ESAB Privacy Policy

Last Updated: January 2023

This Privacy Policy describes how we at ESAB Corporation and our family of companies, including our affiliates and subsidiaries (collectively, “we” or “ESAB”) collect, use and share the Personal Information that we gather through the ESAB website and digital platforms that are owned and operated by ESAB and that link to this Privacy Policy (collectively, the “Services”).

Please ensure that you have read and understood our collection, storage, use and disclosure of your Personal Information, as described in this Privacy Policy.

This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your Personal Information, we will prominently post notice of the changes on the Services and update the effective date above. If you have any questions about this Privacy Policy or our information practices, please contact us using the options provided below.

A. WHO IS RESPONSIBLE FOR YOUR PERSONAL INFORMATION?

ESAB Corporation and/or its affiliates and subsidiaries who owns and operates the Service that you are visiting will be the data controller responsible for the collection and use of your Personal Information.

B. HOW WE COLLECT, USE AND RETAIN PERSONAL INFORMATION

When we use the term “Personal Information,” we mean information that can be used to identify you as an individual person, either directly or indirectly. We collect several categories of Personal Information through our Services, including information you provide, information collected automatically from your device, and information we obtain from third-party sources. We use and share this Personal Information for the purposes described below.

We also rely on different legal bases for processing your Personal Information, and these are also described below. When your consent is relied upon, it will be sought on an opt-in basis where required by applicable laws and you may withdraw your consent at any time, as further detailed in Section F, below. When we rely on the contract between you and us to process your Personal Information, the absence or inaccuracy of such information may impede our ability to fulfill all our obligations to you.

1. Information You Provide

We collect Personal Information you voluntarily submit on the ESAB website and Services, for example when you enter the information into form fields on our Services. For example, we may collect:

Category of Personal Information Purposes of Processing Legal Bases for Processing*
Contact Information, such as your name, address, email address and phone number when you use our Services. We may use your Contact Information for the following purposes:
To authenticate and administer your ESAB online user account;
Legitimate interests, namely, to provide access to your ESAB user account, unless there is a contract in place with you then our legal basis will be performance of a contract with you.
To provide our ESAB website and related Services to you; Legitimate interests, namely, to provide our Services to you, unless there is a contract in place with you then our legal basis will be performance of a contract with you.
To communicate with you about your use of our Services (i.e. responding to requests or enquiries that you make via one of our contact mechanisms or providing you with necessary service / product safety alerts or updates in connection with your order); Legitimate interests, namely, to allow us to communicate with you about our Services or your requests, unless there is a contract in place with you then our legal basis will be performance of a contract with you.
To process transactions or orders requested by you and to respond to customer service requests about our goods and services; Performance of a contract
To provide updates, news alerts and promotional materials from ESAB (when you sign up to receive or request such updates). Legitimate interests, namely, to provide you with the requested updates.
Your consent, where required.
Demographic Information, such as your age, information about your household, product preferences and other interests. To better understand and analyze our customer population, support our operations including inventory and product management, to deliver relevant offers and ads, to improve our products and services including the Services Legitimate interests, namely, to tailor our Services so that they are appropriate to you.
Your consent, where required.
Online Purchase Information in some jurisdictions, we collect purchase details and other order transaction details when you submit an order through our online order portal. We use this information to process the purchases you make online and to ensure the delivery of purchased products and services to you. Performance of a contract with you.
Providing you with coupons, promotional information, loyalty offers, prize offers and other information that are personally tailored to your interests and purchase behavior. Legitimate interests, namely, to provide you with offers related to our Services.
Your consent, where required.
Customer Service Information
In some jurisdictions, if you have purchased goods and/or services from us, we may process Personal Information (for instance your feedback) regarding your use of these goods and/or services.
Improve our customer service and satisfaction, improve products/services Legitimate interests in building and maintaining our clientele and adapting our products and Services to meet client requirements
Employment Application / Recruitment Information including your contact information, employment and education history, and other information you include in your CV/resume or application materials, as well as information collected for background checks where required (i) To process and evaluate job applications you submit to us and to communicate with you about your job applications and requests; (ii) To maintain a candidate database. To enter into a contract with you.
In relation to the retention of candidate data, we rely on legitimate interests, namely the identification of suitable candidates and roles for candidates.
(For Germany only: Necessary for the hiring decision or, after hiring for carrying out the employment relationship.)

2. Information Collected Automatically

As is true of most digital platforms, we gather certain information automatically when you use our Services. We use this information to provide you with the features and functionality of the ESAB website and user account portals. We typically collect this information through a variety of tracking technologies, including cookies (for more information on how we use cookies and similar technologies, please see our Cookie Policy:

Category of Personal Information Purposes of Processing Legal Bases for Processing
Log Files and information about your device including IP addresses, browser type, internet service provider, referring/exit pages, operating system, date/time stamp and/or clickstream data. To maintain the security of our Services, for fraud or criminal detection, and to protect our Services from malicious security threat or unauthorised access. Legitimate interests, namely to protect our Services and you from any security threats.
Your consent, where required.
We may use this information to monitor and improve the Services resolve issues and to inform the development of new products and services. Legitimate interests, namely, to provide efficient and functioning Services to you,
Your consent, where required.
Information about how you access and use the Services. For example, how frequently you access the Services, how long you use the Services for, the pages you visit and other behavioural activities whilst using the Services. We may use this information to monitor and improve the Services resolve issues and to inform the development of new products and services. Legitimate interests, namely, to provide efficient and effective Services to you.
Your consent, where required.
To obtain insights into usage patterns of the Services and how the Services are being used. Legitimate interests, namely, to improve the functionality of our Services that you access.
Your consent, where required.
Conducting market research, surveys, and similar inquiries to help us understand trends and customer needs; Legitimate interests, namely, to communicate with you about our Services.
Your consent where required.
Location Information including latitude, longitude, date and time (the precision of this data varies greatly and is determined by factors controlled by your device or mobile service provider) To offer you certain location-based services, such as delivering advertisements that are relevant to your particular location, and to conduct analytics to improve the Services. You may disable the collection of your location information in your device’s settings. Please be advised that we may not be able to provide location-based services to you if you choose to do so.

Legitimate interests, namely, to improve our Services that are delivered to you.
Your consent, where required.

3. Information We Obtain from Third Party Sources

We may obtain certain Personal Information about you from third party sources, which we may use to serve our legitimate interests, comply with legal obligations, perform a contract, or in some cases, in accordance with your consent.

C. HOW LONG WE KEEP YOUR PERSONAL INFORMATION

We will retain your Personal Information for as long as is necessary to achieve the purposes set out in this Privacy Policy, unless a longer period is required under applicable law.

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 unauthorised use or disclosure of your Personal Information, the purposes for which we process your Personal Information and the applicable legal requirements.

D. HOW WE SHARE AND DISCLOSE PERSONAL INFORMATION

We share your Personal Information with third parties, where necessary, in the ways described in this Privacy Policy. We may share your Personal Information within our family of companies, with service providers and business partners, in connection with business transfers and to comply with the law, protect health and safety and enforce our legal rights.

Service Providers

We share your Personal Information such as your name, email address, address, telephone number, products requested or ordered, and IP address with third-party service providers who complete transactions or perform services on our behalf or for your benefit. For example, payment processing, courier or delivery services whenever you submit an order to us through our online portal, marketing and analytics to help us to improve our Services and facilitate our delivery of appropriate content to you, processing employment applications and performing human resources administration whenever you submit a job application to us or to verify customer data for security related purposes.

Affiliates

We may share your Personal Information with affiliated legal entities within our family of companies for purposes and uses that are consistent with this Privacy Policy.

Business Partners

We may share your Personal Information with business partners, such as our distributors, in order to provide you with our Services.

Legal Process, Safety and Terms Enforcement

We may disclose your Personal Information to legal or government regulatory authorities as required by applicable law. We may also disclose your Personal Information to third parties as required by applicable law in connection with claims, disputes or litigation, when otherwise required by applicable law, or if we determine its disclosure is necessary to protect the health and safety of you or us, or to enforce our legal rights or contractual commitments that you have made.

Business Transfers

Your Personal Information may be disclosed as part of a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets, and could be transferred to a third party as one of the business assets in such a transaction. It may also be disclosed in the event of insolvency, bankruptcy or receivership. You will be notified via email or a prominent notice on any affected Service of any change in ownership or uses of Personal Information, as well as your choices regarding Personal Information about you.

E. STORING AND TRANSFERRING YOUR PERSONAL INFORMATION

Security. We are committed to taking appropriate measures designed to keep your personal information secure. Our technical, organizational and physical measures are designed to protect personal information from accidental, unlawful or unauthorized loss, access, disclosure, use, alteration, or destruction. While we make efforts to protect our information systems, no website, mobile application, computer system, or transmission of information over the internet or any other public network can be guaranteed to be 100% secure. We will never contact you by phone requesting your credit or debit card information or national identification numbers.

Where we use service providers who might have access to your Personal Information, we select them carefully and require them to have privacy and security standards that are comparable to ours. We use contracts and other measures with our service providers to ensure that they maintain the confidentiality and security of your Personal Information and prevent such information from being used for any other purpose.

International Transfers of your Personal Information. The Personal Information we collect may be transferred to and stored in countries outside of the jurisdiction you are in where we transfer within our family of companies and/or to the third parties discussed above. On occasion your Personal Information may be processed outside of the jurisdiction in which you are resident, these international transfers of your Personal Information will be made pursuant to appropriate safeguards where required by applicable law, including:

  • ensuring that the Personal Information is transferred to countries recognised by the appropriate regulatory authority (as applicable) as offering an equivalent level of protection; or
  • implementing appropriate contractual safeguards such as Standard Contractual Clauses adopted by the European Commission or such other clauses as adopted by the appropriate regulatory authority in your jurisdiction, where appropriate.

We will take appropriate steps to ensure that your Personal Information is treated securely and in accordance with applicable law and this privacy policy regardless of where it is processed. Please note that when your Personal Information is located outside the jurisdiction you are in it will be subject to the laws of the country in which it is situated.

If you wish to enquire further about the safeguards we use, or our policies and procedures with respect to transferring your Personal Information outside the jurisdiction you are in, please contact us using the details set out at the end of this Privacy Policy.

F. YOUR RIGHTS IN RESPECT OF YOUR PERSONAL INFORMATION

We process all Personal Information in line with your rights, in each case to the extent required by and in accordance with applicable law.

In accordance with applicable privacy law you may have the following rights in respect of your Personal Information that we hold:

  • Right of access. The right to obtain:
    • confirmation of whether, and where, we are processing your Personal Information;
    • information about the categories of Personal Information we are processing, the purposes for which we process your Personal Information and information as to how we determine applicable retention periods;
    • information about the categories of recipients with whom we may share your Personal Information; and
    • a copy of the Personal Information we hold about you.
  • Right of portability. The right, in certain circumstances, to receive a copy of the Personal Information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your Personal Information to another person.
  • Right to rectification. The right to obtain rectification of any inaccurate or incomplete Personal Information we hold about you without undue delay.
  • Right to erasure. The right, in some circumstances, to require us to erase your Personal Information without undue delay if the continued processing of that Personal Information is not justified.
  • Right to restriction. The right, in some circumstances, to require us to limit the purposes for which we process your Personal Information if the continued processing of the Personal Information in this way is not justified, such as where the accuracy of the Personal Information is contested by you.
  • Right to object. The right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your personal information, and we will assess and inform you if that is the case.
  • You may also have the right to lodge a complaint to your local data protection authority. For example, if you are based in the European Union, information about how to contact your local data protection authority is available here. If you are based in the UK, information about how to contact your local data protection authority is available here.
  • You also have the right to withdraw your consent to our processing of your Personal Information at any time, where our processing is based on your consent. Please use the details in the Contact Us section below to request that your Personal Information be deleted. If you withdraw your consent to the use or sharing of your Personal Information for the purposes set out in this Privacy Policy, you may not have access to all (or any) of the Services, and we might not be able to provide you all (or any) of the Services. Please note that, in certain cases, we may continue to process your Personal Information after you have withdrawn consent and requested that we delete your Personal Information, if we have a legal basis to do so. For example, we may retain certain information if we need to do so to comply with an independent legal obligation, or if it is necessary to do so to pursue our legitimate interest in keeping the Services safe and secure.
  • You may have the right not to be subject to a decision based solely on automated processing, including profiling, which significantly impacts you.
  • You may have the right to designate a third party to whom your Personal Information may be communicated upon death. In the absence of instructions to the contrary from the you, it is possible for your heirs to request that we take into account your death in order to delete or update your account, if one exists.
  • If you wish to exercise one of these rights, please contact us using the contact details at the end of this Privacy Policy.

G. CHILDREN’S PRIVACY

We are committed to protecting the privacy of children. Our Services are not directed to, and we do not intend to or knowingly collect or solicit Personal Information online from children under the age of 18. If you are under the age of 18, please do not provide us with any Personal Information. If you become aware that your child has provided us with Personal Information, without your consent, then please contact us using the details below so that we can take steps to delete such information as quickly as possible.

H. LINKS TO THIRD PARTY SITES AND SOCIAL MEDIA

The Services may include links to websites and digital services operated by third parties. This Privacy Policy does not apply to, and we are not responsible for the content, privacy policies or data practices of third parties that collect your information. We encourage you to review the privacy policies for those third parties to learn about their information practices.

The Services may feature social media “share” buttons and widgets hosted by other companies. These features may collect your IP address, which page you are visiting on our Service and may set a cookie to enable the feature to function properly. The loading, functionality and your use of the plugins are governed by the privacy policy and terms of the third party that provided the plugin.

I. USER GENERATED CONTENT

Some of our Services may enable users to submit their own content for contests, blogs, videos, and other functions. Please remember that any information you submit or post as user-generated content to the Services become public information. You should exercise caution when deciding to disclose your personal, financial or other information in such submissions or posts. We cannot prevent others from using such information in a manner that may violate this Privacy Policy, the law, or your personal privacy and safety. We are not responsible for the results of such postings.

J. MANAGING COMMUNICATION PREFERENCES

If you have opted into our marketing communications (or where permitted by law, if you have provided us with your contact information), we may send you email messages, direct mail offers, push notifications or other communications regarding products or services depending on the method of communication selected. You may ask us not to do so when you access our websites or mobile applications, or change your preferences by updating any accounts you have with us. At any time, you may elect to discontinue receiving commercial messages from us by submitting an opt-out request to the contact information below or by following the unsubscribe instructions in the form of the communication you received, as described below.

Printed Materials

To opt out of receiving printed marketing materials at your postal address, such as advertisements, flyers or postcards, please write to us at the address below. Please be sure to include your name and mailing address exactly as they appear on the printed marketing materials you received.

Emails

To opt out of receiving marketing communications via email, please send an unsubscribe request to the email address below or click on the unsubscribe link at the bottom of the email that was sent to you and follow the directions on the resulting web page. Please note that you may continue to receive certain transactional or account-related electronic messages from us which are necessary in connection with the Services.

Text Messages

If you have consented to receive text messages, you may opt out of receiving them by using the method provided in the text message or by contacting us as set forth in the Contact Us section below.

Push Notifications

To opt out of receiving push notifications, please set your preferences within your device setting menu.

K. ADDITIONAL POLICIES

Certain websites, mobile applications or other digital properties included in the Services may contain additional disclosures related to your privacy, which will apply to your use of such Service in addition to this Privacy Policy.

L. CONTACT US

If you have any questions, comments, requests or concerns about this Privacy Policy or other privacy-related matters, you may contact John Beckett, Data Protection Officer, in the following ways:

By Email: privacy@esab.com

By Postal Mail: ESAB, ATTN: Legal Team, 909 Rose Avenue, 8th Floor, North Bethesda, MD 20852

This Privacy Policy is subject to occasional revision. If we make any material changes in the way we use your Personal Information, we will prominently post a notice of the changes on the Services, notify you by email where practicable and update the effective date above.


Local Addenda for non-EU / UK jurisdictions

Canada Addendum

*For Canadian residents, your Personal Information will only be processed with your consent, which may be expressed or implied depending on the circumstances.

China Addendum

This China Addendum (“China Addendum”) supplements the ESAB Privacy Policy and applies to the collection, storage, use and disclosure of your Personal Information by ESAB to the extent that any data protection law of the People’s Republic of China (excluding Hong Kong, Macau, and Taiwan) (“China”) applies, and in case of any inconsistencies between this China Addendum and the ESAB Privacy Policy, this China Addendum prevails. To the extent that this Addendum or the ESAB privacy policy are inconsistent with applicable law, they shall be deemed amended to the extent required to comply with such applicable law.

B. HOW WE COLLECT, USE AND RETAIN PERSONAL INFORMATION

The legal bases for processing under Chinese law are set forth below.

1. Information You Provide

Category of Personal Data Purposes of Processing Legal Bases for Processing
Contact Information, such as your name, address, email address and phone number when you use our Services. We may use your Contact Information for the following purposes:
To authenticate and administer your ESAB online user account;
Entering into or performance of a contract (including, such as our website Terms of Use) with you.
To provide our ESAB website and related Services to you; Entering into or performance of a contract with you.
Your consent, where a contract has not been entered into with you.
To communicate with you about your use of our Services (i.e. responding to requests or enquiries that you make via one of our contact mechanisms or providing you with necessary service / product safety alerts or updates in connection with your order); Entering into or performance of a contract with you.
Your consent, where a contract has not been entered into with you.
To process transactions or orders requested by you and to respond to customer service requests about our goods and services; Performance of a contract with you.
Your consent, where a contract has not been entered into with you.
To provide updates, news alerts and promotional materials from ESAB (when you sign up to receive or request such updates). Your consent.
Demographic Information, such as your age, information about your household, product preferences and other interests. To better understand and analyze our customer population, support our operations including inventory and product management, to deliver relevant offers and ads, to improve our products and services including the Services Your consent.
Online Purchase Information in some jurisdictions, we collect purchase details and other order transaction details when you submit an order through our online order portal. We use this information to process the purchases you make online and to ensure the delivery of purchased products and services to you. Performance of a contract with you.
Providing you with coupons, promotional information, loyalty offers, prize offers and other information that are personally tailored to your interests and purchase behavior. Your consent.
Customer Service Information
In some jurisdictions, if you have purchased goods and/or services from us, we may process Personal Information (for instance your feedback) regarding your use of these goods and/or services.
Improve our customer service and satisfaction, improve products/services Your consent.
Employment Application / Recruitment Information including your contact information, employment and education history, and other information you include in your CV/resume or application materials, as well as information collected for background checks where required To process and evaluate job applications you submit to us and to communicate with you about your job applications and requests Entering into a contract with you.
Your consent, where a contract has not been entered into with you.

2. Information Collected Automatically

Category of Personal Data Purposes of Processing Legal Bases for Processing
Log Files and information about your device including IP addresses, browser type, internet service provider, referring/exit pages, operating system, date/time stamp and/or clickstream data. To maintain the security of our Services, for fraud or criminal detection, and to protect our Services from malicious security threat or unauthorised access. Performance of our statutory security obligations
Performance of a contract with you.
Your consent, where required.
We may use this information to monitor and improve the Services resolve issues and to inform the development of new products and services Performance of a contract with you.
Your consent, where required.
Information about how you access and use the Services. For example, how frequently you access the Services, how long you use the Services for, the pages you visit and other behavioural activities whilst using the Services. We may use this information to monitor and improve the Services resolve issues and to inform the development of new products and services >Performance of a contract with you.
Your consent, where required.
To obtain insights into usage patterns of the Services and how the Services are being used. Performance of a contract with you.
Your consent, where required.
Conducting market research, surveys, and similar inquiries to help us understand trends and customer needs; Your consent.
Location Information including latitude, longitude, date and time (the precision of this data varies greatly and is determined by factors controlled by your device or mobile service provider) To offer you certain location-based services, such as delivering advertisements that are relevant to your particular location, and to conduct analytics to improve the Services. You may disable the collection of your location information in your device’s settings. Please be advised that we may not be able to provide location-based services to you if you choose to do so. Performance of a contract with you.
Your consent, where applicable.

4. Sensitive Personal Information

Information regarding any of your financial accounts may be considered “sensitive personal information” under Chinese law. We process such information only as necessary to enter into or perform our contract with you (i.e., our transactions with you). We will adopt strict security measures when processing your sensitive personal information.

D. HOW WE SHARE AND DISCLOSE PERSONAL INFORMATION

We may share your Personal Information with third parties in the ways described in the ESAB Privacy Policy. We may share your Personal Information to other personal information processors if we have a legal basis other than your consent, such as to enter into and perform our contract with you.

ADDITIONAL RIGHTS IN RESPECT OF YOUR PERSONAL INFORMATION

In addition to your rights in respect of your Personal Information as described in the ESAB Privacy Policy, please note that under Chinese law, after an individual passed away, unless they had arranged otherwise before their death, their next of kin may, for their own lawful and legitimate interests, exercise the individual rights of the deceased to access, reproduce, rectify or erase the personal information of the deceased.

Brazil Addendum

ADDITIONAL RIGHTS IN RESPECT OF YOUR PERSONAL INFORMATION

In addition to your rights in respect of your Personal Information as described in the ESAB Privacy Policy, if you are located in Brazil, in accordance with the Brazilian General Data Protection Law (Law No 13.709/2018 you may also have the right to request information on the public and private entities with which the Controller has shared your Personal Information.

US Addendum

Nevada

If you are a resident of the State of Nevada in the United States, Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. To submit such a request, please contact us at privacy@esab.com with the subject line, “Nevada Opt-Out Request.”

Colorado, Connecticut, Utah, and Virginia

In accordance with applicable privacy law, and depending upon the jurisdiction in which you reside, you may have some or all of the following rights in respect of your personal information:

  • Right of access and portability. You may have the right to obtain access to the personal information we have collected about you and, where required by law, the right to obtain a copy of the personal information.
  • Right to correction. You may have the right to require us to correct inaccuracies in your personal information, taking into account the nature of the personal information and the purposes of the processing of the personal information.
  • Right to deletion. You may have the right to request the deletion of your personal information, subject to certain exceptions.
  • Right to opt-out. You may have the right to opt-out of certain processing activities. For example, you may have the right to opt-out of the use of your personal information for targeted advertising purposes, or the “sale” of your personal information to third parties in certain contexts. You may also have the right to direct us not to use automated decision-making or profiling for certain purposes.
    • Right to exercise control over sensitive personal information. You may have the right to exercise control over our collection and processing of certain sensitive personal information.
  • Right to non-retaliation. You may have the right to be free from retaliatory or discriminatory treatment for exercising any of the rights described above.

To Exercise Your Right to Access, Correction, or Deletion. Please submit a request by emailing us at privacy@esab.com with the subject line, “Privacy Rights Request”.

Before processing your request, we will need to verify your identity and confirm you are a resident of a state that offers such right(s). In order to verify your identity, we will generally either require the successful authentication of your account, or the matching of sufficient information you provide us to the information we maintain about you in our systems. This process may require us to request additional personal information from you, including, but not limited to, your email address, phone number, and/or date of last interaction on our Services.

In certain circumstances, we may decline a request to exercise the rights described above, particularly where we are unable to verify your identity or locate your information in our systems. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.

To Exercise Your Right to Opt-Out and Control Your Sensitive Personal Information. Unless you have exercised your Right to Opt-Out, we may disclose or “sell” your personal information to third parties for monetary or other valuable consideration, or use your information for all the purposes described in our Privacy Policy, including for targeted advertising and certain profiling activities. The third parties to whom we sell or disclose personal information may use such information for their own purposes in accordance with their own privacy statements. If you have provided your consent to process your sensitive personal information, you may opt-out at any time (subject to certain exceptions).

You do not need to create an account with us to exercise your Right to Opt-Out. However, we may ask you to provide additional personal information so that we can properly identify you to track compliance with your opt-out request. We will only use personal information provided in an opt-out request to review and comply with the request. If you choose not to provide this information, we may only be able to process your request to the extent we are able to identify you in our data systems. We may not process your request if we, in good faith, believe that the request is fraudulent. In such instances, we will send a notice to the requestor explaining our decision.

To exercise the Right to Opt-Out of personal information sharing for targeted advertising purposes, certain profiling activities, or data “sales,” or to revoke your consent to our collection of sensitive personal information, you may submit a request by emailing us at privacy@esab.com with the subject line, “Opt-Out Privacy Request.”

California

If you are a resident of the State of California, these additional California-specific privacy disclosures (the “CA Disclosures”) apply to you. These CA Disclosures supplement the information contained in our Privacy Policy above and apply solely to individual residents of the State of California (“consumers” or “you”). These CA Disclosures describe how we collect, use, disclose, and otherwise process personal information of individual residents of the State of California, either online or offline, within the scope of the California Consumer Privacy Act of 2018 (“CCPA”). Consumers with disabilities may access these CA Disclosures by contacting privacy@esab.com for an alternative format of these CA Disclosures.

Unless otherwise expressly stated, all terms in these CA Disclosures have the same meaning as defined in our or as otherwise defined in the CCPA. When we use the term “personal information” in these CA Disclosures, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

Collection and Use of Personal Information

We collect personal information from and about consumers for a variety of purposes. To learn more about the types of personal information we collect, the sources from which we collect or receive personal information, and the purposes for which we use this information, please refer to theHow We Collect, Use and Retain Personal Information” section of our Privacy Policy.

Categories of Personal Information Collected. In the past 12 months, we have collected the following categories of personal information about California consumers:

  • Identifiers, such as online identifiers and email address;
  • California Customer Records (Cal. Civ. Code § 1798.80(e)), such as your phone number;
  • Protected Classification Characteristics, such as your demographic information;
  • Commercial Information, such as products and services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;
  • Internet/Network Information, such as device information, logs and analytics data;
  • Geolocation Data, such as your precise or approximate location based upon your IP address;
  • Sensory Information, such as recordings of any phone calls between you and ESAB;
  • Professional/Employment Information, such as job title and company;
  • Non-Public Education Information, such as educational background, interests, and certifications;
  • Other Personal Information, including information you submit into the feedback form and any communications between you and ESAB, as well as information we receive from social networking sites; and
  • Inferences, such as information generated from your use of the Services reflecting predictions about your interests and preferences.

Categories of Sensitive Personal Information Collected. In the past 12 months, we have collected the following categories of sensitive personal information of California consumers:

  • Precise geolocation;

Categories of Sources. We collect this personal information from a variety of sources, including: directly from you, from your employer or organization, from our customers and other uses, from our business partners and affiliates, from your browser or device when you use our Services, or from third parties that you permit to share information from us.

Disclosure of Personal Information

As described in the “How We Share and Disclose Personal Information” section of our Privacy Policy, we share personal information with third parties for business purposes or we may sell your personal information to third parties, subject to your right to opt out of those sales.

The categories of third parties to whom we sell or disclose your personal information for a business purpose may include: (i) other brands and affiliates in our family of companies; (ii) our service providers and advisors; (iii) marketing and strategic partners; (iv) analytics providers; (v) social networks; and (vi) law enforcement.

In the past 12 months, we may have disclosed all of the categories of personal information we collect, explained in the “Collection and Use of Personal Information” section of these CA Disclosures, to third parties for business purposes.

In the past 12 months, we may have “shared” the following categories of personal information to third parties, subject to your settings and preferences and your right to opt-out: (i) Identifiers, (ii) Commercial Information, (iii) Internet / Network Information, and (iv) Inferences.

In addition, please see our Cookie Policy to learn how third-party advertising networks, social media companies, and other third-party entities collect and disclose your personal information directly from your browser or device through cookies or other data collection technologies when you visit or interact with our Service or otherwise engage with us.

Your California Privacy Rights

Your Rights Regarding Personal Information. California residents have certain rights with respect to the personal information collected by businesses. If you are a California resident, you may exercise the following rights regarding your personal information, subject to certain exceptions and limitations:

The Right to Access/Know

You have the right to confirm whether we are processing your personal information and, where required by applicable law, to obtain certain personalized details about the personal information we have collected about you.

You also have the right to obtain access to the personal information we have collected about you and, where required by law, the right to obtain a copy of the personal information, subject to certain exceptions.

The Right to Request Deletion You have the right to request the deletion of personal information we have collected from you, subject to certain exceptions.
The Right to Correction You have the right to request that any inaccuracies in your personal information be corrected, taking into account the nature of the personal information and the purposes of the processing of your personal information.
The Right to Opt-Out of Sales or Sharing of Personal Information You have the right to direct us not to “sell” or “share” your personal information we have collected about you to third parties now or in the future.
If you are under the age of 16, you have the right to opt in, or to have a parent or guardian opt in on your behalf, to such sales or sharing. We do not have actual knowledge of “selling” or “sharing” personal information of consumers under sixteen (16) years of age.
The Right to Limit Use and Disclosure of Personal Information You have the right to direct us to limit the use of your sensitive personal information to certain purposes, subject to certain exceptions.
The Right to Control Over Automated Decision-Making / Profiling You have the right to direct us not to use automated decision-making or profiling for certain purposes.
The Right to Non-Retaliation You have the right not to receive retaliatory or discriminatory treatment for exercising these rights. However, please note that if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you our products and services or engage with you in the same manner.
“Shine the Light” California residents that have an established business relationship with us have right to know how their information is disclosed to third parties for their direct marketing purposes under California’s “Shine the Light” law (Civ. Code §1798.83).

To Exercise Your Right to Access/Know, Correction, or Deletion. To exercise your right to access/know, correction, or deletion, please contact us using the following information with an explanation of the rights you wish to exercise and submit the required verifying information, please email privacy@esab.com.

In certain circumstances permitted by the CCPA or because of a conflict with applicable law, we may deny all or part of a request to exercise the above rights, in which case we will notify you of such denial and the reasons for such denial.

Verification Process and Required Information. Before processing your request, we will need to verify your identity and confirm you are a resident of the State of California. In order to verify your identity, we will generally either require the successful authentication of your account or the matching of sufficient information you provide us to the information we maintain about you in our systems. At a minimum, we will ask you for your name, email address, and telephone number. Note that we may need to request additional information from you to verify your identity or process your request, although you will not be required to create an account with us to submit a request or have it fulfilled.

To Exercise Your Right to Opt-Out of “Sharing.” We “share” personal information with third parties, as such term is defined under the CCPA. The third parties with whom we share personal information may use such information for their own purposes in accordance with their own privacy statements, which may include further sharing of this information to additional third parties.

To exercise your right to opt-out of “sharing,” you may do so by clicking on the “Do Not Sell my Personal Information” link found in the cookie banner at the bottom of your screen.

To Exercise Your Right to Control Over Automated Decision-Making / Profiling. We may process or utilize your personal information for automated decision-making or profiling purposes. You may submit a request to access information about and opt-out of automated decision-making or profiling. To submit such a request, email us at privacy@esab.com.

Authorized Agent. In certain circumstances, you may designate an authorized agent (as that term is defined by the CCPA) to make a CCPA request on your behalf through the designated methods set forth in these CA Disclosures. Before we accept a CCPA request from an agent, we will need to verify the authorized agent’s authority to make the CCPA request on your behalf.

For requests to access/know, correct, or delete personal information, we require the following for verification purposes:

  1. a power of attorney valid under the laws of California from you or your authorized agent; or
  2. sufficient evidence to show that you have:
    1. provided the authorized agent signed permission to act on your behalf; and
    2. verified your own identity directly with us pursuant to the instructions set forth in these CA Disclosures; or directly confirmed with us that you provided the authorized agent permission to submit the request on your behalf.

For requests to opt-out of “sales” or “sharing,” or to exercise control over your sensitive personal information or automated decision-making / profiling, we require a signed permission demonstrating your authorized agent has been authorized by you to act on your behalf.

California’s “Shine the Light” Law. If you have an established business relationship with us, you may have right to know how your information is disclosed to third parties for their direct marketing purposes under California’s “Shine the Light” law (Civ. Code § 1798.83). To make such a request, please send an email with the subject line “Shine the Light Request” to privacy@esab.com.

Notice of Financial Incentives. In addition, we may offer you financial incentives for the collection, sale, retention, and use of your personal information as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs, and/or their terms by posting notice on the program descriptions and terms linked to above, so check them regularly.

Each financial incentive or price or service difference related to the collection and use of personal information is based upon our reasonable, good-faith determination of the estimated value of such information to our business, taking into consideration the value of the offer itself and the anticipated revenue generation that may be realized by rewarding brand loyalty. We calculate the value of the offer and financial incentive by using the expense related to the offer.

Minors’ Right to Opt In. We do not and will not “sell” the personal information of consumers we know to be less than 16 years of age, unless we receive affirmative authorization (the "Right to Opt In") from either the minor who is between 13 and 16 years of age, or the parent or guardian of a minor less than 13 years of age. Please contact us at privacy@esab.com to inform us if you, or your minor child, are under the age of 16.

Contact Us

If you have any questions or concerns about these CA Disclosures, please contact us at privacy@esab.com