V. HOW WE USE YOUR PERSONAL DATA

Seaman will only use your Personal Data when the law allows us to do so.  Typically, we will only use your Personal Data:

  • Where it is necessary for our legitimate interests (or those of an Internal Third Party or an External Third Party as defined above) and your interests and fundamental rights do not override those interests;
  • Where we need to comply with a legal or regulatory obligation; or
  • Where you have provided us with consent.

A. Legitimate Interests

Seaman may process the Personal Data described below for the following legitimate interests, where appropriate.  Please note that we may process your Personal Data for more than one lawful ground depending on the specific purpose for which we are using your data.

  1. To manage our relationship with you, including notifying you about changes to our Privacy Policy, we may process your Contact Data, Identity Data,  Marketing and Communications Data, Profile Data, or Transaction Data;
  2. To administer and protect our businesses and their websites, including troubleshooting, data analysis, testing system, maintenance, support, and reporting and hosting of data, we may process your Contact Data, Identity Data, Profile Data, Technical Data, or Usage Data;
  3. To deliver relevant website content and advertisements to you, we may process your Contact Data, Identity Data, Profile Data, Technical Data, and Usage Data;
  4. To facilitate a product service or warranty request, we may process your Contact Data, Identity Data, Profile Data, and Transaction Data; and
  5. To administer an application you make for credit with Seaman, we may process your Contact Data, Identity Data, Financial Data, and Profile Data.

Please contact Seaman’s Data Protection Officer to request any addition information about these Legitimate Interests.

B. Consent

In order to provide services and communicate, Seaman’s websites allow you to affirmatively provide Personal Data through on-line forms.  By providing your Personal Data, you voluntarily consent to its processing for the purpose for which you provided said Personal Data. Seaman will not sell, distribute, or lease your Personal Data to third parties unless we obtain your prior consent.

Seaman will document your consent to the collection of your Personal Data.  You have the right to withdraw this consent, as detailed below.

If you have provided us with consent, Seaman will only use the Personal Data in connection with the reasonable scope of that consent.  If Seaman intends to use that information outside the scope of your consent, it will notify you to obtain such additional consent.

Please consider and balance any potential impact on you (both positive and negative) before consenting to our processing of your Personal Data.

C. Cookies

Seaman employs web traffic log cookies to identify which pages of this website are being used.  This Usage Data helps us analyze our websites’ traffic for statistical analysis purposes, and assists us in better serving our customers’ needs.  Cookies allow us to provide our customers with a better website, and in no way gives us access to your computer or any Personal Data, other than the data that you share with us.  

You may change your browser settings to not allow for cookies.  If you do so, then you will still be able to visit the websites, but you may not be able to use the websites to their full potential.  

D. No Automated Process for Profiling

Seaman does not use or employ any automated processes for profiling based on its collection of your Personal Data.  

VI. DISCLOSURES OF YOUR PERSONAL DATA

Seaman may disclose your Personal Data to Internal Third Parties and External Third Parties as defined in Section II for the Legitimate Interests outlined Section V.A.  

Seaman may also disclose your Personal Data to third parties to which we may choose to sell, transfer, or merge parts of our business or our assets.  If a change happens to our business, then the new owners may use your Personal Data in the same way as set out in this Policy.

Seaman will not sell, distribute, or lease your Personal Data to third parties without your prior consent where the only basis for processing that Personal Data was your consent.  Moreover, Seaman will disclose your Personal Data where required to do so by the laws of the applicable jurisdiction.

VII. APPLICABILITY BASED ON GEOGRAPHIC LOCATION

For individuals that are citizens of the European Economic Area (“EEA”), after May 25, 2018, all processing of Personal Data is made in accordance with the Regulations (“EU”) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, known as the General Data Protection Regulation (“GDPR”), and Seaman’s processing of Personal Data will take place in accordance with the GDPR.  Similarly, to the extent that the Personal Data is transferred from a data controller outside the EU and/or EEA, Seaman will adhere to the requirements of the GDPR. Seaman will promptly notify you in the event of any known unauthorized access to, or use of, your Personal Data in accordance with all applicable legal requirements.

For individuals who are citizens of states outside the EEA, Seaman has implemented reasonable physical, technical and organizational safeguards that comply with applicable governing laws, statutes, and regulations.

VIII. DATA SECURITY

Seaman has implemented and maintains appropriate security measures to prevent your Personal Data from being accidentally lost, processed, or accessed in an unauthorized way, or altered or disclosed. In addition, we limit access to your Personal Data to those employees, agents, contractors Internal Third Parties, and External Third Parties who have a legitimate business need to know. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality.

Seaman has procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

IX. RETENTION AND DELETION OF PERSONAL DATA

Seaman will not retain Personal Data for any period of time longer than to fulfill the purpose for which the information was obtained, or as dictated by any applicable law, statute, or regulation, not to exceed 5 years.  In determining the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of the Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal, accounting, and reporting requirements.

X. YOUR RIGHTS TO CONTROL YOUR PERSONAL DATA

With respect to the Personal Data that Seaman holds, if any, you have the following seven rights:

Right to request access to your personal data. This right allows you to request to receive a copy of the Personal Data that Seaman holds about you and to check that we are lawfully processing it.

Right to request correction of the Personal Data.  This right allows you to request to have any incomplete or inaccurate data that Seaman holds about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Right to request erasure of your Personal Data. This right allows you to request that Seaman delete or remove Personal Data where there is no legitimate reason for us to continue processing it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Right to object to processing of your Personal Data.  This right allows you to object to Seaman’s processing of your Personal Data where we are relying on a Legitimate Interest (or those of an Internal Third Party or an External Third Party as defined above) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Right to request restriction of processing of your Personal Data.  This right allows you to request that Seaman suspend the processing of your Personal Data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Right to request the transfer of your Personal Data to you or to a third party.  This right allows you to request that Seaman provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use.

Right to withdraw consent.  This right allows you to withdraw your consent to Seaman’s processing of your Personal Data at any time where we are relying solely on your consent to process your Personal Data.  However, this right does not affect the lawfulness of any processing carried out before you withdraw your consent. If you do withdraw your consent, then we may not be able to provide certain products or services to you.  We will advise you if this is the case at the time you withdraw your consent.

In connection with any request pursuant to these rights, we may request additional information to confirm your identity and to ensure your right to access the Personal Data requested.  Any request for additional information is part of Seaman’s security measures to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

You may exercise any or all of these rights at no cost to you.  Where practical and not subject to statutory exemption, Seaman will try to respond to all legitimate requests within 30 days of said request. Occasionally it may take us longer than these 30 days to respond if your request is particularly complex or you have made a number of requests.  In this case, we will notify you and keep you updated.

You also have the right to make a complaint at any time to a regulatory body concerning our processing of your Personal Data.  While you have that right, we would appreciate if you first contacted us and afforded us the opportunity to address your concerns before you approach any regulatory body.

XI. FURTHER INFORMATION

For further information concerning your Personal Data, please contact the Seaman’s Data Protection Officer at the information stated in Section I, above.