Privacy Policy

Privacy Policy

This Privacy Policy applies to the personal data we obtain through the Hayward Tyler Inc, (“Hayward Tyler”, “we”, “us,” or “our”) websites, mobile applications, and social media pages, and offline collection in connection with sales, marketing, partner and supplier engagement, and third-party sources including ad networks, agents, representatives and brokers.   

This Privacy Policy sets out what personal data Hayward Tyler collects about you and how we use and protect it. Hayward Tyler is committed to conducting business in compliance with applicable laws and ensuring that your privacy is protected, and that personal data is held securely.

We are required by data protection law to give you the information in this Privacy Policy. It is important that you read the Privacy Policy carefully, together with any other similar or additional information that we might give you from time to time about how we collect and use your personal data.

This Privacy Policy applies from 25 May 2018, when the General Data Protection Regulation comes into force. It does not give you any contractual rights. We may update this Privacy Notice at any time.

Who is the data controller?

Hayward Tyler at 480 Roosevelt Highway, Colchester VT 05446 is the “controller” for the purposes of data protection law. This means that we are responsible for deciding how we hold and use personal data about you.

What type of personal data do we collect about you?

We may collect the following personal data:

• Name and job title
• Contact information including email address
• Information used to create your online account
• Purchase and customer service history
• Location data
• Information relevant to customer surveys and/or offers
• Other information provided to us by you

We hold and use this personal data so that we can:

• Conduct marketing and sales activities
• Respond to your inquiry or request
• Prepare, negotiate, and perform a contract with you
• Process your order or provide you with specific information
• Provide and administer our products and services
• Provide customer and technical support

• Support our customer/supplier relationship with you
• Better understand your business needs
• Maintain our internal record keeping to effectively manage your account
• Use the information to improve our products and services
• Periodically send you promotional emails about new products and services
• Contact you for market research and data analytic purposes
• Make informed business decisions
• Conduct investigations and comply with and enforce legal obligations
• Establish or preserve a legal claim or defense if required
• Verify your identity to prevent fraud or other illegal activities

What are our legal grounds for using your personal data?

Data protection law specifies the legal grounds on which we can hold and use personal data. We rely on one or more of the following legal grounds when we process your personal data:

• Your consent 
• We need it to take steps to enter into a contract with you. 
• We need it to comply with a legal obligation. 
• It is necessary for our legitimate business interests. 

Security

We are committed to ensuring that your personal data is secure. In order to prevent against unlawful loss or alternation, and against unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard the personal data we collect.

Children

Hayward Tyler will not knowingly collect personal data from children without insisting that they seek parental consent if required by applicable law. We will only use or disclose personal data about a child to the extent permitted by law, to seek parental consent pursuant to local law and regulations, or to protect a child.

Who do we share your personal data with?

We do not disclose, sell or otherwise market your personal data to third parties except as described here or at the time of collection:

• We may share any of your personal data with our Group Company, Avingtrans Plc in accordance with our legitimate business interests
• We may share any of your personal data with our legal and other professional advisers, including our banks and other financial institutions.
• We may share any of your personal data with suppliers and service providers we have retained to perform services on our behalf.
• We may share any of your personal data with our marketing partners, customers and other business partners for the purposes described in this policy.
• We may share any of your personal data as required by law, to governmental or judicial or law enforcement authorities, including the HMRC.

EMPLOYEES OR POTENTIAL EMPLOYEES 

The types of information we collect and use: 

We collect and use personal data that concerns you in connection with your employment at Hayward Tyler. We may collect the following categories of personal data: 

• Personal details and identification data such as name, personal and business address, personal and business telephone number, personal and business email address or any other contact details, date, and country of birth. 
• Personal data related to family and social circumstances such as gender, age, marital and family status (including the name and contact details of the next of kin).
• Employment related personal data such as: signature, employment status, national insurance numbers, insurance number, country of residence, nationality, photo, emergency contacts, passport information, work and residence permit, immigration status and travel visa information. 
• Qualifications such as qualifications and certifications including current and previous positions, education and training courses, resume/CV, records of education and work achievements, in some cases: contact details of referees and results of capability assessments and interview assessment/feedback. 
• Job information and work metrics such as position, title, employment contract, payroll ID, line manager, job band, performance history, employment status, leave of absence information, working time logging, training records, performance targets and development goals. In some cases, we may also record results of capability assessments, safety reports and incidents, and professional feedback.
• Compensation, allowances, benefits, and expense related information such as salary data, payroll data, pension plan number and contributions, non-salary benefits, bonus, compensation, share options, dependents, beneficiaries or health benefit nomination, bank statements, expense claims and receipts, bank account details, credit card data, phone expenses and insurance data. 
• Electronic identification data and information (where employee has access or is affected by such systems or applications) such as access logs, IT and internet usage, device identifiers (mobile device ID, PC ID etc.), registration and login credentials, IP address, tracking and analytics data, recordings (e.g. voice mail/call recordings), posts on corporate platforms (e.g. Yammer), password recovery data, information obtained via IT security tools. 
• Financial and other details such as account information, credit checks, payment details and transactions, investigation information and disciplinary history.
• Other personal data (which may include special categories of information as mentioned below) namely where you or others (such as your colleagues) may register these data on or in our systems, programs and application such as business documents containing personal information (e.g. queries, questions, complaints, orders and related records; emails; reports; contracts; presentations, minutes; work products), photos, images and/or videos. 
• The below-mentioned types of personal data are only collected and processed, if at all, in accordance with applicable local laws in your country of residence. 
• Special categories of personal data such as:  membership of religious congregations (e.g. if required for tax purposes); health and medical information, including disability status, special working conditions (such as use of a standing desk) and medical devices needed on the premises, work related injury and illness information, data for travel emergency support (blood type, medical history, allergies); race or ethnicity (e.g. where this is used for diversity purposes); in some cases: trade union membership, political opinions and sex life or sexual orientation (e.g. where this is used for investigations of non-equal treatment). 
• Data about criminal convictions and offences such as criminal background information and sanction list information to the extent required for the purposes of criminal background screening and Know Your Customer and Anti Money Laundering obligations. 
• To the extent necessary to fulfil our obligations, data obtained from publicly accessible sources, or which are legitimately transmitted by other third parties (e.g. a credit agency) such as data in public professional social media (e.g. LinkedIn), background check data. 

In case you would like to be provided with information about a specific personal data processing activity, you can request that by submitting a request at privacy@haywardtyler.com

Why we use your personal data? 

We may use your personal data as listed above for the following purposes: 

• Human resources management including organization and personal administration, working hours management, improving, and maintaining effective staff administration, internal workforce analysis, reporting and planning. 
• Staff transfer management from different affiliates and succession planning. 
• Payroll, compensation, and benefits management including providing staff benefits and maintaining salary, compensations including intellectual property, allowances, benefits, insurances, pensions and performance reviews. 
• Management and acquisition including recruitment, assessing suitability and working capacity, background checks and verification of qualifications, obtaining and providing references. 
• Learning and development management including certifications, training staff and performing assessments and employee satisfaction surveys. 
• Processes related to joining and leaving including internal moves and terminations. 
• Sickness and other leave and vacations management. 
• Internal health and safety programs including health and safety and accident records or reporting and managing process quality. 
• Travel and expenses management and organization of business trips including monitoring of travelers to provide support during security or medical emergencies; providing travel security, health and safety training and on a voluntary basis assistance in giving security support during emergencies; carrying out the obligations and exercising specific rights in the field of employment or a collective agreement. 
• organizing Hayward Tyler events and documentation of such events including managing and organizing internal non-marketing related campaigns, events, and meetings. 
• managing Hayward Tyler assets including pictures and videos depicting employees or other individuals available for download on the Hayward Tyler intranet, Hayward Tyler website, etc. 
• finance and shared accounting services providing record to report, order to cash and purchase to pay services. 
• reorganization, acquisition and sale of activities, business units and companies. 
• business reporting, statistics, and analytics. 
• monitoring and auditing compliance of employees’ activities in the workplace with Hayward Tyler’s corporate policies, contractual obligations and legal requirements including disciplinary actions. 
• carrying out audits, reviews, and regulatory checks to meet obligations to regulators. 
• governance, risk and compliance, including compliance with laws, law enforcement, court and regulatory bodies’ requirements (such as for the process of verifying the identity of customers, called as Know Your Customer / Anti Money Laundering monitoring purposes), customs and global trade compliance, conflict of interest and security obligations) and prevention, detection, investigation and remediation of crime and fraud or prohibited activities or to otherwise protect legal rights and to establish, exercise or defend legal claims; 
• managing the customer relationship, processing customer orders, and providing customer support, processing, evaluating, and responding to requests and inquiries. 
• managing the suppliers, contractors, advisers, and other professional experts including contact interaction, processing, and fulfilling purchases and invoices, and contract lifecycle management. 
• making use of work performance and products and for references on documents, such as drawings, purchase orders, sales orders, invoices, reports. 
• access control system providing electronically controlled ingress and/or egress for authorized individuals to locations that have access restrictions and a registry of personnel on site in case of emergencies. 
• intrusion detection including 3rd party monitoring of duress, perimeter, internal security points and ancillary supervisory monitors for site maintenance/automated systems. 
• maintaining and protecting the security of products, facilities, services, systems, networks, computers, and information, preventing, and detecting security threats, fraud or other criminal or malicious activities, and ensuring business continuity.
• managing IT resources, including infrastructure management including data back-up, information systems’ support and service operations for application management, end user support, testing, maintenance, security (incident response, risk, vulnerability, breach response), master data and workplace including user accounts management, software licenses assignment, security and performance testing and business continuity. 

We collect only the personal data from you that we need for the purposes described above. Certain personal data collected from you relates to your next-of-kin and emergency contacts. In these cases, you are requested to inform such persons about this Notice. 

In case you are working at a third-party site (for example Hayward Tyler customer location or facility), such third party may need to process your personal data for their purposes acting as a data controller. In these cases, you will receive or may request a separate privacy notice from the relevant data controller. 

What happens if you do not provide us with the information we have requested? 

Where it concerns processing, operations related to your employment (as described above), Hayward Tyler will not be able to adequately employ you without certain personal data and you may not be able to exercise your employee rights if you do not provide the personal data requested. Although we cannot mandate you to share your personal data with us, please note that this then may have consequences which could affect your employment in a negative manner, such as not being able to exercise your statutory rights or even to continue your employment. Whenever you are asked to provide us with any personal data related to you, we will indicate which personal data is required, and which personal data may be provided voluntarily. 

The legal basis we rely on 

For the use of your personal data for the purposes described above, we rely on the following legal basis, as applicable: 

• We process your personal data for the fulfilment of obligations in your employment contract with us and similar collective employment agreements, or as part of precontractual measures to establish employment and related contracts. 
• In some cases, we rely on our legitimate interests to process your personal data insofar as this is not overridden by your own privacy interests. Such interests may include: 
• monitoring (for example through IT systems), investigating and ensuring compliance with legal, regulatory, standard and Hayward Tyler internal requirements and policies. Prevention of fraud and criminal activity including investigations of such activity, misuse of Hayward Tyler assets, products, and services, and as strictly necessary and proportionate for ensuring network and information security; and transmitting personal data within the Hayward Tyler group for internal administrative purposes as necessary, for example to provide centralized services. 
• You may obtain a copy of our assessment regarding our legitimate interest to process your personal data by submitting a request to privacy@haywardtyler.com
• In some cases, we process your personal data on the basis of statutory requirements, for example, on the basis of labor law, allowances, tax or reporting obligations, cooperation obligations with authorities or statutory retention periods in order to carry out our contractual responsibilities as an employer. 
• In exceptional circumstances we may ask your consent at the time of collecting the personal data, for example photos, communications materials, and events. If we ask you for consent in order to use your personal data for a particular purpose, we will remind you that you are free to withdraw your 
• consent at any time and we will tell you how you can do this. Regarding special categories of personal data, we will only process such data in accordance with applicable law and: with your explicit consent for specific activities in accordance with applicable law; 
• when necessary for exercising rights based on employment, or social protection law or as authorized by collective agreement, or for preventive and occupational medicine or and evaluation of working abilities; or 
• where necessary for establishment, exercise, and defense of legal claims. 

Regarding personal data concerning criminal convictions and offences, we will only process such data where such processing is permitted by applicable (local) law. 

CONTRACTORS OR POTENTIAL CONTRACTORS OR WORKERS WORKING UNDER A SERVICE CONTRACT 

The types of information we collect and use: 

We collect and use personal data that concerns you in connection with your work assignment and the services you are providing under the work assignment/statement of work directly to Hayward Tyler. We may collect the following categories of personal data: 

• Identification data and business contact information, you share with us such as first name, last name, job/position/title, employer, employer address, nationality, tax number, work permit/visa information, business email address, business address, telephone number, mobile telephone number, telefax number, private telephone number, private email address, gender, date of birth.  
• Additional information you provide to us in the course of your work assignment such as data concerning the fulfilment of your work assignment, our contractual obligations and pre-contractual measures including correspondence data, offers, tenders, resume/CV, background check data, conditions, qualifications/certificates, contract and order data, invoices, payments, business partner history, records relating to queries/questions/complaints/orders, working time logging, and training and education records, vehicle license plate, insurance data.  
• Expense related information such as bank statements, payment details, transactions, expense claims and receipts, bank account details, credit card data.  
• Electronic identification data and information collected by the communications systems, IT applications and website browser (where contractor has access or is affected by such systems or applications and in accordance with the applicable law) such as information technology usage (system access, IT and internet usage), device identifier (mobile device ID, PC ID), registration and login credentials, IP address, login data and log files, Analytics ID, digital alias/signature, time and URL, searches, website registration and cookie data recordings (e.g. voice mail/phone recordings, Skype recordings). 
• Other personal data namely where you or others (such as your colleagues) may register these data on or in our systems, programs and application such as business documents containing personal information (e.g. queries, questions, complaints, orders and related records, emails, reports, contracts, presentations, minutes, work product photos, images and/or videos). 

The below mentioned types of personal data are only collected and processed, if at all, in accordance with applicable local laws in your country of residence and where relevant depending on your work assignment.   

• Special categories of personal data such as data for travel emergency support (blood type, medical history, allergies). 
• Data about criminal convictions and offences such as criminal background information for the purposes of criminal background screening. 
• To the extent necessary to fulfil our obligations, data obtained from publicly accessible sources, or which are legitimately transmitted by other third parties (e.g., a credit agency) such as data transferred to Hayward Tyler by your employer or the company through which you are assigned to Hayward Tyler, commercial register data, creditworthiness data. 

In case you would like to be provided with information about a specific personal data processing activity, you can request that by submitting a request at privacy@haywardtyler.com

 Why we use your personal data? 

We may use your personal data as described above for the following purposes:  

• human resources management as relevant to your work assignment and the services you are providing under the work assignment/statement of work directly to Hayward Tyler including organization and personal administration, working hours management, improving, and maintaining effective staff administration, internal workforce analysis, reporting and planning. 
• supplier and service provider management throughout the procurement, logistics and supply chain including contact interaction including tendering, engagement, processing orders, process and fulfilment of purchases, administration and management of suppliers, vendors, contractors, advisers, and other professional experts including contact interaction, processing, and fulfilling purchases and invoices, and contract lifecycle management. 
• staff transfer management from different affiliates and succession planning. 
• training contractors. 
• internal health and safety programs. 
• travel and expenses management and organization of business trips including monitoring of travelers to provide support during security or medical emergencies, providing travel security, health, and safety training and on a voluntary basis assistance in giving security support during emergencies, insurance management. 
• finance and shared accounting services providing record to report, order to cash and purchase to pay services. Making use of work performance and products and for references on documents, such as drawings, purchase orders, sales orders, invoices, reports.  
• reorganization, acquisition and sale of activities, business units and companies. 
• monitoring and auditing compliance with Hayward Tyler corporate policies, contractual obligations, and legal requirements. 
• carrying out audits, reviews, and regulatory checks to meet obligations to regulators. 
• maintaining and protecting the security of products, facilities, services, systems, networks, computers, and information, preventing, and detecting security threats, fraud or other criminal or malicious activities, and ensuring business continuity; and 
• managing IT resources, including infrastructure management including data back-up, information systems’ support and service operations for application management, end user support, testing, maintenance, security (incident response, risk, vulnerability, breach response), master data and workplace including user accounts management, software licenses assignment, security and performance testing and business continuity. 

We collect only the personal data from you that we need for the purposes described above. For statistical purposes, improvement of our services and testing of our IT systems we only use anonymized data. This means that these data can no longer (in)directly identify you or single you out as an individual.   What happens if you do not provide us with the information, we had asked you for or if you ask us to stop processing your information? Where it concerns processing, operations related to your work assignment (as described above), Hayward Tyler will not be able to adequately establish, conduct or terminate a business relationship with you, your employer, or the company through which you are assigned to Hayward Tyler and generally perform the purposes described above without certain personal data. Although we cannot obligate you to share your personal data with us, please note that this then may have consequences which could affect your work assignment in a negative manner, such as not being able to take requested pre-contractual measures to enter a contract with you, your employer, or the company through which you are assigned to Hayward Tyler or to establish and continue your work assignment. 

The legal basis we rely on 

We use your personal data for the purposes described in this notice based on one of the following legal bases, as applicable:  

• We may process your personal data for the fulfilment of contractual obligations resulting from your work assignment, or as part of pre-contractual measures we take.  
• In some cases, we rely on our legitimate interests to process your personal data insofar as this is not overridden by your own privacy interests. Such interests may include: conduct, management, development and furtherance of our business in the broadest sense possible including supply of products and services, performance of agreements and order management with suppliers, process and fulfilment of purchases, process quality management and improvement of products or services, analytics and market intelligence, reduction of default risks in our procurement processes and reorganization, acquisition and sale of activities, business divisions and companies; monitor, investigate and ensure compliance with legal, regulatory, standard and Hayward Tyler internal requirements and policies; prevent fraud and criminal activity including investigations of such activity, misuse of Hayward Tyler assets, products and services, and as strictly necessary and proportionate for ensuring network and information security; and transmitting personal data within the Hayward Tyler group for internal administrative purposes as necessary for example to provide centralized services.  

You may obtain a copy of our assessment of why we may process your personal data for these interests by submitting a request at privacy@haywardtyler.com

• In some cases, we process your personal data based on legal obligations and statutory requirements, for example, on the basis of tax or reporting obligations, cooperation obligations with authorities, statutory retention periods or the disclosure of personal data within the scope of official or judicial measures may be required for the purposes of taking evidence, prosecution or enforcement of civil law claims. 

With regard to special categories of personal data we will only process such data in accordance with applicable law and: 

• We will ask your explicit consent for specific activities in accordance with applicable law; or 
• where necessary for establishment, exercise, and defense of legal claims. 

With regard to personal data concerning criminal convictions and offences, we will only process such data where such processing is permitted by applicable (local) law. 

SUPPLIERS OR POTENTIAL SUPPLIERS 

The personal data we collect about you and how we use it We collect and use personal data that concerns you in connection with the agreements with our suppliers. 

We may collect the following categories of personal data:

• Identification data and business contact information, you share with us such as first name, last name, job/position/title, nationality, business email address, business address, telephone number, mobile telephone number, telefax number, private telephone number, gender, date of birth. 

• Additional information you provide to us in the course of our business relations such as data concerning the fulfilment of our contractual obligations and precontractual measures including correspondence data, offers, tenders, resume/CV, conditions, contract and order data, invoices, payments, business partner history, records relating to queries/questions/complaints/orders.  
• Electronic identification data and information collected by the communications systems, IT applications and website browser (where supplier has access or is affected by such systems or applications and in accordance with the applicable law) such as information technology usage (system access, IT and internet usage), device identifier (mobile device ID, PC ID), registration and login credentials, IP address, login data and log files, Analytics ID, time and URL, searches, website registration and cookie data, sound recordings (e.g. voice mail/phone recordings, Skype recordings). 

The below mentioned types of personal data are only collected and processed, if at all, in accordance with applicable local laws in your country of residence and where relevant depending on the agreements with our suppliers. 

• Data about criminal convictions and offences such as criminal background information and sanction list information to the extent required for the purposes of criminal background screening, due diligence, and Anti Money Laundering obligations 
• To the extent necessary to fulfil our obligations, data obtained from publicly accessible sources or which are legitimately transmitted by other third parties (e.g., a credit agency) such as commercial register data, creditworthiness data. 

What we use your personal data for 

We may use your personal data as described above for the following purposes: 

• Supplier and service provider management throughout the supply chain including contact interaction including tendering, engagement, processing orders, process and fulfilment of purchases, administration and management of suppliers, vendors, contractors, advisers, and other professional experts. 
• Paying debts, supplier invoice and payment management, purchasing of direct and indirect services; reporting and analytics including market intelligence and development and improvement of services or products through assessment and analysis of the information. 
• Management of process quality. 
• References on documents, such as tenders, purchase orders, invoices, reports.  
• Contract lifecycle management. 
• Payment collection and insolvency processes. 
• Training suppliers. 
• Finance and shared accounting services, providing record to report and purchase to pay services. 
• Reorganization, acquisition and sale of activities, business units and companies. 
• Monitoring and auditing compliance with Hayward Tyler’s corporate policies, contractual obligations, and legal requirements. 
• Carrying out audits, reviews, and regulatory checks to meet obligations to regulators. 
• Governance, risk and compliance, including due diligence and anti-money laundering obligations, customs and global trade compliance and sanctioned party list screening, security, including prevention, detection of crime and fraud. 
• Maintain and protect the security of products, facilities, services, systems, networks, computers and information, preventing and detecting security threats, and fraud or other criminal or malicious activities; 
• Manage IT resources, including infrastructure management including data back-up, information systems’ support and service operations for application management, end user support, testing, maintenance, security (incident response, risk, vulnerability, breach response), user accounts management, software licenses assignment, security and performance testing and business continuity. 

We collect only the personal data from you that we need for the purposes described above. For statistical purposes, improvement of our services and testing of our IT systems we use as much as reasonably possible anonymized data. This means that these data can no longer (in)directly identify you or single you out as an individual. 

What happens if you do not provide us with the information, we had asked you for or if you ask us to stop processing your information? 

Where it concerns processing, operations related to the agreements with our suppliers (as described above), Hayward Tyler will not be able to adequately establish, conduct or terminate a business relationship with you or your company and generally perform the purposes described above without certain personal data. Although we cannot obligate you to share your personal data with us, please note that this then may have consequences which could affect the business relationship in a negative manner, such as not being able to take requested pre-contractual measures to enter a contract with you or to establish and continue the business relationship you have asked for. 

The legal basis on which we use your personal data 

We use your personal data for the purposes described in this notice based on one of the following legal bases, as applicable:  

We may process your personal data for the fulfilment of contractual obligations resulting from contracts with you or your company, or as part of pre-contractual measures we take.  

In some cases, we rely on our legitimate interests to process your personal data insofar as this is not overridden by your own privacy interests. Such interests may include: 

• Conduct, management, development, and furtherance of our business in the broadest sense possible including supply of products and services, performance of agreements and order management with suppliers, process and fulfilment of purchases, process quality management and improvement of products or services, analytics and market intelligence, reduction of default risks in our procurement processes and reorganization, acquisition and sale of activities, business divisions and companies. 
• Monitor, investigate, and ensure compliance with legal, regulatory, standard and Hayward Tyler internal requirements and policies. 
• Prevent fraud and criminal activity including investigations of such activity, misuse of Hayward Tyler assets, products and services, and as strictly necessary and proportionate for ensuring network and information security. 
• Transmitting personal data within the Hayward Tyler group for internal administrative purposes as necessary, for example to provide centralized services. 

In some cases, we process your personal data based on legal obligations and statutory requirements, for example, on the basis of tax or reporting obligations, cooperation obligations with authorities, statutory retention periods or the disclosure of personal data within the scope of official or judicial measures may be required for the purposes of taking evidence, prosecution, or enforcement of civil law claims. 

Regarding personal data concerning criminal convictions and offences, we will only process such data where such processing is permitted by applicable (local) law. 

CUSTOMERS/CLIENTS OR POTENTIAL CUSTOMERS/CLIENTS 

The personal data we collect about you and how we use it 

We collect the following categories of personal data: 

• The business contact information you share with us: name, title, job title, email address, business address, telephone number, mobile telephone number. 
• Additional information you provide to us during our business relations, such as: interests in Hayward Tyler services or products, marketing preferences, registration information provided at events, fairs, contract or order data, invoices, payments, business partner history, etc. 
• Information your browser makes available when you visit the Hayward Tyler’s website: IP address, the source of your site visit, time spent on the website or a particular page, links clicked, comments shared, browser type, date and time of visit, etc. •
• To the extent necessary to fulfil our obligations, data obtained from publicly accessible sources, or which are legitimately transmitted by other third parties (e.g. a credit agency): commercial register data, association register data, creditworthiness data. 

What we use your personal data for 

We use your personal data to: 

• Process and fulfil orders and keep you informed about the status of your or your company’s order; • provide and administer our products and services. 
• Provide customer support and process, evaluate, and respond to requests and inquiries. 
• Conduct and facilitate customer satisfaction surveys. 
• Conduct marketing and sales activities (including generating leads, pursuing marketing prospects, performing market research, determining and managing the effectiveness of our advertising and marketing campaigns and managing our brand). 
• Send you marketing communications (such as alerts, promotional materials, newsletters, etc.). 
• Perform data analytics (such as market research, trend analysis, financial analysis, and customer segmentation). 

We only collect the personal data from you that we need for the above purposes. We may also anonymize your personal data, so it no longer identifies you and use it for various purposes, including the improvement of our services and testing our IT systems. 

What happens if you do not provide us with the information, we had asked you for, or if you ask us to stop processing your information? 

Certain personal data is necessary to establish, conduct or terminate a business relationship with you. We need you to provide us with the personal data required for the fulfilment of contractual obligations or which we are legally obliged to collect. Without such personal data, we will not be able to establish, execute or terminate a contract with you. Also, we will be unable to take requested pre-contractual measures to enter a contract with you or to establish and continue the business relationship you have asked for. 

The legal basis on which we use your personal data 

We use your personal data for the purposes described in this notice based on one of the following legal bases, as applicable: 

• We may process your personal data for the fulfilment of contractual obligations resulting from contracts with you or your company, or as part of pre-contractual measures we have been asked to take. 
• We may process your personal data on the basis of statutory requirements, for example, on the basis of tax or reporting obligations, cooperation obligations with authorities or statutory retention periods; We will ask your consent for the activities described in this privacy notice when required by applicable law, for example when we process your data for marketing purposes where we don’t have an existing business relationship with you or your company. 
•  We will rely on our legitimate interests to process your personal data within the scope of the business relationship with you or your company. Our legitimate interests to collect and use the personal data for this purpose are management and furtherance of our business. You may obtain a copy of our assessment of why we may process your personal data for these interests by submitting a request at privacy@haywardtyler.com 

OTHER DATA SUBJECT TYPES 

Unsolicited Personal Information 

If you send Hayward Tyler unsolicited personal information, for example a CV, Hayward Tyler reserves the right to immediately delete that information without informing you or to decide which category of data subject that you appear to be and manage your personal data within the remit of that category as described elsewhere in this Privacy Notice. 

Users of our website that do not fall under the specifically stated Data Subject Types 

The personal data we collect about you and how we get it 

We collect the following categories of personal data: 

• The business contact information you share with us: name, title, job title, email address, business address, telephone number, mobile telephone number, etc. 
• Information your browser makes available when you visit the Hayward Tyler website: IP address, the source of your site visit, time spent on the website or a particular page, links clicked, comments shared, browser type, date and time of visit, etc. 

What we use your personal data for 

We use your personal data to: 

• respond to your specific request that you make, for example request a demonstration, whitepapers, newsletters, or other information. 
• provide customer support and process, evaluate, and respond to requests and inquiries. 
• conduct and facilitate customer satisfaction surveys. 
• conduct marketing and sales activities (including generating leads, pursuing marketing prospects, performing market research, determining, and managing the effectiveness of our advertising and marketing campaigns and managing our brand); 
• send you marketing communications (such as alerts, promotional materials, newsletters, etc.). 
• perform data analytics (such as market research, trend analysis, financial analysis, and customer segmentation). 

We only collect the personal data from you that we need for the above purposes. We may also anonymize your personal data, so it no longer identifies you and use it for various purposes, including the improvement of our services and testing our IT systems. 

The legal basis on which we use your personal data 

We use your personal data for the purposes described in this notice based on one of the following legal bases, as applicable: Legitimate interest as by using our website it is understood that there is potential for you to be a potential customer, contractor, employee, or supplier.  

Transferring personal data outside the European Economic Area (“EEA”) Applicable to Hayward Tyler, Ltd Location Only

An overseas transfer of personal data takes place when the data is transmitted or sent to, viewed, accessed or otherwise used in, a different country. Data protection law restricts transfers of personal data to countries outside of the EEA because the law in those countries might not provide the same level of protection to personal data as the law in the EEA. To ensure that the level of protection afforded to personal data is not compromised, therefore, we are only able to transfer your personal data outside the EEA if certain conditions are met, as explained below.

To ensure that data protection is not compromised when personal data is transferred to another country, Hayward Tyler assesses the risks of any transfer of personal data outside of the UK (taking into account the principles in this Policy, as well as the restrictions on transfers outside the EEA) and puts in place additional appropriate safeguards where required. We may transfer some of your personal data to any country outside the EEA that Hayward Tyler operates in.

If there is an adequacy decision in place for the relevant non-EEA country, the country will be deemed to provide an adequate level of protection for your personal data. Where there is no adequacy decision in place for the relevant non-EEA country, we will put in place appropriate measures to ensure that any personal data transferred to the country is treated in a way that is consistent with and which respects the EEA and UK laws on data protection and receives an adequate level of protection with that country.

Data Privacy Frameworks

Hayward Tyler complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce.  Hayward Tyler has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF.  Hayward Tyler has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.  If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern.  To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

With respect to personal data received or transferred pursuant to the Data Privacy Frameworks, Hayward Tyler is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. 

Pursuant to the Data Privacy Frameworks, EU, UK, and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under the Data Privacy Frameworks, should direct their query to privacy@haywardtyler.com. If requested to remove data, we will respond within a reasonable timeframe. 

We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to privacy@haywardtyler.com 

In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Hayward Tyler’s accountability for personal data that it receives in the United States under the Data Privacy Frameworks and subsequently transfers to a third party is described in the Data Privacy Framework Principles. In particular, Hayward Tyler remains responsible and liable under the Data Privacy Framework Principles if third-party agents that it engages to process personal data on its behalf do so in a manner inconsistent with the Data Privacy Framework Principles, unless Hayward Tyler proves that it is not responsible for the event giving rise to the damage. 

In compliance with the Data Privacy Framework Principles, Hayward Tyler commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to the Data Privacy Frameworks. European Union, United Kingdom, and Swiss individuals with DPF inquiries or complaints should first contact Hayward Tyler by email at privacy@haywardtyler.com  

Hayward Tyler has further committed to refer unresolved privacy complaints under the Data Privacy Framework Principles to a U.S.-based independent dispute resolution mechanism, BBB NATIONAL PROGRAMS. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbbprograms.org/dpf-complaints for more information and to file a complaint. This service is provided free of charge to you. 

If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms.

See  https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf  

How long will we keep your personal data?

To the extent permitted by applicable law, we will retain personal data we obtain about you as long as (a) it is needed for the purposes for which we obtained it, in accordance with the provision of this Privacy Policy, or (b) we have another lawful basis, as stated in this Privacy Policy or at the point of collection, for retaining that personal data beyond the period for which it is necessary to serve the original purpose for obtaining the personal data.

Your rights under GDPR

You have a number of legal rights relating to your personal data. You have the right to:

• access certain personal information we maintain about you;
• request that we update, correct, amend, delete, remove, restrict the processing of your personal information; or
• exercise your right to data portability.
• You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here:  

https://edpb.europa.eu/about-edpb/board/members_en

Where provided by law, you may withdraw consent you previously provided to us or object at any time to the processing of your personal information on legitimate grounds relating to your situation.

To request to exercise these rights please contact Dan Conley, IT Manager at Hayward Tyler in writing. Please note that these rights are not absolute, and, in some circumstances, we may be entitled to refuse some or all of your request. If you have any questions or concerns about how your personal data is being used by us, you can contact Dan Conley, IT Manager at Hayward Tyler, 480 Roosevelt Highway Colchester, VT 05446.

Note too that you have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues.

Details of how to contact the ICO can be found on their website: https://ico.org.uk