DATA PRIVACY NOTICE APPLICABLE TO THE EU AND SWITZERLAND

Issued: 15 May 2018 (VERSION 1.01)

In this Data Privacy Notice (the “Privacy Notice”):

  • OPEX Corporation, with offices located in New Jersey, United States of America (“OPEX Corporation”), describes how www.opex.com (the “Website”) operates and how OPEX Corporation collects, uses, and shares information, including personal data, gathered from visitors to the Website or in the course of business activities conducted by OPEX Corporation elsewhere, when OPEX Corporation acts as the controller of that data and when its processing is governed by the European Union’s (“EU’s”) General Data Protection Regulation (“GDPR”) or Swiss data protection law.
  • The registered branch offices and subsidiaries of OPEX Corporation listed in Appendix A (an “OPEX Branch/Subsidiary”) describe how each of them independently collects, uses, and shares information, including personal data, gathered in the course of conducting its business when the OPEX Branch/Subsidiary acts as a controller of that data and when the OPEX Branch/Subsidiary's processing is governed by the EU’s GDPR or Swiss data protection law.

This Privacy Notice may be updated periodically to reflect changes in OPEX Corporation’s or OPEX Branches/Subsidiaries’ information practices. The latest update will be indicted at the top of this Privacy Notice.

COLLECTING INFORMATION

OPEX Corporation and the OPEX Branches/Subsidiaries collect information that you provide to us as well as from third parties. Furthermore, OPEX Corporation collects information from you automatically when you use the Website.

Information You Provide To Us: OPEX Corporation and the OPEX Branches/Subsidiaries collect information that you provide to us when you solicit business from us, purchase products and services offered by us, perform supply or similar contracts with us, request information from us, contact us, register with us, complete a survey, submit an email. Furthermore, OPEX Corporation collects information from you when you use the Website or services available through the Website. The information referenced above may include your personal data including, by way of example, your name, postal address, telephone number, fax number, e-mail address, subscriber/screen name, and password used to access our services.

Data Collected from Third Parties: OPEX Corporation may obtain data from third parties and, where permitted by law, append this data to other data that OPEX Corporation already maintains about you. For additional information, see COOKIES AND OTHER TRACKING TECHNOLOGIES below.

Automatically Collected Data: OPEX Corporation and its third-party service providers collect data about you automatically when you visit the Website, namely through ‘cookies,’ ‘web beacons,’ and other tracking technologies. When you access the Website, communications data (e.g., home service domain name and Internet protocol address) or utilization data (e.g., information on the beginning, end, and extent of each access, as well as information on the services that you accessed) may be generated. As permitted by applicable law, OPEX Corporation and its third-party service providers may combine this information with the personal data that OPEX Corporation collects about you. For additional information, see COOKIES AND OTHER TRACKING TECHNOLOGIES below.

INFORMATION THAT WE REQUIRE

Where the collection and processing of personal data are required by law or to perform a contract, OPEX Corporation or an OPEX Branch/Subsidiary, as applicable, will request it from you. Failure to provide such data may result in OPEX Corporation or the OPEX Branch/Subsidiary being unable to provide products or services you request or to perform a contract to which you are a party.

USING YOUR INFORMATION

The following is an overview of the purposes for which OPEX Corporation and the OPEX Branches/Subsidiaries, as applicable, use your information, including your personal data. Additional details on how OPEX Corporation and the OPEX Branches/Subsidiaries process your personal data may be provided to you in a separate notice(s) or contract(s).

All processing (i.e., use) of your personal data is justified by a "condition" for processing. In addition, processing of sensitive personal data (such as passwords) is always specifically justified. In the majority of cases, processing will be justified on the basis that:

  • the processing is necessary for OPEX Corporation or the OPEX Branch/Subsidiary to perform a contract with you or take steps to enter into a contract at your request (such as when you request product information or provide your details to obtain after-sales service);
  • the processing is necessary for OPEX Corporation or the OPEX Branch/Subsidiary to comply with an EU or Swiss legal obligation (such as contractor vetting);
  • with respect to OPEX Corporation, the processing is in OPEX Corporation’s legitimate interests, and not overridden by your interests and fundamental rights, and notably OPEX Corporation's legitimate interests in using Website visitor, customer, and supplier data to conduct and develop OPEX Corporation’s business activities with such visitors, customers, suppliers, and others; or
  • with respect to an OPEX Branch/Subsidiary, the processing is in the legitimate interest of the OPEX Branch/Subsidiary and not overridden by your interests and fundamental rights, and notably the OPEX Branch/Subsidiary’s legitimate interests in using customer and supplier data to conduct and develop the OPEX Branch/Subsidiary’s business activities with such customers, suppliers, and others; or
  • you have consented to the processing.

OPEX Corporation and the OPEX Branches/Subsidiaries (or a third party operating on our behalf) may use your information, including your personal data, for the following purposes, as permitted by law:

  • To provide OPEX products and services to you; to communicate with you about your use of such OPEX products and services; to provide you with OPEX product updates/releases and news; to respond to your inquiries; to fill your orders; and for other customer service-related purposes.
  • To help OPEX Corporation and the OPEX Branches/Subsidiaries better understand your business needs; to support a potential or current customer relationship with you; and to better understand how OPEX Corporation and the OPEX Branches/Subsidiaries can improve OPEX products and services, such as by soliciting your comments or, in the case of OPEX Corporation, tracking your preferences when browsing the Website.
  • To contact you about OPEX products and services and to conduct surveys to better understand your needs as a potential or current customer.
  • For marketing and promotional purposes, including through email or equivalent electronic means. For example, OPEX Corporation and the OPEX Branches/Subsidiaries may use personal data such as an email address to send news and newsletters, special offers and promotions, and to otherwise contact customers about OPEX products, services, or information that we think may interest customers. OPEX Corporation and the OPEX Branches/Subsidiaries may also use personal data to assist them in advertising OPEX products and services on third-party websites where proper consent has been obtained.
  • For research and development purposes, including to improve OPEX products and services.
  • In the case of OPEX Corporation, to improve the Website by tracking your activities on the Website; to understand the demographics of visitors to the Website by tracking your activities on the Website; and for other research and analytical purposes.
  • To comply with applicable legal obligations, including to respond to a subpoena or court order.
  • To protect the rights and interests of OPEX Corporation and the OPEX Branches/Subsidiaries as well as the rights and interests of other customers, suppliers, visitors to the Website, or other third parties, where we believe it is necessary to do so to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of this Privacy Notice, or violations of OPEX Corporation’s Website Terms of Use (“Terms of Use”)

SHARING INFORMATION

OPEX Corporation and the OPEX Branches/Subsidiaries may share your information, including your personal data, for any of the reasons described in USING YOUR INFORMATION above as follows:

  • Affiliates and Subsidiaries. We may share the information that we collect from you with our other affiliates and subsidiaries, including affiliates and subsidiaries located outside of your home country.
  • Service Providers. We may share the information that we collect from you with third-party vendors, service providers, contractors, and agents who perform functions on our behalf. For example, we may use third parties to conduct surveys on our behalf, to perform information technology and other technical support functions, and for other purposes consistent with the purposes for which you have provided information to us.

We may also share your information in the following circumstances:

  • Business Transfers. If OPEX Corporation or an OPEX Branch/Subsidiary is acquired by or merged with another company, if all or substantially all of the assets of OPEX Corporation or an OPEX Branch/Subsidiary are transferred to another company, or as part of preparation for such a transaction or as part of a bankruptcy proceeding, OPEX Corporation or the OPEX Branch/Subsidiary, as applicable, may transfer in whole or in part the information we have collected from you to such other company.
  • In Response to Legal Process. We may also share the information that we collect from you to comply with the law, a judicial proceeding, court order, or another legal process, such as in response to a court order or a subpoena.
  • To Protect Us and Others. We may share the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of this Privacy Notice or the Terms of Use, or as evidence in litigation in which we, our affiliates, or subsidiaries are involved.
  • Aggregate and De-Identified Information. We may share aggregate or de-identified information with third parties for marketing, advertising, research, or similar purposes, including to assist us in determining relevant advertising platforms as well as to determine the success of our various campaigns.

COOKIES AND OTHER TRACKING TECHNOLOGIES

When you view the Website, OPEX Corporation and its service providers may store some data on your device in the form of a ‘cookie,’ ‘web beacon,’ or other tracking technologies (collectively, “cookies”) to automatically recognize your device when you visit the Website. Cookies can help OPEX Corporation in many ways. For example, cookies can allow OPEX Corporation to tailor your Website visit to better match your interests, as indicated by your activities when browsing the Website or other sites. Furthermore, cookies, for example, can be used to store your password, thereby saving you from having to re-enter the password each time that you visit the Website.

PLEASE SEE THE ADDITIONAL INFORMATION RELATING TO COOKIES, ‘WEB BEACONS,’ AND OTHER TRACKING TECHNOLOGIES USED BY OPEX CORPORATION AND ITS THIRD-PARTY SERVICE PROVIDERS IN OPEX CORPORATION’S COOKIES NOTICE APPLICABLE TO THE EU AND SWITZERLAND

CHILDREN

The Website is not for use by children under the age of 16 years, and OPEX Corporation does not knowingly collect, store, share, or use the personal data of children under 16 years. If you are under the age of 16 years, please do not provide any personal data, even if prompted by the Website to do so. If you are under the age of 16 years and you have provided personal data, please ask your parent(s) or guardian(s) to notify OPEX Corporation at info@opex.com, and OPEX Corporation will delete the personal data.

TRANSFERS OF YOUR INFORMATION

The Website is controlled, operated, and administered by OPEX Corporation from its offices within the United States of America.

Your information, including personal data, may be processed in the United States of America and any other country in which OPEX Corporation, the OPEX Branches/Subsidiaries, and/or their third-party suppliers have operations including without limitation France, Germany, India (for database administration and related IT support), the Republic of Ireland, Switzerland, and the United Kingdom of Great Britain and Northern Ireland. OPEX Corporation and the OPEX Branches/Subsidiaries will take steps to ensure that your personal data receives the same level of protection as if it remained within the European Union or Switzerland, including by entering into data transfer agreements, using the European Commission approved Standard Contractual Clauses or relevant national equivalents.

For transfers to OPEX Corporation in the United States and transfers within the OPEX Branches/Subsidiaries, we have put in place European Commission-approved Standard Contractual Clauses or relevant national equivalents. You have a right to obtain details of the mechanism under which your personal data is transferred outside of the EU or Switzerland by contacting us at info@opex.com.

RETENTION OF YOUR INFORMATION

OPEX Corporation and the OPEX Branches/Subsidiaries apply a general rule of keeping personal data only for as long as required to fulfill the purposes for which it was collected, which in most cases corresponds to the applicable statute of limitation. Personal data used for marketing will be retained no longer than is permitted pursuant to applicable law. However, in some circumstances OPEX Corporation and the OPEX Branches/Subsidiaries may retain personal data for other periods of time, for instance where we are required to do so in accordance with legal, tax, or accounting requirements, or if required to do so by a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required.

YOUR RIGHTS REGARDING YOUR INFORMATION

OPEX Corporation and the OPEX Branches/Subsidiaries will take steps in accordance with applicable law to keep your personal data accurately, complete, and up-to-date. You are entitled to have inadequate, incomplete, or incorrect personal data corrected (that is, rectified).

You also have the right to request access to your personal data as well as to obtain additional information about the processing.

In the event your personal data is processed on the basis of your consent, you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

Further, you are entitled to object to the processing of your personal data and have your personal data erased, under certain circumstances.

As from 25 May 2018, your rights include:

  • Data portability - where we are relying (as the legal basis for processing) upon your consent, or the fact that the processing is necessary to perform a contract to which you are party or to take steps at your request prior to entering a contract, and the personal data is processed by automatic means, you have the right to receive all such personal data which you have provided us in a structured, commonly used and machine-readable format, and also to require us to transmit it to another controller where this is technically feasible.
  • Right to erasure - you are entitled to have your personal data erased under specific circumstances, such as where you have withdrawn your consent, where you object to processing based on legitimate interests, and we have no overriding legitimate grounds (see below) or where personal data is unlawfully processed.
  • Right to the restriction of processing - you have the right to restrict our processing of your personal data (that is, allow only its storage) where:
    • you contest the accuracy of the personal data until we have taken sufficient steps to correct or verify its accuracy;
    • where the processing is unlawful but you do not want us to erase the personal data;
    • where we no longer need your personal data for the processing, but you require such personal data for the establishment, exercise or defense of legal claims; or
    • where you have objected to processing justified on legitimate interest grounds (see below), pending verification as to whether we have compelling legitimate grounds to continue processing.
  • Where your personal data is subject to restriction, we will only process it with your consent or for the establishment, exercise or defense of legal claims.

  • Right to object to processing (including profiling) based on legitimate interest grounds - where we are relying upon legitimate interests to process personal data, you have the right to object to that processing. If you object, we must stop that processing unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or we need to process the personal data for the establishment, exercise or defense of legal claims. Where we rely upon legitimate interest as a basis for processing, we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.
  • Right to object to direct marketing (including profiling) - you have the right to object to our use of your personal data (including profiling) for direct marketing purposes, such as when we use your personal data to invite you to our promotional events.
  • You also have the right to lodge a complaint with the supervisory authority of your habitual residence, place of work, or place of alleged infringement, if you consider that the processing of your personal data infringes applicable law.
  • Please contact us as indicated in EXERCISING YOUR RIGHTS; QUESTIONS AND COMMENTS below if you wish to exercise any of your rights, or if you have any inquiries or comments regarding the processing of your personal data.

SECURITY

To help protect your personal data against accidental or unlawful destruction, loss, or alteration, and against unauthorized disclosure, or access, OPEX Corporation and the OPEX Branches/Subsidiaries use technical and organizational security measures. However, please note that with respect to data transmissions over the Internet, no such transmissions, especially the use of email, can be guaranteed to be absolutely secure.

LINKS TO OTHER WEBSITES

Please be aware that the Website may contain links to other, third-party websites that operate independently from OPEX Corporation in whole or in part and to which this Privacy Notice does not apply. Such third-party websites may also reference or link to an OPEX Corporation website.

OPEX Corporation shall not be responsible for the privacy practices or the content of such third-party websites and disclaims any responsibility for such privacy practices and content. Without limiting the foregoing, any transactions that you enter into with any vendor, merchant, or other party that you access through such third-party websites are solely between you and that vendor, merchant, or other party.

This Privacy Notice shall not apply to any such third-party sites. For applicable provisions governing privacy on third-party sites, please refer to the privacy disclosures (if any) of the third-party site.

NOTICE TO POTENTIAL JOB APPLICANTS

The positions posted on the Website are for United States and Canadian job applicants only. If you are located outside the United States or Canada and wish to apply for a position, please contact the OPEX office closest to your home country directly.

EXERCISING YOUR RIGHTS; QUESTIONS AND COMMENTS

To exercise any of your rights, please contact us at info@opex.com or at the applicable postal address or telephone number below.

If you wish to update or remove your personal data, opt-out from receiving, or opt-in to receive, marketing communications from us, please do so by indicating your preference on the Website (where available) or by contacting us at the postal address or email address below.

If you have any questions or comments about this Privacy Notice (e.g., to review and update your personal data), please contact us at info@opex.com.

Alternatively, you may contact OPEX Corporation in the United States using the address and telephone number below, or you may contact the applicable OPEX Branch/Subsidiary using the relevant address(es) in Appendix A.

OPEX Corporation
305 Commerce Drive
Moorestown, New Jersey 08057-4234 USA
Email Address: info@opex.com
Telephone number: 856.727.1100
Attn.: Vice President, Corp. & Legal Affairs

CHANGES TO THIS POLICY

Any changes or updates we may make to this Privacy Policy will be posted to the Website’s privacy policy page in advance. Please check back frequently to see any updates or changes to this Privacy Policy.

APPENDIX A
OPEX BRANCH OFFICES/SUBSIDIARIES
Applicable Country Name and Address of the Branch Office/Subsidiary
France OPEX Corporation, France branch

Address: Director EMEA, OPEX, Les Fjords – Bâtiment Vega, 19, avenue de Norvège, ZA de Courtaboeuf, 91140 Villebon-sur-Yvette, FRANCE
Germany OPEX Corporation, Germany branch

Address: Director EMEA, OPEX, Auf der Lug 8, 71726 Benningen am Neckar, GERMANY
Republic of Ireland OPEX Business Machines GmbH, Republic of Ireland branch

Address: Director EMEA, OPEX, 104 Lower Baggot Street, Dublin 2, REPUBLIC OF IRELAND
Switzerland OPEX Business Machines GmbH

Address: Director EMEA, OPEX, Pilatussrasse 41, 6003 Luzern, SWITZERLAND
United Kingdom OPEX Corporation, United Kingdom branch

Address: Director EMEA, OPEX, 29/32 Queensbrook, Bolton Technology Exchange, Spa Road, Bolton BL1 4AY, UNITED KINGDOM