1. This Privacy Notice (the “Notice”) sets out how we, Katun Corporation with offices at 10951 Bush Lake Road, Minneapolis, Minnesota U.S.A. 55438-2391, and our affiliates, parent companies and associated offices from time to time (collectively “Katun”, “we”, “us”, “our”) process the personal data of individuals (each a “User”, “you”, “your”) who contact us or who use our websites, services, applications, content and related features, including Katun.com, the Katun Online Catalog, and the Katun Marketplace (collectively, the “Website”) or whose details we process on behalf of our clients in connection with our client services (“Client Services”).
2. If you have any questions about this Notice, please contact us by email to the Data Protection Officer, Laurie Young, at Laurie.firstname.lastname@example.org.
3. This notice, together with our Website Terms and any other documents referred to in these documents, set out our views and practices regarding your personal data and how we will treat it. Please read these documents carefully. By visiting our Website, you acknowledge the processing described in this Notice, our Website Terms and related documents.
4. We will let you know, by posting on our Website or otherwise, if we make any changes to this Notice from time to time. Your continued use of the Website, our services or your continued dealing with us after notifying you of such changes will amount to your acknowledgement of the amended Notice.
5. This version of our privacy notice was published December, 2019.
6. What are personal data?
“Personal data” or “Personal Information” means any information that can be used to identify an individual, either from that information alone, or from that information and other information we have access to about that individual and that is not otherwise available to the public, such as your name, contact details, e-mail address, online identifiers such as IP address, and telephone number.
7. What Personal Data do we process?
How we collect your Personal Data:
(a) Information provided by you. You may give us information about you by, for example, filling in forms such as the contact form on the Katun Online Catalog, or any other website associated with Katun, subscribing to services, such as email updates, making applications in respect of job postings, corresponding with us by e-mail, phone or otherwise. Our sales representatives may take and keep notes about you to further a business relationship. This information may include your name, email address, phone number, information about your query and similar information. You may also provide financial information to facilitate payments. If responding to a job posting, you may provide information related to your current or past employment.
(b) Information from and about others. We may receive your information from others who have a demonstrable permission to provide us with your information. Similarly, you may also provide to us personal data relating to third parties, such as people who you work with, or your referees. Information about third parties should only be provided if you have demonstrable permission to do so or if the information is available in the public domain.
(d) Information from third party sources. This may include information about you received from credit reference agencies, our service providers and other third parties.
8. Generally, you are under no obligation to provide this information, but without it, we may be unable to provide you with some of our Website content and services as well as services that we provide on behalf of our clients.
9. We will rely on the information provided by you as accurate, complete and up to date and you agree to ensure that this will be the case.
10. How do we use your Personal Information?
We will only use your Personal Information, in accordance with applicable law, for the following purposes:
(a) responding to your queries, requests and other communications, for example, if you apply for a job or you send us a query about our Website;
(b) providing the Website and related services including our Website, content and features;
(c) enabling suppliers and service providers to carry out certain functions on our behalf in order to provide the Website and related services, including freight carriers, banking services, webhosting, data storage, identity verification, technical, logistical and other functions, as applicable;
(d) allowing you to use features on our Website and related services, when you choose to do so;
(e) carrying out profiling for business administration, recruitment, advertising and other business purposes, such as for example analyzing user trends to deliver relevant ads to users’ devices; using recruitment tools that allow us to score those applicants who complete a test, and to consider their suitability for specific roles;
(f) sending you personalized marketing communications as permitted by law or as requested by you. If you would like to unsubscribe please click here or notify your local sales representative which can be found at http://www.katun.com/about-us/contact-katun/locations/;
(g) serving personalized advertising to your devices, based on your interests in accordance with our Cookie Statement below. You have the right to disable cookies as set out below;
(h) ensuring the security of our business and preventing and detecting fraud;
(i) administering our business, including complaint resolution, troubleshooting of our website, data analysis, quality control, staff training, testing of new features, research, statistical and survey purposes;
(j) developing and improving our Website and related services;
(k) providing Client Services, where we process personal data in accordance with the instructions of our customers who are acting in their capacity as data controllers, as defined by the GDPR; and
(l) complying with applicable law, including in response to a lawful request from a court or regulatory body.
11. The legal basis for our use of your Personal Information for the purposes described above will typically include:
(a) use necessary to fulfil a contract that we have in place with you or other data subjects, such as uses for the purposes set out in paragraphs 10(a), (b), (c), (d) and (e);
(b) your consent, such as use for the purposes set out in paragraphs 10(e), (f) and (g);
(c) use necessary for our or a third party’s legitimate interests, such as for the purposes set out in paragraphs 10(a), (b), (c), (h), (i) and (j), which is carried out on the basis of our legitimate interests to ensure that our Website and related services are properly provided, ensure the security of our business and our users and the proper administration of our business;
(d) use necessary for compliance with a legal obligation to which we are subject, such as for the purposes set out in paragraph 10(l);
(e) our agreements with, and instructions provided by, our clients for whom we act as a data processor, as set out in paragraph 10(k); and
(f) any other applicable legal ground that may arise from time to time.
12. Cookie Statement
(b) The cookies placed on our website. We use the following cookies on our website:
(i) Strictly necessary cookies. These cookies are essential in order to enable you to move around our website and use its features. Without these cookies, the Website and related services you have asked for cannot be provided. They are deleted when you close the browser. These are first party cookies.
(ii) Performance cookies. These cookies collect information in an anonymous form about how visitors use our website. They allow us to recognize and count the number of visitors and to see how visitors move around the website when they are using it and the approximate regions that they are visiting from. These are first party cookies.
(iii) Functionality cookies. These cookies allow our website to remember choices you make (such as your user name, language or the region you are in, if applicable) and provide enhanced, more personal features. The information these cookies collect may be anonymized and they cannot track your browsing activity on other websites. These are first party cookies.
(c) We may combine information from these types of cookies and technologies with information about you from other sources.
(d) Cookie consent and opting out. By using our Website, you are allowing us to place cookies on your device. Most Internet browsers automatically accept cookies. However, if you, or another user of your device, wish to withdraw your consent at any time, you have the ability to accept or decline cookies by modifying your browser setting. If you choose to decline cookies, you may not be able to fully experience the features of our Website and related services.
13. Your Choices
(a) Marketing. If you would like us to stop sending you marketing emails you may use the opt-out link at the bottom of any marketing email we send. Although we encourage you to use the opt-out link because it is automated, you may also send us a request by contacting either your customer service representative or notify your local sales representative which can be found at http://www.katun.com/about-us/contact-katun/locations/.
14. Disclosure of personal data
There are circumstances where we may wish to disclose or are compelled to disclose your Personal Information to third parties. These scenarios include disclosure to:
(a) our affiliates, parent companies or associated offices;
(b) our suppliers and service providers to facilitate the provision of the Website, related services and our Client Services, including IT consultants, webhosting providers, recruitment services providers, identity verification partners (in order to verify your identity against public databases), call centers, consultants and similar third parties;
(c) our suppliers and service providers to facilitate necessary and legitimate business activities, for example freight carriers and banking services.
(d) subject to appropriate legal basis such as consent, our advertising and marketing partners who enable us, for example, to deliver personalized ads to your devices or who may contact you by post, email, telephone, SMS or by other means;
(e) successor or partner legal entities, on a temporary or permanent basis, for the purposes of a joint venture, collaboration, financing, sale, merger, reorganization, change of legal form, dissolution or similar event relating to our business. In the case of a merger or sale, your personal data will be permanently transferred to a successor company;
(f) our clients and third parties as directed by our clients, where we process personal data as a data processor on behalf of our clients;
(g) public authorities, such as law enforcement agencies, courts and other public bodies where we are required by law to do so; and
(h) other third parties where you have provided your consent.
15. International transfer of your personal data
(a) Katun is located in the United States and all personal data is collected and processed by Katun in the U.S. If you are not located in the U.S., your personal data may therefore be transferred to, processed, and stored in a country outside of the country where you live. By submitting your personal information to us, you are consenting to the processing of your personal information in the U.S.
(b) For European Union data subjects, all personal data will be processed for lawful purposes in accordance with the General Data Protection Regulation (“GDPR”) and as described in this Privacy Notice. If your information is only collected based upon your consent and not for other lawful purposes, you may be entitled to withdraw consent by contacting our Data Privacy Officer, Laurie Young, at Laurie.email@example.com. Such withdrawal does not affect the lawfulness of processing prior to the withdrawal of consent. Further, withdrawal of consent does not affect processing of information based on other lawful bases of processing other than consent.
(c) Please note that your Personal Information may be transferred between your location, or a Katun entity and our owners in Taiwan. Where this is the case, we will ensure that appropriate transfer mechanisms are in place to ensure an adequate level of data protection.
(d) If we transfer personal data to private organizations abroad, such as our suppliers and service providers, we will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate technical, organization, contractual or other lawful means. You may contact us for a copy of such safeguards in these circumstances.
16. Retention of personal data
(a) We retain your Personal Information for as long as is necessary for the purposes listed above or longer as may be required by the law. Please contact us for further details of applicable retention periods.
(b) We may keep an anonymized form of your Personal Information, which will no longer refer to you, for statistical purposes without time limits, to the extent that we have a legitimate and lawful interest in doing so.
17. Security of personal data
(a) We will use appropriate technical and organizational information security measures to try to prevent unauthorized access to your Personal Information. However, please be aware that the transmission of information via the internet is never completely secure. While we can do our best to keep our own systems secure, we cannot control the whole of the internet and we cannot therefore guarantee the security of your information as it is transmitted to and from our website.
(b) Where you have created or received a password or authentication code which enables you to access certain parts of our website, you are responsible for keeping this password or authentication code confidential. We ask you not to share your password or authentication code with anyone. We will not disclose your password or authentication code to any other individual.
18. Data subject rights
(a) Access, Updating or Correcting Your Personal Data.
(i) You may request access to and/or correction of any personal data that we hold about you. When you update your personal data, you will be asked to verify your identity before we proceed with your request. Once we obtain sufficient information to accommodate your request for access or correction of your personal data, we shall process in accordance with the relevant laws. While we try our utmost in acceding to your requests, unreasonably repetitive or unrealistic requests or those that put others’ privacy at risk may be declined. We normally provide such services for free but reserve the right to charge a reasonable fee.
(ii) Depending on where you reside you may have additional rights in relation to your Personal Information. For further information about your data privacy rights please consult your local laws. These laws may include the following rights but do not apply to all Users:
19. European Data Subject Rights
(a) European data subjects who are residents of an EU member state at the time personal information is collected may have certain rights under the General Data Protection Regulation (the “GDPR”).
• Right to be Informed: You may have a right to be informed about what personal data we collect from you and how it is used, as well as our purposes for processing your personal data, how long we retain your data, and who we share it with.
• Right of Access: You may have the right to know what data has been collected about you and how such data has been processed. If you would like to know exactly what information we have collected about you and how it has been used, please contact us.
• Right of Rectification: You may have a right to correct any incorrect or incomplete information we have about you. To request a correction, please contact us.
• Right to Erasure: In certain circumstances, you may have the right to request that we delete your personal information.
• Right to Restrict Processing: In certain circumstances, you may have the right to restrict the processing of your personal information. To exercise your right to restrict processing please contact us.
• Right to Data Portability: If our lawful basis for processing your data is consent or performance of a contract, you may have the right to receive personal data we have collected from you in an accessible format. You also have the right to have the personal information we have collected from you transferred to another controller. This right only applies to information processed by automated means. To submit a request to have your information transferred, please contact us.
• Right to Object: You may have the right to object to the processing of your personal data for direct marketing purposes. To object to the processing of your personal data, please contact us.
• Rights Related to Automated Decision-Making Including Profiling: You may have the right to not be subject to a decision based solely on an automated process (no human involvement) which produces legal effects or significantly affects you in a similar way. We will not make these types of decisions by solely automated processed. If you believe that an automated decision-making process was applied to you, please contact us.
20. California and United States Data Subject Rights
(a) The California Consumer Privacy Act (“CCPA”) provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. Katun is extending these rights to all US data subjects, as they do not conflict with your local state laws.
• Access to Specific Information: You have the right to request that Katun disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
– The categories of personal information we collected about you.
– The categories of sources for the personal information we collected about you.
– Our business or commercial purpose for collecting or selling that personal information.
– The categories of third parties with whom we share that personal information.
– The specific pieces of personal information we collected about you.
– If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
– sales, identifying the personal information categories that each category of recipient purchased; and
– disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
• Deletion Request Rights: You have the right to request that Katun delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
– Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
– Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
– Debug products to identify and repair errors that impair existing intended functionality.
– Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
– Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
– Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
– Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
– Comply with a legal obligation.
– Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
• Exercising Access and Deletion Rights: To exercise the access and deletion rights described above, please submit a verifiable consumer request to us by contacting our Data Privacy Officer, Laurie Young, at Laurie.firstname.lastname@example.org.
– Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information.
– You may only make a verifiable consumer request for access or deletion once within a 12-month period. The verifiable consumer request must:
– Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
– Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
– We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
– We may consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.
– We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
• Response Timing and Format: We will endeavour to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.
– Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt.
• Non-Discrimination: We will not discriminate against you for exercising any of your CCPA rights or the rights listed above. Unless permitted by the CCPA, we will not:
– Deny you goods or services.
– Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
– Provide you a different level or quality of goods or services.
– Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
21. Other California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send such request to Data Privacy Officer, Laurie Young, at Laurie.email@example.com.
22. Contact Information