Privacy Policy

Last modified: October 30, 2020

This Privacy Policy (“Privacy Policy”) describes how PHYTEC America LLC (PHYTEC) processes “Personally Identifiable Information (PII)” – including personal data – that PHYTEC collects through the following (collectively “resources”):

  • e-mail;
  • telephone;
  • in-person engagements;
  • our websites and eCommerce shop;
  • technical support Help Desk;
  • subscriptions to our newsletters;
  • enrollment in webinars and training;
  • engagement via LinkedIn, as well as;
  • other digital services, offerings and social media sites.

PII, as described in applicable United States privacy laws, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. 

These PHYTEC resources are primarily intended for business and engineering users of PHYTEC System on Module miniature computers as well as related products and services. By visiting and using PHYTEC websites and resources (“Websites”) you acknowledge and agree to the practices described in this Privacy Policy. This Privacy Policy is incorporated into and made a part of our general Terms of Use (“Terms of Use”) for our website.   All transactions conducted on our website are governed by PHYTEC’s Standard Terms & Conditions for Acceptance of Purchase Orders (“Standard Terms”).  If any of the provisions of the Privacy Policy or Terms of Use are in addition to, ambiguous, or in conflict with these Standard Terms, those additional, conflicting or ambiguous provisions are expressly rejected and the Standard Terms shall supersede them and govern.

Please review this Privacy Policy carefully to understand how PHYTEC collects, uses, protects or otherwise handles PII. PHYTEC reserves the right to update, modify or extend this Privacy Policy from time to time.  Any changes to the policy will be posted on this page and will be effective immediately upon posting.

1. What Types of Personal Information Do We Collect?

We may collect a variety of PII, including your name, mailing address, phone number, email address, contact preferences, any applicable log-in details (user name and password) and payment information when you provide us with PII to do the following:

  • request a quote;
  • place an order, including on-line transactions;
  • arrange for a delivery or return a purchase;
  • send us an e-mail;
  • sign up for a newsletter;
  • create or log in to a technical support Help Desk account;
  • register a product;
  • enroll in a webinar or training;
  • provide reviews, feedback or comments;
  • download software; or
  • otherwise engage with PHYTEC in a manner in which you provide us with your PII.

As indicated in section 3 herein, PHYTEC uses cookies to improve user experience when visiting our Websites.  These cookies also automatically collect information on how our web site and other resources are accessed and used (“Automatically Collected Data”), including instances in which you do not disclose your name, email address, or other personal information when visiting our website or accessing other PHYTEC resources.  This Automatically Collected Data may include the following:

  • Media Control Address (MAC) and Internet Protocol (IP) addresses of devices you use to access our Websites;
  • the types of browser and devices you use to access our Websites;
  • actual or assumed geographic location of devices you use to access our Websites;
  • pages visited on our Websites, as well as time, date and duration spent on those pages; 
  • cookie preferences; and 
  • other diagnostic data.

When applying for employment, we may ask for your Personal Information, including copies of your resume, and any other information required to verify your qualifications.

Why Do We Collect and Process PII? PHYTEC relies on one or more of the following conditions for collecting, using and processing your PII:

  • our legitimate interests in the effective delivery of information and services to you,
  • explicit consent that you have given to us, and
  • compliance to legal obligations.

We use PII to engage in business transactions as well as to develop, market and improve our products and services, develop and market new products and services.

2. Security

To protect your PII, we follow industry-best practices to ensure this information not disclosed, misused, inappropriately accessed, altered or destroyed. Our Websites are scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our Websites and other resources as safe as possible.

Any and all PII you provide to us is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems and are required to keep the PII confidential.  All on-line transactions on our Websites are processed through a secure gateway provider and are encrypted prior to transmission.  PHYTEC may retain information, including your Personal Data, for the length of time necessary to fulfill the purposes for which it was collected, consistent with this Privacy Policy, unless a longer retention period is required or permitted by law. Please note that even if PHYTEC deletes your Personal Data, it may persist on backup or archival media for an additional period of time.

3. Third-Party Services and Cookies

The following third-party services are currently used on PHYTEC’s website and other resources:

  • AppRiver
  • Atlassian Confluence and Jira
  • Cookiebot
  • CrazyEgg
  • DoubleClick.Net
  • FaceBook
  • Google AdSense Advertising, Google Analytics, Google Data Studio, Google Tag Manager, YouTube
  • Gravity Forms
  • Intuit Merchant Services
  • Klaviyo
  • LinkedIn
  • MailChimp
  • Microsoft 365, including Office 365 Mail
  • SEMrush
  • Twitter
  • WebToffee GDPR Cookie Consent
  • Wordstream
  • WooCommerce
  • WordPress
  • Yoast SEO

We and these third-party service providers use first-party and third-party cookies or other third-party identifiers to compile data regarding user on-line shopping transactions, user Internet Protocol (IP) addresses identification, user interactions with advertising impressions, and other functions related to our website.

Cookies: Cookies are small files that a website or its service providers transfer to your computer’s hard drive or device’s memory.  Cookies are enabled by settings in your web browser that allow a site or service provides systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us retain and process the items in your shopping cart. They are used to help us understand your preferences based on previous or current website activity, which enables us to provide you with improved services. We also use cookies to compile aggregate data about website traffic and site interaction so that we can optimize site experience.  We:

  • present an option for you to accept transmission of cookies between our Websites and devices you use to access our Websites; and
  • monitor and control for all cookies used on our Websites, including European Union General Data Protection Regulation (GDPR) and California Online Privacy Protection Act (CalOPPA) compliance.

If you disable cookies in your browser, features of our website and other resources may be offered with reduced functionality, such as to remember your user preferences, or may not function properly.

Third-Party Links: Our website may contain links to other Websites provided by third parties not under PHYTEC’s control. When following a link and providing information to a third-party website, please be aware that PHYTEC is not responsible for the data provided to that third-party. This privacy policy only applies to our Websites and resources.  We are not responsible for the privacy practices and/or policies of any website other than our own. Consequently, we strongly suggest that you review the privacy policy of each website you visit, whether or not they are linked to our Websites.

PHYTEC does not include or offer third-party product or service offerings on our website.

Third-party Disclosure: We do not sell, trade, or otherwise transfer your PII to non-applicable outside parties.  However, we do share your PII with website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential.  Examples of such third-party service providers with which PHYTEC shares IIP include:

  • eCommerce payment processing: WooCommerce (open-source e-commerce plugin for WordPress), payment gateways and other payment transaction processors; and
  • Logistics: UPS, FedEx, DHL and other courier and mailing services for shipping, tracking and fulfillment of orders for PHYTEC products.
  • Government: We may share information with federal, state and local governmental authorities when required by law.

These third-party providers have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.  For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. 

Note that certain third-party providers may be located in or have facilities that are located in a different legal jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.  As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, your personal information used in completing that transaction may be subject to disclosure under United States legislation.

Disclaimer: We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order or legal process served on our website.

4. Specific Privacy Regulations

PHYTEC’s Privacy Policy complies to the following legislation:

  • California Online Privacy Protection Act (CalOPPA): CalOPPA is the first state law in the nation to require commercial Websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States that operates Websites collecting PII from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared.  
  • Children Online Privacy Protection Act (COPPA):  PHYTEC does not specifically market to children under the 13 years of age or seek to collect personal information from children under 13 years of age.
  • Opting-out under the CAN SPAM Act: The CAN-SPAM Act establishes requirements for commercial marketing messages and gives recipients the right to opt-out of such communication.  When you register for any PHYTEC resource, you may receive marketing communications from us. You may unsubscribe from those marketing communications at any time here: https://phytec.us12.list-manage.com/unsubscribe?u=6e66fa97628fdd41e253500c4&id=5dbec81fff.  Even if you choose not to receive some marketing emails from us, you will may still receive our transactional emails, such as messages related to your orders, updates or notifications about products you have purchased from us, or information about any registered account or product.
  • International Users: Information you provide may be transferred or accessed by PHYTEC Subsidiaries around the world. PHYTEC abides by the “safe harbor” frameworks set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information collected by entities in the European Union. 
  • European Union (EU) General Data Protection Regulation (GDPR):  PHYTEC’s German-based affiliates, PHYTEC Messtechnik GmbH and Technologie AG Holding, are in compliance with the EU GDPR (Regulation (EU) 2016/679).  PHYTEC Messtechnik GmbH is the controller of any of your PII that PHYTEC may transfer to it for any reason, including transfer of inquiries from individuals, businesses and organizations location within member states of the European Union.
  • In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. 
  • However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
  • For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. 
  • Certain providers may be located in or have facilities that are located in a different legal jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.  As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

5. Contacting Us

Please contact our Privacy Compliance Representative as indicated below to:

  • access, correct, amend or delete any PII we may have collected during your use of our Websites and resources;
  • register a complaint; or
  • request additional information of any sort regarding this Privacy Policy.
PHYTEC America
Re: Legal Affairs
203 Parfitt Way SW
Bainbridge Island, WA 98110
USA
eMail: marketing@phytec.com
Telephone: +1-206-780-9047
Fax: +1-206-780-9135