Privacy Statement

Flexible Metal Privacy Notice Effective Date: 3/16/2022

‍1.     Introduction
‍Welcome! You have arrived at a website operated by Flexible Metal, Inc. or our affiliates (“Flexible Metal,” “we”, “our” or “us”). For almost 70 years, Flexible Metal has continuously engaged in the expert design, development, and manufacturing of metal bellows and specialized tubular assemblies. The company is an approved Tier 1 supplier to the major automotive, engine, and heavy equipment manufacturers of on-highway and off-highway vehicles.

‍At Flexible Metal, we take your privacy very seriously. This Privacy Notice (“Notice”) describes the types of personal information that we collect, how we use it, how and when we share it, and the rights you have with respect to your information. It also explains how we communicate with you and how you can make inquiries and requests to us about your information. We strive to help you understand how we use your information to improve our products, services, marketing, and interactions with you, as part of our commitment to maintaining your trust.

2.     Scope
This Notice applies when you use or access the website, www.flexiblemetal.com, and its subdomains or portals (the “Site”); or otherwise provide Personal Information or interact with us online or in-person. For the purpose of this Notice, "Personal Information" means any personal information relating to an identified or identifiable individual that is protected by applicable privacy laws. We refer to all of the above as “Services.” By using the Services, you agree to our Terms of Service.

Where applicable, we indicate whether and why you must provide us with your Personal Information, as well as the consequences of failing to do so. If you do not provide Personal Information when requested, you may not be able to benefit from our Services if that Personal Information is necessary to provide you with the Services or if we are legally required to collect it. If you have any questions about this Privacy Notice, please contact us at privacy@flexiblemetal.com.

3.     What Information We Collect
This section describes what information we collect from you through our Site or Services. We may receive information (including Personal Information) in the following ways:

Information That You Provide to Us
As you interact with our Site or Services, we may collect the following Personal Information via the webforms or inputs/uploads on our Site, and through telephone calls, letters, emails and other communications with you:

• Contact and account information. We may collect information such as your first and last name, email address, business address, telephone numbers, and mobile numbers
• Social media information. We may collect information such as social media handles, content and other data shared with us through third-party features that you use on our Site or Services (such as widgets and plug-ins offered by social media services like Facebook and LinkedIn) or posted on social media pages (such as our social media page or other pages accessible to us)
• Employment information. If you apply for employment with us, we may collect information such as your current or past employment or educational information, as well as references and referrals provided to us in connection with your employment applications
• Other information. We may collect other information that could reasonably be used to identify you personally or identify your household or device. Your decision to provide us with Personal Information is voluntary, but if you choose not to provide any requested information, you may not be able to take advantage of all the features of the Site or Services. 

Information That Is Automatically Collected
Like many businesses, we and/or our service providers may automatically collect and/or store certain information when you visit or interact with the Site or Services (“Usage Information”). This Usage Information may be stored and/or accessed from your personal computer, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our Site or App. Usage Information may include:

• Your IP address, IDFA, Android/Google Advertising ID, IMEI, or another unique identifier
• Your Device functionality (including browser, browser language, settings and behavior, operating system, hardware, mobile network information)
• Referring and exit web pages and URLs
• The areas within the Site that you visit and your activities there, including remembering you and your preferences
• Your Device location or other location information, including the zip code, state or country from which you accessed the Services
• Your Device characteristics
• Certain other Device data, including the time of day you visit our Site or other information used to provide analytics or other usage information
• Information about your engagement with our emails
• Statistical information about how both unregistered and registered users, collectively, use the Site and Services. This aggregate information is derived from Personal Information but cannot be tied back to you or your web browser.

Information Collected from Third Parties
The Site may include functionality that allows certain kinds of interactions between the Site and your account on a third-party website or application. The use of this functionality may involve the third-party site providing information to us. For example, we might obtain information about the traffic and usage of Flexible Metal from third parties. These third parties also use cookies and other tracking technologies to capture information about your interactions with Flexible Metal. Flexible Metal does not have control over the information that is collected, used, and shared by these third parties. We encourage you to review the privacy statements of these third parties to understand their privacy practices.

4.    How We Use Your Information
We use your information for business and commercial purposes, including to use or browse the Site, to offer our Services, to provide you with customer service, to prevent security and fraud, to provide marketing information about our products and services, and to perform website analytics. We may use the information we collect about you in a variety of ways, including:

To Provide Our Services
We process certain Personal Information when you access or use our Services, including to:
• facilitate the functionality of our Site; and
• customize experiences and personalization when you are on our Site.

To Communicate with You
We process certain information in order to communicate with you in relation to your accounts, our Services, our marketing, and your requests, including to:
• communicate with you about orders, purchases, returns, and our Service
• respond to your customer service inquiries and requests for information
• send you personalized promotions, content, and special offers
• communicate with you about our products, events, or other promotional purposes
• implement your communications preferences, such as sharing information with our business partners so that they may email you about     their promotions, products and initiatives
• provide important product safety information, warranty information on products and notice of product recalls.

For Improvement of Our Site or Services
We want to ensure that our Site and Services are continually improving and expanding so that we meet and exceed your needs and expectations. To do so, we may process certain Personal Information, including to:
• maintain, improve, and analyze our Site or Services
• detect, prevent, or investigate suspicious activity or fraud.

To Comply with Applicable Laws
We may be required to process certain Personal Information under certain laws and regulations, such as tax laws, as well as to:
• maintain appropriate records for internal administrative purposes
• comply with applicable legal and regulatory obligations, and respond to lawful governmental requests, as needed.

To Enforce our Terms, Agreements, or Policies
To maintain a safe, secure, and trusted environment for you when you use our Site and Services, we may use your Personal Information to ensure our Terms of Use, policies, and agreements with you and any third parties are enforced.

Evaluate Your Application for Employment
We may use your personal information to evaluate your application for employment or administer employment benefits.

With Your Consent
We may process certain Personal Information in order to fulfill any other business or commercial purposes at your direction or with your consent.

5.    Use of Cookies
We use cookies and other tracking technologies to personalize your experience, analyze user trends, and improve the Services. These tracking technologies allow us to collect information such as your device type, browser type, interactions with our Site, geographic location, your web request, the date and time of your web request, your Internet Protocol address, the domain name of your Internet service provider and other data. If you can be identified from this information, for example by combination with other pieces of information, then we will treat this information as Personal Information.

You can alter the configuration of your browser to refuse to accept cookies, but it is possible that doing so may cause limited functionality of the Site. We may use “cookies” (a small text file sent by your computer each time you visit our site) or similar technologies to record log data. Many browsers default to accepting cookies. You may be able to change this setting in your browser and you can also clear your cookies. If you do, you may lose some functionality of our site. Check your browser’s help function to learn more about your cookie setting options.

We may use the following types of cookies:
• Strictly necessary cookies. These cookies are essential for you to browse the website and use its features, such as accessing secure areas of the site. Cookies that allow web shops to hold your items in your cart while you are shopping online are an example of strictly necessary cookies. While it is not required to obtain consent for these cookies, what they do and why they are necessary should be explained to the user.
• Functionality cookies. Also known as “preference cookies,” these cookies allow a website to remember choices you have made in the past, like what language you prefer, what region you would like weather reports for, or what your user name and password are so you can automatically log in.
• Analytics cookies. Also known as “performance cookies,” these cookies collect information about how you use a website, like which pages you visited and which links you clicked on. None of this information can be used to identify you. It is all aggregated and, therefore, anonymized. Their sole purpose is to improve website functions. This includes cookies from third-party analytics services as long as the cookies are for the exclusive use of the owner of the website visited.
• Advertising cookies. These cookies track your online activity to help advertisers deliver more relevant advertising or to limit how many times you see an ad. These cookies can share that information with other organizations or advertisers. These are persistent cookies and almost always of third-party provenance.

We might also use a pixel tag which is a small graphic file that allows us and third parties to monitor the use of the site and provide us with information based on your interaction with the site. These tags may collect the IP address from the device which you loaded the page, the browser type. Pixel tags are also used by third parties to collect information when you visit our site, the links and other actions you take on our site, and we may use this information in combination with cookies to display targeted advertisements.

Other data technologies may be used that collect comparable information for security and fraud detection purposes.

6.    Your Choices
On most web browsers, you will find a “help” section on the tool bar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please see the links below for guidance on how to modify your web browser’s settings on the most popular browsers:
• Internet Explorer
• Edge
• Mozilla Firefox        
• Google Chrome        
• Apple Safari

‍Note, however, that if you reject our request to use cookies or turn cookies off, you may be unable to access certain parts of the Site and you may not be able to benefit from the full functionality of the Site. To find out more about cookies and similar technologies, including how to see what cookies and similar technologies have been set and how to manage and delete them, visit www.allaboutcookies.org,and/or www.youronlinechoices.com. 

Do Not Track
Your 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 and platforms. Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities overtime and across third-party websites or online services (e.g., browser do not track signals), but there is no universally agreed-upon standard for what an organization should do when it detects a DNT signal. Currently, we do not monitor or take any action with respect to these signals or other mechanisms. You can learn more about Do Not Track here.

Communication Preferences
With your consent, Flexible Metal communicates with you via a variety of digital media. To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from us if your computer supports such capabilities. You can opt out of receiving emails from us at any time. To manage your communications preferences with Flexible Metal — or to opt out of communications entirely — please unsubscribe at the bottom of our emails or contact us at privacy@flexiblemetal.com.

Analytics
We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en.You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

7.     How We Share Your Information
Services Providers
We share your Personal Information with our third-party service providers who provide services such as website hosting, data analysis, information technology, customer service, email delivery, online advertising, auditing, and other services.

Third Party Advertising
We share information about your use of our Site and Services, your purchases, and your interaction with our ads on other websites with our advertising partners to provide you with targeted advertisements or marketing communications we believe may be of interest to you. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at https://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by visiting the following:·        
• Facebook - https://www.facebook.com/settings/?tab=ads·        
• Google - https://adssettings.google.com

‍Other
Aside from the instances described above, we will only share your Personal Information:
• to comply with the law
• to respond to claims or comply with legal process served on Flexible Metal (e.g., a lawful subpoena, warrant, or court order)
• to enforce or apply our policies or agreements      
• to protect and defend our rights or property or that of our customers, employees, visitors, or the public    
• in connection with a business transfer, sale, liquidation, or merger        
• if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure
• with your consent

8.    Third Party Links
Our Site may contain links to other websites such as social media platforms, other websites, and event and partner websites. These website are not covered by this Privacy Notice. Please review the Privacy Notices or Policies of those websites to understand the privacy practices of these third parties.

9.     International Transfers of Personal Information
The Site is operated in the United States. If you are located in another jurisdiction, please know that your information will be transferred to, stored, and processed in the United States. By using the Site and providing us with information, you consent to this transfer, processing and storage of your information in the United States. It is important to note that the privacy laws in the United States may not be as comprehensive as those in other countries such as those in the European Union (“EU”). Our service providers use appropriate safeguards to transfer your Personal Information to the United States.

10.    Security
We seek to use reasonable organizational, technical and administrative measures to protect Personal Information. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please contact us at privacy@flexiblemetal.com.

11.    Your Rights Under the General Data Protection Regulation
This section of our Privacy Notice applies if you are a data subject who resides or is located in the European Economic Area (“EEA”). We adopted this Policy to comply with European privacy laws, including the General Data Protection Regulation (“GDPR”). Any terms defined in the GDPR have the same meaning when used in this Section. In most instances, Flexible Metal is the data controller for processing Personal Information provided to us through the Site.

We hope to ensure that the Personal Information we possess are always accurate and therefore we encourage you to update your information in your own account in case any changes have occurred. We have listed below the rights that you may be able to exercise in respect of the processing of your Personal Information, subject to applicable law. We take every reasonable step to ensure that the Personal Information that we process are limited to the Personal Information that are reasonably required in connection with the purposes set out in this Privacy Notice.

If you are a resident of or located within the EEA, you have certain data protection rights. These rights include:·        
• The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Information by contacting us at the contact information below.        
• The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.        
• The right to object. You have the right to object to our processing of your Personal Information.        
• The right of restriction. You have the right to request that we restrict the processing of your Personal Information.       
• The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable, and commonly used format.
• The right to withdraw consent. You also have the right to withdraw your consent at any time where Flexible Metal relied on your consent to process your Personal Information.

Legal Basis for Processing Personal Information
We rely on the following legal bases for processing your Personal Information:        
• Processing of your Personal Information that you provide to us when you interact with our Services is necessary to respond to or implement your request prior to entering into a contract with us.        
• When you apply for employment through our Site, processing of your contact details and data about your employment history and education (as needed to evaluate your job application, to conduct job interviews, and as is otherwise needed for recruitment) is necessary to respond to your request to process your application for employment. If you do not provide this data, we will not be able to process the application that you send through our Site.        
• We will send you information by email on our new services or other promotions only with your consent or if you otherwise opt-in to receiving those communications. If you do not provide us with your consent to the processing of your Personal Information for this purpose, we will not send you this information. You have the right to withdraw your consent at anytime as described below. 
• Our use of data relating to your use of the Site and/or the Services, described above, is necessary for our legitimate interests in understanding how the Site and the Services are being used by you, to improve your experience on it and our Services offerings. We have also a legitimate interest in aggregating and/or anonymizing the information that we collect through our Site and/or the Services and using this information for our business purposes, as described above. When we process your Personal Information for our legitimate interests, we make sure to consider and balance any potential impact on you, and your rights under data protection laws. Our legitimate business interests do not automatically override your interests – we will not use your Personal Information for activities where our interests are overridden by the impact on you, unless we have your consent or those activities are otherwise required or permitted to by law. You have the right to object to processing that is based on our legitimate interests, as further described below.

Retention of Personal Information
Flexible Metal will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Notice. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your Personal Information to comply with applicable laws), resolve disputes and enforce our legal agreements and policies. All information you provide to us is stored on our secure servers or those of our third-party data storage providers.

Exercising Your Rights Under GDPR
If applicable, you may exercise any of your rights under the GDPR by submitting a verifiable data subject request to us by using the contact details below. You may make a request related to your Personal Information or on behalf of someone for which you have authorization. You must include your full name, email address, and attest to the fact that you are a citizen or resident of the EEA by including your country of citizenship or residence in your request. We may require you to confirm your identity and/or legal standing for the request as well as your residency in the EEA in order to obtain the information. We will respond to your request within 30 days or let you know if we need additional time.

Please note that we will ask you to verify your identity before responding to such requests, and we may deny your request if we are unable to verify your identity or authority to make the request. Should you wish to raise a concern about our use of your data (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority; however, we hope that we can assist with any queries or concerns you may have about our use of your Personal Information first by contacting us as follows: 
‍rconejova@flexiblemetal.com
+1 727-674-4518
Oderská 935/7a
196 00 Praha 9 – Čakovice
Czech Republic 

12.    Your California Privacy Rights

This section of our Privacy Notice applies to consumers who reside in California. We adopt this section to comply with the California Consumer Privacy Act (“CCPA”) and California Privacy Reform Act (“CPRA”).

If you are a California resident, you may be able to exercise the following rights. We will honor requests received to the extent required by applicable law and within the time provided by law.

Right to Access and Information Regarding Personal Information
You have the right to request that we disclose to you the categories and specific pieces of Personal Information we have collected about you. Specifically, you have the right to request that we disclose the following to you, in each case in the twelve-month period preceding your request:
• The categories of Personal Information we have collected about you       
• The categories of sources from which the Personal Information is collected        
• Our business or commercial purpose for collecting or selling Personal Information       
• The categories of third parties with whom we share Personal Information        
• The specific pieces of Personal Information we have collected about you        
• The categories of Personal Information about you, if any, that we have disclosed for monetary or other valuable consideration and the categories of third parties to which we have disclosed the information, by category or categories of Personal Information for each third party to which we disclosed the Personal Information    
• The categories of Personal Information about you that we disclosed for a business purpose.

Right to Deletion of Personal Information
You have the right to request that we delete Personal Information about you that we have collected from you. There may be certain exceptions to our obligation to delete your information such as if you have an existing account or transaction with us or if we have a legitimate business reason to keep your information.

Right to Opt-Out
You have the right to opt out of the sale of Personal Information. We do not sell Personal Information, but we recognize that some privacy laws define “personal information” in such a way that making available identifiers linked to you for a benefit may be considered a “sale.” To opt-out of this, please click on this link.

Right to Non-Discrimination
We may not discriminate against you because you have exercised any of the aforementioned rights, including by:        
• Denying you goods or services        
• Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties     
• Providing you a different level or quality of goods or services      
• Suggesting that you will receive different price or rate for goods or service or at a different level or quality of goods or services.

However, as permitted by the CCPA, we may offer you certain financial incentives. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value. Participation in a financial incentive program requires your prior opt-in consent, which you may withdraw at any time.

Personal Information We Collect about California Consumers
We collect certain types of Personal Information about you during your relationship with us, as stated above. In particular, we collected the following categories of Personal Information from California consumers within the last twelve (12) months: