Privacy Policy

North America - United States, Canada and Mexico

Privacy Policy

Last Updated: August 20, 2019

Hammer Technologies USA LLC (“HammerTech,” “we,” “our” or “us”) respects your privacy and is committed to protecting it through our compliance with this privacy policy. This privacy policy explains our policies and procedures regarding the collection, use, disclosure, and security of certain information that we receive, with a focus on information that would be considered “personal data” within the meaning of the EU General Data Protection Regulation (“GDPR”). As used in this privacy policy, “personal data” refers information about an identified or identifiable individual, such as their name or email address.

HammerTech provides a SaaS-based collaborative performance and productivity software platform that enables operations efficiency, quality and safety (as modified from time to time, the “HammerTech Software”).

For the purposes of the GDPR, HammerTech is considered the data controller. This means that our customer and its users are responsible for deciding how we use the information that we hold. We are a Washington limited liability company registered in the United States with an office at Hammer Technologies USA LLC,623 West Lake St. #105 Chicago, Illinois 60661.

The GDPR applies to you if you reside in the European Economic Area (an “EEA Resident”).

Please note that by accessing and using the HammerTech Software, including the various related services, features, functions, software, applications, websites and networks (together with the HammerTech Software, collectively, the “HammerTech Services”), you are accepting the practices described in this privacy policy, subject to any rights or restrictions that might apply under the GDPR if you are an EEA Resident, including the rights described in the European Privacy Rights for EEA Residents provisions below. This privacy policy is incorporated by reference into the Terms and Conditions that govern your use of the HammerTech Software and the other HammerTech Services (the “Terms”).

This policy describes the types of personal data and other information that we may collect from you or that you may provide when you access or use the HammerTech Software , the other HammerTech Services or any of the other features, functions, services, and products, including our Service Providers’ services and products, and our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies to personal data and other information we collect or may collect:

In registering to use and to create an account for the HammerTech Software.
In accessing and using the HammerTech Software and the other HammerTech Services.
In e-mail, text and other electronic messages sent through or use of the HammerTech Software or any of the other HammerTech Services.
When you send or upload any content through HammerTech Software or any of the other HammerTech Services.
Through services provided to us or to you by our Service Providers and other third-party companies, agents or contractors.

It does not apply to information collected by:

Us offline or through any other means, including on any website operated by HammerTech or any third party; or
Any third party, including through any link that may be accessible from or on the HammerTech Software or any of the other HammerTech Services.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your only choice is not to use the HammerTech Software or any of the other HammerTech Services. By accessing or using the HammerTech Software or any of the other HammerTech Services, you agree to this privacy policy. This policy may change from time to time. Your continued use of the HammerTech Software and/or any of the other HammerTech Services, after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Minors under the Age of 18

None of the HammerTech Services are intended for minors under 18 years of age. No one under age 13 may provide any information on or through the HammerTech Software or the other HammerTech Services. We do not knowingly collect personal data from children under 13. If you are under 13, do not use or provide any information on or through any of the HammerTech Services, use any of the interactive or public comment features of the HammerTech Services or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name, username you may use or any pictures of you. If we learn we have collected or received personal data from a child under 13 without verification of parental consent, we will delete that information. If you believe that we might have any information from or about a child under 13, please contact us at support@hammertechglobal.com.

Information We Collect About You and How We Collect It

We collect or may collect several types of information from and about users of the HammerTech Software and the other HammerTech Services, including:

Information by which you may be personally identified, including personal data such as name, address, birthdate, photo, work and mobile telephone numbers, e-mail address, work role, licenses and qualifications, emergency contacts, preferred language and any other personal data based on the fields or information configured by a customer;
Your IP address, including when you create an account;
Information that you provide by registering, creating accounts or filling in forms or applications on or through the HammerTech Software and the other HammerTech Services, including information provided in connection with registering to access and use the HammerTech Software;
Through web logs and error logs, including IP address, username, email address, data submitted and other information required by these logs;
When you report a problem with the HammerTech Software or any of the other HammerTech Services;
Records and copies of your correspondence (including e-mail addresses), if you contact us;
Details of tasks and other activities that you carry out through the HammerTech Software and any of the other HammerTech Services;
Information that a customer uploads for use in configuring the HammerTech Software platform;
Information that you provide when you contact our helpdesk;
Geo-location information when you use the HammerTech Software and the other HammerTech Services
Billing information, including the address for billing and billing contact information;
Information that is about you but individually does not identify you, such as the date and time of visit;
Usage details and information, including how you communicate with other users of the HammerTech Software and the other HammerTech Services, such as the time, date, sender and your interactions with messages (such as when you open a message); and/or
Device, internet and mobile information such as the hardware model, operating system version, unique device identifiers, browser type, language, wireless network, and mobile network information (including the mobile phone number).

We collect this information:

Directly from you when you provide it to us.
Automatically as you navigate through or use the HammerTech Software or any of the other HammerTech Services.
From our customers.
From third parties, such as our customers, Service Providers and other third parties that provide us or you with certain services.

Certain transactions may also involve you calling us or our calling you. Please be aware that we may monitor, and in some cases, record such calls for staff training or quality assurance purposes.

Data Minimization

We take every reasonable step to limit the volume of your personal data that we process to what is reasonably necessary.

We do not Engage in Automated Decision-making without Human Intervention

We do not use automated decision-making without human intervention, including profiling, in a way that produces legal effects concerning you or otherwise significantly affects you.

Consequences of not providing Personal Data

If you do not provide the personal data, we may not be able to access to the HammerTech Software or to respond to your requests or provide the HammerTech Services.

Use of Cookies and Other Tracking Technologies.

The technologies we use for automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our website, www.hammertechglobal.com (the “Site”). Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Site.

Do Not Track Policy

Your web browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. We do not honor any web browser “Do Not Track” signals or other mechanisms that provide you with the ability to exercise choice regarding the collection of personally identifiable information about your online activities over time and across third-party websites or online services. At present, no universally accepted standards exist on how companies should respond to do-not-track signals. In the event a final universally accepted standard is established, we will assess and provide an appropriate response to these signals

Third-party Responsibilities and Services.

We may use or partner with other third-party companies, agents or contractors for various purposes in connection with our business and operations (“Service Providers”), such as software and data base servers, voice and SMS communications, invoicing and payment processing, support,. In the course of performing these responsibilities and providing such services, these other companies may have access to your information. We may also share information, including your information, with these Services Providers in order to enable them to perform these responsibilities and to provide these services. These Services Providers may have adopted their own privacy policies, which are not subject to control by HammerTech. You should always review the policies of these Service Providers to make sure that you are comfortable with the ways in which they collect, use, maintain, protect and disclose your information. We do not list our current Service Providers because they change from time to time. If you would like the names of any of Service Providers, please email us at support@hammertechglobal.com.

The Service Providers may also transmit cookies to your computer or device when you click on ads that appear on or through the Service.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal data:

To provide you the HammerTech Software and the other HammerTech Services and the content and the other products and services that you request from us.
To identify authorized users of the HammerTech Software and the other HammerTech Services, including creating ID badges.
To process and complete transactions, including registration for the use of the HammerTech Software and send you related information.
To provide technical and other support to you.
To enable Service Providers to perform certain responsibilities and provide certain services in connection with the HammerTech Services and our business and operations.
To provide you with notices about your account, actions, or activity within the HammerTech Software.
To provide communications between users of the HammerTech Software.
To provide you with notices about the HammerTech Software and the other HammerTech Services.
To carry out our obligations and enforce our rights arising from any agreements entered into between you and us, including for billing and collection.
To notify you about changes to the HammerTech Software and the other HammerTech Services.
To enhance the safety and security of all of the HammerTech Services.
To maintain a history of any data access and modifications to the system, for security and auditing purposes.
To verify your identity and prevent fraud or other unauthorized or illegal activity.
In any other way we may describe when you provide the information.
To fulfill any other purpose for which you provide it.
To speed up your searches.
To recognize you when you return to the HammerTech Software. For any other purpose with your consent.

Some of the information that we collect automatically is statistical data and does not include personal data, but we may maintain it or associate it with personal data we collect in other ways or receive from third parties or you provide to us. It helps us to improve the HammerTech Software and the other HammerTech Services, and to deliver a better and more personalized service, including enabling us to:

Understand what features of the HammerTech Software our users utilize and how they use them
Create and establish industry benchmarks
Estimate our usage size and better understand usage patterns.
Store information about your preferences, enabling us to customize the HammerTech Software according to your individual interests.
Plan and prioritize new features, updates and enhancements

Storage and Transfer of Your Information

We may store any data or other information that we collect (personal or otherwise) ourselves or in databases and servers owned and maintained by us, our affiliates, agents or Service Providers. If you access or use the HammerTech Software or any of the other HammerTech Services outside of the United States, information that we collect about you may be transferred to servers inside the United States and maintained indefinitely, which may involve the transfer of information out of countries located in the European Economic Area and other parts of the world unless otherwise prohibited by applicable law or agreed by HammerTech and you. By allowing HammerTech to collect information about you, you consent to such transfer and processing of such information without restriction. We may also store some information locally on your computer or other devices. For example, we may store information as local cache so that you can open the HammerTech Software and view content faster.

Although users from all over the world may access the HammerTech Software and the other HammerTech Services, keep in mind that no matter where you live or where you happen to use our services, you consent to us processing and transferring information in and to the United States and other countries whose data-protection and privacy laws may offer fewer protections than those in your home country.

Disclosure of Your Information

We may use and disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal data that we collect or you provide as described in this privacy policy:
To our subsidiaries, affiliates and parent company.
To other users in your organization in connection with the HammerTech Software or any of the other HammerTech Services.
To our Service Providers, contractors and other third parties we use to support the HammerTech Software and our business.
To a potential or actual buyer, assignee or other successor (including its related advisors and agents) in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of HammerTech’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal data held by HammerTech about users of the HammerTech Software and the other HammerTech Services is among the assets that may be or are actually transferred.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.

We may also disclose your data information:

To comply with any court order, law or legal process, including to respond to any government or regulatory request.
To enforce or apply the Terms and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of HammerTech, our customers or others.

We may share information that is anonymized or in an aggregated form that does not directly identify you and we may use and share any such information for any purpose without restriction so long as it does not violate the terms of this privacy policy or any applicable law. We may use, disclose or sell that anonymized or aggregated information without restriction so long as we do not disclose any of your personal data or violate the terms of this privacy policy or any applicable law.

Choices About How We Use and Disclose Your Personal Data

We strive to provide you with choices regarding the personal data you provide to us. We have created mechanisms to provide you with the following control over your personal data:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that all or some parts of the HammerTech Software, may then be inaccessible or not function properly.

We do not control third parties’ collection or use of your information to serve interest-based advertising. You may be able to opt out of receiving personalized advertisements from companies who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. For more information about this practice and to understand your options, please visit: http://www.aboutads.info and http://www.networkadvertising.org/choices/. You may also use TRUSTe’s Preference Manager at http://preferences-mgr.truste.com.

Our Legal Bases for Handling Your Personal Data

GDPR and the laws in some other jurisdictions require companies to tell you about the legal bases that they rely on to use or disclose your personal data. To the extent that those laws apply, we rely on the following legal grounds to process your personal data:

Performance of a contract: In most cases, we collect and use your personal data and other information to meet our obligations under a contract to which you are a party or pursuant to which we are providing services to you. For example, when you use our HammerTech Software or the other HammerTech Services, we will use your personal data to respond to your requests and to provide you with these services.
Legitimate interests: We may use your personal data information for our legitimate interests on the grounds that it furthers our legitimate interests in commercial activities (but only to the extent that such interests are overridden by the interests or fundamental rights and freedoms of the affected individuals) including:
Analyzing and improving the HammerTech Software, the other HammerTech Services and our business
Providing the services pursuant to our contracts with our clients
Legal compliance: We may use and disclose personal data in certain ways to comply with our legal obligations under European or Member State law or other applicable law.
Consent: To the extent required by law, and in certain other cases, we handle personal data on the basis of implied or express consent.

Accessing and Correcting Your Personal Data

You may change, correct or delete any personal data that you have provided to us by emailing us at support@hammertechglobal.com.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of that are California residents to request certain information regarding our disclosure of personal data to third parties for their direct marketing purposes. To make such a request, please send an e-mail to support@hammertechglobal.com or write to us at: Hammer Technologies USA LLC, 623 West Lake St. #105 Chicago, Illinois 60661.

European Privacy Rights for EEA Residents.

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your personal data) if we intend to use your personal data for such purposes or if we intend to disclose your personal data to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your personal data. You can also exercise the right by contacting us directly.

If you are an EEA Resident and GDPR applies and we hold your personal data in our capacity as a controller, you may request that we:

Provide access to and/or a copy of certain personal data (including, in some cases, in portable form);
Prevent the processing of your personal data for direct-marketing purposes (including any direct marketing processing based on profiling);
Update personal data that is out of date or incorrect;
Delete certain personal data which we are holding about you; provided that the personal data is not required by us for (i) compliance with a legal obligation under European or Member State law or other applicable law or (ii) the establishment, exercise or defense of a legal claim;
Object to our processing of personal data;
Restrict the way that we process and disclose certain of your information except to the extent that processing is required (i) to comply with a legal obligation under European Member State law or applicable law or (ii) for the establishment, exercise or defense of legal claims;
Transfer your personal data to a third party to the extent that this is technically feasible; and
Honor a revocation of your consent for the processing of your personal data (without retroactive effect).

We will consider all requests and provide our response within the time period required by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with additional information to confirm your identity before responding to your request. You have the right to lodge a complaint with the authorities applicable to your situation, though we invite you to contact us with any concern, as we would be happy to try to resolve it directly.

If you are an EEA Resident in France, you also have the right to set guidelines for the retention and communication of your personal data after your death.

If you reside in a jurisdiction other than the European Economic Area, you may also have similar rights to the above. Please contact us at support@hammertechglobal.com if you would like to exercise one of these rights, and we will comply with any request to the extent required under applicable law.

In addition, where you believe that we have not complied with its obligation under this Privacy Policy or European law, you have the right to make a complaint to an EU Data Protection Authority, such as the UK Information Commissioner’s Office. Here is a list of local data protection authorities in EEA countries.

You can exercise any of these rights by contacting us at support@hammertechglobal.com or write to us at: Hammer Technologies USA LLC, 623West Lake St. #105 Chicago, Illinois 60661.

How Long We Store Your Personal Data

We will only retain your personal data, in a form which permits us to identify you, for as long as necessary to fulfil the purposes we collected it for. We will retain and use your personal data as necessary to satisfy any legal, accounting or reporting requirements, to resolve disputes or to enforce our agreements and rights. To dispose of personal data, we may anonymize it, delete it or take other appropriate steps. Data may persist in copies made for backup and business continuity purposes for additional time.

Data Security

We understand that the security of your personal data is important. We provide reasonable administrative, technical, and physical security controls to protect your personal data. However, despite our efforts, no security controls are 100% effective. HammerTech cannot ensure or warrant the security of your personal data. Any transmission of personal information over public or third party networks is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on or through the HammerTech Software.

The safety and security of your data also depends on you. Where you have chosen (or we have given you) a password for access to and use the HammerTech Software , you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of any of the HammerTech Software. The information you share in public areas may be viewed by HammerTech and anyone anonymously, including people who are not users of the HammerTech Software

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the home pages of the Site for at least 30 days and by email. If we make material changes to how we treat our users’ personal data that are materially less protective than provided in this policy, we will use reasonable efforts to notify you by e-mail to the e-mail address specified in your account and/or through a notice on the home pages of the Site and to attempt to get your consent to the changes. The date the privacy policy was last updated is identified above. You are responsible for ensuring that we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting the Site and this privacy policy to check for any changes. Like our Terms, of which this privacy policy is a part, your use, and/or continued use after our efforts to contact you, of , the HammerTech Software means that you agree to be bound by such changes.

Survival

The policies indicated in this privacy policy will remain effective, even if the Terms and the other agreements between us are terminated and you are no longer using the HammerTech Software or any of the other HammerTech Services.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices or need to reach us for any other reason, you may contact us by e-mail at support@hammertechglobal.com or by mail at Hammer Technologies USA LLC, 623 West Lake St. #105 Chicago, Illinois 60661.