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Privacy Policy | Lobster Ink

PRIVACY POLICY

Last Modified: December 2021

 

1. Application

If you are a User that has been invited to a workspace on the Lobster Ink Platform by a Customer, then we process your personal data as a Data Processor in terms of the applicable Customer Agreement, and this privacy policy does not apply to you. If you have any questions or would like to enforce any rights that you may have under Data Protection Laws, please contact your manager or account administrator.

If you are not a User as described above, then this privacy policy does apply to you.

Please see the Glossary below for the definitions of “Customer”, “Data Processor”, “Customer Agreement”, “Lobster Ink Platform” and “User”, and some of the other terms used in this privacy policy.

 

2. General Terms

  • Purpose of this privacy policy
    Ecolab Inc., and each of its affiliates and subsidiaries including Lobster Ink, a division of Ecolab (collectively, "Ecolab", "we", or "us"), respects your privacy and is committed to protecting your personal data. This privacy policy explains how we collect and process the personal data that you provide to us through your use of the Lobster Ink website located at https://lobsterink.com/) (“Website”) and through our communications with you.

    Where we refer to “personal data” it includes “personal data” as defined in the EU’s General Data Protection Regulation 2016/679 and other definitions of personal data within the Data Protection Laws (also commonly referred to as personal information or personally identifiable information (PII)).

    We are the Data Controller which means that we are responsible for deciding how we hold and use personal data about you.

  • Contact details

    If you have any questions about this privacy policy or would like to enforce any rights that you may have under Data Protection Laws, please contact us at:

    Title: Data Privacy Officer
    Email: dataprivacy@ecolab.com
    Address: 1 Ecolab Place, St. Paul, Minnesota 55102, USA

    If you believe we are using your personal data unlawfully, please contact us in the first instance. You have the right to make a complaint at any time to the relevant supervisory authority.

  • Changes to this privacy policy and your duty to inform us of changes

    We keep this privacy policy under regular review. This version was last updated in December 2021. We reserve the right to update this privacy policy and we will provide you with a new privacy policy when we make substantial updates. 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.

  • Third-party links and service providers

    The Website and our communications may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. We encourage you to read the privacy policy of every website you visit.

3. The data we collect about you 

Personal data means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data (e.g., first name, last name, title).
  • Contact Data (e.g., phone number, email address, physical address, postal address).
  • Technical Data (e.g., internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and Website, and other technology on the devices you use to access the Website).
  • Usage Data (e.g., information about how you use the Website).
  • Marketing and Communications Data (e.g., your preferences in receiving marketing from us and your communication preferences).

We also collect, use and share “Aggregated Data” such as statistical or demographic data for other purposes including research and analysis. Aggregated Data could be derived from your personal data but is not considered personal data under Data Protection Laws as this data will 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 treat the combined data as personal data which will be used in accordance with this privacy policy.

If you fail to provide personal data:

Where we need to collect personal data by law or in order to enter into a contract with you, provide services to you, or provide you with information that you have requested from us, and you fail to provide that personal data when requested, we may not be able to enter into the contract with you, perform the services or provide the information.

 

4. How is your personal data collected? 

We use different methods to collect personal data from and about you, including through:

  • Direct interactions. You may give us your [Identity, Contact, Financial or Marketing and Communications Data] by filling in forms or by corresponding with us by email, phone or otherwise. This includes personal data you provide when you subscribe to our marketing and communications, give us feedback or contact us.

  • Automated technologies or interactions. We will automatically collect Technical and Usage Data about your equipment, browsing actions and patterns as you interact with the Website. We collect this personal data by using cookies, server logs and other similar technologies. Please see our Cookie Policy [insert link] for further details.

  • Third parties or publicly available sources. In some instances, we may collect personal information from third parties, some of which may be based outside of the EU or the country in which you are based. We will only collect personal information this way where such information is publicly available or for legitimate business purposes, for example Technical Data from analytics and search information providers such as Google.

 

5. Cookies

The Website uses cookies to distinguish you from other users. This helps us to provide you with a good experience when you browse the Website and also allows us to improve it. You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you block all cookies (including essential cookies) you may not be able to access all or parts of the Website. For more information about the cookies we use, please see our Cookie Policy.

 

6. How we use your personal data 

We will only use your personal data when the law allows us to do so. Most commonly, we will use your personal data in the following circumstances:

  • Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal obligation.
  • Where we need to perform a contract we are about to enter into or have entered into with you.
  • Where we have obtained your consent.
  • Please see the Glossary to find out more about the types of lawful basis that we will rely on to process your personal data.


Purposes for which we will use your personal data

We have set out below a description of some of the ways we may process your personal data and the lawful bases we rely on to do so. We may process your personal data on more than one lawful basis.

Purpose/Activity 

Type of data 

Lawful basis for processing including basis of legitimate interest 

Manage our relationship with you (e.g., responding to your communications, notifying you about changes to our privacy policy) 

Identity  

Contact  

Marketing and Communications 

Necessary for our legitimate interests  

Necessary to comply with a legal obligation 

Performance of a contract 

 

Provide you with information that you have requested from us  

Identity  

Contact 

Marketing and Communications 

Necessary for our legitimate interests 

Your consent 

Administer and protect our business and the Website 
(e.g., troubleshooting, data analysis, testing, system maintenance,
support, reporting and hosting of data)  
 


Identity
 

Contact 

Technical 

Necessary for our legitimate interests 

Necessary to comply with a legal obligation 

Deliver relevant Website content to you and measure or understand the effectiveness of the content we serve to you 


Identity 
 

Contact  

Technical  

Usage  

Marketing and Communications  

Necessary for our legitimate interests 

Use data analytics to improve the Website, products/services, marketing,
customer relationships and experiences
 


Technical 
 

Usage  

Necessary for our legitimate interests  

To make suggestions and recommendations to you about products 
or services that may be of interest to you
 


Identity 
 

Contact  

Technical  

Usage  

Marketing and Communications 

Necessary for our legitimate interests

 

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. We may also process your personal data without your knowledge or consent where this is required or permitted by law.

Marketing

You will receive marketing communications from us if you have requested information from us or received services from us and you have not opted out of receiving that marketing. We will not share your personal data with any third party for marketing purposes. You can withdraw your consent at any time by contacting us or by following the opt-out links on any marketing message sent to you.

 

7. Disclosures of your personal data 

We will only share your personal data for our legitimate business purposes relating to our business activities. We require all third parties to respect the security of your personal data and to treat it in accordance with Data Protection Laws. We do not allow our third party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions. Examples of third parties with whom we may share your personal data include:

  • Technology companies that provide us with desktop and cloud-based products and services (e.g., Umbraco, Salesforce, Mandrill).
  • Professional advisers such as law firms, banks and accounting firms.
  • Regulators and other governmental authorities.

International transfers

When we share your personal data within the Ecolab group or with certain third party service providers, we may transfer it internationally, outside of the EU or the country in which you are based. Whenever we transfer your personal data internationally we ensure a similar and adequate degree of protection is afforded to it by ensuring safeguards are implemented, for example:

We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data (for example, by the European Commission).

Where we use certain service providers, we may enter into specific contracts with them which give personal data the necessary level of protection.

Please contact us if you want further information on how we transfer your personal data internationally.

 

8. Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, falsified, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, contractors and other third parties who have a business need to know. We have put in place 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.

 

9. Data Retention

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your 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 regulatory, tax, accounting or other requirements. In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

 

10. Your Legal Rights

Under certain circumstances, you have specific rights in respect of the personal data that we process about you. Your rights include those listed below.

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected.

Request erasure of your personal data. This enables you to ask us to delete your personal data, but only in specific circumstances, for example where the personal data is no longer necessary in relation to the purpose for which it was originally collected or processed. It may not always be possible for us to delete all of the information we hold about you if you request this, for example if we have an ongoing contractual relationship with you.

Object to processing of your personal data, where we are relying on a legitimate interest (or those of a third party). In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in specific circumstances, for example while we are reviewing the accuracy or completeness of data or deciding whether any request for erasure is valid.

Request the transfer of your personal data. The right to data portability means you have the right to receive, move, copy or transfer your personal data to another Data Controller, when we are processing your personal data based on consent or on a contract and the processing is carried out by automated means.

Withdraw consent at any time where we are processing your personal data based on consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us.

 

11. General

Automated decision-making. You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you. We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.  

No fee usually required. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances. 

What we may need from you. We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. 

Time limit to respond. We try to respond to all legitimate requests as soon as is reasonably practicable and in any event within the statutory time-limits. It could take us longer 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.  

 

12. Glossary

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

Consent means when an individual gives consent which is freely given, specific, informed and is an unambiguous indication of their wishes. It is done by a statement or by a clear positive action in respect of the processing of any personal data relating to them.

Criminal Convictions Data means personal data relating to criminal convictions and offences and includes personal data relating to criminal allegations and proceedings.

Customer means an organization that has entered into a Customer Agreement with us.

Customer Agreement means our Customer Terms of Service [insert link] together with any other contracts that Customer has entered into with Ecolab in respect of the purchase of goods or services from Ecolab (including those provided by Lobster Ink).

Data Controller means an organisation that determines when, why and how to process personal data. It is responsible for establishing practices and policies in line with Data Protection Laws.

Data Processor means an organisation that processes personal data on behalf of a Data Controller. It is also responsible for establishing practices and policies in line with Data Protection Laws and its contractual obligations with Data Controllers.

Data Protection Laws means the European Union’s General Data Protection Regulation 2016/679 and other data protection or privacy laws applicable to you and/or Ecolab.

Legitimate interest means the interest of our business in conducting and managing our business. 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.

Lobster Ink Platform means the Lobster Ink software and/or content as a service which is hosted by us or our hosting providers and which is accessed by Customers and their Users via the internet.

Processing or process means any activity that involves the use of personal data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transmitting or transferring personal data to third parties.

User(s) means the individuals that Customer has invited to its workspace on the Lobster Ink Platform.