This Policy applies to all personal information received by SPX FLOW, Inc. in the United States from the EEA or Switzerland in any format, including electronic, paper or verbal.
For purposes of this Policy, the following definitions shall apply:
"Agent" means any third party that collects or uses personal information under the instructions of, and solely for, SPX FLOW or to which SPX FLOW discloses personal information for use on SPX FLOW's behalf.
"SPX FLOW" means SPX FLOW, Inc., its subsidiaries, divisions, groups and affiliates in the United States.
"Personal information" means any information or set of information that identifies or is used by or on behalf of SPX FLOW to identify an individual. Personal information does not include information that is encoded or anonymized, or publicly available information that has not been combined with non-public personal information.
"Sensitive personal information" means personal information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns health or sex life. In addition, SPX FLOW will treat as sensitive personal information any information received from a third party where that third party treats and identifies the information as sensitive.
The privacy principles in this Policy are based on the Safe Harbor Principles.
Where SPX FLOW collects personal information directly from individuals in the EEA or Switzerland, it will inform them about the purposes for which it collects and uses personal information about them, the types of non-agent third parties to which SPX FLOW discloses that information, and the choices and means, if any, SPX FLOW offers individuals for limiting the use and disclosure of their personal information. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to SPX FLOW, or as soon as practicable thereafter, and in any event before SPX FLOW uses or discloses the information for a purpose other than that for which it was originally collected.
Where SPX FLOW receives personal information from its subsidiaries, affiliates or other entities in the EEA or Switzerland, it will use and disclose such information in accordance with the notices provided by such entities and the choices made by the individuals to whom such personal information relates.
SPX FLOW will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.
For sensitive personal information, SPX FLOW will give individuals the opportunity to affirmatively and explicitly consent (opt-in) to the disclosure of the information to a non-agent third party or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. SPX FLOW will provide individuals with reasonable mechanisms to exercise their choices.
SPX FLOW will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. SPX FLOW will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.
TRANSFERS TO AGENTS
SPX FLOW will obtain assurances from its agents that they will safeguard personal information consistent with this Policy. Examples of appropriate assurances that may be provided by agents include: a contract obligating the agent to provide at least the same level of protection as is required by the relevant Safe Harbor Principles, being subject to EU Directive 95/46/EC (the EU Data Protection Directive), Safe Harbor certification by the agent, or being subject to another European Commission adequacy finding (e.g., companies located in Hungary and Switzerland). Where SPX FLOW has knowledge that an agent is using or disclosing personal information in a manner contrary to this Policy, SPX FLOW will take reasonable steps to prevent or stop the use or disclosure.
ACCESS AND CORRECTION
Upon request, SPX FLOW will grant individuals reasonable access to personal information that it holds about them. In addition, SPX FLOW will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.
SPX FLOW will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
SPX FLOW will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that SPX FLOW determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment.
Any questions or concerns regarding the use or disclosure of personal information should be directed to the SPX FLOW Privacy Office at the address given below. SPX FLOW will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Policy. For complaints that cannot be resolved between SPX FLOW and the complainant, SPX FLOW has agreed to participate in the dispute resolution procedures of the panel established by the European data protection authorities to resolve disputes pursuant to the Safe Harbor Principles.
LIMITATION ON APPLICATION OF PRINCIPLES
Adherence by SPX FLOW to these Safe Harbor Principles may be limited (a) to the extent required to respond to a legal or ethical obligation; and (b) to the extent expressly permitted by an applicable law, rule or regulation.
Questions or comments regarding this Policy should be submitted to the SPX FLOW Corporate Office by mail as follows:
SPX FLOW, Inc.
13320 Ballantyne Corporate Place
Charlotte, NC 28277
Attn: Chief Data Privacy Officer