Privacy Statement, effective as of July 5, 2018

Soilworks believes that being the global leader in the dust control and soil stabilization industry is important to our customers. Our passion for cutting edge technology has lead us to invest heavily in both research and development.  As a result, Soilworks successful methodologies, formulations and performance provide our customers with the value, dependability and confidence that only our leadership can bring to the market.

This Soilworks Privacy Statement ("Privacy Statement") describes our privacy practices. Please read this Privacy Statement carefully to learn how we collect, use, share and otherwise process information relating to individuals ("Personal Data"), and your rights and choices regarding our processing of your Personal Data.

A reference to “Soilworks,” “we,” “us,” “our,” or the “Company” is a reference to Soilworks, LLC.

1. Processing activities covered

This Privacy Statement applies to the following processing activities:

      • Visiting our websites which display or link through to this Privacy Statement;
      • Visiting our offices;
      • Receiving communications from us, including emails, texts or fax;

Our websites may contain links to other websites, applications and services maintained by third parties. The information practices of such other services are governed by the third-party privacy statements, which we encourage you to review to better understand those third parties’ privacy practices.

2. Responsible Soilworks entity

Soilworks is the controller of your Personal Data and responsible for the collection, processing and disclosure of your Personal Data as described in this Privacy Statement, unless expressly specified otherwise.

3. What Personal Data do we collect?

3.1 Personal Data we collect directly from you

The Personal Data that we collect directly from you may include the following:

      • if you express an interest in obtaining additional information about our services, request customer support, use our "Contact Us" or similar features, or download certain content, we generally require you to provide us with your contact information, such as your name, job title, company name, address, phone number, or email address;
      • if you make purchases, we may also require you to provide us with financial information and billing information, such as billing name and address, credit card number, or bank account information;
      • if you use and interact with our websites, we automatically collect log files and other information about your device and your usage of our websites through cookies, web beacons or similar technologies, such as IP-addresses or other identifiers, which may qualify as Personal Data (view the "What device and usage data we process" section below);
      • if you visit our offices, you may be required to register as a visitor and to provide your name, email address, phone number, company name and time and date of arrival.

3.2 Personal Data we collect from other sources

We may also collect information about you from other sources, including third parties from whom we have purchased Personal Data, and combine this information with Personal Data provided by you. This helps us to update, expand and analyze our records, identify new customers, and create more tailored advertising to provide services that may be of interest to you. In particular, we collect Personal Data from the following sources:

      • Business contact information, including mailing address, job title, email address, phone number, ‘intent data’ which is web user behavior data, IP addresses, social handles, LinkedIn URL and custom profiles from third party data providers for the purposes of targeted advertising, delivering relevant email content, event promotion and profiling;

4. What device and usage data we process

We use common information-gathering tools, such as log files, cookies, web beacons and similar technologies to automatically collect information, which may contain Personal Data, from your computer or mobile device as you navigate our websites or interact with emails we have sent you.

4.1 Log Files

As is true of most websites, we gather certain information automatically via log files. This collected information may include your Internet Protocol (IP) address (or proxy server), device and application identification numbers, your location, your browser type, your Internet service provider and/or mobile carrier, the pages and files you viewed, your searches, your operating system and system configuration information, and date/time stamps associated with your usage. This information is used to analyze overall trends, to help us provide and improve our websites and to guarantee their security and continued proper functioning.

4.2 Cookies, web beacons and other tracking technologies

We use cookies and similar technologies such as web beacons, tags and Javascript alone or in conjunction with cookies to compile information about usage of our websites and interaction with emails from us. 

When you visit our websites, our servers or an authorized third party may place a cookie on your browser, which can collect information, including Personal Data, about your online activities over time and across different sites. Cookies allow us to track overall usage, determine areas that you prefer, make your usage easier by recognizing you and providing you with a customized experience.

We use both session-based and persistent cookies. Session cookies exist only during one session and disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer or device after you close your browser or turn off your computer. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our websites or services. To opt-out from tracking by Google Analytics, please use the specific opt-out mechanism as indicated further below.

We also use web beacons on our websites. For example, we may place web beacons in marketing emails that notify us when you click on a link in the email that directs you to one of our websites. Such tracking technologies are used to operate and improve our websites and email communications and track the clicking of links or opening of emails.

The following sets out how we use different categories of cookies and similar technologies, as well as information on your options for managing the settings for the data collection by these technologies:

Type of Cookies

Description

Managing Settings

Required cookies

Required cookies enable you to navigate our websites and use their features, such as accessing secure areas of the websites.

If you have chosen to identify yourself to us, we may place on your browser a cookie that allows us to uniquely identify you when you are logged into the websites and to process your online transactions and requests.

Because required cookies are essential to operate the websites there is no option to opt out of these cookies.

Functionality cookies

Functional cookies allow us to remember information you have entered or choices you make (such as your username, language, or your region) and provide enhanced, more personal features. 

Functional cookies may also be used to improve how our websites function and to help us provide you with more relevant messages, including marketing communications. These cookies collect information about how our websites are used, including which pages are viewed most often.

We may use our own technology or third-party technology to track and analyze usage and volume statistical information to provide enhanced interactions and more relevant communications, and to track the performance of our advertisements.

In particular, we use Google Analytics ("Google Analytics"), a web analytics service provided by Google, Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA as our processor. Google Analytics uses cookies to help us analyze how our websites are used, including the number of visitors, the websites visitors have come from, and the pages they visit. This information is used by us to improve our websites.

Soilworks may also utilize HTML5 local storage or Flash cookies for these purposes. Flash cookies and HTML local storage are different from browser cookies because of the amount of, type of, and how data is stored.

To manage the use of functional cookies on our websites, consult your individual browser settings for cookies. Note that opting out may impact the functionality you receive when using our websites.

To opt out from data collection by Google Analytics, you can download and install a browser add-on, which is available here.

To learn how to control functional cookies using your browser settings click here.

To learn how to manage privacy and storage settings for Flash cookies click here.

All cookies placed by Soilworks and listed above expire after 60 months.

4.3 Opt-Out from the collection of device and usage data

You may opt-out from the collection of device and usage data (see "What device and usage data we process" section above) by managing your cookies at the individual browser level. In addition, if you wish to opt-out of interest-based advertising click here, or if located in the European Union click here). Please note, however, that by blocking or deleting cookies and similar technologies used on our websites, you may not be able to take full advantage of the website.

While some internet browsers offer a “do not track” or “DNT” option that lets you tell websites that you do not want to have your online activities tracked, these features are not yet uniform and there is no common standard that has been adopted by industry groups, technology companies or regulators. Therefore, we do not currently commit to responding to browsers' DNT signals with respect to our websites. Soilworks takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.

4.4 Social Media Features

Our websites may use social media features, such as the Facebook “like” button, the “Tweet” button and other sharing widgets (“Social Media Features”). You may be given the option by such Social Media Features to post information about your activities on a website to a profile page of yours that is provided by a third party social media network in order to share with others within your network. Social Media Features are either hosted by the respective social media network or hosted directly on our website. To the extent the Social Media Features are hosted by the respective social media networks, the latter may receive information that you have visited our website from your IP address. If you are logged into your social media account, it is possible that the respective social media network can link your visit of our websites with your social media profile.

Your interactions with Social Media Features are governed by the privacy policies of the companies providing the relevant Social Media Features.

4.5 Telephony log information

If you use certain service features, we may also collect telephony log information (like phone numbers, time and date of calls, duration of calls, SMS routing information and types of calls), device event information (such as crashes, system activity, hardware settings, browser language), and location information (through IP address, GPS, and other sensors that may, for example, provide us with information on nearby devices, Wi-Fi access points and cell towers).

5. Purposes for which we process Personal Data and the legal basis on which we rely

We collect, process your Personal Data for the purposes and on the legal bases identified in the following:

      • Providing our websites: We will process your Personal Data to the extent this is necessary for the performance of our contract with you for the use of our websites and to fulfill our obligations under the applicable terms of use/service; where we have not entered into a contract with you, we base the processing of your Personal Data on our legitimate interest to operate and administer our websites and to provide you with content you access and request (e.g., download of certain content from our websites);
      • Promoting security of our websites: We will process your Personal Data by tracking use of our websites, creating aggregated, non-personal data, verifying accounts and activity, investigating suspicious activity, as well as violations of and enforcement of our terms and policies, to the extent this is necessary for the purpose of our legitimate interests in promoting the safety and security of the systems and application used for our websites, and protecting our rights and the rights of others;
      • Managing user registrations: We will process your Personal Data by managing your user account for the purpose of performing the contract with you according to any applicable terms of service;
      • Handling contact and user support requests: If you fill out a “Contact Us” web form, request support, or if you contact us by other means, we will process your Personal Data for the performance of our contract with you and to the extent it is necessary for the purpose of our legitimate interests to fulfill your request and communicate with you;
      • Managing payments: If you have provided financial information, we will process your respective Personal Data to check the financial qualifications and collect payments to the extent this is necessary for completing transaction with you under the contract entered into with you;
      • Developing and improving our websites: We will process your Personal Data to analyze trends, track your usage of our websites and interactions with emails to the extent this is necessary for our legitimate interests to develop and improve our websites and to provide our users with more relevant and interesting content;  
      • Managing office visitors: We will process your Personal Data for security reasons, to register who visited our offices and who signed the non-disclosure agreement that visitors may be required to sign.   
      • Displaying personalized advertisements and content: We will process your Personal Data to conduct marketing research, advertise to you, provide personalized information about us on and off our websites, and other personalized content based upon your activities and interests to the extent it is necessary for our legitimate interests to advertise our websites or, where necessary, to the extent you have provided your prior separate consent (please also view "Your rights relating to your Personal Data" below to learn how you can control how your Personal Data is processed by Soilworks for marketing purposes);
      • Sending marketing communications: We will process your Personal Data to send you marketing information, product recommendations and other non-transactional communications (e.g., marketing newsletters, SMS, or push notifications) about us and our affiliates and partners, including information about our products, promotions or events as necessary for our legitimate interests to conduct direct marketing or to the extent you have provided your prior separate consent (please also view "Your rights relating to your Personal Data" section below to learn how you can control how your Personal Data is processed by Soilworks for marketing purposes);
      • Complying with legal obligations: We will process your Personal Data when cooperating with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Data to protect our rights, and is necessary for our legitimate interests to protect against misuse or abuse of our websites, to protect personal property or safety, to pursue remedies available to us and limit our damages, to comply with a judicial proceedings, court order or legal process, and/or to respond to lawful requests.

Where we need to collect and process Personal Data by law, or under a contract we have entered into with you and you fail to provide that required Personal Data when requested, we may not be able to perform the contract.

6. Who do we share Personal Data with?

We may share your Personal Data with the following recipients:

      • Our contracted service providers which provide services such as IT and system administration and hosting, credit card processing, research and analytics, marketing, customer support and data enrichment;
      • We may also share your Personal Data with other affiliates within the Soilworks group to the extent this is necessary to fulfill a request you have submitted via our websites, or for customer support, marketing, technical operations and account management purposes;
      • If we are involved in a merger or reorganization, sell a website or business unit, or if all or a portion of our business, assets are acquired by another company, we may transfer some or all of your Personal Data to such third party. In accordance with applicable laws, we will use reasonable efforts to notify you of any such transfer of Personal Data to an unaffiliated third party as processing of your Personal Data will be required for the purposes set out in "Purposes for which we process Personal Data and on which legal bases" section above.

7. International transfer of information collected

Your Personal Data may be collected, transferred to and stored by us in the United States and by our affiliates in other countries where we operate.

Therefore, your Personal Data may be processed outside the EEA, and in countries which are not subject to an adequacy decision by the European Commission and which may not provide for the same level of data protection in the EEA. In this event, we will ensure that such recipient offers an adequate level of protection, for instance by entering into standard contractual clauses for the transfer of data as approved by the European Commission (Art. 46 GDPR), or we will ask you for your prior consent to such international data transfers.

8. Children

Our websites are not directed at children. We do not knowingly collect Personal Data from children under the age of 16. If you are a parent or guardian and believe your child has provided us with Personal Data without your consent, please contact us as described in the “Contacting Us” section below and we will take steps to delete such Personal Data from our systems.

9. How long do we keep your Personal Data?

We may retain your Personal Data for a period of time consistent with the original purpose of collection (see "Purposes for which we process Personal Data and on what legal basis" section above). We determine the appropriate retention period for Personal Data on the basis of the amount, nature, and sensitivity of your Personal Data, the potential risk of harm from unauthorized use or disclosure, and whether we can achieve the purposes of the processing through other means, as well as the applicable legal requirements (such as applicable statutes of limitation).

After expiry of the retention periods, your Personal Data will be deleted. If there is any information that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of the data.

10. Your rights relating to your Personal Data

10.1 Your rights

You have certain rights regarding your Personal Data, subject to local data protection laws. These may include the following rights:

      • to access your Personal Data held by us (right to access);
      • to rectify inaccurate Personal Data and ensure it is complete (right to rectification);
      • to erase/delete your Personal Data to the extent permitted by other legal obligations (right to erasure; right to be forgotten);
      • to restrict our processing of your Personal Data (right to restriction of processing);
      • to transfer your Personal Data to another controller to the extent possible (right to data portability);
      • to object to any processing of your Personal Data carried out on the basis of our legitimate interests (right to object). Where we process your Personal Data for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection;
      • not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects ("Automated Decision-Making"); Automated Decision-Making currently does not take place on our websites;
      • to the extent we base the collection, processing and sharing of your Personal Data on your consent, to withdraw your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal.

10.2 How to exercise your rights

To exercise your rights, please contact us in accordance with the “Contacting Us” section below. We try to respond to all legitimate requests within 45 days and will contact you if we need additional information from you in order to honor your request. Occasionally it may take us longer than 45 days, taking into account the complexity and number of requests we receive.

10.4 Your preferences for marketing communications

If we process your Personal Data for the purpose of sending you marketing communications, you may manage your receipt of marketing and non-transactional communications from us by clicking on the “unsubscribe” link located on the bottom of our marketing emails, by replying or texting ‘STOP’ if you receive SMS communications. Please note that opting-out of marketing communications does not opt you out of receiving important business communications related to your current relationship with us, such as information service announcements or security information.

11. Security

We take precautions including organizational, technical, and physical measures, to help safeguard against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, the Personal Data we process or use.

While we follow generally accepted standards to protect Personal Data, no method of storage or transmission is 100% secure. You are solely responsible for protecting, limiting access to your devices, and signing out of websites after your sessions. If you have any questions about the security of our websites, please contact us via the “Contacting Us” section below.

12. Data Mining

The automated and or systematic collection of data from this website is prohibited.

13. Changes to this Privacy Statement

We will update this Privacy Statement from time to time to reflect changes in our practices, technology, legal requirements and other factors. If we do, we will update the “effective date” at the top of this Privacy Statement. If we make an update, we may provide you with notice prior to the update taking effect, such as by posting a conspicuous notice on our website or by contacting you using the email address you provided.

We encourage you to periodically review this Privacy Statement to stay informed about our collection, processing and sharing of your Personal Data.

14. Contacting us

To exercise your rights regarding your Personal Data, or if you have questions regarding this Privacy Statement or our privacy practices please mail us at:

Soilworks

Attn: Data Protection Officer  

7580 N. Dobson Rd, Suite 320

Scottsdale, AZ 85256

Email: privacy@soilworks.com

We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, and you are located in the EEA, you have the right to lodge a complaint with the competent supervisory authority.