LaMotte Privacy Policy

(Last Updated: January 20, 2021)

At LaMotte Company, (referred to herein as “LaMotte” “we” or “us”) we want you to know how we collect, use, share, and protect information about you.  The purpose of this Privacy Policy is to inform you, as a visitor to our websites, including www.lamotte.com, http://solutions.waterlinkconnect.com,  https://ui.waterlinkconnect.com/#/, and http://softwarecenter.lamotte.comand our mobile applications, including WaterLink Solutions HOME, WaterLink Solutions PRO, and DataMate Web applications, (collectively, our “Sites”), what kinds of information we may gather about you when you visit, how we may use that information, and whether we disclose it to anyone.  This Privacy Policy applies only to us, and not to other companies’ or organizations’ websites to which we may link.  By interacting with us through our Sites and the services we provide, you consent to the use of information that is collected or submitted as described in this Privacy Policy.
If we decide to change this Privacy Policy, the changes will be posted here so that you will always know the information we gather, how we might use that information and to whom we may disclose it.  We reserve the right, at our discretion, to change, modify, add or remove portions of this Privacy Policy at any time.  Please make sure to check this page periodically for any changes.
THE SITES ARE NOT INTENDED FOR USE BY MINORS. ACCORDINGLY, WE DO NOT REQUEST ANY INFORMATION FROM MINORS, AND MINORS ARE NOT ALLOWED TO SUBMIT INFORMATION OR UPLOAD CONTENT TO THE SITES.

What information do we collect?
We may collect Personal Information and Other Information, as defined below.

When we use the term “Personal Information” we mean information that would allow someone to identify or contact you, such as your name, e-mail address, mailing address, phone number, credit card details, and other non-public information submitted by you, or by an authorized retail or service professional on your behalf.
When we use the term “Other Information,” we mean information other than Personal Information that may be collected about you, such as your Internet Protocol (IP) address, browser type, the time of your visit, clickstream data, and the referring location (e.g., the website page that offered a link to our Sites page).  This data does not, on its own, permit direct association with a specific individual.  We may use, transfer, and disclose this Other Information for any purpose.  For example, we may record this basic information about visits to the Sites in order to understand customer behavior and improve our products, services, and advertising.   (Personal Information and Other Information, together, the “Information”).

When do we collect your Information?
We may collect your Personal Information when you voluntarily interact with our Sites or contact us, such as when you (a) access or browse our Sites, (b) create an account on our Sites; (c) submit information through our Sites to request LaMotte services; (d) transact business with us, (e) communicate with us by email, or (f) request information from us. 

Cookies
In order to offer and provide accurate, customized, and personal service, we use cookies and web beacons (also known as clear GIF technology or “action tags”) to store and help track your information, and to speed your navigation of the Sites.  We treat information collected by cookies and other technologies as Other Information. However, to the extent that Other Information is combined with Personal Information, we treat the combined information as Personal Information for the purposes of this Privacy Policy.
If for any reason you wish not to take advantage of cookies, you may have your browser not accept them, although this will disable or render unusable some essential features of our Sites and services. If you disagree with our usage of cookies, please do not visit the Sites.

How and when do we us your Information?
We use your Information, whether supplied directly by you or your authorized retail or service professional, or obtained from web server logs or cookies, in any of the following ways:

• To provide our services to you, such as making recommendations based upon your Information;
• To improve our Sites (we continually strive to improve our Sites based on the Information and feedback we receive from you); and
• To improve customer service (your Information helps us to more effectively respond to your customer service requests and support needs).

Who has access to your Personal Information?
We may disclose your Personal Information to trusted third parties who assist us in operating our Sites, conducting our business, or providing our services to you, so long as those parties agree to keep the Personal Information confidential and use it solely to perform their business functions. For example, we will disclose your credit card information to our financial service providers and banks for processing.
We may disclose or use your Personal Information if required or permitted to do so by law or if we believe that such action is necessary to: (a) conform to legal requirements or comply with legal process or any governmental request; (b) protect and defend our rights or property; (c) enforce our applicable service agreements; or (d) protect the personal safety or interests of our employees and consultants, other users of the Sites, or members of the public in urgent circumstances. We may also disclose any of your Personal Information to law enforcement or other appropriate third parties in connection with criminal investigations, investigation of fraud, infringement of intellectual property rights, or other suspected illegal activities, or as otherwise may be required by applicable law, or, as we deem necessary in our sole discretion, in order to protect our legitimate legal and business interests.
Except as set forth herein, we will not disclose your Personal Information to any third parties without your permission.  Any aggregated statistical ratings information or Other Information we may provide to prospective advertisers or partners, as noted above, will not contain any such Personal Information.

How we protect your Personal Information
We exercise great care in providing secure transmission of your Information from your computer or mobile device to our servers through the use of encryption software. Because the security of your Information is important to us, we periodically review and improve our security and privacy policies as necessary when new technology becomes available. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, while we strive to protect your Personal Information, we cannot guarantee or warrant the security of any Information you transmit to us, or to or from our online products or services.  You transmit all such Information at your own risk.
WHILE WE STRIVE TO SELECT THIRD PARTY PARTNERS WHO HAVE OR SHARE THE SAME STANDARDS REGARDING PRIVACY, YOU AGREE THAT WITH RESPECT TO THOSE THIRD PARTIES, INCLUDING WITHOUT LIMITATION THE SITES WE LINK TO, WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE SAME, NOR WILL WE BE RESPONSIBLE TO YOU OR ANYONE ELSE FOR ANY PRODUCTS, SERVICES OR OTHER MATERIAL THAT MAY BE SOLD, LICENSED, DISTRIBUTED OR PROMOTED BY SUCH THIRD PARTIES OR ON SUCH SITES, OR FOR ANY CONTENT ON SUCH SITES.  WE ENCOURAGE VISITORS OF THESE SITES TO REVIEW THE PRIVACY POLICIES POSTED ON THESE SITES.

How long do we keep your Personal Information?
We may retain your Personal Information for as long as your account is active or as needed to provide you our services, comply with our legal obligations, resolve disputes, or enforce our agreements.

Governing Law
The Sites are designed and targeted to U.S. audiences and are governed by and operated in accordance with the laws of the U.S.  We make no representation that the Sites are operated in accordance with the laws or regulations of, or governed by, other nations.  By using the Sites, you certify that you meet the age and other eligibility requirements for the Sites as set forth in our Terms of Use, as applicable.  If you do not meet the age and other eligibility requirements, if any, please immediately discontinue using the Sites.
If you are located outside of the U.S., you use the Sites at your own risk and you are responsible for compliance with any applicable local and national laws. Please be aware that any information you provide to us or we obtain as a result of your use of the Sites will be collected in the U.S. and/or transferred to the U.S. and subject to U.S. law.  By using this Sites and/or providing us with your Personal Information and Other Information, you (a) consent to the transfer and/or processing of any Information to and in the U.S., (b) acknowledge that U.S. law may provide a lower standard of protection for personal data than the laws of your location and (c) understand that we will collect, transfer, store, process and/or deal with your Information in accordance with this Privacy Policy and U.S. law. Consequently, to the full extent permitted by law, you hereby waive any claims relating to the processing of your Personal Information or Other Information in accordance with this Privacy Policy that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction.

Opting-Out
If you create an account on the Sites, we may periodically send you e-mails regarding our services or requesting your feedback or participation in surveys.  If you do not wish to receive these communications, please let us know by clicking on the “unsubscribe” link in our e-mails.  Our e-mail database is continually updated.  However, you may continue to receive e-mail communications from us for up to ten business days from the time we receive your unsubscribe request.  Please note that we can only control our own mailing list and policies.  Third party advertisers that maintain their own mailing lists may send communications that advertise our products or services; and you may need to contact those parties directly in order to stop receiving their e-mail communications.

Updating your Personal Information
Through the online account registration process, you can review, change or remove your Personal Information. We encourage you to promptly update your Personal Information if it changes. To update your Personal Information, login to the appropriate application, navigate to “Account Settings” in WaterLink Solutions PRO and WaterLink Solutions HOME, or “General Settings” in DataMate Web.  You may also contact us to remove your account information from our databases and upon your written request, we will try to accommodate your request. However, we may keep a portion of your Information as part of our historical transaction records. 

Changes to Privacy Policy
We may change our policy at any time by posting a new version of it on the Sites. We encourage you to check the Sites regularly for information about revisions to this Privacy Policy. In the event that we change our Privacy Policy, such changes will affect all of the information we collect after any such change. If you object to the change to our Privacy Policy, then you must contact us in writing regarding your objection.

Acceptance of these Terms
By using the Sites, or providing information to us, you signify your agreement to our Privacy Policy. If you do not agree with this policy, please do not use the Sites. In addition, your continued use of our Sites following the posting of changes to these terms will also signify your acceptance of those changes.

Questions and Comments
If you have any questions or comments about this Privacy Policy, you may contact us by emailing us at softwaresupport@lamotte.com.
219749824v1

 

GDPR DISCLOSURE/EEA RESIDENTS
LEGAL BASIS FOR PROCESSING YOUR PERSONAL DATA
We process your “Personal Data” (as defined in the General Data Protection Regulation) only if we have a legal basis to do so, including:

1. to comply with our legal and regulatory obligations, such as keeping our Sites safe and secure and preventing and detecting fraud and abuse;
2. for the performance of our contract with you, such as when you place an online order;
3. for our legitimate interests or those of a third party, including sending emails to you about our products, services, promotions, offers, news, and events and improving our services and Sites; or
4. where you have given consent to our specific use, such as when you sign up to receive emails about new products and sales.

YOUR RIGHTS IN RELATION TO YOUR PERSONAL DATA

LaMotte acknowledges that if you are an individual located in the EU, you have certain rights that you may exercise with respect to the Personal Data that we possess.  For example, you may:
request access to your Personal Data and certain information in relation to its processing;
request rectification of your Personal Data;
request the erasure of your Personal Data;
request the restriction of processing of your Personal Data;
object to the processing of your Personal Data.
If you contact us to exercise on of the rights enumerated above, we may need to request specific information from you to help us confirm your identity and ensure your right to exercise your rights.  We employ this security measure to ensure that your Personal Data is not disclosed to any person who lacks the right to receive it.
You also have the right to receive your Personal Data in a structured, commonly used and machine-readable format and in certain cases, to have us transmit your Personal Data to another controller.
If you want to exercise one of these rights please contact us at or write to us at softwaresupport@lamotte.com or write to us at 802 Washington Ave, Chestertown, MD 21620 PO Box 329; ATTN: Software Support. You also have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues, or, as the case may be, any other competent supervisory authority of an EU member state.

Right To Withdraw Consent
Where you have provided consent to LaMotte to collect and process your Personal Data, you may withdraw it at any time, without affecting the lawfulness of the processing that was carried out prior to withdrawing it.  To withdraw your consent, please contact softwaresupport@lamotte.com.  Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you originally consented 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.  Whenever you withdraw consent, you acknowledge and accept that this may have a negative influence on the quality of our Sites.

Fees
We reserve the right to charge a reasonable fee if your request to exercise one of your rights is unreasonable or excessive.  Alternatively, we may refuse to comply with the request in such case.

No Automated Decision Making
We do not apply automated decision making or profiling techniques.

CHANGES TO THIS GDPR DISCLOSURE

We encourage you to review our Privacy Policy not just the first time you visit our website, but periodically afterward because we may modify our Privacy Policy from time to time.  The date of the last update of the Privacy Policy will always be posted below. If we make any substantive changes to our Privacy Policy, including this GDPR Disclosure, in the future with regard to how we use your Personal Data, we will incorporate those changes here. 

RETAINING YOUR PERSONAL DATA

We retain your Personal Data only for as long as necessary for the purposes it was retained, such as to provide services to you. In some instances, we may retain data for longer periods in order to comply with applicable laws and otherwise as necessary to allow us to conduct our business.

CONTACT US

If you have any questions about this GDPR Disclosure or the security of your Personal Data on our Sites, please contact us at softwaresupport@lamotte.com