This Privacy Statement is effective as of August 31st, 2020.
Whelen Engineering, Inc (“Whelen”, “we”, “us” or “our”) is committed to respecting the privacy of our clients and users. This Privacy Statement describes how our websites, services and products operate, and how we collect, use, and share Personal Information, as defined herein.
This Privacy Statement (hereinafter the “Statement” or “Privacy Statement”) applies to https://www.whelen.com and Whelen websites, services and products that collect Personal Information, link to this Statement, and that are owned and operated by Whelen and Whelen subsidiaries, collectively, “Whelen”.
For the purposes of the General Data Protection Regulation 2016/679 (the “GDPR”) and other laws globally, Whelen and the Whelen subsidiary in the jurisdiction where your Personal Information is collected are responsible for your Personal Information (both acting as “data controllers”). For more information about the Whelen subsidiary acting as a data controller, ask your Whelen contact or contact us as described in the Contact Us section below.
Whelen websites, services and products are referred to in this Statement as “Sites”. The Privacy Statement does not apply to Whelen Sites that do not display or link to this Statement or that have their own privacy statements.
The following topics are presented in this Privacy Statement:
- Personal Information Provided by Site Users
- Collecting Other Information
- Using Personal Information
- Retaining Personal Information
- Sharing Personal Information
- Protecting Personal Information
- Cross Border Data Transfer
- Visiting Non-Whelen Websites
- Country-Specific Requirements
- Your Rights
- Changes to this Privacy Statement
- Contact Us
- Personal Information Provided by Site Users
In order to provide you with access to certain services or data within our Sites, we may require that you provide certain Personal Information. The term “Personal Information” as used in this Statement shall mean any information that identifies an individual either alone or in combination with other data, by reference to an identifier such as name, identification number, online identifier or one or more factors specific to that individual.
Whelen also collects non-identifying information that does not, on its own, identify an individual person. When non-identifying information is combined with other information so that it does identify an individual person, we treat that combination as Personal Information.
The following are examples of the types of Personal Information that may be collected directly from you (or someone acting on your behalf):
- Contact information (including Name, Street Address, Email Address, Telephone Number);
- Government issued IDs (such as tax identification number);
- Financial information (including credit/debit card and account information, credit and repayment history, and payment default information); and
- Geolocation, demographic, shipping/receiving, billing, and other information related to the purchase or delivery of Whelen products and services or services you access through the Sites.
By accessing and utilizing our Sites, you acknowledge to have read and understood this Privacy Statement. Please note, if you elect to not share your Personal Information with us, we may be unable to provide you with certain products, services and functionalities we offer through our Sites.
- Collecting Other Information
Whelen Sites use several automatic data collection tools and techniques including cookies, clickstream, and web beacons, as further described in our Cookie Notice.
Cookies
Some of our Sites use “cookies” which are a small amount of data (often including a unique identifier), which is sent to your browser from a website and stored on your device. For further information about our use of cookies and similar technologies, please see our Cookie Notice.
IP Address
Your Internet Protocol (“IP”) address is a numerical label assigned to each device (e.g. computer, printer, mobile device, or server) and is usually associated with the place from which you enter the internet. It is how devices find each other on a network. We may use your IP address to help diagnose problems with our servers, gather broad demographic information, gather geographic data, and administer our Sites.
Tracking Requests
We do not act on, alter, or change our Site behavior upon receiving Do Not Track requests from your browser.
- Using Personal Information
We will process Personal Information for the following purposes as is necessary for the performance of a contract, including sales contracts, leases or licenses, between you and Whelen or to answer questions or take steps at your request prior to entering into a contact:
- To administer or otherwise carry out our obligations in relation to any agreement to which we are a party;
- To assist you in completing a transaction or order;
- To allow tracking of shipments;
- To prepare and process invoices;
- To respond to queries or requests and to provide services and support;
- To provide aftersales customer relationship management;
- To create and manage our customer accounts;
- To notify you about changes to our services and products; and
- To administer any promotion or competition.
We will process Personal Information for the following purposes as necessary for certain legitimate interests, or where you have given your informed consent to such processing if required by local law (such consent can be withdrawn at any time):
- To provide you information regarding our products and services;
- To offer our products and services to you in a personalized way, for example, we may provide suggestions based on your previous requests to enable you to identify suitable products and services more quickly;
- For marketing and promotions we believe you may find of interest and to provide you, or allow selected third parties to provide you, with information about products and services that may interest you; and
- To allow you to participate in contests and surveys and benefit from personalized promotional offers.
We will process Personal Information for the following purposes as necessary in our legitimate business interests, provided such interests are not overridden by your interests or fundamental rights:
- To provide for internal business administration and operations, including troubleshooting, Site customization, enhancement or development, testing, research, administration and operation of our Sites and data analytics;
- As part of our efforts to keep our Sites safe and secure;
- To monitor quality control and ensure compliance with our legal obligations, codes and ordinances, policies and procedures,
- To create products or services that may meet your needs;
- To develop and improve our products and services, for example, by reviewing visits to the Sites and various subpages, demand for specific products and services and user comments;
- To measure performance of marketing initiatives, ads, and websites “powered by” another company on Whelen’s behalf; and
- To resolve any disputes.
We may process your Personal Information in order to protect your vital interests or the vital interests of another person, or to comply with legal obligations incumbent upon us.
- Retaining Personal Information
We retain Personal Information used:
- for a reasonable period after we no longer need it for the purpose for which it was collected (or for any subsequent purpose that is compatible with the original purpose), taking into account legal requirements that apply to us as well as our legitimate interests;
- for the performance of a contract between you and Whelen or to answer questions or take steps at your request prior to entering into a contact, for the term of that contract. At the end of this period, we may keep your Personal Information in order to respond to any questions or complaints you might have, in order to protect ourselves from legal claims, for the legally permitted or prescribed period or to comply with a legal obligation for retention of documents containing your Personal Information; and
- to provide you with information about our products and services or our commercial offers, for two years from the date of your consent or of your last contact with us.
- Sharing Personal Information
We will not sell, hire out, disclose, transfer or pass on your Personal Information to third parties, except in the situations provided for in this Statement or unless you provide prior consent (which may be required under applicable law). We may share Personal Information in the following ways:
- within the Whelen family of businesses which may be in jurisdictions including Australia, Brazil, Canada, Finland, France, Germany, India, Italy, Japan, Norway, Poland, Sweden, the United Kingdom and the United States;
- with third parties that perform services for us or on our behalf;
- with our auditors, legal advisors, and similar third parties in connection with our receiving their professional services, subject to standard confidentiality obligations; or
- for marketing campaigns conducted by us or other companies or organizations that offer products or services we believe may be of interest to our clients.
Our service providers, including our affiliates, are required to keep confidential and secure the Personal Information received from us in accordance with this Privacy Statement and they may not use it for any other purpose other than for the purpose for which Whelen provided it to the service provider. When we share your Personal Information with third parties that we engage to process data on our behalf, including our affiliates, we will ensure that those third parties are contractually bound to guarantee the same levels of privacy protection and confidentiality observed by Whelen when handling your Personal Information, where required under applicable laws.
We may also make information available to third parties in the following circumstances:
- when it is required by law or to otherwise cooperate with law enforcement activity; or
- when it is necessary to protect our rights or property from fraudulent, abusive, or unlawful activity, to the extent permitted by law.
Depending upon local law, you may either opt in or opt out of having your Personal Information shared for marketing purposes. In the event you opt-in, we will use and share your Personal Information as described in this Privacy Statement. In the event you opt-out, we will share your preference with the applicable third parties as appropriate. For information on how to do this, see the Your Choices section of this Privacy Statement below.
- Protecting Personal Information
We maintain reasonable administrative, technical and physical safeguards to protect the Personal Information we collect and process.
- Cross Border Data Transfer
Whelen and its wholly-owned U.S. subsidiaries that receive Personal Information from countries outside of the United States adhere to applicable law and regulations regarding client and partner Personal Information moving across geographical and jurisdictional borders. This includes the use of data transfer agreements and model contractual clauses, where available, between our corporate entities, our partners and our clients where required.
Additional information may be found under the Country-Specific Requirements section for the geographies you are located in.
- Visiting Non-Whelen Websites
Our Sites may contain links to other websites that operate independently from Whelen. Linked websites may have their own privacy statements or notices. If you visit any linked websites, we strongly suggest you review their privacy statement. Any information you provide when you visit a nonaffiliated Whelen website is subject to the privacy statements posted on those websites. We are not responsible for the content of any websites that are not affiliated with or owned by Whelen, any use of those websites, or the privacy practices of those websites.
We may also provide social media features on our Sites that enable you to share Whelen information with your social networks and to interact with Whelen on various social media sites. Your use of these features may result in the collection or sharing of information about you, depending on the feature. We encourage you to review the privacy statements or notices and settings on the social media sites with which you interact to make sure you understand the information that could be shared by those sites. You may elect to not use Whelen’s social media features and/or adjust your personal settings and preferences to protect your privacy.
- Country-Specific Requirements
Whelen is a global corporation with subsidiary companies located around the world. This Privacy Statement establishes our global principles (to the extent the law permits and/or requires) for the collection, use and disclosure of information gathered through our Sites. The country in which you are doing business with us or where the Site you are visiting is located or hosted may have specific requirements concerning Personal Information and may be found below.
Australia
We are subject to the operation of the Privacy Act 1988 (Cth) (“Australian Privacy Act”) in respect of Personal Information collected, used and disclosed in Australia, and will handle such Personal Information in accordance with this Statement so as to ensure we meet our obligations under the Australian Privacy Act. Our subsidiary company in Australia is Whelen Engineering Australia Pty Ltd (ABN 74 618 869 355).
Cross Border Data Transfer
With respect to Personal Information received from Australia, your Personal Information may be disclosed to entities located in the U.S., U.K., or any other country necessary to fulfill the purposes outlined in this Privacy Statement and we will adhere to applicable law and regulations regarding your Personal Information. As stated above, this includes the use of data transfer agreements and model contractual clauses, where available, between our corporate entities, our partners and our clients where required.
It is not practicable for us to specify in advance the location of every third party or affiliate with whom we deal. It is possible that Personal Information will be transferred to a jurisdiction where you will not be able to seek redress under the Australian Privacy Act and that does not have an equivalent level of data protection as Australia. By providing your Personal Information to us, you consent to our disclosure of your information to these parties. If you have any concerns regarding the transfer of your Personal Information overseas please contact us as described in the Contact Us section below.
Canada
Your Personal Information may be disclosed, used or stored by us or our service providers, marketing partners, and our corporate affiliates located in the U.S., U.K., or any other country necessary to fulfill the purposes outlined in this Privacy Statement and we will adhere to applicable laws and regulations regarding your Personal Information. As stated above, this includes the use of data transfer agreements and model contractual clauses, where available, between our corporate entities, our partners and our clients where required. When Personal Information is located outside of Canada it will be subject to legal requirements in those foreign countries. For example, information that is processed, used, stored or accessed in the United States may be subject to the Patriot Act and applicable anti-terrorism legislation, together with other legislation applicable within the United States, which gives government entities access to Personal Information processed, used, stored or accessed in the United States.
Europe
Transferring Personal Information to Other Countries
Specifically, if you are in the European Economic Area (“EEA”), the data that we collect from you may be transferred to, and stored at, a location outside the EEA. It may also be processed by staff operating outside the EEA who work for us or one of our service providers. Such staff maybe engaged in, among other things, the fulfillment of your order, the processing of your payment details and the provision of support services. By submitting your Personal Information, you acknowledge and agree to this transfer, storing or processing of your Personal Information at locations outside the EEA. We will protect all Personal Information transferred outside the EEA in accordance with this Privacy Statement or as required by applicable law.
Latin America
Whelen is a global corporation with business units and subsidiary companies located around the world and is responsible for the processing of your Personal Information and its protection. This Privacy Statement establishes Whelen’s global principles for the collection, use and disclosure of information gathered through our Sites.
Where required by applicable law, we will take appropriate measures to ensure adequate protection of your Personal Information when transferred internationally and, if necessary, seek your prior consent. Such measures may include use of data transfer agreements.
India
Whelen may transfer Personal Information within and across national borders. Any such transfer will occur on the basis of any consent you have provided. Whelen takes steps to ensure that your Personal Information is protected when transferred to these other entities, and to ensure that such entities comply with applicable laws. These third parties have contracted with us to only use Personal Information for the agreed upon purpose, and not to sell or transfer your Personal Information to other third parties, and not to disclose it to third parties except as may be required by law.
Personal Information may be disclosed to Government agencies, without your consent, if we are required to do so because of an applicable law, court order or governmental regulation, or if such disclosure is otherwise necessary in support of any criminal or other legal investigation or proceeding here or abroad.
Japan
Whelen may transfer Personal Information within and across national borders. Where required by applicable law, we will take appropriate measures to ensure adequate protection of your Personal Information when transferred internationally and, if necessary, seek your prior consent. Such measures may include use of data transfer agreements.
United States
Your California Privacy Rights – Shine the Light Law
California residents are legally entitled (at no charge and no more than once per year) to request information about how we may have shared your information with others for direct marketing purposes. To obtain this information or make changes to your Personal Information, please refer to the instructions provided in the Contact Us section below.
California Consumer Privacy Act Rights
As of January 1, 2020 verified California residents have the right:
- To request and receive disclosure of our Personal Information collection practices during the prior twelve (12) months, including the categories of Personal Information we collect, the categories of sources of such information, our business purpose for collecting or sharing such information, and the categories of third parties with whom we share such information.
- To request and receive a copy of the Personal Information we have collected about them during the prior twelve (12) months.
- To request and receive disclosure of our information sale practices during the prior twelve (12) months, including a list of the categories of Personal Information sold and the categories of third party recipients and a list of the categories of Personal Information that we disclosed for a business purpose and the categories of third party recipients.
- To request that we not sell Personal Information about them.
- To request that we delete (and direct our service providers to delete) their Personal Information subject to certain exceptions.
In order to make a request for disclosure, please follow .
We will ask you for information that allows us to reasonably verify your identity (that you are the person about whom we collected Personal Information) and will use that information only for that purpose. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity and confirm that the Personal Information relates to you.
You may make a request up to twice within a twelve (12) month period. Upon receiving a request to know or a request to delete, we shall confirm receipt of the request within 10 business days and provide information about how the we will process the request. We will endeavor to respond within forty-five (45) days of receipt of your request, but if we require more time (up to an additional forty-five (45) days) we will notify you of our need for additional time.
For requests for a copy of the Personal Information we have collected during the twelve (12) months prior to your request, we will endeavor to provide the information in a format that is readily useable, including by mailing you a paper copy or providing an electronic copy to your registered account, if you have registered an account with us.
We will not discriminate against you as a result of your exercise of any of these rights.
If you are over the age of sixteen (16) and would like to instruct us not to sell your Personal Information, please visit our Do-Not-Sell page. We do not sell Personal Information of individuals we actually know are less than sixteen (16) years of age. Once we receive your Do-Not-Sell request we will wait at least twelve (12) months before asking you to reauthorize Personal Information sales.
- Your Rights
- Marketing
If you are a Whelen customer, you will continue to receive transactional communications about your account and the Whelen products and services which you own, lease, rent, license or to which you subscribe. In some jurisdictions, you may have to opt-in to receive any additional marketing communications from us. If you wish to opt out of receiving marketing communications from Whelen, you may do so by (i) following the instructions provided in our marketing communications, or (ii) indicating your preferences on the relevant account profile/preferences section (such as the Email Preference Center), or (iii) referring to the instructions provided in the Contact Us section below.
- Data Collection Settings
Some of our products and services contain settings that allow users or administrators to control how the products collect information. If you wish to request changes to your Personal Information, you may do so by (i) indicating your preferences on the relevant account profile/preferences section (such as Your Account), or (iii) referring to the instructions provided in the Contact Us section below. Please note, by electing to not share certain Personal Information with us, we may be unable to provide you with all of the functionality we offer through our Sites.
- Your Rights
In certain circumstances, and subject to applicable laws, for example if you are an EU resident, you may have the following rights in relation to your Personal Information:
- Request access to your Personal Information. You may have the right to request confirmation from us as to whether we process your Personal Information and to request access to any Personal Information we hold about you as well as related data, including the purposes for processing the Personal Information, the recipients or categories of recipients with whom the Personal Information has been shared, where possible, the period for which the Personal Information will be stored, the source of the Personal Information, and the existence of any automated decision making.
- Request correction of your Personal Information. You may have the right to obtain without undue delay the rectification of any inaccurate Personal Information we hold about you. To the extent required by applicable laws, any correction requirements will be communicated to each recipient of your Personal Information.
- Request erasure of your Personal Information. You may have the right to request that Personal Information held about you is deleted. To the extent required by applicable laws, any erasure requirements will be communicated to each recipient of your Personal Information.
- Request restriction of processing your Personal Information. You may have the right to prevent or restrict processing of your Personal Information. To the extent required by applicable laws, any restriction of processing requirements will be communicated to each recipient of your Personal Information.
- Request transfer of your Personal Information. You may have the right to request transfer of your Personal Information directly to a third party where this is technically feasible.
- Right to object. You may have the right to object to the processing of your Personal Information when you have legitimate reasons to do so.
- Right to withdraw consent. Where processing is based on consent, you may have the right to withdraw such consent. In some cases, if you withdraw your consent to use of your Personal Information, we may not be in a position to continue to provide our services or products to you.
- Exercising Your Rights
We may ask you to verify your identity before we can act on your request. Please note that we may reject requests, or limit the information we provide access to, if we determine it could risk the privacy of others or if unreasonable or repetitive, or if it would require disproportionate effort. As permitted by law, we may charge a reasonable fee for providing access to Personal Information, but we do not charge for lodging a request for access. If you would like to make a request please follow the instructions in the Contact Us section below.
- Right to Complain
If you have any complaints about the way Whelen collects, uses and/or processes your Personal Information, you may have the right to file a complaint with an authority responsible for data protection in your country. For example, if you are a resident of:
- The EU, you have the right to file a complaint with an EU Supervisory Authority.
- Australia, we suggest you contact the Office of the Australian Information Commissioner for guidance on alternative courses of action which may be available to you.
- Changes to this Privacy Statement
Whelen may change this Privacy Statement from time to time at its discretion. We will indicate at the top of the Privacy Statement when it was most recently updated. We will not use your Personal Information in ways that differ materially from this Privacy Statement without prior notice to you, and in no event will we use your Personal Information in ways prohibited by law.
- Contact Us
To opt out of marketing communications, click here to visit our Communications Preference center and you will be able to select which communications you no longer wish to receive. Please note, if you are a Whelen customer, you will continue to receive transactional communications about your account and the Whelen products and services which you own, lease, rent, and license or to which you subscribe.
If you have any questions or comments about this Privacy Statement, please contact us at:
Data Protection
c/o Whelen Engineering, Inc
51 Winthrop Road
Chester, CT USA 06412
Email: privacy@whelen.com
If you have any questions or concerns about this Privacy Statement, please contact us at privacy@whelen.com.
