Disclosures

Introduction

Fres-co System USA, Inc. (“Fres-co” or “we”) respects your privacy and is committed to protecting your privacy as set forth this Privacy Policy (“Policy”).

This Policy describes the types of information and data we may collect from you or that you may provide when you visit the Fres-co website https://www.fresco.com/ (“Website”), and Fres-co’s practices for collecting, using, maintaining, protecting, and disclosing that information and data.

This Policy applies to information and data we collect:

• On the Website.
• In email, text, and other electronic communication between you and the Website.
• When you interact with Fres-co applications on third-party websites, if those applications include links to this Policy.

This Policy does not apply to information and data collected by:

• Fres-co offline or through any other means, including on any other website operated by Fres-co or any third party (including Fres-co affiliates); or
• any third party (including Fres-co affiliates), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this Policy carefully to understand Fres-co’s policies and practices regarding your information and data and how we will treat it.  If you do not agree with Fres-co’s policies and practices, your choice is not to use the Website.  By accessing or using the Website, you agree to this Policy.  This Policy may change from time to time (see Changes to this Privacy Policy).  Your continued use of the Website after we make changes is deemed to be acceptance of those changes, so please check this Policy periodically for updates.

Information and Data We Collect About You and How We Collect It

We collect several types of information and data from and about users of the Website, including information and data:

• by which you may be personally identified, including your name, title, company name, postal address, email address, telephone number, and fax number; and
• about your internet connection, the equipment you use to access the Website, and your usage details (collectively, “Personal Information”).

We collect this information and data:

• Directly from you when you provide it to Fres-co.
• Automatically as you navigate through the Website. Information and data collected automatically is not used to identify any specific user or track a specific user’s behavior on the Website, but may include usage details, Internet Protocol (IP) addresses, and information and data collected through cookies.

Information and Data You Provide to Us

The information and data we collect on or through the Website may include:

• Information and data that you provide by filling in forms on the Website. This includes information and data provided when requesting information concerning Fres-co equipment, products or services and when you report a problem with the Website.
• Records and copies of your correspondence (including email addresses), if you contact Fres-co.
• Your search queries on the Website.

If you disclose any Personal Information relating to other persons or entities to Fres-co or to any Fres-co third party service providers in connection with your use of the Website, you represent that you have the authority to do so and to permit Fres-co to use the information and data in accordance with this Policy.

Information and Data We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with the Website, we may use automatic data collection technologies to collect certain information and data about your equipment, browsing actions, and patterns, including:

• Details of your visits to the Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
• Information and data about your computer and Internet connection, including your IP address, operating system, and browser type.

The information and data we collect automatically may include Personal Information or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties.  It helps Fres-co to improve the Website and to deliver a better and more personalized service, including by enabling Fres-co to:

• Estimate the audience size and usage patterns.
• Store information about your preferences, allowing Fres-co to customize the Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to the Website.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer.  You may refuse to accept browser cookies by activating the appropriate setting on your browser.  If, however, you select this setting you may be unable to access certain parts of the Website.  Unless you have adjusted your browser setting so that it will refuse cookies, the system will issue cookies when you direct your browser to the Website.
• Flash Cookies. Certain features of the Website may use local stored objects (or flash cookies) to collect and store information and data about your preferences and navigation to, from, and on the Website.  Flash cookies are not managed by the same browser settings as are used for browser cookies.

How We Use Your Information and Data

Fres-co does not sell, trade, or rent your Personal Information to others.  We may provide aggregated statistical data to reputable third-party vendors, but this data will not include Personal Information.  We may, however, use your information in one or more of the following ways:

To provide the information, equipment, products or services you requested:  This may include sending you electronic newsletters, reminders, confirmation notifications, or enabling you to comment on a webpage.  We may also use your information for any other purpose expressly disclosed by Fres-co when you provide the information.

To communicate with you:  We use your information and data to send you customer service, equipment, product or transactional emails.  These may include communications regarding the status of a job posting, replies to your email or phone inquiries, emails containing resources you requested, or purchase confirmations.  We may also use your information to send you samples, materials and additional equipment and product information.

To conduct statistical analysis of the Website:  The information and data we collect is used to analyze and ultimately improve the Website to better serve the users of the Website.

To support Fres-co equipment, products and services:  We may employ contractors, service providers, and other third parties to support Fres-co’s business, who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.

Other uses with your consent:  There may be other instances not included here where we may use or collect your information and data.  Such instances will only be at your direction or with your consent.

We may also use your information and data to contact you about equipment, products and services that may be of interest to you.  If you do not want us to use this information in this way, please check “unsubscribe” on any Fres-co mailings or contact Ileana Tovaglieri at itovaglieri@fresco.com.

Disclosure of Your Information and Data

We may disclose aggregated information and data about users of the Website, and information that does not identify any individual, without restriction.

We may disclose Personal Information that we collect or you provide as described in this Policy:

• To Fres-co affiliates.
• To contractors, service providers, and other third parties Fres-co use to support its business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.
• To a third party if Fres-co or any Fres-co affiliates are involved in a corporate restructuring.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by Fres-co when you provide the information and data.
• With your consent.

We may also be bound to disclose your Personal Information to authorities and other third parties in circumstances where we believe, in good faith, that doing so is necessary or appropriate:  to satisfy any applicable law, regulation, legal process or governmental request; to detect, prevent or otherwise address fraud, security, or technical issues; or to protect the rights and safety Fres-co and the rights and safety of users of the Website.

Choices about How We Use and Disclose Your Information and Data

We strive to provide you with choices regarding the Personal Information you provide to us.  We have created mechanisms to provide you with the following control over your information and data:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.  To learn how you can manage your flash cookie settings, visit the flash player settings page on Adobe’s website.  If you disable or refuse cookies, please note that some parts of the Website may then be inaccessible or not function properly.
• Promotional Offers from Fres-co. If you do not wish to have your contact information used by Fres-co to promote Fres-co’s own or third parties’ equipment, products or services or to opt out of Fres-co’s mailing list, you may do so by sending Fres-co an email stating your request to Ileana Tovaglieri at itovaglieri@fresco.com.  If we have sent you a promotional email, you may send Fres-co a return email asking to be omitted from future email distributions.  This opt out does not apply to information and data provided to Fres-co as a result of a product or equipment purchase, warranty registration, product or equipment service experience, or other transactions.

Accessing and Correcting Your Information and Data

You can update your Personal Information by sending an email to Ileana Tovaglieri at itovaglieri@fresco.com to request access to, correct, or delete any Personal Information that you have provided to us.  We may not accommodate a request to change information or data if we believe the change would violate any law or legal requirement or cause the information or data to be incorrect.

Data Security

Fres-co has put in place appropriate organizational, technical and physical safeguards designed to maintain data security and secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure.  We work to protect the security of your information notably during transmission, using HTTPS to encrypt any data you provide via the Website.  Please keep in mind that no manner of data storage or transmission is completely secure and any transmission of Personal Information is at your own risk.  We are not responsible for circumvention of any privacy settings or security measures contained on the Website.  It is also important for you to protect your data, especially to prevent unauthorized access to your password and to your computer.  Where we have given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential.  We ask you not to share your password with anyone.

Data Protection Rights Under General Data Protection Regulation (GDPR)

Fres-co is headquartered in the USA.  If you are a resident of the European Union (“EU”), a European Economic Area (“EAA”) member state, or Switzerland, you have certain data protection rights under the GDPR, including:

• The right to access, update or to delete the information we have on you. You have the right to request to access, to update or request deletion of your Personal Information in Fres-co’s possession.  If you would like exercise this right, please contact Fres-co to assist you.
• The right of rectification. If you believe that your Personal Information that we possess is, or has become, incorrect or is incomplete, you have the right request to rectify any of the Personal Information we may have about you.
• The right to object. You have the right to object to Fres-co processing of your Personal Information.
• The right of restriction. You have the right to request that we restrict the processing of your Personal Information.
• The right to data portability. You have the right to be provided with a copy of the information Fres-co has on you in a structured, machine-readable and commonly used format.
• The right to withdraw consent. You also have the right to withdraw your consent at any time, where Fres-co relied on your consent to process your Personal Information, without affecting the lawfulness of Fres-co’s processing based on consent before its withdrawal.

Please note that we may ask you to verify your identity before responding to any of the above requests and that the above individual rights are not absolute.  Fres-co may be entitled to refuse requests where certain exceptions apply.  If you have given your consent and you wish to withdraw it, please contact us using the contact details provided at the end of this Policy.  Please note that where processing of your Personal Information relies on your consent and where you then withdraw that consent, we may not be able to provide all or some aspects of Fres-co’s equipment, products or services to you, or it may affect the provision of such equipment, products or services.

If you believe that Fres-co has not complied with applicable foreign laws regulating such information, you should first contact Fres-co using the contact details provided at the end of this Policy.  You also have the right to file a complaint with the appropriate supervisory authority in the EEA about Fres-co’s collection and use of your Personal Information.  For more information, please contact your local data protection authority in the EAA.  You may also contact Fres-co to be directed to the relevant authorities.

Data Privacy Requirements for California Residents

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business with whom the California resident has an established business relationship certain information with respect to the types of Personal Information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year.

How We Retain Your Data

Fres-co will retain your Personal Information only for as long as is necessary for the purposes set out in this Policy.  We will retain and use your Personal Information to the extent necessary to comply with Fres-co’s legal obligations (for example, if we are required to retain your information or data to comply with applicable laws), resolve disputes, and enforce legal agreements and policies.

Fres-co may also retain usage information or data for internal analysis purposes.  Usage information or data is generally retained for a shorter period of time, except when this information or data is used to strengthen the security or to improve the functionality of the Website, or we are legally obligated to retain this information or data for longer time periods.

We may also choose to anonymize certain of the information and data provided to Fres-co so that it can no longer be attributed to a user if we would like to retain it for longer periods of time.

External Websites

Some hyperlinks and images on the Website may link to third-party websites.  You should be aware that these third-party websites are not controlled by Fres-co and are not subject to this Policy.  You should check the privacy policies of these individual sites to see how your Personal Information will be collected and used.

Children Under the Age of 13

The Website is not intended for children under 13 years of age.  No one under 13 years of age may provide any information to or on the Website.  We do not knowingly collect Personal Information from children under 13 years of age.  If you are under 13 years of age, do not use or provide any information on this Website or on or through any of its features.  If we learn we have collected or received Personal Information from a child under 13 years of age without verification of parental consent, we will delete that information.  If you believe we might have any information from or about a child under 13 years of age, please contact please contact Ileana Tovaglieri at itovaglieri@fresco.com.

Changes to this Privacy Policy

It is Fres-co’s policy to post any changes we make to this Policy on this page.  If we make material changes to how we treat the Personal Information of users of the Website, we will notify you by email to the primary email address specified in your account.  The date this Policy was last revised is identified at the top of the page.  You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Website and this Policy to check for any changes.

Contact Information

To ask questions or comment about this Policy and Fres-co’s privacy practices, contact Fres-co at: Ileana Tovaglieri itovaglieri@fresco.com.