Weld.Com LLC PRIVACY POLICY

WELD.COM LLC Privacy

Last updated on March 15, 2023.

IMPORTANT NOTICE: Weld.com LLC (referred to herein as "we," "us," and "our") takes privacy and security seriously and believe in transparency.  This privacy policy (the "Policy"), together with our Terms of Use ([hyperlink to terms of use]), apply to www.weld.com, related webpages, web forms (“Site”), mobile application (“App”), emails, and other interaction that you have with us that link to this Policy, and any other features, subdomains, content, functionality, services, media, applications, or solutions offered by us  (collectively, the "Services”). Therefore, please review this Policy that will tell you more about the following:

WHAT PERSONAL DATA DO WE COLLECT THROUGH OUR SERVICES?

HOW WE TREAT YOUR PERSONAL DATA?; AND

WHAT CHOICES AND RIGHTS YOU HAVE IN THIS REGARD?

This Policy does not apply to (1) information collected by us offline, or (2) information collected by any third party and any third party application, website, or content (including advertising) that may link to or be accessible from, our Services.  For more details, please refer to Section 2.3(b) below.

PLEASE READ THIS POLICY CAREFULLY TO UNDERSTAND HOW WE TREAT YOUR PERSONAL INFORMATION. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS POLICY, YOU SHOULD NOT ACCESS OR USE THE SITE OR ANY FUNCTIONS RELATED THERETO. BY USING, ACCESSING, OR VISITING THE SITE, OR BY REGISTERING OR SUBMITTING YOUR DATA THROUGH IT, YOU CONSENT TO THIS POLICY AND TO OUR COLLECTION AND SHARING OF YOUR DATA IN ACCORDANCE WITH THE TERMS OF THIS POLICY.

Our Services is housed on servers in the United States.  If you are located outside of the United States, please be aware that information and data we collect will be processed and stored in the United States, a jurisdiction in which the data protection and privacy laws and principles, including your data subject rights, may not offer the same level of protection as those in the country/region where you reside or are a citizen.  For more details, please refer to Section 11(b) below.

1.       Introduction

2.       Information We Collect

3.       How We Use or Disclose Your Data

4.       How Long We Store Your Data

5.       How We Protect Your Data

6.       Your Choices to Control Your Data

7.       Cookies and Similar Technologies

8.       Nevada Residents

9.       Children’s Privacy

10.    Updates and Changes to this Policy

11.    European Privacy Notice; International Data Transfer

12.    Contact Us

1.   INTRODUCTION

What is “Personal Data”?  “Personal Data” means information that can be used to identify you, directly or indirectly, alone or together with other information. This includes things such as your full name, contact information, email address, phone number, government IDs, login IDs and passwords, device IDs, certain cookie and network identifiers, other categories described below.  We may de-identify, aggregate and/or anonymize your Personal Data by excluding and removing data components (such as your name, email address, or linkable tracking ID) through obfuscation, or through other means so that the resulting dataset is no longer personally identifiable to you (such resulting dataset is known as “Aggregated Data”).  Our use of Aggregated Data is not subject to this Policy.

2.   INFORMATION WE COLLECT

  • Who are “You”? For purposes of this Policy, the term “you” or “your” include:
  • Members:
  • Individuals who register an account via our Services to view content or use our gift shop (for which you access our Services at no charge and in some cases, for a limited trial period) (“View-only Member”);
  • Individuals who register either as an individual account holder or as an enterprise account holder to share content, engage in discussion through our Services, and contact (“Standard Member”);
  • Individuals who register either as an individual account holder or as an enterprise account holder to share and promote their contents, products and services (“Premium Member”); or
  • other individuals who interact with us or our Services, such as (i) visitors who browse our website or webpages, sign up for our newsletters or other marketing communication, or attend corporate events, or (ii) other business-to-business contacts of our service providers, business partners, and contacts (“Other Individuals”).

Member (including individuals at View-only, Standard, or Premium level) and Other Individuals are collectively referred as “User” or “Users.”

  • We may collect and process the following Personal Data from you for the purposes set forth below:

Category

Types of Data and Purpose

Legal Basis

User Account Information

In order to view and in some cases use certain features of the Site, including but not limited to white papers, videos with educational content or purchase products through our online store, an Account Holder must first complete an account registration. When you create an account and register with us, we collect your name, email address, and the username and password that you create for your account.

 As part of the registration process, you may provide additional information, such as date of birth, educational background, professional history, military status and welding experience. Unless otherwise determined by Weld.com LLC to facilitate certain transactions based on the level(s) of your subscription at Trial, Basic or Premium level, such information is not required to become an Account Holder. If disclosed, all information provided in the scope of the registration process is subject to this Policy.

Consent; or

Legitimate Interests; or

Contractual Obligations

User Generated Content

On the Site or through other platforms or domain under our control (which will include a link to this Policy), you may have the right to submit content.  Premium and Standard Members may choose to provide additional information (on a voluntary basis), which may include photographs or videos of the Members, a general description or biographer of the Members, and links to their social media accounts.

Subject to and without limiting the Terms of Use, you are solely responsible for your conduct (including its accuracy and completeness) and for any data, text, files, information, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "User Generated Content") that you submit, upload, post or display on or include on the Site or through any other platform provided by Weld.com LLC.  All User Generated Content shall be subject to the Terms of Use and this Policy. 

By participating in Premium Member “Mystery Box” giveaway or entering other sweepstakes periodically sponsored by Weld.com, you grant us the permission to share your email address, User Generated Content, and any other Personal Data with our agents for the purpose of administration and prize fulfillment, including use in a publicly available winners list and our social media feeds. 

Consent;

Legitimate Interests; or

Contractual Obligations

Usage Data

When you visit our Site, we and our third-party partners may automatically collect information from or in connection with your browser or your mobile device, which includes

Device Data, i.e., the date and time of your visit, your Internet Protocol (IP) address or unique device identifier, language preference, domain server, your device or browser type, access time, referring website, mobile network information, and data about which pages you visit in order to allow us to operate and provide the Site. 

Location Data to the extent a User chooses to share such information with us to facilitate the provision of Services, such as via permissions within the App operating system, push notification request, or browser functionality.

Different rules may apply if you visit the Site from a location outside the United States. This information is used to understand how you interact with the Site and to provide you with advertising and a more personalized experience.

To learn more about our collection of technical data, please see the “Cookies and Similar Technologies” section of this Policy below.  If you choose to disable cookies and similar technologies, some areas and features of the Site may not work properly. 

The legal basis for processing of Essential and Functional cookies is our Legitimate Interests in the proper administration of our Platform and business.

 

We rely on your Consent for the use of marketing, performance, and analytic cookies and similar technologies that is not strictly necessary. 

Analytics Data

If you receive electronic communications from us or interact with our Services, we may use certain tools to capture data related to if/when you open our message and if/when you click on any links or banners it contains.

Other information collected may include

·      Usage and Activities including the path taken to our Services, through our Services, and when exiting our Services, other usage and activity on or in connection with our Services;

·      Metrics on your interaction with our email outreach, including the date and time of your "click" on the email, a message number, the name of the list from which the message was sent, a tracking URL number, and a destination page.  the path taken to our Services, through our Services, and when exiting our Services, usage and activity on or in connection with our Services, metrics on how many emails we send are actually opened and which attachments or links are opened, clicked, or viewed (such as via pixels, as described further below).

We use this information to enhance our marketing efforts.

Legitimate Interest; or

Consent

Feedback / Support / Inquiries

If you provide us with feedback or contact us for support or to ask us questions, such as any contact forms, we may collect your name, address, telephone number, email address, and other information needed to respond to your feedback, or request for support, or to answer your question.

Consent;

Legitimate Interests; or

Contractual Obligations

Communications Data

When you communicate with us, we may retain your communications in order to process and respond to them, as well as to improve our services. We may use your email address to communicate with you about our services or send you periodic emails. If at any time you would like to unsubscribe from receiving future emails, you may unsubscribe through the provided method.

Consent;

Legitimate Interests; or

Contractual Obligations

Payment and Order Information

If you choose to purchase a merchandise from our giftshop at https://shop.weld.com/collections/frontpage,  in addition to your Account Information, our third-party payment processor will collect your billing address, your credit card information (credit card number, name on card, security code, expiration date, and CVV); email address; and billing zip code.  By submitting your Payment Information, our Payment Processor may share invoices or such other transactional documents that may contain your financial information.  We do not store your Payment Information, but our payment processor may store your Payment Information for the purpose of facilitating payment of your recurring subscription fees.

 

Consent; or

Contractual Obligations

Social Network Information

You may connect with us through a third-party social network, such as Facebook, Twitter, WhatsApp, and Instagram and other networks or websites, including YouTube (each, a "Social Network"). If you choose to do so, we may collect information from your profile on such Social Network, such as your name, username, and email address.

In addition, our Site may offer features that will allow you to share information from our Site to a Social Network or share information from our Social Network sites. If you decide to use such features, they may allow the sharing and collection of information both to and from such Social Network so you should check the privacy policy and other terms or guidelines of each Social Network before using such features. Any usage of a Social Network is at your sole risk.

Consent; or

Legitimate Interests

 

Third Party Information

In addition to the information that we collect from you directly, we may also receive information about you from other sources, including third parties, business partners, our affiliates, or publicly-available sources.

Further, if you send someone else a communication from the Site, such as an invitation or a gift to a friend, the information you provide (e.g., names, email addresses, mobile number, etc.) will be used to facilitate the communication. You need to ensure that you have the recipient's permission to use his or her information for this purpose.  When you use any send-to-a-friend functionality on our Site, your email address, mobile number, name or username and message may be included in the communication sent to your addressee(s).

Consent;

Legitimate Interests;

Contractual Obligations

 

 

  • Miscellaneous:
  1. Is entry of Personal Data required? The entry of Personal Data is required to access certain portions of the Platform. You may choose not to provide us with any Personal Data and may still access certain portions of the Services but will not be able to access those portions of the Services that require your Personal Data. 
  2. Links to Other Websites.Please note that this Policy does not apply to the practices of companies that we do not own or control, or to people that we do not employ or manage.  Our Services may provide a link or otherwise provide access to website controlled by others.  We provide these links merely for your convenience.  We have no control over, do not endorse or review, and are not responsible for, these websites, their content, or any goods or services available through these third party sites.  Our Policy does not apply to these sites.  We encourage you to investigate and ask questions before disclosing Your Personal Data to these third party websites.

3.      HOW WE USE AND DISCLOSE YOUR DATA

3.1       How do we use your Personal Data: We may collect and use the types of Personal Data listed above in an effort to improve your experience on the Site, to provide services to you, and to communicate with you about the information you have requested.  We may also use Personal Data to help target specific offers to you and to help us develop and improve the Site and our services. Additionally, we may use your Personal Data in the following ways:

  • To provide you with the services you or your organization have requested and to manage our relationship with you or your organization, including administering your account, processing payments, accounting, auditing, billing and collection and taking other steps necessary to the performance of our business relationship with you;
  • To present and improve our Services’ content and functionality;
  • To personalize your experience (Your information helps us to better respond to your individual needs.)
  • To improve customer service (Your information helps us to more effectively respond to your customer service requests and support needs.)
  • To respond to inquiries by visitors, subscribers, and customers;
  • To determine user interests, needs, and preferences;
  • To collect feedback regarding your experience;
  • To provide notice of changes to the Services we offer or provide through them;
  • To conduct research and analysis;
  • To administer your participation in special events, contests, sweepstakes, surveys or promotions;
  • To manage and maintain the security of our Services;
  • To market our Services and products to you, including communication about, and administration of your participation in events, promotions, campaigns, etc. Where legally required to do so, we will provide you with marketing-related information after you have opted in to receive those communications.  Alternatively, we also provide you with the opportunity to opt-out of such communications at any time. We do not sell or distribute this information to third parties or use it for any other purpose;
  • To send periodic emails including information and updates pertaining to your order. We will also use your contact information to respond to your requests or inquiries. We may use your contact information to send you information about our company, including our affiliates, or our products or services, or to contact you when necessary. You may opt out of receiving emails by choosing to opt out on our Website.

3.2       DISCLOSURE OF YOUR PERSONAL DATA

We may disclose your information in the following contexts:

Category

Disclosure Contexts

Subsidiaries and Acquisitions

We may share your Personal Data with our subsidiaries and affiliates and with their respective officers, directors, employees, accountants, attorneys and agents. In addition, we may disclose your Personal Data in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our company assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by us about the Site's users is among the assets transferred. 

Disclosures With Your Consent or at Your Direction

From time to time, we may ask if you would like us to share your Personal Data with other unaffiliated third parties who are not described elsewhere in this Policy.  We may disclose your Personal Data in this context with your permission or upon your direction.

Disclosures Without Your Consent

We may disclose your Personal Data in response to subpoenas, warrants, court orders or other legal process, or to comply with relevant laws. We may also share your Personal Data in order to establish or exercise our legal rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property or any other violation.

Service Providers

We may share your Personal Data with our service providers that need access to your information to provide operational or other support services on our behalf. Among other things, service providers may help us to administer the Site, support our provision of services requested by you; provide technical support; send marketing, promotions and communications to you about our services; provide payment processing; and assist with other legitimate purposes permitted by law.

All such third-party service providers are required to maintain the confidentiality of your information and are prohibited from using your Personal Data except for the purposes for which we disclose it to them or as required by law.

Professional Advisors

We may share your Personal Data with our insurers, and other professional advisors, including attorneys, accountants, that need access to your information to provide operational or other support on our behalf.

 

 

4.      HOW LONG WE STORE YOUR DATA

We retain and use your Personal Data for an appropriate period of time as is necessary to fulfill the purposes, for which it was collected, to comply with our business requirements and legal obligations, to resolve disputes, to protect our assets, to provide our Services, to pursue legitimate business purposes, to enforce our agreements, and other business or commercial purposes to the extent provided in this Policy.

We take reasonable steps to securely delete the Personal Data we collect when (1) we have a legal obligation to do so, (2) we no longer have a purpose for retaining the information, or (3) if you ask us to delete your Personal Data, unless we determine that doing so would violate our existing, legitimate legal, regulatory, dispute resolution, contractual, or similar obligations.  We may also decide to delete your Personal Data if we believe it is incomplete, inaccurate, or that our continued storage of your Personal Data is contrary to our legal obligations or business objectives.  When we delete your Personal Data, it will be removed from our active servers and databases; but it may remain in our archives when it is not practical or possible to delete it.

5.      HOW DO WE PROTECT YOUR DATA?

We have put in place reasonable and appropriate security measures to protect the Personal Data that you share with us from being accidentally lost, used, altered, or disclosed or accessed in an unauthorized manner. From time to time, we review our security procedures to consider appropriate new technology and methods.

While our security measures seek to protect your Personal Data in our possession, no security system is perfect, and no data transmission over the Internet can be guaranteed to be completely secure. As a result, while we strive to protect your Personal Data, we cannot guarantee or warrant the security of any information you transmit to or from our Site, and you do so at your own risk. We cannot promise that your Personal Data will remain absolutely secure in all circumstances. 

The safety and security of your Personal Data also depends upon you.  Where you use a password for access to restricted parts of the Services, you are responsible for keeping your password confidential.  Do not share your password with anyone.

6.      YOUR CHOICES TO CONTROL YOUR DATA

If you would like to manage, change, limit, or delete your Personal Data, you may submit such requests via the “Contact Us” details at the end of this Policy to exercise certain rights and choices under this Policy, to the extent provided by applicable data privacy laws.  Further, if you no longer want to receive any push notification, email contact, or other non-essential outreach from us in the future, you may adjust the setting of your browsers, the Apps, or your weld.com account, following instructions below (where applicable), or submit your request through the “Contact Us” details at the end of this Policy.  To manage cookies, please refer to Section 7 (Cookies and Similar Technologies) below.

Communication Preferences. If you no longer wish to receive communications from us via email, you may opt-out of certain types of communications (as described below) by clicking the “unsubscribe” link at the bottom of our emails or by contacting us at the “Contact Us” details provided at the end of this Policy and providing your name and email address so that we may identify you in the opt-out process.  Once we receive your instruction, we will promptly take action. 

  • Communications Regarding Our Services. We will send you email notifications and free newsletters from time to time with offers, suggestions and other information. You may “opt-out” from receiving such communications by following the “Unsubscribe” instructions provided in the email.
  • Legal or Security Communications. We also send out notices that are required for legal or security purposes. For example, certain notifications are sent for your own protection. In other cases, these notifications involve changes to various legal agreements, such as this Policy or the Terms of Service. Generally, you may not opt out of such emails.
  • Account and Order Communications. If you subscribe to our Services or purchase merchandise via our online gift shop, we may send you communications regarding such Services. We may also send communications providing customer support or responses to questions regarding the operation of the Services.  Generally, you may not opt out of such emails.

Online Tracking Signals.  We do not currently recognize browser settings or signals of tracking preferences, which may include “Do Not Track” instructions. “Do Not Track” is a web browser setting that seeks to disable the tracking of individual users’ browsing activities. We adhere to the standards set out in this Policy and do not currently respond to “Do Not Track” signals on the Services or on third-party websites or online services where we may collect information. 

Update Your Personal Data.  If any of the Personal Data you have provided to us changes, please update it in your user/account profile, or let us know via the “Contact Us” details at the end of this Policy.  For instance, if your email address changes, you may wish to let us know so that we can communicate with you.  If you become aware of inaccurate Personal Data about you, you may want to update your information.  We are not responsible for any losses arising from any inaccurate, inauthentic, deficient, or incomplete Personal Data that you provide to us.

Complaints. If you believe that your rights relating to your Personal Data have been violated, you may lodge a complaint with us by contacting us via the “Contact Us” details at the end of this Policy.

7.      COOKIES AND SIMILAR TECHNOLOGIES

  1. First and Third-Party Cookies

A “cookie” is a small file created by a web server that can be stored on your device (if you allow) for use either during a particular browsing session (a “session” cookie) or a future browsing session (a “persistent” or “permanent” cookie). “Session” cookies are temporarily stored on your hard drive and only last until they expire at the end of your browsing session. “Persistent” or “permanent” cookies remain stored on your hard drive until they expire or are deleted by you. Local stored objects (or “flash” cookies) are used to collect and store information about your preferences and navigation to, from, and on a website. First-party cookies are set by the website you’re visiting, and they can only be read by that site. Third-party cookies are set by a party other than that website.  You can block and control cookies using the information noted below. If you block all cookies, certain functionalities on our Services may not work.

  1. Other Third Party Technologies

In addition to cookies, there are other automatic data collection technologies, such as Internet tags, web beacons (clear gifs, pixel tags, and single-pixel gifs), and navigational data collection (log files, server logs, etc.), HTML Local Storage, Social Widgets, or UTM Codes that can be used to collect data as users navigate through and interact with a website.

We do not control these third parties’ technologies or website or how they may use your data once you are referred to these third-party websites.  If you have any questions, you should contact the responsible party directly or consult their privacy policies.

  1. What Cookies and Similar Technologies Are in Use and Why Do We Use Them?

Type of Cookies

Description

Essential cookies

Required cookies enable you to navigate our Services and use its features.

If you have chosen to identify yourself to us, we use cookies containing encrypted information to allow us to uniquely identify you. Each time you log into our Services, a cookie containing an encrypted, unique identifier that is tied to your account is placed on your browser. These cookies allow us to uniquely identify you when you are logged into our Site and to process your online transactions and requests.

Functionality cookies

Functionality cookies allow our Services to (i) enhance your experience by remembering information you have entered or choices you make (such as your username, language, or your region); and (ii) enable compliance of website settings with applicable laws in the region where we operate.  These cookies also enable you to optimize your use of our Services after logging in. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize. 

We may use local shared objects, also known as Flash cookies, to store your preferences or display content based upon what you view on our Services to personalize your visit.

Performance cookies

These cookies collect information about how you use our Services, including which pages you go to most often and if they receive error messages from certain pages. These cookies do not collect information that individually identifies you. All information these cookies collect is aggregated and anonymous. It is only used to improve how our Services functions and performs.

From time-to-time, we may engage third parties to track and analyze usage and volume statistical information from individuals who visit our Services.  We may also utilize Flash cookies for these purposes.

 

Google Analytics.

  • When we use Google Analytics. We may use this Performance Cookie, to collect and process statistical data about the number of people using the Services and to better understand how they find and use the Services. We place this cookie (i) where you have explicitly consented, or (ii) where you have not disabled third party advertising cookies (depending on your location).  The data collected includes data related to your device/browser, your IP address, and on-site activities to measure and report statistics about user interactions on the Services. Any data collected is used in accordance with this Policy and Google’s privacy policy at here.
  • How to opt-out of Google Analytics. To opt-out, please visit https://tools.google.com/dlpage/gaoptout and install the opt-out browser add-on feature. You may learn more about Google Analytics by visiting:

https://support.google.com/analytics/answer/181881?hl=en;

https://policies.google.com/technologies/partner-sites; and

https://support.google.com/analytics/answer/6004245.

  1. Choices About Cookies

Most web browsers are set by default to accept cookies. If you do not wish to receive cookies, you may leverage our Cookie Management link, or set your browser to refuse all or some types of cookies or to alert you when cookies are being sent by website tracking technologies and advertising. You may adjust your browser settings to opt out of accepting a “persistent” cookie and to only accept “session” cookies, but you will need to log in each time you want to enjoy the full functionality of the Services.

If you decline the use of cookies, you may not have access to the full benefits of the Services. Further, your opt-out only applies to the web browser you use, so you must opt out of each web browser on each computer you use. Once you opt out, if you delete your browser’s saved cookies, you will need to opt out again. In addition, adjusting the cookie settings on the Services may not fully delete all of the cookies that have already been created. To delete them, visit your web browser settings after you have changed your cookie settings on the Services.

Additional information is provided below about how to disable cookies or manage the cookie settings for some of the leading web browsers (PLEASE NOTE: these third party links are provide for your convenience, and we may not actively monitor the content of these links):

Google Chrome

https://support.google.com/chrome/answer/95647?hl=en

Firefox

https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

Internet Explorer

http://windows.microsoft.com/en-GB/windows-vista/Block-or-allow-cookies

Microsoft Edge

https://support.microsoft.com/en-us/microsoft-edge/delete-cookies-in-microsoft-edge-63947406-40ac-c3b8-57b9-2a946a29ae09

Safari; iOS

https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac and https://support.apple.com/en-us/HT201265

Adobe Flash Cookie

https://www.macromedia.com/support/documentation/en/flashplayer/help/help09.html

 

For more information on how to modify your browser settings to block or filter cookies, visit http://www.aboutcookies.org/(or https://www.youronlinechoices.eu/ or https://youradchoices.ca/en/tools for the EEA and Canada, respectively) or the Network Advertising Initiative’s (NAI) online resources at https://www.networkadvertising.org/choices/.

You can also opt-out of receiving some interest-based advertisements on your Apps by visiting https://www.aboutads.info/appchoices. You may also be able to opt-out of some — but not all — interest-based advertising served by mobile ad networks by visiting https://youradchoices.com/appchoices and downloading the mobile AppChoices app.

8.      NEVADA RESIDENTS

To the extent applicable, you may submit a verified request to us by following instructions at the “Contact Us” section below to request that we not make any sale (as defined under Nevada law) of any covered information (as defined under Nevada law) that we have collected or will collect about you. Please provide your name and contact information in your request, and we will respond to your request in accordance with Nevada law.

9.      CHILDREN'S PRIVACY

The Children's Online Privacy Protection Act (“COPPA”), as well as other data privacy regulations, restrict the collection, use, or disclosure of Personal Data from and about children on the Internet. Our Site and services are not directed to children aged 16 or younger, nor is information knowingly collected from children under the age of 16.  No one under the age of 16 may access, browse, or use the Site or provide any information to or on the Site.  If you are under 16, please do not use or provide any information on the Site (including, for example, your name, telephone number, and email address).  If we learn that we have collected or received Personal Data from a child under the age of 16 without a parent's or legal guardian's consent, we will take steps to stop collecting that information and delete it.  If you believe we might have any information from or about a child under the age of 16, please contact us at the “Contact Us” section below.

For more information about COPPA, please visit the Federal Trade Commission's website at: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule.

10.    UPDATES AND CHANGES TO THIS POLICY

We reserve the right, at any time and without notice, to add to, change, update, or modify this Policy to reflect any changes to the way in which we treat your Personal Data or in response to changes in law. Should this Policy change, we will post all changes we make to this Policy on this page. If we make material changes to how we treat your Personal Data, we will also notify you through a notice on the home page of the Site for a reasonable period of time. Any such changes, updates or modifications shall be effective immediately upon posting on the Site. The date on which this policy was last updated is identified at the beginning of this Policy.

You are expected to, and you acknowledge and agree that it is your responsibility to, carefully review this Policy prior to using the Site, and from time to time, so you are aware of any changes. Your continued use of the Services after the "Last Updated" date will constitute your acceptance of and agreement to such changes and to our collection and sharing of your Personal Data according to the terms of the then-current Policy. If you do not agree with this Policy and our practices, do not access, view, or use any part of the Services.

11.    EUROPEAN PRIVACY NOTICE; INTERNATIONAL DATA TRANSFERS

(a)            European Privacy Notice. This European Privacy Notice supplements the information contained in our Policy and applies solely to individuals located in the European Economic Area (“EEA”), United Kingdom (“UK”), or Switzerland, and to the Services available in the EEA, UK, and Switzerland that link to this European Privacy Notice:

  • Legal Basis for Data Processing: We may process your Personal Data in connection with any of the purposes and uses set out in this Policy based on one or more of the following legal grounds:
  • Performance of a Contract: As necessary to perform the Services you have requested or to comply with your instructions or other contractual obligations between you and us;
  • Legal Obligations: As necessary to comply with our legal obligations as well as to keep records of our compliance processes (for example, to comply with applicable accounting rules and to make mandatory disclosures to law enforcement);
  • Legitimate Interest: Because of our legitimate interests, or those of a third-party recipient of your Personal Data, to make the processing necessary, provided those interests are not overridden by your interests or fundamental rights and freedoms;
  • Vital Interest: As necessary to protect your vital interests;
  • Public Interest: As necessary in the public interest;
  • Consent: Because you have expressly given us your consent to process your Personal Data in a particular manner. Giving consent may include your publication or display your Personal Data voluntarily on a public area of the Services available for public view without restrictions, such as a comment area.  In this case, we construe that you have given us Consent to process.  You may withdraw your Consent at any time unless otherwise provided in the applicable data protection or privacy laws.
  • Purposes for which we process your Personal Data and Legal Basis: For more details, please refer to Section 3 (How We Use and Disclose Your Data)
  • EU and UK Data Subject Rights: If you are located in the EEA, the UK, Switzerland, you have the following rights with respect to your Personal Data that we hold. All requests should be sent to the address noted in the “Contact Us” section of this Policy, and we will fulfill requests to the extent required by applicable law.
  • Right to Access. To the extent required by law, you have the right to receive confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, access to the personal data and the following information: the purposes of the processing; the categories of personal data concerned; and the recipients or categories of recipient to whom the personal data have been or will be disclosed. We will provide a copy of your Personal Data in compliance with applicable law.
  • Right to Correct. We will endeavor to keep your Personal Data accurate, current, and complete. Please contact us if you believe your information is not accurate or if it changes.
  • Right to Erasure. In some cases, you have a legal right to request that we delete your Personal Data when (1) it is no longer necessary for the purposes for which it was collected, (2) consent has been withdrawn in certain instances, (3) you have objected to the processing in certain instances, (4) the Personal Data has been unlawfully processed, (5) the personal data have to be erased for compliance with a legal obligation; and (6) the personal data were collected in relation to the offer of information society services. However, the right is not absolute. When we delete Personal Data, it will be removed from our active servers and databases as well as the Platform; but, it may remain in our archives when it is not practical or possible to delete it. We may also retain your Personal Data as needed to comply with our legal obligations, resolve disputes, or enforce any agreements.
  • Right to Restrict Processing. You have the right to restrict the processing of your data when (1) the accuracy of the personal data is contested, for a period enabling the controller to verify the accuracy of the personal data; (2) the processing is unlawful and you oppose erasure and request a restriction instead; (3) we no longer need the personal data, but you need us to keep it for the establishment, exercise, or defense of legal claims; or (4) you have objected to us processing the Personal Data, pending resolution of the objection.
  • Right to Data Portability: You have the right to receive Personal Data that you have provided to us, in a structured, commonly used and machine-readable format, and you have the right to transmit that dataset to another controller, including to have it transmitted directly, where technically feasible.
  • Right to Object. In certain circumstances, you have the right to object to the processing of your Personal Data where the processing is necessary for performance of a task carried out in the public interest, for our legitimate interests, or for the legitimate interests of others. You also have the right to object where personal data are processed for direct marketing purposes or for scientific or historical research purposes or statistical purposes.
  • Right to Withdraw Consent. If you have provided your consent to the collection, processing, and transfer of your Personal Data, you may have the right to fully or partially withdraw your consent. Once we have received notice that you have withdrawn your consent, in whole or in part, we will no longer process your information for the purpose(s) to which you originally consented and have since withdrawn unless there are compelling legitimate grounds for further processing that override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims. Withdrawal of consent to receive marketing communications will not affect the processing of Personal Data for the provision of our services.
  • Inquiries and Complaints. If you believe we have not processed your Personal Data in accordance with applicable data privacy laws in EEA, UK or Switzerland, we encourage you submit a request via “Contact Us”. You also have the right to make a complaint to the relevant Supervisory Authority or seek a remedy through the courts. A list of Supervisory Authorities is available in the table below (PLEASE NOTE: these third party links are provide for your convenience, and we may not actively monitor the content of these links):

 

Within EEA

https://edpb.europa.eu/about-edpb/board/members_en

United Kingdom

https://ico.org.uk/make-a-complaint/

Switzerland

https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html

 

If you need further assistance regarding your rights, please submit a request via “Contact Us” and we will consider your request in accordance with applicable law.

(b)        International Data Transfers

Your Personal Data may be transferred to, stored, or processed in countries other than where you live.  These arrangements may involve your Personal Data being located in various countries around the world, e.g., United States, where privacy laws differ from EU, Switzerland, Canada, Australia, or United Kingdom. While the data protection, privacy and other laws of another country might not be as comprehensive as those in your country, we take necessary and appropriate steps, including contractual, technical and organizational measures to protect the privacy and security of your Personal Data. By using the Platform or requesting services from us, you understand and consent to the collection, storage, processing, and transfer of your Personal Data to our facilities in the United States and those third parties with whom we share it as described in this Policy.

When storing, hosting, or otherwise processing your information (including Personal Data), we may send such data outside of the EU and the EEA.  When we transfer information to other countries, we do so for the purposes set forth in this Policy and in accordance with applicable law.  We rely on recognized legal basis to lawfully conduct cross-border/international transfers of Personal Data outside of the EU and EEA, such as your express informed consent to do so (as noted above), when transfer is necessary for us to deliver Services pursuant to an agreement between us and you, for the conclusion or performance of a contract concluded in the interest of the data subject between the controller and another natural or legal person, or when the transfer is subject to safeguards that provide for the protection of your Personal Data, such as the European Commission’s approved Standard Contractual Clauses. 

If you have questions or wish to obtain more information about the international transfer of your Personal Data or the implemented safeguards, please contact us using the contact information below.

12.    CONTACT US

For more information, or if you have any questions regarding this Policy, wish to exercise your rights, or wish to lodge a complaint with us, you may contact us using the information below, and we will do our best to assist you.

Note that, in order to better protect the security of your Personal Data, we will seek to confirm your identity as part of our processing of any request. Under certain circumstances, we may not fulfill your request, such as where we, in our discretion, deem that your identity has not been reasonably verified or that such information is subject to legal/regulatory, internal audit, record-keeping, or other requirements or legal exceptions such that the request should not reasonably be granted (or should be granted in part). In any event, we will respond to your request within a reasonable timeframe. 

Please note, if your communication is sensitive, you may wish to contact us by postal mail or telephone.

In Writing:        Weld.com LLC

6901 Bryan Dairy Road

Suite 130

Largo, Florida 33777

By Telephone:  (727) 546-9600

By Email:         support@weld.com