Legal Notice
Laidig Systems, Inc. (Laidig) retains all copyrights in any text, graphic images, and software owned by Laidig and hereby authorizes you to electronically copy documents published herein solely for the purpose of transmitting or viewing the information. You may not mirror, modify or otherwise alter any files in this website for rebroadcast, or print the information contained therein, without written permission from Laidig. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Laidig copyright, patent or trademark.
Legal Notices
The information in this publication, including text, images, and links, are PROVIDED "AS IS" BY LAIDIG SOLELY AS A CONVENIENCE TO ITS CUSTOMERS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Laidig assumes no responsibility for errors or omissions in this publication or other documents which are referenced by or linked to this publication. This publication could include technical or other inaccuracies, and not all products or services referenced herein are available in all areas. Changes are periodically added to the information, and Laidig may change the products or services described in this publication at any time. Contact Laidig for further information before relying on any information contained herein.
Should you choose to respond directly to Laidig with comments, questions, suggestions, ideas or the like relating to this Web Site or Laidig products and services, you agree that such information shall be deemed as non-confidential and Laidig shall have no obligation to respond and be free to reproduce, use, disclose and distribute the information to others without limitation, including but not limited to developing, manufacturing, and marketing products incorporating such information.
Legal Documents
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Privacy Notice for Laidig Systems, Inc. (Laidig)
Last Revised: January 02, 2024
This privacy notice describes how Laidig collect(s), share(s), and process(es) the personal information through Laidig.com; this notice is consistent with the Laidig Data Privacy Statement and provides additional details relevant to this website. The Laidig Data Privacy Statement, which should be read with, and treated as part of this notice, is available at www.laidig.com/legal.
What personal information does Laidig.com collect and process, and why?
User-Provided & Collected Information
• Laidig.com is an interactive website that provides information about Laidig and the products and services we offer. We collect information about your computer, your use of our websites, and may collect or receive user-provided personal information as you interact with us to optimize your user experience or address your request. Examples of how your information may be used (but not limited to) include the delivery of marketing communications or promotional materials, improvements to the website, products, and services we provide, and detecting, preventing, and responding to misuse of the website (i.e., fraud, violation of law, etc.).
Personal information is any information about a specific individual or that identifies or may identify a specific individual. Some additional information we may collect includes contact and relationship or role information.
• Contact information allows us to interact and communicate with you.
• Relationship or role information helps us understand who you are and what you are seeking to properly fulfill your request.
We may share personal information with our affiliated companies, suppliers, dealers, and business partners which may use it for the purposes listed above.
Users are advised that information provided may be cross-referenced with other information you have provided to us. For example, if you provide your contact information, we may be able to provide additional information on products you own and services you use. Information provided may also be used to locate and contact users on social media platforms. We may also analyze the information you provide to us to gain insights related to the purposes listed above.
Laidig.com may directly authenticate or connect a user to an authenticated (or logged in) experience based on the user’s digital activity or data inputted by the user. An authenticated experience occurs when a set of log-in credentials are obtained from the users and will allow for additional access and experiences not allotted to non-authenticated users. In these circumstances, an anonymous user is not acceptable or allowed. Common authenticated users include Laidig personnel, customers, & affiliates. In an authenticated experience, we collect the information discussed in the section above, which will now be tied to an authenticated account profile and additional information associated with the account profile. In the event the user provides personal information on behalf of another individual, the user should ensure proper consent is obtained from the individual. Examples of how this information may be used (but not limited to) include requesting, accessing, and managing Laidig systems, services, or programs.
Some additional personal information we may collect includes personal preferences and authenticated account information.
• Personal Preferences allows us to provide an experience adjusted to the way you prefer to ingest content.
• Authenticated Account Information is an identity profile that is requested or created by the user and collected by Laidig to ensure you are an authorized user.
Do Not Track Signals
At this time, this website does not respond to “Do Not Track” signals that may be sent by your browser. We may revisit this as standards develop on how such signals should be interpreted and applied.
Cookies
Cookies and other tracking technologies, in general, are used to improve website and application efficiency, enable better processing of information, and for various other reasons. To learn more about this site’s usage of cookies, select the “Cookie Settings” link in the footer of the site.
Third Party Integration, Services, and Tracking
We link to third party solutions that enable third-party companies to collect certain information when you visit this Site. These companies use non-personally-identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, hardware/software information, cookie and session ID) and information that may allow for identifying you (e.g., static IP address) during your visits to this Site and other websites in order to provide advertisements for products likely to be of greater interest to you or advertising-related services, such as ad delivery, reporting, attribution, analytics, and market research. These third parties typically use a cookie, pixel tag, web beacon or other similar tracking technologies to collect this information. For example, in the course of visiting our site, these third parties may place or recognize a unique cookie on your browser in order to collect certain information about you and your interest in our Products and could be used to show you ads on other websites based on your interests. This information may also be used to relate devices
which belong to the same user (based on user behavior or other information collected) or re-identified to an individual user (e.g. an email address). More information on these is available in our Cookie Disclosure. This includes:
• Google’s Google Analytics - Google Analytics is a third-party analytics service. We use Google Analytics to collect information about the use of this Site. Google Analytics collects information on visitor behavior on this Site such as how often users visit this Site, what pages they view when they do so, and what other websites they used prior to coming to this Site. We use the information we get from Google Analytics to analyze user behavior, improve Site performance, personalize the user experience, and analyze the effectiveness of our marketing campaigns. Google Analytics collects only the IP address assigned to you on the date you visit this site, rather than your name or other identifying information. Google Analytics anonymizes the IP address before it is stored. We do not receive the non-anonymized IP address. We may combine the Google Analytics data with first and third-party data information which may include personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. To learn more about how Google collects and uses data, visit https://policies.google.com/privacy/partners. For opt-out options specific to Google Analytics, please visit https://tools.google.com/dlpage/gaoptout.
Website Linkages
As users explore Laidig.com, they may encounter linkages to other Laidig and non-Laidig websites. Users are advised that as links are selected, they may encounter different features and experiences that may have different privacy notices and processes not associated with Laidig.com.
Where can I obtain further information about this website and its privacy practices?
For additional information about Laidig’s privacy practices, including corporate contact information, please see the Laidig Data Privacy Statement at Laidig.com.
What happens if this privacy notice changes?
We reserve the right to amend this privacy notice. If we update or change this privacy notice, the changes will be made on this page. Your use of the Website following the posting of changes to this privacy notice will demonstrate your acceptance of those changes.
Data Governance Statement
Last Updated: January 02, 2024
This Data Governance Statement describes the practices of Laidig for collecting information from distribution networks (including dealers and their related entities, “Laidig Subsidiaries”), each of our and their customers relating to machines, products or other assets and their associated worksites (collectively “Assets”). We collect this information through online and offline means including: (1) applications and platforms for use on or through computers, APIs, and mobile devices; (2) telematics or other devices on Assets, whether manufactured by Laidig or by other companies (“Devices” and, together with the Applications, “Digital Offerings”); and (3) our Laidig Subsidiaries, component manufacturers, service providers, and customers. As used in this Data Governance Statement, “you” means you individually and, as applicable, the company or entity you represent and each of its employees, agents and representatives.
You should regularly review this Statement carefully to understand what information our digital offerings receive, generate and transmit—and what we do with that information. By providing System Data, Operations Data, or Personal Information (each as defined below) to us, you agree to the terms and conditions of this Data Governance Statement, including our collection, use and sharing of that information.
What information we may collect?
“Personal Information” is any information about a specific individual or that identifies or may identify a specific individual, as further described in the Laidig Data Privacy Statement. While this Data Governance Statement includes references to Personal Information for purposes of clarity and transparency, the Laidig Data Privacy Statement and the privacy notice applicable to your Digital Offerings, are controlling with respect to the matters described in those documents, including the collection, use, transfer, disclosure and management of Personal Information. Nothing in this Data Governance Statement is intended to modify the Laidig Data Privacy Statement or any applicable privacy notices.
“System Data” is information that is ingested or used by or generated through Digital Offerings, which may include:
• Device, Asset and Component Information, including model number, serial number, order number, software and hardware version numbers, performance, and configuration, including work tools or other peripheral devices attached to Assets.
• Electronic Data, including sensor logs, trends, histograms, event data, other alerts, digital state data, fault codes, idle time, emissions data, service meter hours, electronic data files
downloaded manually or automatically from an Asset, troubleshooting data, and other data, depending on the customer and Asset and communication channel used by a Device. • Inspection Data, including results of inspections using a Laidig or third-party inspection system.
• Fluid Data, including analysis results of fluid samples (such as oil or hydraulic) obtained using Laidig or third-party tools.
• Event Recorder Data, including speed, direction and associated video recordings, and use of controls.
• Service and Maintenance History, including work orders (records of all maintenance, repair, parts purchases, replacement and modification to an Asset), component life (history of usage and wear life of a component), maintenance schedule, planned maintenance, warranty coverage data, maintenance and repair contracts, service intervals (scheduled interval for planned maintenance of component replacement activities for an Asset), component lists (lists of parts that make up an Asset) and service letters (describing special service actions recommended by Laidig to correct a known problem with an Asset).
• Site and Environmental Conditions, including the type of material, condition of stored material, conditions inside the storage structure, altitude, climate and material tracking.
• Patterns of Use, including any user-defined information relating to a product you provide to us through a Digital Offering.
“Operations Data” is additional information we may collect from or that is otherwise provided by Laidig Subsidiaries which may include:
• Information contained in invoices and service contracts.
• Information about customers of any Laidig Subsidiaries, including certain Personal Information relating to such customers or their dealer sales representatives.
• Work order data, including information about the customer, Asset involved, problem identified, and repairs performed
Information collected by Laidig may simultaneously constitute System Data, Personal Information, and Operations Data, or any combination thereof. If you submit any System Data, Operations Data, or Personal Information, including System Data that may relate to Devices on Assets that are not manufactured by Laidig, you represent that you have the authority to do so and to permit us to use the information in accordance with this Data Governance Statement.
How we collect information?
We may collect information in a variety of ways, including:
• Through Devices: We may receive information via cellular or satellite link, or radio or Ethernet connection from Assets equipped with a Device, which may include System Data (such as information relating to the Device or Asset) or Personal Information. Some information may be collected automatically, such as fault codes, temperatures, run times and pressure data.
• Through Applications and Online: We may collect information through Applications (e.g., when you enter maintenance information) or when you use our websites, online services or platforms. We may also receive information through other online means, such as when you initiate a data transmission through on-site servers or email inspection information to us. We may also collect information typically collected through websites and mobile applications, such as browser and device information, application usage data, information collected through cookies, pixel tags and other technologies, IP addresses and location information.
• Offline: We may collect information when you interact with us, attend a trade show where we are present, place an order or contact customer service.
• From Component Manufacturers and OEMs: We may obtain System Data from manufacturers of the components in your Assets or of Assets manufactured by others you use. This information may be provided to us automatically.
• From Asset Owners, Laidig Subsidiaries and Others: We may receive additional information from Asset owners, Laidig Subsidiaries, operators and other persons who have management responsibility for an Asset.
• From Other Sources: We may receive your information from other sources, such as public databases, joint marketing partners, social media platforms (including from people with whom you are friends or are otherwise connected) and from other third parties. We may collect or generate information from troubleshooting data, from your service providers or from maintenance, inspection or warranty records.
How we may use information?
We may, and may permit our Laidig Subsidiaries to, use collected information for the following purposes:
To Provide Services to You and Others:
• To allow you or the Laidig Subsidiaries to monitor the status of Assets, to provide you use of Applications, to complete and fulfill purchases, and to communicate with you regarding your purchase or rental and provide you with related customer service.
• To fulfill customer support agreements, perform maintenance and repairs and deliver rental Assets or parts.
• To make recommendations regarding safety, Asset health, maintenance, worksite efficiency and productivity training.
• To enhance the safety of machine operations.
• To enable remote technician services, such as remote troubleshooting, and remote tuning.
• To provide you with location-based services and content.
• To Enable Communications:
• To manage the connection to the Asset or Device.
• To allow you and other users of Applications to communicate with each other through Applications.
• To send administrative or contractual information, for example, information regarding the terms and conditions, warranty policies or service contracts.
• To provide you with information about new products and services and to send you marketing communications that we believe may be of interest to you.
For General Business Purposes:
• To conduct market research.
• To perform data analytics, audits, improving products, developing new products, enhancing, improving or modifying our offerings, identifying usage trends and operating and expanding our business activities and for statistical analysis based on aggregated and de-identified data, such as benchmarking reports.
• To provide services to customers, manage work flow, monitor repairs, project future maintenance and service, and troubleshoot issues.
• To validate effectiveness of recommendations, resolve complaints, and fulfill orders.
• To manage inventory so we can provide you parts and services.
• To maximize the efficiency of operations and increase sales.
• To develop digital applications.
• For additional uses as agreed by you and us.
With respect to audiovisual data that identifies an individual or physiological data for an identifiable individual, we will use that data only to provide products and services to our customers, including to make recommendations regarding safety, Asset health, maintenance, worksite efficiency and productivity training for operators, and to improve our products and services.
How we disclose information?
We may disclose information:
• To the entities directly or indirectly controlling, controlled by or under common control with Laidig Systems Inc. (“Affiliates”) for the purposes described in this Data Governance Statement. Laidig Systems, Inc. is the entity responsible for information jointly used with its Affiliates.
• To Laidig Subsidiaries to permit them to use System Data and Personal Information to maintain relationships with you, provide services to you and send marketing communications to you.
• To Asset owners, to permit them to manage their use of their Asset.
• To our service providers who provide services such as data analytics, information technology and related infrastructure provision, application development, platform hosting, customer service, product development, auditing, advisory and other services.
• To component manufacturers, to permit them to study the use of their products, to improve their products and to develop new products.
• To agents, service providers or other third parties contracted by or engaged in business with Asset owners, who have management responsibility for the Asset.
• To a third party in the event of reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our or any of our Affiliate’s business, Assets or stock (including in connection with any bankruptcy or similar proceedings).
• To make data available consistent with this Data Governance Statement through the Laidig Service Portal or other similar APIs.
• To additional recipients as agreed by you and us.
Location Data: We may share location information with our Affiliates and Laidig Subsidiaries to enable them to provide you with localized content and services. In some instances, you may be permitted to allow or deny such uses and/or sharing of your location, but if you do, we and/or our Affiliates and Laidig Subsidiaries may not be able to provide you with the applicable services and content.
We may use or disclose information, as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to lawful requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our Affiliates and Laidig Subsidiaries; (f) to protect our rights, privacy, safety or property, and/or that of our Laidig Subsidiaries, you or others, including for purposes of information security; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
De-identified or Aggregated Information: We may use and disclose de-identified or aggregated information (i.e., information that does not identify you or any other user of the Digital Offerings) for any purpose, except where we are required to do otherwise under applicable law.
Remote Services and Updates
As further described by Laidig personnel or in literature provided by Laidig, depending on your Interface and configuration, we may use System Data to remotely:
• Examine and update equipment that we manufacture or otherwise provide (e.g., to update system settings or to manage the communications carriers).
• Update software that controls machine operations for your Asset, and we may push the software update files to the Asset in preparation for an update.
Security
We use reasonable organizational, technical and administrative measures designed to protect information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us in accordance with the “Contacting Us” section below.
Personal Information Choices and Access
Please refer to the Laidig Data Privacy Statement and any applicable privacy notices to understand your rights and choices regarding our use and disclosure of your Personal Information.
Other Important Information
Third Party Content: This Data Governance Statement does not address, and we are not responsible for (i) the privacy, information or other practices of any third party operating any website or online service to which there is a link (e.g., our Applications may include, for your convenience, a hyperlink to local weather information provided by a third party with whom we have no business relationship) and (ii) Personal Information controlled by a third party, such as a supplier, service provider, or customer, even if such Personal Information is collected or otherwise processed by Laidig. Further, the inclusion of a link does not imply endorsement of the linked site or service.
Cross Border Transfers: Your information may be stored and processed in any country where we operate or where our service providers operate, and by using a Digital Offering or otherwise providing data to us consistent with this Data Governance Statement you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country.
Sensitive Information: Our Digital Offerings are not designed for you to send us sensitive Personal Information such as social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, or genetic characteristics, criminal background or trade union membership. We request that you refrain from sending such information on or through Digital Offerings or otherwise to us.
Updates to this Data Governance Statement
We may change this Data Governance Statement. The “LAST UPDATED” legend at the top of this page indicates when this Data Governance Statement was last revised. Any changes will become effective when we post the revised Data Governance Statement. Your use of Digital Offerings following these changes means that you accept the revised Data Governance Statement.
Contacting Us
If you have any questions about this Data Governance Statement, please contact us.
Laidig Customer Service Data Privacy Statement
Last Updated: January 02, 2024
Laidig.com recognizes and respects the privacy interest of individuals with regard to personal information provided to Laidig Customer Service activities that are consistent with the Laidig Data Privacy Principles.
How do we collect personal information?
We collect the personal information that you supply to Laidig Customer Service, through the interaction with Laidig Customer Service. We may also collect personal information from other sources, both within and outside Laidig.
Do we use electronic mechanisms such as 'Cookies'?
Laidig Customer Service does not use cookies as a means of personal information collection.
What personal information do we collect?
We may collect first name, last name, address, city, state/province, Post Code, country, email and phone number that you provide to us.
How do we use this personal information?
Personal information collected by us in connection with the Laidig Customer Service email form, is used to fulfill your request for literature or contact.
How do we safeguard personal information?
Laidig Customer Service utilizes reasonable measures to protect personal information against loss, manipulation, falsification, unauthorized access, or unauthorized disclosure by any party inside or outside Laidig. For example, this information is kept in a database which requires authorization and a password to access, which is behind a security firewall.
Will we disclose the personal information that we collect?
We may disclose your personal information when it is necessary to answer your inquiry and to fulfill the purpose of Laidig Customer Service. In any case, the disclosure of personal information is given only to those with a legitimate business reason to access the information. Notwithstanding the above disclosures, we will disclose personal information when required or permitted by law or according to relevant Corporate Policies.
How may I access my personal information?
Upon request, and after providing satisfactory proof of identity, individuals will be given access to the personal information they have provided through the submission of this form.
Laidig Customer Service retains personal information provided to us only as long as needed to fulfill your request and for necessary follow-up and otherwise as provided by law or appropriate Laidig records retention guidelines.
Your consent
By providing personal information to us, you consent to the collection and use of the personal information in accordance with the purposes described in this privacy statement. Since this service is available to individuals in a variety of global locations, you are also consenting to transferring your personal information to countries or jurisdictions that may not provide the same level of data protection as the legal jurisdiction in which you are located.
What happens if this privacy statement changes?
We reserve the right to amend this Contact Form Data Privacy Statement. If Laidig Customer Service updates or changes this privacy statement, the changes will be made on this page. Your use of the Contact Form following the posting of changes to this Contact Form Data Privacy Statement will demonstrate your acceptance of those changes.
Laidig Data Privacy Statement
When you provide Laidig with your personal information, you trust us to protect that information. Trust is the foundation of the relationships Laidig has with its employees, suppliers, dealers, customers and all others. We collect and process only personal information needed or appropriate for business purposes, and do so only by lawful and fair means. This Privacy Statement is meant to help you understand what personal data we collect, why we collect it, and what we do with it. We hope you take time to read it carefully.
Laidig Data Privacy Statement
Effective Date: May 25, 2018
Last Updated: January 02, 2024
This Privacy Statement describes how Laidig collects, stores, uses, and transfers personal information.
SECTION 1. WHAT IS THE SCOPE OF THIS DOCUMENT?
This Privacy Statement applies only when Laidig is collecting or otherwise processing personal information for Laidig’s purposes (i.e., when Laidig is a controller and therefore determines the purposes for which and the manner in which any personal information is processed). This Privacy Statement does not apply when Laidig is collecting or otherwise processing personal information on behalf of another company, such as Laidig’s suppliers and customers.
For convenience, in several sections this Privacy Statement is organized by the category of data subjects identified below. Please note that in some situations, you may not fit perfectly into any one category (for example, more than one could apply, or you might not be a customer of Laidig, yet the customer section is the most applicable). Please review all of the language that is appropriate to your relationship with Laidig. This Privacy Statement covers the personal information of individuals who are:
• Laidig candidates for employment or employees (meaning staff, personnel, and workers) or other persons currently or formerly employed to perform work for Laidig, including temporary employees (collectively, “employees”); Associated with Laidig’s customers, direct sale customers, sales representatives and other resellers (collectively, “customers”); and Associated with suppliers of Laidig, such as suppliers’ employees (temporary workers, staff, personnel, and contractors, etc.) (collectively, “suppliers”).
In this Privacy Statement, the term “processing” means any activity performed on personal information, including, for example, collecting, storing, modifying, transferring or otherwise using it. Additionally, this Privacy Statement does not apply to other information (non-Personal Information) that Laidig may
collect or otherwise process. For more information on other information that Laidig may collect or otherwise process, please see Laidig’s Data Governance Statement.
In addition to this Privacy Statement, some Laidig systems, applications, and processes may contain their own privacy notices, which provide additional details about what specific personal information is collected and how it is stored, used, and transferred.
Certain jurisdictions may prohibit or limit the collection, use or sharing of specific categories of personal information; accordingly, this Privacy Statement describing our practices may be limited by those laws and/or further clarified in any country-specific appendices applicable to you and attached to this Privacy Statement. When in conflict with this Privacy Statement, those appendices control.
SECTION 2. WHAT IS PERSONAL INFORMATION?
For purposes of this Privacy Statement, personal information is any information about a specific individual or that identifies or may identify a specific individual. In other words, it is any piece of information than can be linked to you. Certain jurisdictions may prohibit or limit the collection of specific categories of personal information. Subject to local law and any attached appendices, examples of personal information that we may collect include, but are not limited to:
• Contact Information (e.g., name, address, telephone number, emergency contact(s) information);
• Social Security Number or other national/taxpayer identification numbers;
• Identification and Verification Information (e.g., photographs, driver’s license, passport, other proofs of identity);
• Information Security Data (e.g., communications created, stored or transmitted by a person using Laidig’s information technology or communications equipment);
• Information to fulfill items such as, but not limited to, communications, contracts, purchase orders, payments, and receivables; and
• Other information required to comply with applicable laws, including valid search warrants, subpoenas, or court orders.
Different categories of persons may be subject to additional collection of personal information, including but not limited to:
Customers:
• Business Contact Information (e.g., company name, address, telephone number);
• Individual Representative Contact Information: (e.g., name, address, telephone number, email address);
• Billing Information (e.g., financial account data, invoices, receipts);
• Client Relationship Management Information (e.g., information necessary to populate a customer’s profile or to facilitate marketing automation);
• Repair Information (e.g., repair needs and status);
• Warranty Information (e.g., purchase history, extended warranties); and
• Customer Satisfaction Information.
Laidig may receive equipment information that is personally identifiable by another party, e.g., the equipment owner, but in most instances, Laidig will not be the controller of that information.
Employees:
• Background Information (e.g., birth date, marital status, dependent information, ethnicity and/or nationality);
• Residency Information (e.g., work permit status);
• Financial Account Information;
• Reference Information (e.g., letters of recommendation or reference, or reports provided by former employers or colleagues);
• Background Check Information (e.g., credit and criminal background checks, drug and alcohol testing);
• Health Information (e.g., prescription records, benefit claims, and the Explanation of Benefits sent in connection with claims);
• Biometric Information (e.g., thumbprints);
• Trade Union affiliation;
• Automotive Information (e.g., driving history, vehicle registration, driver’s license number);
• Professional Qualifications Information (e.g., work experience, education); and
• Employment-related Information (e.g., work history, new hire forms, skills, education and training, performance appraisals, goals, attendance, work absences, vacation entitlement and requests, compensation history, workplace injury and illness reporting, disciplinary issues, and grievances).
Suppliers:
• Residency Information (e.g., work permit status);
• Financial Account Information;
• Background Information (e.g. due diligence)
• Professional Qualifications Information (e.g., work experience, education);
• Reference Information (e.g., letters of recommendation or reference, or reports provided by former employers or colleagues); and
• Biometric Information (e.g., thumbprints).
Depending on the applicable local law, some personal information collected by Laidig may be considered “sensitive personal information” (i.e., personal information subject to additional protections).
Additionally, in some cases, such as where you are the sole proprietor of a business, information about your company may be deemed personal information. This could include business information (e.g., office address), financial account information (e.g., bank account information, trade references, financial statements), assets (e.g., property ownership), credit rating, tax identification, and diversity classification.
Laidig may use anonymized (or de-identified information), that was derived from personal information, but in its anonymized form cannot be identified with a specific individual. This de-identified information is not considered personal information for purposes of this Privacy Statement and is not covered by this Privacy Statement. However, if such information is used or formatted in such a way that it is possible for that information to be identified with a specific individual, then it will be considered personal information as appropriate.
SECTION 3. HOW DOES LAIDIG COLLECT PERSONAL INFORMATION?
Laidig collects personal information in a variety of contexts from different categories of persons.
Customers (either directly or, in some cases, through third parties) can provide personal information through the business relationship involved in acquiring, marketing, or selling Laidig products or services. This includes, for example, submission of personal information as part of a proposal, a contract, receiving and employing services or products (including repair and warranty services), and potentially accessing Laidig systems or monitoring Laidig processes. Throughout the duration of a customer relationship, Laidig reserves the right to request, as needed, other forms of personal information necessary to facilitate the purposes described below.
Employees can provide personal information directly during the application and on-boarding process, throughout the duration of employment, and, in some cases where permitted, upon separation. In addition, Laidig may collect the information described above from a third party, for example, when we contact references that were provided to Laidig by an employee, or when we obtain background check information in accordance with our policies and applicable laws in connection with an employee’s application or on-boarding process. Much of this information is voluntarily provided to Laidig as a condition of employment to facilitate Laidig’s management of the employer-employee relationship, which is vital to our collective success.
Suppliers can provide personal information through the business relationship involved in acquiring, marketing, or selling Laidig products or services. This includes, for example, submission of personal information as part of a proposal, a contract, delivering services or products, and potentially accessing Laidig systems or monitoring Laidig processes. Throughout the duration of a supplier relationship, Laidig reserves the right to request, as needed, other forms of personal information necessary to facilitate the purposes described below.
Additionally, for individuals who come to the Laidig manufacturing facility, photographs or video may be captured (e.g., closed circuit television cameras or CCTV).
Laidig processes your personal information where it is permitted to do so under applicable data protection laws, including for the purposes of its legitimate interests, to comply with a legal obligation of Laidig, and where you have consented for Laidig to do so.
In some cases, your consent to the collection of your personal information may be provided in a manner appropriate to the context, meaning it can be provided orally, in writing, electronically, or—when permitted by local laws—it may be implied where the purpose is apparent from the circumstances and you voluntarily provide your personal information. Subject to local laws, and as may be articulated in the attached country-specific appendices, there may be circumstances under which Laidig must obtain explicit consent from you. Such consent is your choice and is entirely voluntary. In some circumstances, you may withdraw your consent to Laidig’s collection and use of personal information subject to contractual and legal restrictions and reasonable notice.
SECTION 4. HOW DOES LAIDIG USE PERSONAL INFORMATION?
Laidig uses personal information in ways that are compatible with the purposes for which the information was originally collected. This may include use for a purpose that is reasonably related to the original purpose of collection. Laidig collects, uses, and discloses personal information as an essential part of operations.
Additional information describing how we use this personal information may be provided in the supplemental appendices that describe unique legal obligations and rights available in different jurisdictions.
Personal information may also be processed in order to meet legal requirements applicable to Laidig, such as filing with government agencies, complying with lawful orders to provide information, meeting contractual commitments, and in connection with Laidig safeguarding its rights and property.
Personal information is vital to our management and administration of customer, employment, and supplier relationships generally. Subject to local law and any attached appendices, personal information is collected from different categories of persons for different purposes. Below, we describe the different purposes for collecting personal information from customers, suppliers, and employees.
Customer Personal Information Collection Purposes
Laidig uses customer personal information to conduct business operations (e.g., satisfy customer orders), market new products through individual outreach or group communications (e.g., newsletters), assess internal performance, manage customer relationships, (e.g., invoicing and payments), manage risk and compliance, and support various administrative functions. Some examples of personal information Laidig may collect from customers and accompanying uses include:
| Examples of Personal Information | Examples of Use |
Individual Representative Contact Information (e.g., name, address, telephone number). | To communicate with representatives of the customers and to manage the relationship. |
| Billing Information (e.g., financial account data, invoices, receipts). | To complete customer orders and submit necessary billing information. |
| Identification and Verification Information (e.g., photographs, driver’s license, passport, other proofs of identity). | To enable physical or remote access to Laidig equipment. (e.g. authentication) |
| Information Security / Technology Data (e.g., information captured through the use of Laidig systems). | To facilitate use of the applicable systems and security of those systems. |
| Image, Video (e.g., CCTV footage) (for individuals who go to the Laidig manufacturing facility) | To facilitate safety and security. |
Employee Personal Information Collection Purposes
Laidig uses employee personal information to conduct business operations (e.g., managing access control, security systems, and updating personnel directories), foster employee development (e.g., Training), support various administrative functions (e.g., administering compensation plans, benefits, and leave schedules), and manage the operation of our businesses.
Some examples of personal information that Laidig may collect from employees and accompanying uses include:
| Examples of Personal Information | Examples of Use |
| Contact Information of employee and family members (e.g., name, address, telephone number, emergency contact(s) information). | To communicate with employees and to facilitate benefits. |
| Employment-related Information (e.g., work history, performance appraisals, goals, attendance, work absences). | To manage the employment relationship. |
| Employment-related Information (e.g., workplace injury). | To meet compliance obligations and manage safety. |
| Identification and Verification Information (e.g., photographs, driver’s license, passport, other proofs of identity). | To meet compliance obligations and to enable physical or remote access to Laidig facilities or systems. |
| Biometric Information (e.g., thumbprints). | To identify or authenticate users and for access control purposes. |
| Information Security / Technology Data (e.g., information captured through the use of Laidig systems). | To facilitate use of the applicable systems and security of those systems. |
| Image, Video (e.g., CCTV footage) | To facilitate safety and security |
Supplier Personal Information Collection Purposes
Laidig uses supplier personal information to conduct business operations (e.g., managing access control and security systems), select and approve new suppliers, assess supplier performance, manage supplier relationships, (e.g., invoicing, and payments), manage risk and compliance, and support various administrative functions.
Some examples of personal information Laidig may collect from suppliers and accompanying uses include:
| Examples of Personal Information | Examples of Use |
| Contact Information (e.g., name, address, telephone number, emergency contact(s) information). | Listing in Laidig’s internal, enterprise wide directory, which is used to communicate with representatives of the supplier and to manage the relationship. |
| Professional Qualifications Information (e.g., work experience, education). | To evaluate and select suppliers. |
| Identification and Verification Information (e.g., photographs, driver’s license, passport, other proofs of identity). | To enable physical or remote access to Laidig facilities or systems. |
| Information Security Data (e.g., information captured through the use of Laidig systems). | To facilitate use of the applicable systems and security of those systems. |
| Image, Video (e.g., CCTV footage) (for visitors) | To facilitate safety and security |
SECTIONS 5-7. HOW DOES LAIDIG SAFEGUARD, KEEP, AND DISPOSE OF PERSONAL INFORMATION?
Section 5. How does Laidig safeguard personal information?
Laidig utilizes reasonable measures, including information technology security and physical security measures, to protect personal information. These measures are appropriate to the risks posed by the processing of personal information, and to the sensitivity of the personal information, and taking into account the requirements of applicable local law. Laidig requires all persons to abide by applicable security policies related to personal information when using Laidig applications.
Section 6. How long does Laidig keep personal information?
Laidig stores personal information as needed to accomplish the purposes identified above and to meet legal requirements, including record retention. Our retention of your personal information is at all times subject to local law. This storage period may extend beyond the term of your relationship with Laidig.
Section 7. How does Laidig dispose of personal information?
When personal information is no longer useful, or in any event, after legal authority to retain it has expired, personal information will be destroyed, in accordance with local law and pursuant to procedures established by the relevant Laidig system or process.
Section 8. How does Laidig transfer or share personal information that is collected?
Because Laidig operates a global business, we may need to transfer your personal information to different jurisdictions for our business purposes. Laidig may transfer personal information to countries or jurisdictions that may not legally mandate the same level of data protection as the jurisdiction in which that personal information was collected. This Privacy Statement applies to all Laidig operations and data processing activities.
Laidig only shares personal information with others in a manner consistent with this Privacy Statement, for the purposes stated above, when required by law, or with your consent. Information transfers to third parties will generally be transfers to third-party processors for those purposes consistent with this Privacy Statement. In addition, Laidig may transfer personal information to third-party data controllers as required by law, with your consent, or with approval from a relevant authority. In some jurisdictions, transfer of specifically delineated categories of data or transfer to certain third parties may require explicit consent from you. In all instances, the transfer of personal information is subject to local law and the attached appendices.
When Laidig shares personal information with third parties that process the personal information on Laidig’s behalf, Laidig takes reasonable steps to require such recipients to protect personal information in accordance with applicable laws. Examples of third parties with whom we may share information for any of these purposes include:
• Vendors, service providers, and other partners who support our business, such as providing technical infrastructure services;
• Law enforcement or other government agencies (when required by law; authorized by the customer; to protect Laidig, a person or property; and to support our business, such as in applications for government grants);
• Subsidiaries, affiliates and other entities controlled by Laidig;
• Other third-party service providers that process personal information on behalf of Laidig;
• An acquiring entity (or an entity that is interested in acquiring) in the event that Laidig divests (or is considering divesting) a portion of its business; and
• (Employees only) Vendors providing medical or financial planning services to employees.
Section 9. What are your access rights regarding personal information?
Laidig takes steps to maintain the accuracy and completeness of personal information. You may request and will receive reasonable access to the personal information you have provided to Laidig and have an opportunity to correct it if necessary. Laidig procedures grant you access to your personal information and enable the exercise of other rights that may be available to you under applicable local law.
Unless prohibited by local law or, in some cases, as mandated by local law, your right to access your personal information may be limited. Examples for why your access may be limited include:
• The request relates to legal advice and proceedings;
• A legal privilege may be claimed regarding the subject matter of the information;
• The personal information also includes the personal information of a third party who has not consented to disclosure and whose privacy would be affected by any such disclosure;
• The request is insufficiently detailed or has already been responded to;
• The request is frivolous or vexatious; or
• (Employees only) The information could disclose a confidential reference.
Laidig will consider local laws when reviewing requests to access or alter personal information held by Laidig.
If you are a customer, please contact the person representing Laidig to whom you have given your personal information for the proper procedure for obtaining access to your personal information.
If you are an employee, please contact the Human Resources representative for the proper procedure for obtaining access to your personal information. Upon request, and after providing satisfactory proof of identity and any additional requirements established by applicable local law, you will be given access to your personal information that you have a right to review and, if appropriate, the option to copy, modify, delete, or contest that personal information in Laidig’s systems.
If you are a supplier, you may contact the individual at your organization who is responsible for the Laidig relationship.
For more specific information regarding rights under the General Data Protection Regulations (“GDPR”); please see Appendix 1 and/or Appendix 2 as applicable. For more specific information regarding rights under the California Consumer Privacy Act (CCPA); please see Appendix 4 of this document.
Section 10. Where can you obtain further information? What happens if this privacy statement changes?
If you have any questions about this Privacy Statement, you may contact us by mail at:
Laidig Systems, Inc.
14535 Dragoon Trail
Mishawaka, IN 46544 USA
or by telephone at +1 574-256-0204. If you believe your personal information has been handled in a manner inconsistent with this Privacy Statement you should not hesitate to reach out.
If you are an employee, you can receive more information through the Human Resources office.
Section 11. What happens if this Privacy Statement changes?
We reserve the right to amend this Privacy Statement as needed. When we do, we will note near the top of this Privacy Statement the date that any such changes are made and/or when they become effective. In some instances, if the changes we make are material, we may also send you an e-mail message or other communication telling you about such changes and any choices you may have or actions you can take before they go into effect. Depending on the nature of the changes and subject to local law, your continued relationship with Laidig will demonstrate your acceptance of those changes.
APPENDIX 1. NON-HUMAN RESOURCES DATA SUBJECTS EEA
This Appendix to the Laidig Data Privacy Statement provides additional information about how Laidig collects, stores, uses, transfers and otherwise processes personal information (including special categories of personal information) in or from certain countries in the European Economic Area (“EEA”). This Appendix is applicable to individuals who do not have an employee / human resources relationship with Laidig. For more information please see Laidig Data Privacy Statement. For more information on how Laidig collects and processes non-personal information, please see Laidig Data Privacy Statement.
Section 1. What is the purpose of this appendix?
Laidig is committed to protecting the privacy and security of your personal information. This EEA Appendix describes how we collect, store, use, and transfer personal information about you during and after your relationship with us, in accordance with the General Data Protection Regulation (“GDPR”). As Data Controller, we are required under data protection legislation to notify you of the information contained in this EEA Appendix.
Section 2. What sensitive personal information could Laidig collect and process?
Sensitive personal information (also known as special categories of information) requires a higher level of protection. This is personal information which reveals or contains: racial or ethnic origin, political opinions, religious and philosophical beliefs, trade union membership, genetic data, biometric data, health data, sex life or sexual orientation.
We may collect, store and use the following, which may include or be considered “special categories” of information (as defined above):
• Background Information (e.g., marital status, dependent information, ethnicity and/or nationality, credit and criminal background checks, and drug and alcohol testing); and
• Biometric Information (e.g., thumbprints).
Section 3. Why does Laidig use your personal information?
We need all the categories of information collected primarily to allow us to manage our relationship with you in order to operate our business and to enable us to comply with our legal and regulatory obligations. In some cases, we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests.
The reasons for which we, or a contracted third party, will process your personal information are listed in Table 1 below.
Some of those purposes for processing will overlap and there may be several purposes which justify our use of your personal information.
Table 1. Categories, Purpose, and Legal Bases of Processing: Non-Human Resources Data
| Data Subjects | Categories of Personal Data | Purposes of Processing | Legal Basis for Processing |
| Customers and Suppliers | Contact information (e.g., name, address, telephone number, company name) Billing information (financial accounts data, invoices receipt, residence information) Client relationship Management Information Electronic identification information (e.g., email), system usage and preferences | Facilitate communications Evaluation and potentially entering into a business relationship or contract, including potentially preparing bids (responses to bids) and other requests that relate to the potential business To facilitate financial transactions and management; Audit Fulfilling our compliance obligations (e.g., anti-money laundering, screening against sanctions lists) Management of how our IT systems and to provide services | Performance of a contract Comply with legal requirements Legitimate interest (to manage the partnership) |
| Customers | Contact Information (e.g., name, address, telephone number, company name) Billing information Credit worthiness Electronic identification information (e.g., email), system usage and preferences | Repair and Warranty information Conducting credit reference checks and financial due diligence Performing customer satisfaction survey | Performance of a contract Legitimate interest (to receive feedback on customers' experiences) |
| Visitors to facilities | Contact information (e.g., name, address, telephone number, company name) Image (photograph, video) | Prevention and detection of crime or other misconduct Other security and risk management purposes | Comply with legal requirements Legitimate interest (safety and security) |
| Subscribers to our newsletters or other marketing activities | Contact information (e.g., name, address, telephone number, company name) Electronic identification information (e.g., email) and preferences | To inform you about our activities, sending you our newsletter, sending you our reports, share exciting new information about our products | Legitimate interest (communicating about related products or services) Consent |
Section 4. What are Laidig’s lawful bases for processing your personal information?
We will only use your personal information when the law allows us to. Most commonly, we will rely on one or more of the following bases for processing your personal information:
• Where it is necessary in order to comply with a legal or regulatory obligation.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where it is necessary for the performance of a contract.
• We may also use your personal information in the following situations, which are likely to be rare:
• Where we need to protect your interests (or someone else’s interests).
• Where it is needed in the public interest or for official purposes.
• Where we have obtained your prior consent (this is only used in relation to voluntary processing and is not used for processing that is necessary or obligatory).
The legal grounds we rely on to process your personal information are listed in Table 1.
Section 5. What are special categories of personal information used for at Laidig?
We will use your special categories of personal information for the following purposes:
• Information related to biometric data, to identify or authenticate users and for access control purposes.
• Background check information, to evaluate and select individuals with whom Laidig is working.
We may process special categories of personal information (as defined above) because we have a lawful basis for doing so (as set out above) and because in limited circumstances, we have your explicit written consent. Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public. We may also process such information in the course of legitimate business activities with the appropriate safeguards.
Section 6. When is automated decision making used?
Laidig does not regularly and systematically perform automated decision making producing a legal effect concerning individuals or that would have a similarly significant effect. In the event that you are interacting with Laidig when performing such automated decision making you should receive a specific notice that outlines the details of the automated decision making.
Under European data protection laws (and subject to the manner in which they and other laws and regulations apply to and must be complied with by Laidig), you have the right to object to automated decision making using your personal information.
Section 7. Does Laidig need your consent?
In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. We also rely on consent in other situations as identified in Table 1.
You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.
Section 8. What if you fail to provide your personal information?
If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing you with a product), or we may be prevented from complying with our legal or regulatory obligations.
Section 9. What if the purpose for which Laidig collected the personal information changes?
We will only use your personal information 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 information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Section 10. Will Laidig share your personal information?
We may have to share your data with Third Parties (as defined below), including third-party service providers and Laidig.
We may transfer your personal information outside the European Union (“EU”). If we do, you can expect a similar degree of protection with respect to your personal information.
Section 11. Which Third Parties may process your personal information?
“Third Parties” includes third party service providers (including contractors, designated agents, insurers and insurance brokers) and other entities of Laidig. Examples include:
• Vendors, service providers, and other partners who support our business, such as providing technical infrastructure services;
• Law enforcement or other government agencies;
• Subsidiaries, affiliates and other entities controlled by Laidig;
• Other third-party service providers that process personal information on behalf of Laidig; and
• An acquiring entity (or an entity that is interested in acquiring) in the event that Laidig divests (or is considering divesting) a portion of its business.
Section 12. When might Laidig share your personal information within Laidig?
We will share your personal information within Laidig as part of our regular business and reporting activities, in the context of a business reorganization or group restructuring exercise, for system maintenance support, for hosting of data and for other legitimate business reasons.
Section 13. Why might Laidig share your personal information with Third Parties?
We will share your personal information with Third Parties for the following reasons:
• In order to comply with a legal or regulatory obligation, where such disclosure is required by a regulatory or supervisory authority, the police or a court of competent jurisdiction;
• Where it is necessary to administer the contract with or for you;
• For the purposes of auditing, insuring and in the course of seeking advice with regards to our business operations and claims handling; and
• Where we have another legitimate interest in doing so.
Section 14. When would Laidig transfer personal information outside of the EU?
The personal information that we collect about you may be transferred to, and stored at, one or more countries outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for Laidig or for our third-party service providers. In such cases, we will take appropriate steps to ensure an adequate level of data protection of the recipient as required under the GDPR and as described in this document. If we cannot ensure such an adequate level of data protection, your personal data will only be transferred outside the EEA if you have given your prior consent to the transfer.
Section 15. What security measures are in place to protect personal information?
We have put in place appropriate security measures to protect the security of your personal information and provide the appropriate level of security for the risk, including measures designed to prevent your personal information from being accidentally lost, used or accessed in an unauthorized way, altered, or disclosed. Details of those measures are available on request. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
Section 16. How long will Laidig retain personal information?
We will only retain your personal information for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, regulatory, accounting, or reporting requirements. Details of retention periods for different aspects of your personal information are available in our data retention policy. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Section 17. What is your duty to inform Laidig of changes to your personal information?
It is important that the personal information we hold about you is accurate and current. Please contact Laidig to inform us of any necessary changes to your personal information that we possess.
Section 18. What are your rights related to your personal information?
Under certain circumstances, by law you have the right to:
• Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
• Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate personal information we hold about you corrected.
• Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
• Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
• Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
• Request the transfer of your personal information to another party.
• Lodge a complaint with the applicable supervisory authority with regard to our processing of your personal information.
If you want to exercise your right(s) as reflected above, you may do so by using one of the following methods:
Laidig Systems, Inc.
14535 Dragoon Trail
Mishawaka, IN 46544 USA
or by telephone at +1 574-256-0204.
Please be sure to include what right(s) you are seeking to invoke and provide what data or information your request is concerning so that your request can be properly and timely addressed.
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
Section 19. What might Laidig 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 personal information (or to exercise any of your other rights). This is another
appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
Section 20. What is your right to withdraw consent?
In the circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact Laidig or use any unsubscribe options we may provide you in the context of our processing activities. Once we have received notification that you have withdrawn your consent, we will no longer process your personal information for the purpose or purposes you originally agreed to, and unless we have another lawful basis for continuing to process your personal information, we will dispose of it securely.
Section 21. What if there are changes to this document?
We reserve the right to update this Laidig Data Privacy Statement and this appendix at any time, and we will provide you with updated documents when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.
[END Appendix 1. Non-Human Resources Data Subjects EEA]
APPENDIX 2. HUMAN RESOURCES DATA SUBJECTS EEA
This Appendix to the Laidig Data Privacy Statement provides additional information about how Laidig collects, stores, uses, transfers and otherwise processes personal information (including special categories of personal information) in or from certain countries in the European Economic Area (“EEA”). This Appendix is applicable to individuals who have an employee / human resources relationship with Laidig. For more information, please see Laidig Data Privacy Statement.
Section 1. What is the purpose of this appendix?
Laidig is committed to protecting the privacy and security of your personal information. This EEA Appendix describes how we collect, store, use, and transfer personal information about you during and after your relationship with us, in accordance with the General Data Protection Regulation (“GDPR”). As Data Controller, we are required under data protection legislation to notify you of the information contained in this EEA Appendix.
Section 2. What sensitive personal information could Laidig collect and process?
Sensitive personal information (also known as special categories of information) requires a higher level of protection. This is personal information which reveals or contains: racial or ethnic origin, political opinions, religious and philosophical beliefs, trade union membership, genetic data, biometric data, health data, sex life or sexual orientation.
We may collect, store and use the following, which may include or be considered “special categories” of information (as defined above):
• Health Information (e.g., prescription records, benefit claims, and the Explanation of Benefits sent in connection with claims) related to, among other things, physical or mental health, disability status, sickness absence, and family related leaves;
• Background Information (e.g., marital status, dependent information, ethnicity and/or nationality, credit and criminal background checks, and drug and alcohol testing);
• Biometric Information (e.g., thumbprints)
Section 3. Why does Laidig use your personal information?
Personal information is vital to our management and administration of employment relationships. We need all the categories of personal information collected primarily to allow us to manage our relationship with you and to enable us to comply with our legal and regulatory obligations. In some cases, we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests.
The reasons for which we, or a contracted third party, will process your personal information are listed in Table 1 below.
Some of those purposes for processing will overlap and there may be several purposes which justify our use of your personal information.
Table 1. Categories, Purpose, and Legal Bases of Processing: Human Resources Data
| Categories of Personal Data | Purposes of Processing | Legal Basis for Processing |
| Contact Information (e.g., name, address, telephone number, emergency contact(s) information). | Communicate with employees Facilitate benefits. Maintain accountability of business records. | Performance of a contract. Legitimate interest (to manage and communicate with the workforce). |
| Identification and verification information (including national/taxpayer identification numbers and work permit status). | Meet compliance obligations. Enable physical or remote access to Laidig facilities or systems. Communicate with employees. Facilitate benefits. | Performance of a contract. To comply with a legal obligation. Legitimate interest (to manage and communicate with the workforce). |
| Financial Account Information | Communicate with employees. Facilitate salary and benefits. | Performance of a contract. To comply with a legal obligation. Legitimate interest (to manage and communicate with the workforce). |
| Professional/Applicant Qualifications Information (e.g., work experience, education, reference information). | Evaluate and select individuals for a role within Laidig. | Legitimate interest (to manage the workforce). |
| General HR records | Management purposes. Verification purposes, necessary as evidence in the event of any query/dispute and for the provision of references. Conduct analytics studies to review and better understand employee retention and attrition rates. Managing education, training and development. | Performance of a contract. To comply with a legal obligation. Legitimate interest (to manage the workforce). |
| Employment-related Information (e.g., work history, performance appraisals, goals, attendance, work absences). | Monitoring and evaluation of performance to support decisions (e.g., salary increases, incentives and promotion). | Legitimate interest (to manage the workforce). |
| Health & Safety (e.g., safety incidents). | Manage health and safety at facilities. | To comply with a legal obligation. To protect the vital interests. Legitimate interest (to maintain safety). |
| Personal data obtained from security, monitoring, or an investigation. | Prevention and detection of crime or other misconduct. Other security and risk management purposes. | To comply with a legal obligation. To protect the vital interests. Legitimate interest (to manage the workforce and security). |
| Personal data processed on our IT systems. | For the conduct of the business | Performance of a contract. Legitimate interest (to manage business processes and systems). |
Section 4. What are Laidig’s lawful bases for processing your personal information?
We will only use your personal information when the law allows us to. Most commonly, we will rely on one or more of the following bases for processing your personal information:
• Where it is necessary for the performance of a contract we have entered into with you.
• Where it is necessary in order to comply with a legal or regulatory obligation.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
We may also use your personal information in the following situations, which are likely to be rare:
• Where we need to protect your interests (or someone else’s interests).
• Where it is needed in the public interest or for official purposes.
• Where we have obtained your prior consent (this is only used in relation to voluntary processing and is not used for processing that is necessary or obligatory).
We will rely on legitimate interests as the lawful basis for processing the categories of personal information set out below and, in each case we have identified the legitimate interest upon which we rely. (We also identify supplemental bases for processing certain categories of information where warranted.)
Section 5. What are special categories of personal information used for at Laidig?
We will use your special categories of personal information for the following purposes:
• Information relating to leaves of absence, which may include sickness absence or family related leaves, to comply with employment and other laws.
• Information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits.
• Information related to trade union affiliation to facilitate dues collection, maintain contact lists, and perform other business-related activities.
• Information related to ethnicity and/or nationality, to comply with employment and other laws.
• Information related to biometric data, to identify or authenticate users and for access control purposes.
• Information related to employment-related background checks, to evaluate and select individuals for a role within Laidig.
We may process special categories of personal information (as defined above) because we have a lawful basis for doing so (as set out above) and because:
• In limited circumstances, we have your explicit written consent;
• We need to carry out obligations or exercise specific rights in the field of employment and social security law and in line with our Laidig Data Privacy Statement;
• Where it is needed in the public interest, such as for equal opportunities monitoring and in line with our Laidig Data Privacy Statement; or
• Where it is needed to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards.
Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public. We may also process such information in the course of legitimate business activities with the appropriate safeguards.
Section 6. When is automated decision making used?
Laidig does not regularly and systematically perform automated decision making producing a legal effect concerning individuals or that would have a similarly significant effect. In the event that you are interacting with a Laidig company that is performing such automated decision making you should receive a specific notice that outlines the details of the automated decision making.
Under European data protection laws (and subject to the manner in which they and other laws and regulations apply to and must be complied with by Laidig), you have the right to object to automated decision making using your personal information.
Section 7. Does Laidig need your consent?
In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent.
You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.
Section 8. What if you fail to provide your personal information?
If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal or regulatory obligations (such as ensuring your health and safety).
Section 9. What if the purpose for which Laidig collected the personal information changes?
We will only use your personal information 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 information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Section 10. Will Laidig share your personal information?
We may have to share your data with Third Parties (as defined below), including third-party service providers and Laidig.
We may transfer your personal information outside the European Union (“EU”). If we do, you can expect a similar degree of protection with respect to your personal information.
Section 11. Which Third Parties may process your personal information?
“Third Parties” includes third-party service providers (including contractors, designated agents, insurers and insurance brokers) and other entities of Laidig. Examples include:
• Vendors, service providers, and other partners who support our business, such as providing technical infrastructure services;
• Law enforcement or other government agencies;
• Subsidiaries, affiliates and other entities controlled by Laidig;
• Other third-party service providers that process personal information on behalf of Laidig; and
• An acquiring entity (or an entity that is interested in acquiring) in the event that Laidig divests (or is considering divesting) a portion of its business.
Section 12. When might Laidig share your personal information within Laidig?
We will share your personal information within Laidig as part of our regular business and reporting activities, in the context of a business reorganization or group restructuring exercise, for system maintenance support, for hosting of data and for other legitimate business reasons. Examples include:
• payroll;
• benefits provision and administration (including pensions);
• occupational health or medical assessments regarding your fitness to work and health and safety (e.g. workstation assessments);
• insurance claims and notifications;
• provision and administration of recruitment assessments, training and professional development;
• library and research services such as subscriptions and memberships;
• building security access and maintenance;
• travel providers;
• telecommunications and messaging services such as our business continuity emergency notification system;
• hard copy archiving; and
• IT services.
Section 13. Why might Laidig share your personal information with Third Parties?
We will share your personal information with Third Parties for the following reasons:
• In order to comply with a legal or regulatory obligation, where such disclosure is required by a regulatory or supervisory authority, the police or a court of competent jurisdiction;
• Where it is necessary to administer the contract, working relationship and any associated benefits with or for you;
• For the purposes of auditing, insuring and in the course of seeking advice with regards to our business operations and claims handling; and
• Where we have another legitimate interest in doing so.
Section 14. When would Laidig transfer personal information outside of the EU?
The personal information that we collect about you may be transferred to, and stored at, one or more countries outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for Laidig or for our third-party service providers. In such cases, we will take appropriate steps to ensure an adequate level of data protection of the recipient as required under the GDPR and as described in this document. If we cannot ensure such an adequate level of data protection, your personal data will only be transferred outside the EEA if you have given your prior consent to the transfer.
Section 15. What security measures are in place to protect personal information?
We have put in place appropriate security measures to protect the security of your personal information and provide the appropriate level of security for the risk, including measures designed to prevent your personal information from being accidentally lost, used or accessed in an unauthorized way, altered, or disclosed. Details of those measures are available on request. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
Section 16. How long will Laidig retain personal information?
We will only retain your personal information for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, regulatory, accounting, or reporting requirements. Details of retention periods for different aspects of your personal information are available in our data retention policy which is available from the HR department. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Once you are no longer an employee, worker or contractor of Laidig, we will retain and securely destroy your personal information in accordance with our data retention policy.
Section 17. What is your duty to inform Laidig of changes to your personal information?
It is important that the personal information we hold about you is accurate and current. Please contact your Human Resources representative for the proper procedure for informing us of any necessary changes to your personal information that we possess.
Section 18. What are your rights related to your personal information? Under certain circumstances, by law you have the right to:
• Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
• Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate personal information we hold about you corrected.
• Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
• Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
• Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
• Request the transfer of your personal information to another party.
• Lodge a complaint with the applicable supervisory authority with regard to our processing of your personal information.
If you want to exercise your right(s) as reflected above, please contact the Human Resources department.
Please be sure to include what right(s) you are seeking to invoke and provide what data or information your request is concerning so that your request can be properly and timely addressed.
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
Section 19. What might Laidig 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 personal information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
Section 20. What is your right to withdraw consent?
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the Human Resources representative. Once we have received notification that you have withdrawn your consent, we will no longer process your personal information for the purpose or purposes you originally agreed to, and unless we have another lawful basis for continuing to process your personal information, we will dispose of it securely.
Section 21. What if there are changes to this document?
We reserve the right to update the Laidig Data Privacy Statement and the appendix at any time, and we will provide you with updated documents when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.
[END Appendix 2. Human Resources Data Subjects EEA]
APPENDIX 3. AUSTRALIAN PRIVACY PRINCIPLES
Last Updated: January 02, 2024
This Appendix to the Laidig Data Privacy Statement provides additional information about how Laidig collects, stores, uses, transfers and otherwise processes personal information in or from Australia. For more information, please see the main body of Laidig Data Privacy Statement.
Section 1. Storage of Personal Information
Laidig stores personal information electronically on our servers, which are provided and managed by Laidig’s and its third-party vendors.
Section 2. Cross-border Transfers of Personal Information
We may disclose personal information outside of Australia, including to Laidig affiliates that are covered by this Laidig Data Privacy Statement and to vendors used by Laidig. For personal information that is subject to the Australian Privacy Principles, we take appropriate steps to ensure an appropriate level of protection (e.g., consistent with the Australian Privacy Principles) when transferring such personal information to those in other countries or obtain your consent.
Section 3. Contacting Laidig or the Office of the Australian Information Commissioner
If you have any questions about Laidig’s processing of your personal information, please contact Laidig. If you believe that personal information has been handled in a manner inconsistent with the Laidig Data Privacy Statement and you are not satisfied with the response provided by Laidig, you may wish to contact the Office of the Australian Information Commissioner.
[END Appendix 3. Australian Privacy Principles]
APPENDIX 4. CALIFORNIA CONSUMER PRIVACY ACT
Effective: June 1, 2023
Last Updated: January 02, 2024
This Appendix to the Laidig Data Privacy Statement provides additional information about how Laidig collects, stores, uses, transfers and otherwise processes personal information about California consumers (as defined by the California Consumer Privacy Act or “CCPA”). The CCPA, including its notice obligations and rights granted to individuals, applies differently to individuals in a Human Resources context (e.g., employees). Additionally, it includes exceptions for consumers that are engaged in business-to-business activities. Please refer to Article 1 – Human Resources of this Appendix 4 for more information in the Human Resources context. Please refer to Article 2 – Non-Human Resource Consumers of this Appendix 4 for more information about other consumers (excluding business-to-business activities exempted under the CCPA). For more information about Laidig’s practices about personal information more generally, please see the main body of Laidig Data Privacy Statement.
Article 1 – Human Resources
Section 1. What is the Purpose of this Article to Appendix 4?
The purpose of this Article to Appendix 4 is to inform job applicants, employees of, owners of, directors of, officers of, medical staff of, and contractors of Laidig (collectively referred to as "employees" for the purposes of this Article), of the categories of Personal Information (as defined below) that we collect and the purposes for which we use such Personal Information.
Section 2. Collection and Use of Personal Information for Business Purposes
For purposes of this Notice, “Personal Information” is information that relates to an identified or identifiable person. Personal Information does not include deidentified, aggregated, or combined information, which includes data that is not reasonably capable of identifying you or being linked to you. Personal Information also does not include publicly available information (information that is lawfully made available from federal, state, or local government records).
We collect, use, and disclose employee Personal Information for business purposes only (as described further below) and in a manner consistent with applicable laws. Where we disclose Personal Information to third parties, we do so for the same purposes described below and, where appropriate, we require that such third parties maintain the confidentiality of the Personal Information and maintain appropriate systems and processes to secure and protect the Personal Information.
We collect and use the following categories of Personal Information about you to manage your employment relationship with us:
| Category of Personal Information | How We Use the Personal Information |
| Contact Information of employees and beneficiaries and family members (e.g., name, personal and work address, personal and work telephone number, personal and work e-mail address, emergency contact(s) information). | To identify and communicate and to manage and maintain benefits and company records. |
| Professional Qualifications Information (e.g., work experience, education, references, certifications, professional memberships, languages capabilities, any other similar information provided through the application process or during employment). | To evaluate and select individuals for role(s) within Laidig and facilitate development. |
| Employment-related Information (e.g., work history, performance appraisals, disciplinary and conduct records, goals, attendance, work absences, training records, salary, compensation, and other benefits). | To manage the employment relationship and manage compliance obligations. |
| Health and Safety Information (e.g., workplace injury, near misses, fitness for duty). | To meet compliance obligations and manage health and safety. |
| Identification and Verification Information (e.g., photographs, driver’s license, citizenship, passport, visas, other proofs of identity). | To meet compliance obligations, determine eligibility for work, and to enable physical or remote access to Laidig facilities or systems. |
| Financial Information (e.g., bank account details, wage garnishment records (if applicable). | To manage payroll, benefits, and expenses. |
| Travel Information (e.g., travel itinerary, visas, rewards program information such as frequent flyer account). | To manage business travel, including without limitation logistics, reimbursement/payment, and safety. |
| Information Security / Technology Data (e.g., information captured using Laidig systems, including any information that you create or upload into those systems). | To facilitate the use of the applicable systems and security of those systems. |
Section 3. Additional Purposes for Using Personal Information
In addition to the purposes identified above, we may also use and share the categories of Personal Information identified above to:
• To audit interactions, transactions, and records;
• To monitor compliance with company policies and procedures;
• To detect security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
• To comply with legal obligations and to disclose to law enforcement or other government agencies (when required by law; to protect Laidig, a person or property; to support our business, such as in applications for government grants; and when authorized by you); and
• Otherwise disclose in accordance with directions, or consent, from you.
Section 4. Who can I Contact for Additional Information?
You can contact Laidig through postal service at:
Laidig Systems, Inc.
14535 Dragoon Trail
Mishawaka, IN 46544 USA
or by telephone at +1 574-256-0204.
Article 2 – Non-Human Resource Consumers
Section 1. What is the Purpose of this Article to Appendix 4?
The CCPA provides California consumers with certain rights regarding personal information about them. This Article describes how we collect, process, and disclose Personal Information about you during and after your relationship with us and explains your rights. If you are a California consumer and would like to exercise any of those rights under the CCPA, please see Section 5 below for more information on how to submit a request.
This Article applies only to California consumers. For the purpose of this Article, a “California consumer” is a natural person who resides in California and does not include persons to the extent they are (i) acting as an employee, owner, director, officer or contractor of a company, partnership, sole proprietorship, nonprofit or government agency that is doing business with Laidig (which includes our dealers) or (ii) acting as a job applicant to, an employee of, owner of, director of, officer of, medical staff member of, or contractor of Laidig.
Section 2. What Categories of Personal Information Could Laidig Collect, Process, and Disclose and for what Purposes?
| Categories of Personal Information | Sources of Information | Business or Commercial Purpose for which Personal Information was Collected/Used |
Identifiers (e.g., name, postal address, unique personal identifiers, online identifiers, IP address, email address) Personal information categories listed in the California Customer Records statute (e.g., name, signature, address, telephone number) Commercial Information (e.g., purchasing history) Internet or other electronic network activity information (e.g., system and network identification and credentials and usage) | Directly from individuals Third parties (e.g., companies with which you interacted to purchase the Laidig product, technology platforms) | Identify you and manage our relationship with you, including communicate with you, enable access to Laidig facilities and systems, deliver products/services and related information to you, meet compliance obligations, and manage safety. Auditing related to a current interaction with the consumer and concurrent transactions. Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity. Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders or transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or similar services. Undertaking internal research for technological development and demonstration; Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufacturer for, or controlled by the business, and to improve, upgrade, or enhance the service of device that is owned, manufactured, manufactured for, or controlled by the business. Debugging to identify and repair errors that impair existing intended functionality. |
In addition to the purposes identified above, we may also use and share the categories of Personal Information identified above to:
• Disclose to law enforcement or other government agencies (when required by law; to protect Laidig, a person or property; to support our business, such as in applications for government grants; and when authorized by you)
• Otherwise disclose in accordance with directions from you
Section 3. Does Laidig Sell My Personal Information?
We have not sold your Personal Information in the preceding twelve (12) months and will not sell your Personal Information to third parties.
Section 4. What Rights Do I Have Under the CCPA?
You may have rights under the CCPA. The CCPA grants consumers certain rights with regard to Personal Information that relates to them; however, these rights are not absolute and in certain circumstances do not apply. The rights under the CCPA include:
• Right to Request Know / Access to Your Personal Information and Data Portability – The right to request information about the collection of your personal information by Laidig or access your personal information.
• Right to Deletion – The right to request the deletion of personal information about you.
• Right to Opt-Out of Sale of Personal Information – The right to direct the business to not sell (or stop selling) your personal information.
• Right of Non-Discrimination – The right to not be discriminated against for exercising your rights under the CCPA.
We will not discriminate against you for exercising any of your rights under the CCPA, and unless permitted by the CCPA, we will not:
• deny you goods or services;
• charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
• provide you a different level or quality of goods or services; or
• suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services;
for exercising one of your rights under the CCPA.
Section 5. How Do I Invoke a Right Under the CCPA?
If you want to exercise your right(s) as reflected above, you may do so by using one of the following methods:
Laidig Systems, Inc.
14535 Dragoon Trail
Mishawaka, IN 46544 USA
or by telephone at +1 574-256-0204.
Since we can only respond to a verified request, we may request information from you in order to confirm that you, or an authorized agent designated by you, are the one exercising your right as a consumer. We may request that you send your request through your account (if you have an account) or we may ask certain security questions to verify your identity before we respond to your request. You do not need to create an account with Laidig to exercise any of your individual rights (access, deletion, or opt-out of sale).
Section 6. Who can I Contact for Additional Information?
If you want to exercise your right(s) as reflected above, you may do so by using one of the following methods:
Laidig Systems, Inc.
14535 Dragoon Trail
Mishawaka, IN 46544 USA
or by telephone at +1 574-256-0204
[END Appendix 4. California Consumer Privacy Act]
APPENDIX 5. BRAZIL - NON-HUMAN RESOURCES DATA SUBJECTS
This Appendix to the Laidig Data Privacy Statement provides additional information about how Laidig collects, stores, uses, transfers, and otherwise processes personal information (including sensitive personal data) in or from Brazil. This Appendix is applicable to individuals who do not have an employee/human resources relationship with Laidig. For more information, please see
Laidig Data Privacy Statement. For more information on how Laidig collects and processes non-personal information, please see Laidig Data Privacy Statement.
Section 1. What is the purpose of this appendix?
Laidig is committed to protecting the privacy and security of your personal information. This Brazil Appendix describes how we collect, store, use, and transfer personal information about you during and after your relationship with us, in accordance with the Brazilian General Data Protection Law (Law No. 13,709/18 - “LGPD”). As Data Controller, we are required under data protection legislation to notify you of the information contained in this Brazil Appendix.
Section 2. What sensitive personal data could Laidig collect and process?
Sensitive personal data requires a higher level of protection. This is personal information which reveals or contains: racial or ethnic origin, political opinions, religious and philosophical beliefs, trade union membership, genetic data, biometric data, health data, sex life or sexual orientation.
We may collect, store, and use the following, which may include or be considered sensitive personal data (as defined above):
• Background Information, if and when permitted by applicable laws (e.g., ethnicity and drug and alcohol testing); and
• Biometric Information (e.g., thumbprints).
Section 3. Why does Laidig use your personal information?
We need all the categories of information collected primarily to allow us to manage our relationship with you in order to operate our business and to enable us to comply with our legal and regulatory obligations. In some cases, we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests.
The reasons for which we, or a contracted third party, will process your personal information are listed in Table 1 below.
Some of those purposes for processing will overlap and there may be several purposes which justify our use of your personal information.
Table 1. Categories, Purpose, and Legal Bases of Processing: Non-Human Resources Data
| Data Subjects | Categories of Personal Data | Purposes of Processing | Legal Bases for Processing |
| Customers and Suppliers | Contact information (e.g., name, address, telephone number, company name) Billing information (financial accounts data, invoices receipt, residence information) Client relationship Management Information Electronic identification information (e.g., email), system usage and preferences | Facilitate communications Evaluation and potentially entering into a business relationship or contract, including potentially preparing bids (responses to bids) and other requests that relate to the potential business To facilitate financial transactions and management; Audit Fulfilling our compliance obligations (e.g., anti-money laundering, screening against sanctions lists) Management of how our IT systems and to provide services | Performance of a contract Comply with legal requirements Legitimate interest (to manage the relationship) |
| Customers | Contact Information (e.g., name, address, telephone number, company name) Billing information Credit worthiness Electronic identification information (e.g., email), system usage and preferences | Repair and Warranty information Conducting credit reference checks and financial due diligence Performing customer satisfaction survey | Performance of a contract Legitimate interest (to receive feedback on customers' experiences) Protection of credit |
| Visitors to facilities | Contact information (e.g., name, address, telephone number, company name) Image (photograph, video) Vehicle information (e.g., make, model, license plate) Identification information (e.g., government documents/identifiers) | Prevention and detection of crime or other misconduct Other security and risk management purposes | Comply with legal requirements Legitimate interest (safety and security) |
| Subscribers to our newsletters or other marketing activities | Contact information (e.g., name, address, telephone number, company name) Electronic identification information (e.g., email) and preferences | To inform you about our activities, sending you our newsletter, sending you our reports, share exciting new information about our products | Legitimate interest (communicating about related products or services) Consent |
Section 4. What are Laidig’s lawful bases for processing your personal information?
We will only use your personal information when the law allows us to. Most commonly, we will rely on one or more of the following bases for processing your personal information:
• Where it is necessary to comply with a legal or regulatory obligation.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where it is necessary for the performance of a contract.
We may also use your personal information in the following situations, which are likely to be rare:
• Where we need to protect your life or physical integrity (or someone else’s life or physical integrity).
• Where we need it for credit protection.
• Where it is necessary for the exercise of our rights in lawsuits, administrative proceedings, or arbitration.
• Where we have obtained your prior consent (this is only used in relation to voluntary processing and is not used for processing that is necessary or obligatory).
• For the protection of credit, including as provided for in relevant legislation.
The legal grounds we rely on to process your personal information are listed in Table 1.
Section 5. What are sensitive personal data used for at Laidig?
We will use your sensitive personal data for the following purposes:
• Information related to biometric data, to identify or authenticate users and for access control purposes.
We may process sensitive personal data (as defined above) because we have a lawful basis for doing so (including, without limitation, for compliance with a legal obligation, or to protect the security of the data subject, as set out above) and because in limited circumstances, we have your explicit written consent. Less commonly, we may process this type of information where it is needed in relation to legal claims or exercise of our rights, or where it is needed to protect your life or physical integrity (or someone else’s life or physical integrity).
Section 6. When is automated decision making used?
Laidig does not regularly and systematically perform automated decision making producing a legal effect concerning individuals or that would have a similarly significant effect.
Under LGPD, you have the right to request the review decisions taken solely on the basis of automated processing of personal data that affects your interests.
Section 7. Does Laidig need your consent?
In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive personal data. If we do so, we will provide you with details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. We also rely on consent in other situations as identified in Table 1.
You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us. If you give us your consent, you will be able to withdraw your consent at any time.
Section 8. What if you fail to provide your personal information?
If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing you with a product), or we may be prevented from complying with our legal or regulatory obligations.
Section 9. What if the purpose for which Laidig collected the personal information changes?
We will only use your personal information 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 information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Section 10. Will Laidig share your personal information?
We may have to share your data with Third Parties (as defined below), including third-party service providers and Laidig.
We may transfer your personal information outside Brazil. If we do, you can expect a similar degree of protection with respect to your personal information.
Section 11. Which Third Parties may process your personal information?
“Third Parties” includes third party service providers (including contractors, designated agents, insurers and insurance brokers) and other entities of Laidig. Examples include:
• Vendors, service providers, and other partners who support our business, such as providing technical infrastructure services;
• Law enforcement or other government agencies;
• Subsidiaries, affiliates, and other entities controlled by Laidig;
• Other third-party service providers that process personal information on behalf of Laidig; and
• An acquiring entity (or an entity that is interested in acquiring) in the event that Laidig divests (or is considering divesting) a portion of its business.
Section 12. When might Laidig share your personal information within Laidig?
We will share your personal information within Laidig as part of our regular business and reporting activities, in the context of a business reorganization or group restructuring exercise, for system maintenance support, for hosting of data and for other legitimate business reasons.
Section 13. Why might Laidig share your personal information with Third Parties?
We will share your personal information with Third Parties for the following reasons:
• In order to comply with a legal or regulatory obligation, where such disclosure is required by a regulatory or supervisory authority, the police or a court of competent jurisdiction;
• Where it is necessary to administer the contract with or for you;
• For the purposes of auditing, insuring and in the course of seeking advice with regards to our business operations and claims handling; and
• Where we have another legitimate interest in doing so.
Section 14. When would Laidig transfer personal information outside of Brazil?
The personal information that we collect about you may be transferred to, and stored at, one or more countries outside Brazil. It may also be processed by staff operating outside Brazil who work for Laidig or for our third-party service providers. In such cases, we will take appropriate steps to ensure an adequate level of data protection of the recipient as required under LGPD and as described in this document. If we cannot ensure such an adequate level of data protection, your personal data will only be transferred outside Brazil if you have given your prior consent to the transfer.
Section 15. What security measures are in place to protect personal information?
We have put in place appropriate security measures to protect the security of your personal information and provide the appropriate level of security for the risk, including measures designed to prevent your personal information from being accidentally lost, used or accessed in an unauthorized way, altered, or disclosed. Details of those measures are available on request. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
Section 16. How long will Laidig retain personal information?
We will only retain your personal information for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, regulatory, accounting, or reporting requirements. Details of retention periods for different aspects of your personal information are available in our data retention policy. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Section 17. What is your duty to inform Laidig of changes to your personal information?
It is important that the personal information we hold about you is accurate and current. Please contact Laidig and inform us of any necessary changes to your personal information that we possess.
Section 18. What are your rights related to your personal information?
Under certain circumstances, by law you have the right to:
• Confirm the existence of processing;
• Request access to your personal information (commonly known as a “data subject access request”), by means of a summary report or a detailed report. Under certain limited circumstances, you may be entitled to receive a copy of the personal information we hold about you.
• Request correction of incomplete, inaccurate, or outdated personal information we hold about you.
• Request the anonymization, blocking or deletion of unnecessary or excessive personal information about you, or personal information about you we process in noncompliance with the provisions of LGPD.
• Request the portability of the personal information we hold about you to another service or product provider, under specific circumstances.
• Request the deletion of your personal information that was processed based on your consent.
• Obtain information about public and private entities with which we have shared your personal information.
• Obtain information about the possibility of denying consent and the consequences of such denial, whenever we ask for your consent to process your personal information.
• Oppose to any data processing activity for which your consent was not required, if there is a breach of LGPD.
• Revoke your consent, whenever our processing of your personal information was based on your consent.
• Lodge a complaint with the applicable supervisory authority with regard to our processing of your personal information.
If you want to exercise your right(s) as reflected above, please contact Laidig.
If submitting by email; please be sure to include what right(s) you are seeking to invoke and provide what data or information your request is concerning so that your request can be properly and timely addressed.
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may refuse to comply with the request if your request for access is clearly unfounded or excessive.
Section 19. What might Laidig 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 personal information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
Section 20. What is your right to withdraw consent?
In the circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact Laidig or use any unsubscribe options we may provide you in the context of our processing activities. Once we have received notification that you have withdrawn your consent, we will no longer process your personal information for the purpose or purposes you originally agreed to, and unless we have another lawful basis for continuing to process your personal information, we will dispose of it securely.
Section 21. What if there are changes to this document?
We reserve the right to update this Laidig Data Privacy Statement and this appendix at any time, and we will provide you with updated documents when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.
[END Appendix 5. Brazil - Non-Human Resources Data Subjects]
APPENDIX 6. BRAZIL - HUMAN RESOURCES DATA SUBJECTS
This Appendix to the Laidig Data Privacy Statement provides additional information about how Laidig collects, stores, uses, transfers, and otherwise processes personal information (including sensitive personal data) in or from Brazil. This Appendix is applicable to individuals who have an employee / human resources relationship with Laidig. For more information, please see Laidig Data Privacy Statement.
Section 1. What is the purpose of this appendix?
Laidig is committed to protecting the privacy and security of your personal information. This Brazil Appendix describes how we collect, store, use, and transfer personal information about you during and after your relationship with us, in accordance with the Brazilian General Data Protection Law (Law No. 13,709/18 - “LGPD”). As Data Controller, we are required under data protection legislation to notify you of the information contained in this Brazil Appendix.
Section 2. What sensitive personal data could Laidig collect and process?
Sensitive personal data (also known as special categories of information) requires a higher level of protection. This is personal information which reveals or contains: racial or ethnic origin, political opinions, religious and philosophical beliefs, trade union membership, genetic data, biometric data, health data, sex life or sexual orientation.
We may collect, store, and use the following, which may include or be considered sensitive personal data (as defined above):
• Health Information (e.g., prescription records, benefit claims, and the Explanation of Benefits sent in connection with claims) related to, among other things, physical or mental health, disability status, sickness absence, and family related leaves;
• Background Information, if and when permitted by applicable laws (e.g., marital status, race, ethnicity, and drug and alcohol testing);
• Biometric Information (e.g., thumbprints); and
• Trade Union affiliation.
Section 3. Why does Laidig use your personal information?
Personal information is vital to our management and administration of employment relationships. We need all the categories of personal information collected primarily to allow us to manage our relationship with you and to enable us to comply with our legal and regulatory obligations. In some cases, we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests.
The reasons for which we, or a contracted third party, will process your personal information are listed in Table 1 below.
Some of those purposes for processing will overlap and there may be several purposes which justify our use of your personal information.
Table 1. Categories, Purpose, and Legal Bases of Processing: Human Resources Data
| Categories of Personal Data | Purposes of Processing | Legal Bases for Processing |
| Contact Information (e.g., name, address, telephone number, emergency contact(s) information) | Communicate with employees Facilitate benefits Maintain accountability of business records | Performance of a contract Legitimate interest (to manage and communicate with the workforce) |
| Identification and verification information (including national/taxpayer identification numbers and work permit status) | Meet compliance and legal obligations Enable physical or remote access to Laidig facilities or systems Communicate with employees Facilitate benefits | Performance of a contract To comply with a legal obligation Legitimate interest (to manage and communicate with the workforce) |
| Financial Account Information | Communicate with employees Facilitate salary and benefits | Performance of a contract To comply with a legal obligation Legitimate interest (to manage and communicate with the workforce) |
| Automotive Information (e.g., driving history, vehicle registration, driver’s license number) | Facilitate access to Laidig facilities (e.g., parking) Manage company vehicles | Performance of a contract Legitimate interest (to facilitate access and management of Laidig facilities and equipment) |
| Professional/Applicant Qualifications Information (e.g., work experience, education, reference information, background/criminal check) | Evaluate and select individuals for a role within Laidig | Performance of a contract Legitimate Interest (to manage the workforce) |
| General HR records | Management purposes Verification purposes, necessary as evidence in the event of any query/dispute and for the provision of references Conduct analytics studies to review and better understand employee retention and attrition rates Managing education, training and development | Performance of a contract To comply with a legal obligation Legitimate interest (to manage the workforce) |
| Employment-related Information (e.g., work history, performance appraisals, goals, attendance, work absences) | Monitoring and evaluation of performance to support decisions (e.g., salary increases, incentives and promotion) | Performance of a contract Legitimate interest (to manage the workforce) |
| Health and Safety (e.g., safety incidents) | Manage health and safety at facilities | To comply with a legal obligation To protect the life and physical integrity Legitimate interest (to maintain safety) |
| Personal data obtained from security, monitoring, or an investigation | Prevention and detection of crime or other misconduct Other security and risk management purposes | To comply with a legal obligation To protect the life and physical integrity Legitimate interest (to manage the workforce and security) |
| Personal data processed on our IT systems | For the conduct of business | Performance of a contract Legitimate interest (to manage business processes and systems) |
Section 4. What are Laidig’s lawful bases for processing your personal information?
We will only use your personal information when the law allows us to. Most commonly, we will rely on one or more of the following bases for processing your personal information:
• Where it is necessary for the performance of a contract we have entered into with you.
• Where it is necessary to comply with a legal or regulatory obligation.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
We may also use your personal information in the following situations, which are likely to be rare:
• Where we need to protect your life or physical integrity (or someone else’s life or physical integrity).
• Where it is necessary for the exercise of our rights in lawsuits, administrative proceedings or arbitration
• Where we have obtained your prior consent (this is only used in relation to voluntary processing and is not used for processing that is necessary or obligatory).
• For the protection of credit, including as provided for in relevant legislation.
We will rely on legitimate interests as the lawful basis for processing the categories of personal information set out below and, in each case we have identified the legitimate interest upon which we rely. We also identify supplemental bases for processing certain categories of information where warranted in a specific notice that we will provide you.
Section 5. What are sensitive personal data used for at Laidig?
We will use your sensitive personal data for the following purposes:
• Information relating to leaves of absence, which may include sickness absence or family related leaves, to comply with employment and other laws.
• Information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits.
• Information related to trade union affiliation to facilitate dues collection, maintain contact lists, and perform other business-related activities.
• Information related to ethnicity and/or nationality, to comply with employment and other laws.
• Information related to biometric data, to identify or authenticate users and for access control purposes.
We may process sensitive personal data (as defined above) because we have a lawful basis for doing so (as set out above) and because:
• In limited circumstances, we have your explicit written consent;
• We need to carry out obligations or exercise specific rights in the field of employment and social security law and in line with our Laidig Data Privacy Statement;
Less commonly, we may process this type of information where it is needed in relation to legal claims or exercise of our rights, or where it is needed to protect your life or physical integrity (or someone else’s life or physical integrity).
Section 6. When is automated decision making used?
Laidig does not regularly and systematically perform automated decision making producing a legal effect concerning individuals or that would have a similarly significant effect.
Under LGPD, you have the right to request the review of automated decision taken solely on the basis of automated processing of personal data that affects your interests.
Section 7. Does Laidig need your consent?
In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive personal data. If we do so, we will provide you with details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent.
You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.
Section 8. What if you fail to provide your personal information?
If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal or regulatory obligations (such as ensuring your health and safety).
Section 9. What if the purpose for which Laidig collected the personal information changes?
We will only use your personal information 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 information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Section 10. Will Laidig share your personal information?
We may have to share your data with Third Parties (as defined below), including third-party service providers, other Laidig entities, and public government agencies or authorities.
We may transfer your personal information outside Brazil. If we do, you can expect a similar degree of protection with respect to your personal information.
Section 11. Which Third Parties may process your personal information?
“Third Parties” includes third-party service providers (including contractors, designated agents, insurers and insurance brokers) and other entities of Laidig. Examples include:
• Vendors, service providers, and other partners who support our business, such as providing technical infrastructure services;
• Law enforcement or other government agencies;
• Subsidiaries, affiliates and other entities controlled by Laidig;
• Other third-party service providers that process personal information on behalf of Laidig; and
• An acquiring entity (or an entity that is interested in acquiring) in the event that Laidig divests (or is considering divesting) a portion of its business.
Section 12. When might Laidig share your personal information within Laidig?
We will share your personal information within Laidig as part of our regular business and reporting activities, in the context of a business reorganization or group restructuring exercise, for system maintenance support, for hosting of data and for other legitimate business reasons. Examples include:
• payroll;
• benefits provision and administration (including pensions);
• occupational health or medical assessments regarding your fitness to work and health and safety (e.g. workstation assessments);
• insurance claims and notifications;
• provision and administration of recruitment assessments, training and professional development;
• library and research services such as subscriptions and memberships;
• building security access and maintenance;
• travel providers;
• telecommunications and messaging services such as our business continuity emergency notification system;
• hard copy archiving; and
• IT services.
Section 13. Why might Laidig share your personal information with Third Parties?
We will share your personal information with Third Parties for the following reasons:
• In order to comply with a legal or regulatory obligation, where such disclosure is required by a regulatory or supervisory authority, the police or a court of competent jurisdiction;
• Where it is necessary to administer the contract, working relationship and any associated benefits with or for you;
• For the purposes of auditing, insuring and in the course of seeking advice with regards to our business operations and claims handling; and
• Where we have another legitimate interest in doing so.
Section 14. When would Laidig transfer personal information outside of Brazil?
The personal information that we collect about you may be transferred to, and stored at, one or more countries outside Brazil. It may also be processed by staff operating outside Brazil who work for Laidig or for our third-party service providers. In such cases, we will take appropriate steps to ensure an adequate level of data protection of the recipient as required under LPD and as described in this document. If we cannot ensure such an adequate level of data protection, your personal data will only be transferred outside Brazil if you have given your prior consent to the transfer.
Section 15. What security measures are in place to protect personal information?
We have put in place appropriate security measures to protect the security of your personal information and provide the appropriate level of security for the risk, including measures designed to prevent your personal information from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. Details of those measures are available on request. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
Section 16. How long will Laidig retain personal information?
We will only retain your personal information for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, regulatory, accounting, or reporting requirements. Details of retention periods for different aspects of your personal information are available in our data retention policy which is available from the HR department. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Once you are no longer an employee, worker, or contractor of Laidig, we will retain and securely destroy your personal information in accordance with our data retention policy.
Section 17. What is your duty to inform Laidig of changes to your personal information?
It is important that the personal information we hold about you is accurate and current. In many cases, you have self-service access to your data (e.g., internal HR systems). Please keep your information up-to-date, or contact your Human Resources representative for the proper procedure for informing us of any necessary changes to your personal information that we possess.
Section 18. What are your rights related to your personal information? Under certain circumstances, by law you have the right to:
• Confirm the existence of processing;
• Request access to your personal information (commonly known as a “data subject access request”), by means of a summary report or a detailed report. Under certain limited circumstances, you may be entitled to receive a copy of the personal information we hold about you.
• Request correction of incomplete, inaccurate or outdated personal information we hold about you.
• Request the anonymization, blocking or deletion of unnecessary or excessive personal information about you, or personal information about you we process in noncompliance with the provisions of LGPD.
• Request the portability of the personal information we hold about you to another service or product provider, under specific circumstances.
• Obtain information about public and private entities with which we have shared your personal information.
• Oppose to any data processing activity for which your consent was not required if there is a breach of LGPD.
• Request the deletion of your personal information that was processed based on your consent.
• Obtain information about the possibility of denying consent and the consequences of such denial, whenever we ask for your consent to process your personal information.
• Revoke your consent, whenever our processing of your personal information was based on your consent.
• Lodge a complaint with the applicable supervisory authority with regard to our processing of your personal information. If you want to exercise your right(s) as reflected above, you may do so by using one of the following methods:
Laidig Systems, Inc.
14535 Dragoon Trail
Mishawaka, IN 46544 USA
or by telephone at +1 574-256-0204.
Please be sure to include what right(s) you are seeking to invoke and provide what data or information your request is concerning so that your request can be properly and timely addressed.
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may refuse to comply with the request if your request for access is clearly unfounded or excessive.
Section 19. What might Laidig 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 personal information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
Section 20. What is your right to withdraw consent?
In the limited circumstances where you may have provided your consent to the collection, processing, and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact your local, regional, or corporate Human Resources representative. Once we have received notification that you have withdrawn your consent, we will no longer process your personal information for the purpose or purposes you originally agreed to, and unless we have another lawful basis for continuing to process your personal information, we will dispose of it securely.
Section 21. What if there are changes to this document?
We reserve the right to update this Laidig Data Privacy Statement and this appendix at any time, and we will provide you with updated documents when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.
[END Appendix 6. Brazil - Human Resources Data Subjects]
APPENDIX 7. CHINA
Effective: July 1, 2023
Last Updated: January 02, 2024
This Appendix to the Laidig Data Privacy Statement provides additional information about how Laidig collects, stores, uses, transfers, and otherwise processes personal information (including sensitive personal information) in or from China as a Personal Information Handler (as defined by China’s Personal Information Protection Act or “PIPL”). For more information, please see the main body of Laidig’s Data Privacy Statement. For more information on how Laidig collects and processes non-personal information, please see Laidig Data Privacy Statement.
Section 1. Identity and Contact of the Personal Information Handler
For the purpose of this China Appendix, the identity and contact of the relevant Personal Information Handler (also referred to in the Laidig Data Privacy Statement as a “Controller”) is your Laidig contact.
Section 2. Categories of Personal Information; Purposes and Handling Methods of Processing
We need all the categories of information collected primarily to allow us to manage our relationship with you in order to operate our business and to enable us to comply with our legal and regulatory obligations. The categories of personal information and the purposes for which we, or a contracted third party, will process your personal information are listed in Table 1 and Table 2 below. Some of those purposes for processing overlap and there may be several purposes which justify our use of your personal information.
Table 1 is applicable to individuals who do not have an employee / human resources relationship with Laidig. Table 2 is applicable to individuals who do have an employee / human resources relationship with Laidig.
Table 1. Categories of Personal Information; Purposes and Handling Methods of Processing: Non-Human Resources Data
| Categories of Personal Information | Purposes of Handling Methods of Processing |
Contact Information (e.g., name, address, telephone number, company name) Billing information (e.g., invoices receipt, residence information, financial credit information) Client Relationship Management Information Commercial Information (e.g., purchasing history) Electronic identification information (e.g., email, system usage and preferences) Identifiers (e.g., name, postal address, unique personal identifiers, online identifiers, IP address, email address) Internet or other electronic network activity information (e.g., system and network identification and credentials usage) | Communications with you, including information about our activities and products; Evaluation and potentially entering into a business relationship or contract, including potentially preparing bids (responses to bids) and other requests that relate to the potential business To facilitate financial transactions and management; and Auditing related to a current interaction with the customer and concurrent transactions. Fulfilling our compliance obligations (e.g., anti-money laundering, screening against sanctions lists); Management of our IT systems and to provide services; Detecting security incidents protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity; Debugging to identify and repair errors that impair existing intended functionality; Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders or transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or similar services; Undertaking internal research for technological development and demonstration; Undertaking activities to verify or maintain the quality or safety of a service or device that is owed, manufactured, manufacturer for, or controlled by the business, and to improve, upgrade, or enhance the service of device that is owned, manufactured, manufactured for, or controlled by the business; Processing Repair and Warranty claims; Conducting financial credit reference checks and financial due diligence; and Performing customer satisfaction surveys. |
Image (e.g., photograph, video) Vehicle Information (e.g., make, model, license plate) Identification Information (e.g., government documents/identifiers | To facilitate safety and security at Laidig facilities; and Other security and risk management purposes. |
If and when permitted by applicable laws, we may also process Financial Accounts Data, Health Data (e.g., symptoms of illness, vaccine and treatment information), and Biometric Information (e.g., fingerprints). This may constitute Sensitive Personal Information, defined under the PIPL as “personal information that, once leaked or illegally used, may easily cause harm to the dignity of natural persons or grave harm to personal or property security, including information on biometric characteristics, religious beliefs, specially-designated status, medical health, financial accounts, individual location tracking, etc., as well as the personal information of minors under the age of 14.”
o Necessity: Processing may occur where it is necessary to:
o Identify or authenticate users and for access control purposes;
o Perform services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders or transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or similar services;
o Manage health and safety at our facilities;
o For reasons of public health; or
o Comply with applicable laws.
o Influence on your rights and interests: In order to respect your privacy rights and interests, we will only process Sensitive Personal Information where there is a specific purpose and a need to fulfill, and where strict protection measures have been implemented. To the extent your Sensitive Personal Data are processed by us, you will have the rights set forth in Section 4 of this Appendix and you may exercise such rights in accordance with Section 4.
In addition to the purposes identified above, we may also use and share the categories of Personal Information identified above to:
• Disclose to law enforcement or other government agencies (when required by law; to protect Laidig, a person or property; to support our business, such as in applications for government grants; and when authorized by you);
• When we have a lawful basis for doing so (including, without limitation, for compliance with a legal obligation, or to protect the security of the data subject), or where it is needed in relation to legal claims
or exercise of our rights, or where it is needed to protect your life or physical integrity (or someone else’s life or physical integrity); or • Otherwise disclose in accordance with directions from you.
Table 2. Categories of Personal Information; Purposes and Handling Methods of Processing.: Human Resources Data
| Categories of Personal Information | Purposes and Handling Methods of Processing |
Contact Information of employees and beneficiaries and family members (e.g., name, address, telephone number, emergency contact(s) information)
| Communications with you or your designated contacts; To facilitate benefits; Maintenance of accountability of business records; To meet compliance and legal obligations, including employment-related obligations; Compliance with corporate financial responsibilities, including audit requirements; In relation to legal claims or to disclose to law enforcement or other government agencies (when required by law; to protect Laidig, a person or property; to support our business, such as in applications for government grants; and when authorized by you); To enable physical or remote access to Laidig facilities or systems; and Management of payroll, benefits, and expenses. |
| Automotive Information (e.g., driving history, vehicle registration, driver’s license number) | To facilitate access to Laidig facilities (e.g., parking); and Management of company vehicles. |
| Professional/Applicant Qualifications Information (e.g., work experience, education, reference information, background/criminal check) | Evaluation and selection of individuals for a role within Laidig. |
| General HR records and Employment-related Information (e.g., work history, performance appraisals, disciplinary processes and reports, goals, business communication content and associated data, attendance, business travel details, work absences) | Workforce management purposes; Monitoring and evaluation of performance to support decisions (e.g., salary increases, incentives and promotion); Verification purposes, necessary as evidence in the event of any query/dispute and for the provision of references; To conduct analytics studies to review and better understand employee retention and attrition rates; Compliance with corporate financial responsibilities, including audit requirements; Management of education, training and development; and To meet compliance and legal obligations, including employment-related obligations. |
| Health & Safety Information (e.g., safety incidents) | Management of health and safety at facilities. |
| Personal information obtained from security, monitoring, or an investigation | Prevention and detection of crime or other misconduct; Management of internal investigations; In relation to legal claims or to disclose to law enforcement or other government agencies (when required by law; to protect Laidig, a person or property; to support our business, such as in applications for government grants; and when authorized by you);and Other security and risk management purposes. |
| Personal information processed on our IT systems (e.g., information captured using Laidig systems, including any information that you create or upload into those systems). | To facilitate the use of the applicable systems and security of those systems and the conduct of the business; and Security and fraud prevention activities and internal investigations. |
If and when permitted by applicable laws, we may also process sensitive personal information, as defined above. Sensitive personal information may be included within Health Information (e.g., prescription records, benefit claims, symptoms of illness, vaccine and treatment information, and the Explanation of Benefits sent in connection with claims) related to, among other things, physical or mental health, disability status, sickness absence, and family related leaves; Background Information, (e.g., marital status, race, ethnicity, and drug and alcohol testing); Financial Account Information (e.g., bank account information, payment records, tax records); and Biometric Information (e.g., fingerprints); and Trade Union affiliation.
Necessity: Processing may occur where it is necessary to achieve the specific purposes as described in this Statement, including:
o To meet compliance and legal obligations, including employment-related obligations;
o To ensure your health and safety in the workplace and to assess your fitness to work;
o To facilitate benefits;
o For reasons of public health;
o To provide appropriate workplace adjustments, to monitor and manage and facilitate leaves of absence and to administer benefits;
o To facilitate dues collection related to trade union membership, maintain contact lists, and perform other business-related activities related to trade union membership;
o To identify or authenticate users and for access control purposes;
o To carry out obligations or exercise specific rights in the field of employment and social security law and in line with our Laidig Data Privacy Statement; or
o Where it is needed in relation to legal claims or exercise of our rights, or where it is needed to protect your life or physical integrity (or someone else’s life or physical integrity).
Influence on your rights and interests: In order to respect your privacy rights and interests, we will only process Sensitive Personal Information where there is a specific purpose and a need to fulfill, and where strict protection measures have been implemented. To the extent your Sensitive Personal Data are processed by us, you will have the rights set forth in Section 4 of this Appendix and you may exercise such rights in accordance with Section 4.
Section 3. The Retention Period for Personal Information
We will only retain your personal information for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, regulatory, accounting, or reporting requirements. Details of retention periods for different aspects of your personal information are available in our data retention policy. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements, including Article 19 of the PIPL.
Section 4. Transfers of Personal Information
Where authorized, Laidig may transfer personal information outside of China. The country in which overseas recipients are likely to be located currently include the United States.
Where authorized, Laidig may transfer personal information to other Personal Information Handlers, including to Laidig affiliates that are covered by this Laidig Data Privacy Statement and to dealers engaged with those Laidig companies.
In the event that you are interacting with a Laidig company that is performing a cross-border transfer of your personal information to a jurisdiction outside of China and/or performing a transfer of your personal information to another Personal Information Handler, we will protect such information as described in this Statement and as disclosed to you at the time of data collection or as described in our process-specific privacy notice, if applicable.
Section 5. Methods and Procedures for Individuals to Exercise their Rights
Under certain circumstances, by law you (or in limited situations, your next of kin) have the right to:
· To know and decide relating to your personal information;
· To limit or refuse the handling of personal information by others;
· To access and obtain your personal information;
· To request the transfer of your personal information to another Personal Information Handler;
· To correct your personal information;
· To request deletion of your personal information; or
· To an explanation of the personal information handling rules.
If you want to exercise your right(s) as reflected above, you may do so by using one of the following methods:
Laidig Systems, Inc.
14535 Dragoon Trail
Mishawaka, IN 46544 USA
or by telephone at +1 574-256-0204.
Please be sure to include what right(s) you are seeking to invoke and provide what data or information your request is concerning so that your request can be properly and timely addressed. You may also lodge a complaint with the applicable supervisory authority with regard to our processing of your personal information.
[END Appendix 7. China]
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Laidig Systems Inc. respects the rights of all copyright holders and in this regard, Laidig has adopted and implemented a policy that provides for the removal from its web site of materials that infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Laidig’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Laidig’s Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:
Copyright Agent
Attn: Cory Hamel
14535 Dragoon Trl. Mishawaka, IN 46544
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Welcome to Laidig System Inc.'s website. Unless specified otherwise by Laidig for any website, these Terms of Use (these "Terms of Use") contain the terms and conditions that govern your access to and use of Laidig websites (the "Site" or "Sites," including Laidig.com; all networked websites operated by Laidig, and all data, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code made available by or through the Sites ("Content"). This is an agreement between you or the entity you represent ("you") and Laidig Systems Inc., an Indiana corporation with offices located at 14535 Dragoon Trail, Mishawaka, IN 46544. Laidig is willing to grant access to and use of the Sites to you solely upon your acceptance of all of the terms and conditions of these Terms of Use without modification.
BY ACCESSING OR USING ANY SITE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE AND ARE REPRESENTING THAT YOU ARE AUTHORIZED TO ACCESS AND USE THE SITES AND ARE LAWFULLY ABLE TO ENTER INTO THESE TERMS OF USE AND HAVE THE LEGAL AUTHORITY TO BIND ANY ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
We reserve the right, in our sole discretion, to update or modify these Terms of Use at any time. Your continued access to and use of the Sites following the posting of any changes to these Terms of Use constitutes acceptance of those changes. Please review the most current version of these Terms of Use at any time.
Networked Websites
Laidig may use Laidig.com as an entry into other networked websites operated by Laidig and its subsidiaries ("Networked Sites"). Notwithstanding anything to the contrary in these Terms of Use, additional or different terms and conditions may apply to certain Networked Sites. If applicable, such additional or different terms and conditions will be posted on the relevant Networked Sites. If a Networked Site has imposed additional or different terms and conditions, the provisions of that Networked Site shall control in the event of a conflict with these Terms of Use. Except as expressly supplemented or superseded as described herein, these Terms of Use apply to all Networked Sites and control your use thereof.
Use of Site
You may access and use the Sites solely in accordance with these Terms of Use. You will strictly adhere to all laws, rules, regulations and Laidig policies applicable to the access and use of the Sites, including
those laws, rules and regulations that apply to online conduct, online content, and the export of data to and from the United States and your country of residence. In addition you will not:
• Access, acquire, copy or monitor any portion of any Site, or in any way reproduce or circumvent the navigational structure or presentation of any Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through any Site, including through the use of any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process.
• Attempt to gain unauthorized access to any portion or feature of any Site, or any other systems or networks connected to any Site or to any server, including by hacking, password "mining" or any other illegitimate means.
• Probe, scan or test the vulnerability of any Site or any network connected to any Site, nor breach the security or authentication measures on any Site or any network connected to any Site.
• Reverse look-up, trace or seek to trace any information on any other user of or visitor to any Site, or any other customer of Laidig, including but not limited to personal identification or information.
• Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of any Site or Laidig’s systems or networks, or any systems or networks connected to any Site or to Laidig.
• Use any device, software or routine to interfere or attempt to interfere with the proper working of any Site, any transaction being conducted on any Site, or with any other person's use of any Site.
• Distribute viruses or any other technologies that may harm Laidig or the interests of property any other person or entity, including any other user of any Site.
• Circumvent or manipulate our fee structure, the billing process or fees owed to Laidig, its dealers or its business associates.
• Forge or manipulate identifiers in order to disguise the origin of any message or transmittal you send to Laidig on or through any Site.
• Pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
• Use any Site for any purpose that is unlawful, prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Laidig or others.
Intellectual Property Rights
Except to the extent expressly provided in these Terms of Use under the heading "Grant of License", you agree and acknowledge:
• That Laidig owns or licenses any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary or moral rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide ("Intellectual Property Rights") in connection with or relating to the Sites and Content, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content or contained on the Sites ("Laidig IP").
• That you have no right, license, or interest in any Intellectual Property Rights in connection with or relating to any Site or Content.
• Laidig owns all right, title and interest in and to any replacements, improvements, updates, enhancements, derivative works and other modifications (including, without limitation, the incorporation of any ideas, methods or processes provided by or through you) to Laidig IP made by any person, even if paid for by you and regardless of whether or not they are similar to any of your Intellectual Property Rights. You will undertake any and all action necessary to vest such ownership in Laidig, including without limitation assigning (and you hereby assign) to Laidig all rights in and to such
Intellectual Property Rights, including, without limitation, patent applications, patents, moral rights and copyrights arising from or relating to any Site or Content. • No part of any Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Laidig’s express prior written consent.
• That all marks that appear throughout the Sites and Content belong to Laidig, or the respective owners of such marks, and are protected by U.S. and international trademark and copyright laws. Any use of any of such marks without the express written consent of Laidig or the owner of the mark, as appropriate, is strictly prohibited.
• Laidig may, at its sole discretion, disable and terminate access to the Sites and Content by any persons or entity that may be infringing the Intellectual Property Rights of Laidig or others.
Grant of License
Laidig grants you a limited, non-exclusive, non-transferable, non-assignable license (without the right to sublicense) to access and use the Sites solely in a commercially reasonable manner for your legitimate internal business purposes and purposes otherwise consistent with these Terms of Use. You may not:
• Reproduce, modify, publish, distribute, publicly display, adapt, alter, translate, or create derivative works from any Site or Content.
• Sublicense, lease, sell, rent, loan, or otherwise transfer any Site or Content to any third party.
• Reverse engineer, de-compile, disassemble, or otherwise attempt to derive the source code for any Site or Content.
• Otherwise use or copy any Site or Content except as expressly allowed under this Grant of License and the terms of these Terms of Use.
• Use any Site or Content in a "service bureau" or similar structure whereby third parties obtain use of any Site or Content through you.
• Remove, obscure, or alter any copyright, trademark, or other proprietary notices embedded in, affixed to or accessed in conjunction with any Site or Content.
Copyright Agent
Laidig respects the rights of all copyright holders and in this regard, Laidig has adopted and implemented a policy that provides for the removal from its Sites of materials that infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Laidig’s Copyright Agent all of the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• Information reasonably sufficient to permit us to contact the complaining party.
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Laidig’s Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:
Copyright Agent
14535 Dragoon Trail
Mishawaka, IN 46544
Submissions
Do not use this Site as a means of submitting information you consider to be proprietary. Except as otherwise expressly provided in the terms of use for your transactions with a Networked Site or in a written agreement with Laidig applicable to your particular use of a Networked Site, any submission of materials by you will be considered a contribution to Laidig for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Laidig, or postings on this Site, are non-confidential (subject to Laidig’s Privacy Policy) and shall become the sole property of Laidig. Laidig shall own exclusive rights, including all Intellectual Property Rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Laidig, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
Privacy
By accessing or using any Site, you confirm that you have received a copy of the specific Privacy Notice applicable to such Site (available from the Site) and Laidig Data Privacy Statement and that you understand and agree that your personal information will be collected, shared, and otherwise processed in accordance with the Privacy Notice and Privacy Statement.
Interactive Forums and User Materials
The Sites may, from time to time, include discussion forums and interactive areas. Without limiting any other provisions of these Terms of Use, by using the forums or interactive areas, you agree not to do any of the following:
• Upload to, distribute or otherwise publish through any Site any message, data, information, text or other material ("User Materials") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
• Upload or transmit any User Materials that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
• Upload or transmit any User Materials that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Materials.
• Without Laidig’s written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.
• Laidig takes no responsibility and assumes no liability for any User Materials posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, if any, Laidig is only a forum and is not liable for any statements, representations, or User Materials provided by its users.
Laidig has the right, but not the obligation, to monitor any activity and User Materials associated with its forums and interactive areas. Laidig may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted User Materials. Laidig reserves the right and has absolute discretion, to remove, screen or edit any User Materials that violate these provisions or is otherwise objectionable.
You shall remain solely liable for of any messages or other User Materials you upload or transmit to any Site, including the discussion forums or interactive areas of any Site.
Forward Looking Statements
The Sites, and any documents issued by Laidig available through any Site, may contain statements that relate to future events and expectations and are forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Words such as “believe,” “estimate,” “will be,” “will,” “would,” “expect,” “anticipate,” “plan,” “project,” “intend,” “could,” “should” or other similar words or expressions often identify forward-looking statements. All statements other than statements of historical fact are forward-looking statements, including, without limitation, statements regarding our outlook, projections, forecasts or trend descriptions. These statements do not guarantee future performance, and we do not undertake to update our forward-looking statements. Laidig’s actual results may differ materially from those described or implied in our forward-looking statements based on a number of factors, including, but not limited to: (i) global economic conditions and economic conditions in the industries and markets we serve; (ii) government monetary or fiscal policies and infrastructure spending; (iii) commodity or component price increases, fluctuations in demand for our products, or limited availability of raw materials and component products, including steel; (iv) our and our customers’, dealers’ and suppliers’ ability to access and manage liquidity; (v) political and economic risks and instability, including national or international conflicts and civil unrest; (vi) our ability to: maintain credit ratings, avoid material increases in borrowing costs, and access capital markets; (vii) the financial condition and credit worthiness of customers; (viii) changes in interest rates or market liquidity; (ix) changes in financial services regulation; (x) inability to realize expected benefits from acquisitions; (xi) international trade and investment policies; (xii) market acceptance of our products and services; (xiii) changes in the competitive environment, including market share, pricing and geographic and product mix of sales; (xiv) successful implementation of capacity expansion projects, cost reduction initiatives and efficiency or productivity initiatives; (xv) inventory management decisions and sourcing practices of our dealers or original equipment manufacturers; (xvi) compliance with environmental laws and regulations; (xvii) alleged or actual violations of trade or anti-corruption laws and regulations; (xviii) additional tax expense or exposure; (xix) currency fluctuations; (xx) our compliance with financial covenants; (xxi) union disputes or other labor matters; (xxii) significant legal proceedings, claims, lawsuits or investigations; (xxiii) compliance requirements imposed if carbon emissions legislation
and/or regulations are adopted; (xxiv) changes in accounting standards; (xxv) failure or breach of information technology security; and (xxvi) adverse effects of natural disasters.
Press Releases
The Content contained within press releases issued by Laidig should not be deemed accurate or current except as of the date the release was posted. Laidig has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
No Warranties
LAIDIG, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, DEALERS, AFFILIATES, AGENTS AND LICENSORS (THE "LAIDIG PARTIES") DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF ANY SITE OR CONTENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) THE SITES AND CONTENT ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; (b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LAIDIG PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, (1) WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALINGS OR USAGE OF TRADE, (3) WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITES AND CONTENT, AND (4) WARRANTIES THAT ACCESS TO OR USE OF THE SITES OR CONTENT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE; AND (c) THAT YOU WILL ACCESS OR USE THE SITES AND CONTENT OFFERINGS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS OR USE. NOTWITHSTANDING YOUR USE OF THE SITES AND CONTENT AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH THEM (WHETHER ACCURATE OR INACCURATE) REGARDING THE OPERATION, MAINTENANCE OR PERFORMANCE STATUS OF THE MACHINES, YOU ARE SOLELY RESPONSIBLE FOR, ASSUME ALL RISK RELATED TO, THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF THE MACHINES. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY GRANTED IN THESE TERMS OF USE.
Limitation of Liability; Remedy
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE LAIDIG PARTIES BE LIABLE TO YOU OR A THIRD PARTY (INCLUDING ANY CUSTOMER) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, VIRUS INFECTIONS, SYSTEM OUTAGES AND THE LIKE) ARISING OUT OF, BASED ON OR RESULTING FROM THESE TERMS OF USE OR YOUR ACCESS TO, USE OF, MISUSE OF OR INABILITY TO USE ANY SITE OR CONTENT, EVEN IF LAIDIG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF ANY REMEDY PROVIDED UNDER THESE TERMS OF USE AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS. IN NO EVENT SHALL LAIDIG’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND
CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT THAT YOU HAVE PAID TO LAIDIG WITHIN THE MOST RECENTLY TERMINATED MONTH FOR YOUR ACCESS OR USE OF THE RELEVANT SITE AND CONTENT.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
Indemnification
You agree to indemnify, defend and hold harmless each of the Laidig Parties from and against any and all claims, lawsuits, demands, actions or other proceedings brought against it by any third party due to, arising out of or related to your (a) use of any Site (including any messages or other User Materials you may post or upload to any interactive forum), (b) violation of these Terms of Use, or (c) violation of any law, regulation or third party rights. You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by the Laidig Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding.
Termination
Laidig, in its sole discretion, may terminate your username and password and your right to access or use the Sites and Content at any time for any reason. The license granted herein will automatically terminate without further action of Laidig if you breach these Terms of Use or you fail to comply with any of the restrictions as recited herein. Upon the termination of these Terms of Use for any reason, you will cease all use of the Sites and Content The provisions under the headings No Warranties, Limitation of Liability; Remedy, Indemnification, Import and Export Compliance, Contractual Statute of Limitations, Dispute Resolution and Mandatory Arbitration, and Choice of Law; Severability shall survive the termination of these Terms of Use.
Updating Sites
We reserve the right, in our sole discretion, to change any and all Sites and Content at any time without notice, including the removal of any Sites and Content. As new or enhanced versions of the Sites are made available, we may require that you update your current version of the related software. Unless otherwise explicitly stated by Laidig, any new or enhanced versions of the Sites, Content and Services are subject to the terms of these Terms of Use.
Linked Sites
The Sites may contain links to other independent third-party Web sites or resources ("Linked Sites"). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under Laidig’s control, and Laidig is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Import and Export Compliance
You may not use or otherwise export or re-export the Sites or Content except as authorized by United States law and the laws of the jurisdiction in which Site, Content and Service Offerings was obtained. In particular, but without limitation, the Sites and Content may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. You represent and warrant that your access and use of the Sites and Content will not violate any such laws and that you are not located in any such country or on any such list. You also agree that you will not use any Site or Content for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
U.S. Government Rights
The Sites and Content are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Contractual Statute of Limitations
You agree that you will not assert against Laidig any claim or make a demand for dispute resolution arising directly or indirectly under or in connection with these Terms of Use that relates to, or assert as a cause for action, any event which occurred more than 12 months after the earliest date on which the facts are based were or could, with the exercise of reasonable diligence, have been known to you.
Dispute Resolution and Mandatory Arbitration
All disputes, claims and controversies relating in any way to your use of the Sites or Content, or to any products or services sold or distributed by such Sites, or otherwise arising out of or relating to these Terms of Use will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Cory Hamel, Laidig Systems, Inc., 14535 Dragoon Trail, Mishawaka, IN 46544. The arbitration will take place in South Bend, Indiana in accordance with the American Arbitration Association (AAA) Commercial Arbitration Rules and Mediation Procedures. Your request for arbitration must be post marked within the time period specified above under "Contractual Statute of Limitations." In no event shall demand for arbitration be made or permitted after the date when the institution of legal or equitable proceedings based on such Dispute would be barred by the applicable statute of limitations.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
The arbitration panel shall consist of one individual appointed by Laidig and you. Such individual shall (i) have been selected from the AAA's list of potential arbitrators, (ii) have at least 10 years of experience in the discipline which is the subject of the Dispute, and (iii) be an attorney whose 10 years of experience has been in the realm of litigating and arbitrating issues which are of the subject of the Dispute. If Laidig and you fail to mutually agree upon an arbitrator within 15 business days after receipt of the request to arbitrate, then the arbitration panel shall be selected by the administrative office of the AAA. Such office shall, within five days after notice by any party to these Terms of Use, select a single arbitrator who complies with the requirements otherwise set forth in this paragraph. The arbitrator shall render its decision as soon as reasonably possible after its appointment and must follow the terms of these Conditions of Use.
This agreement to arbitrate shall be specifically enforceable in any court having jurisdiction thereof. Any decision rendered by the arbitrator pursuant to any arbitration shall be final and binding upon the parties, and judgment may be entered upon in in accordance with applicable law in any court of competent jurisdiction.
The prevailing party in any arbitration or court proceedings shall be reimbursed by the other party for all costs, expenses and charges, including, without limitation, reasonable attorneys' fees, incurred by the prevailing party.
Choice of Law; Severability
These Terms of Use shall be governed by the laws of the State of Indiana, U.S.A. (regardless of the laws that might be applicable under its principles of conflict of laws). Each party submits to the exclusive jurisdiction of the courts of that place. If any provision of these Terms of Use, or the application thereof, is determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of these Terms of Use, all of which shall remain in full force and effect, and such other provisions will be interpreted so as best to reasonably effect the intent of the parties. The parties further agree to replace any such invalid or unenforceable provision with a valid and enforceable provision designed to achieve, to the extent possible under applicable law, the business purpose and intent of such invalid or unenforceable provision. The laws of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of Indiana and of the United States. If any Content or User Materials on any Site, or your use of any Site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
Entire Agreement
These Terms of Use (including, to the extent applicable, any additional terms and conditions for any particular Networked Site and any end user license agreement for any associated software, including mobile applications) constitutes the entire agreement between you and us with respect to the Sites and Content and supersedes and replaces all prior agreements. The section titles in the Agreement are for convenience only and have no legal or contractual effect. The terms and conditions of any quotation, offer, acknowledgement, invoice, or similar document, however designated, directly or indirectly made or issued by you shall not apply.
Inquiries
Should you have any questions concerning these Terms of Use, write to:
Laidig Systems, Inc.
14535 Dragoon Trail
Mishawaka, Indiana 46544
Attn: Cory Hamel
Social Media Photo and Video Terms and Conditions
By submitting content through any of our social media channels, I hereby agree to the following Terms & Conditions:
1. USE OF NAME, HANDLE, TEXT, PHOTO, VIDEO, LIKENESS and INTELLECTUAL PROPERTY
I hereby grant to Laidig Systems Inc. ("Laidig"), its subsidiaries and affiliated companies, and their respective successors and assigns (collectively, the "Permitted Parties") a non-exclusive, irrevocable (except as specified in Section 3 herein under Takedown), unlimited, perpetual, royalty-free, fully-sublicensable, fully paid up, worldwide license, and the right(s) and permission(s) to use my name and/or handle, image(s), and likeness, and the text and photograph(s) and/or video(s) posted to a social media platform including, but not limited to Twitter, Facebook and Instagram by using the Permitted Parties’ promotional hashtag (collectively, the "Content") on Laidig.com and other websites controlled by Laidig or its subsidiaries and affiliated companies (collectively, “Laidig Websites”), Facebook, Instagram, Twitter, other social media platforms and other websites (collectively, “Platforms”), and in other print, audio and video marketing and advertising avenues (“Advertising”).
I agree that the Content may be used, copied, distributed, published, exhibited, digitized, publicly displayed, reproduced, altered, edited, manipulated, and otherwise used via any medium and by whatever means, in whole or in part, anywhere in the world, at any time, for an unlimited number of projects, for any and all purposes of advertising, marketing or trade in promoting and publicizing the Permitted Parties.
I agree that I shall have no right of approval, no claim to compensation (including, but not limited to royalties), and no claim (including, without limitation, claims based upon invasion of privacy, defamation, right of publicity, copyright infringement or trademark infringement) arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the Content. Furthermore, I irrevocably waive any and all so-called moral rights I may have in the Content. To the extent I provide any personal information, I agree to comply with Laidig Data Privacy Statement.
2. COMPLIANCE WITH TERMS FOR THIRD PARTY PLATFORMS
I acknowledge and agree that in order to post Content on the Platforms, I will be in full compliance with the terms and conditions of such Platforms.
You should carefully read the privacy statements of any such Platforms.
3. TAKEDOWN
If I want my Content removed from the Platforms, Laidig Websites and Advertising, I will contact Laidig.
4. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION BY USER
I represent and warrant: (a) I am 18 years old or older; (b) I have the legal right to post the Content; (c) neither the Content nor the use of the Content by the Permitted Parties will infringe upon or violate the intellectual property rights or other rights, including, without limitation, any right of publicity,
trademark, patent and/or copyright, of any other person or entity or any applicable laws; (d) the Content does not contain any content that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous, or libelous or otherwise depicts inappropriate behavior; and (e) the Content does not contain any advertising or other commercial content. I hereby agree to indemnify, defend and hold harmless each of the Permitted Parties from and against any and all claims, lawsuits, demands, actions or other proceedings of any kind brought against it by any third party and from any and all damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by the Permitted Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding: (a) relating to or arising out of any breach or alleged breach of any of my warranties, representations or agreements hereunder, (b) violation of these Social Media Terms And Conditions, or (c) violation of any law(s), regulation(s) or third party rights.
I shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by the Permitted Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding.
5. TERMS OF USE AND LAIDIG SOCIAL MEDIA COMMUNITY GUIDELINES
Except as otherwise expressly set forth in these Social Media Terms and Conditions, I hereby understand and agree to the Terms of Use and such Terms of Use are hereby incorporated as if fully set forth herein. I further agree to comply with the Laidig Social Media Community Guidelines.
6. NO OBLIGATION TO USE
I understand and agree: (a) that Permitted Parties shall have no obligation to use the Content (or any part thereof) in any way; and (b) that Permitted Parties may remove the Content (or any part thereof) from the Platforms, Laidig Websites, or Advertising at any time for any reason in Permitted Parties' sole discretion. I further understand and agree that Permitted Parties will not use any Content or other materials it finds inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous, or that Permitted Parties believes may violate or infringe another's rights, including, without limitation, privacy, publicity or intellectual property rights.
LAIDIG SYSTEMS, INC. SMS TERMS AND CONDITIONS (US-BASED TEXT MESSAGING PROGRAMS)
IMPORTANT! PLEASE READ THESE LAIDIG SYSTEMS, INC. SMS TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR ANY LAIDIG SYSTEMS, INC. (“LAIDIG” OR “WE” OR “US”) TEXT MESSAGING PROGRAM. BY SIGNING UP FOR ONE OR MORE OF LAIDIG’S TEXT MESSAGING PROGRAMS, YOU AGREE TO ABIDE BY AND BE BOUND TO THESE LAIDIG SYSTEMS, INC. SMS TERMS AND CONDITIONS. FURTHERMORE, THESE LAIDIG SYSTEMS, INC. SMS TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECTS HOW DISPUTES WITH LAIDIG ARE RESOLVED.
By signing up for one or more text messaging programs, you expressly consent to receive marketing or non-marketing text messages, as applicable, from Laidig and others texting on its behalf, at the telephone number(s) that you provide. You may opt-out of these communications at any time. Consent to receive text messages is not a condition of any purchase.
Program Description
Laidig text messages are intended to provide you with marketing and promotional information regarding Laidig products and services (e.g., events and promotions offered by Laidig or any of its authorized dealers). We may also provide you with transaction-related information.
Message Frequency
The number of Laidig text messages that you receive will vary depending on which Laidig text messaging programs for which you sign up to receive messages and the frequency of the messages sent by those programs.
Cost
Message and data rates may apply to each text message sent or received in connection with Laidig text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Laidig does not impose a separate fee for sending Laidig text messages; however, you are responsible for any fees imposed by your mobile carrier of any kind whatsoever.
How to Opt-In
To opt-in to receive text messages from a Laidig text messaging program(s), please follow the instructions provided by the specific program from which you wish to receive messages. For example, you may be asked to reply in the affirmative in the manner indicated in an initial text message (e.g., Y or Yes).
How to Opt-Out
To stop receiving text messages from a specific Laidig text messaging program, text STOP to the five-digit short code for the text messaging program from which you no longer wish to receive messages (i.e., the five-digit number from which its text messages are being sent). You acknowledge that you may then receive one (1) final message from Laidig confirming your opt-out of that text messaging program. Following such confirmation message, no additional text messages associated with that program will be sent to you unless you re-activate your subscription. This will only opt you out of the specific text messaging program associated with that five-digit short code. You will remain opted in to other Laidig text messaging programs.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you enroll. You are responsible for notifying Laidig immediately if you change your mobile telephone number.
You agree to indemnify Laidig in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Laidig if you change your telephone number including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Access or Delivery to Mobile Network is Not Guaranteed
It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile
device is capable of receiving text messages. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier.
Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Laidig’s control, and Laidig is not responsible or liable for issues arising from such network services (e.g., delayed or undelivered messages or the security of any messages).
Eligibility
To receive Laidig text messages, you must be a resident of the United States and 18 years of age or older. Laidig reserves the right to require you to prove that you are at least 18 years of age.
Changes to Terms and Conditions
Laidig may revise, modify, or amend these Laidig Inc. SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Laidig’s website (/). You agree to review these Laidig Systems, Inc. SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Laidig text messages will indicate your acceptance of those changes.
Termination of Text Messaging
We may suspend or terminate your receipt of Laidig text messages if we believe you are in breach of these Laidig Systems, Inc. SMS Terms and Conditions. Your receipt of Laidig text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Laidig reserves the right to modify or discontinue, temporarily or permanently, all or any part of Laidig text messages, with or without notice.
Privacy
Your privacy is important to us. Please review our privacy statement.
Arbitration and Class Action Waiver
Please read this carefully. It affects your rights.
Any dispute or claim relating in any way to your receipt or use of Laidig text messages will be resolved by binding arbitration, rather than court.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and Laidig or Laidig’s employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or Laidig may take claims to small claims court if the dispute qualifies for hearing by such court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation,
or legal or equitable theory. You and Laidig hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the JAMS International Arbitration Rules in effect at the time of filing of the arbitration (the “JAMS Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in these Laidig Systems, Inc. Terms and Conditions, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the JAMS Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND LAIDIG ARE EACH WAIVING THE RIGHT TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF JAMS WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND LAIDIG AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Arbitration under this agreement shall be held in the United States county where you live or work, Illinois, or any other location we mutually agree to, subject to Illinois law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by contacting Laidig and providing the requested information as follows: (1) your name, (2) your address, (3) your phone number, (4) the URL containing the Arbitration and Class Action Waiver provision for the Laidig Systems, Inc. SMS Terms and Conditions, and (5) clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be emailed no later than 30 days after the date you first accept these Laidig Systems, Inc. Terms and Conditions.
Limitation of Liability
To the fullest extent permissible pursuant to applicable law, we are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.
Applicable Law
Except as otherwise provided herein, your use of this service under this agreement is governed by the laws of the State of Indiana.
Severability
If any term of these Laidig Systems, Inc. Terms and Conditions is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the party seeking such compensation.
Vendor, by and through its authorized representative enters into the following indemnification, defense, and hold harmless agreement with Laidig Systems, Inc. ("Laidig"), for good, valuable, and sufficient consideration promised or paid by Laidig:
- Vendor shall defend, indemnify, and hold Laidig completely harmless from and in regard to any demand, claim, or judgment in connection with any allegation of breach of contract, breach of warranty, or negligence - with respect to the design, manufacture, construction, assembly, packaging, shipment, delivery, installation, and/or repair of any silo or other product or component part thereof - by Vendor or Vendor's subcontractors or suppliers.
- Vendor shall pay all reasonable attorney's fees and expenses incurred by Laidig in connection with the investigation and defense of any such demand, claim, or judgment. Laidig shall have the right to select its defense counsel, subject to Vendor's consent, which shall not be unreasonably withheld; provided, however, that Laidig and/or its insurance company shall have sole discretion to select Laidig's defense counsel in any case in which a claim against Laidig may be covered. Vendor's obligations under this agreement shall not be affected by Laidig's available insurance coverage.
- Laidig may agree to Vendor's Terms and Conditions, if any, only to the degree that Vendor's Terms and Conditions do not in any way conflict, contradict, modify, or eliminate the provisions set forth herein.
- Any indemnification obligations assumed by Laidig shall not apply to that portion of any injury, loss, or damage proximately caused by the international or negligent acts or omissions of Vendor, its agents, or its employees.
- Notwithstanding any of the Terms and Conditions set forth herein or set forth by Vendor, Vendor hereby agrees that to the fullest extent permitted by law, Laidig shall not be liable for any special, indirect, or consequential damages whatsoever arising out of or in any way related to this transaction.
- This document constitutes the entire agreement between Vendor and Laidig in regard to either Party's duty to defend and indemnify the other, but it shall include any current and/or future purchase orders and/or other agreements between Vendor and Laidig, which are incorporated herein by reference, as if set fort word for word herein-immediately below.
- This agreement shall be interpreted and governed by Indiana law, and any and all disputes between the parties shall be litigated in Circuit Court (state court) of St. Joseph County, Indiana. The prevailing party in any such dispute shall be entitled to its reasonable attorney's fees, costs, and expenses.
- If any of the terms of this Agreement are declared unenforceable, the remaining terms shall continue to be enforceable.
Laidig Systems, Inc. ("Laidig") warrants that service, replacement parts and components for its Storage and Reclaim System will be free from defects in material and workmanship, and will perform to specification, for a period of 12 months from date of shipment (in the case of parts), or completion (in the case of service).
The reclaim system must be operated and maintained in accordance with the Laidig Operation and Parts Manual, and the material specifications must remain in compliance with the design parameters specified at the time of sale; otherwise, Laidig's warranty shall be void. Any modification to the system, any operation of the system outside of the original design parameters, or any failure to maintain, service, or operate the system in accordance with the Laidig Operation and Parts Manual, without Laidig's approval in writing, shall likewise void this warranty.
Laidig's sole obligation under this warranty is limited to providing parts and service necessary to repair, replace, or modify the warranted parts and components, at Laidig's sole discretion, in order to ensure their performance to specification. Subject to Laidig's request, any part or parts shall be returned to Laidig for repair or further examination with shipping costs prepaid by the end user.
Laidig shall not be liable by virtue of this warranty, or otherwise, for any injury, property damage, cost, expense, other financial loss, and/or other damage loss or claim that is suffered by the purchaser, distributor, end-user, and/or employees or agents of the same as a result of an alleged defect in the design and/or manufacture of the system or of any one or more of its components; the potential liability of Laidig to Purchaser and/or any assignee of Purchaser, in regard to any claims at law or in equity, shall be limited to a claim under this warranty, and the remedies to which Purchaser or any assignee of Purchaser may be entitled shall be strictly limited to the remedies that are provided herein.
This warranty does not apply to normal wear and usage. It is reasonable to expect that certain items such as belts, auger knives or cupped blades, flighting, and discharge tubes or U-troughs will wear out and require replacement from time-to-time. Depending on usage conditions, certain parts may require replacement due to normal wear after relatively short periods of usage. Such wear is not a defect and is not covered by this warranty.
This warranty and any legal action taken in connection therewith, or in connection with Laidig's reclaim system, shall be governed by Indiana law. Any legal action taken in connection with this warranty or Laidig's reclaim system shall be filed and litigated in the Circuit Court of St. Joseph County, Indiana, and the prevailing party in any such action shall be entitled to all reasonable attorney's fees and costs incurred in connection with the same.
All warranties, rights, claims, and remedies that are not expressly provided herein are waived and released to the fullest extent permitted by law. Laidig expressly rejects all additions, exceptions, or changes to this limited warranty, as well as any additional or different terms contained in any of the purchasers forms or documents, including but not limited to purchaser's purchase order, terms and conditions or similar document, unless approved by Laidig in writing.