Last Updated: July 2020
This Policy applies to and describes the types of information we may collect from you or that you may provide to us when you visit and use the Website.
Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. By accessing, interacting with and/or using the Website, you agree to all of the terms in this Policy. If you do not agree with our policies and practices, your choice is to not use the Website. This Policy may be changed or modified from time to time without prior notice. Any modifications will be effective immediately. You can determine when the Policy was last revised by referring to the “Last Updated” legend at the top of this page. Your continued use of the Website after we make any such changes is deemed to be acceptance of those changes. Please regularly check the Policy for updates.
What Personal Information Do We Collect?
We may collect and transmit personally identifiable information that you voluntarily provide to us through the Website. Personally identifiable information that we collect and transmit may include, but will not be limited to: first and last name, company name, job title, mailing address, e-mail address, telephone number, education history, professional qualifications, information contained in any e-mail or other communication you send to us, information you give to us in any other way and any other identifier that permits us to identify or contact you (“Personal Data”).
This information may be collected through various portions of the Website. Some of the ways in which we may collect Personal Data from you include, but are not limited to, our:
- Careers webpage
- “Contact Us” form
- “Get-a-Quote” form
- “Configure Your XRV Sub-System” form
You may visit and use the Website without providing your Personal Data through these forms. If you choose to provide your Personal Data through the Website, and later decide that you want to opt out of us having your information, just let us know by emailing email@example.com, mailing us at 475 Wireless Boulevard, Hauppauge, New York 11788 or calling us at (631) 630-3000.
We do not accept credit card payments through our Website, nor do we store sensitive financial information.
Data may be collected from you automatically when you access or interact with the Website. We may collect information about how you access and use the Website ("Usage Data"). Usage Data may include information such as the date and time of your visit, the pages you access, the time spent on those pages, the name of your Internet Service Provider, your device’s Internet Protocol address (“IP address”), the type of browser or application you are using to access the Website, the browser version and operating system, the Internet address from which you linked to our Website, unique device identifiers and other diagnostic data. We may also collect information regarding the device(s) you use to access or use the Website.
When you visit the Website with a mobile device, we may collect certain information automatically, including, but not limited to: the type of mobile device you are using, the IP address of your mobile device, your mobile device operating system, the type of mobile internet browser you are using, and other diagnostic data.
Cookies and Web Beacons
We use third-party advertising companies to serve advertisements on our behalf across the Internet. These third-party companies employ cookie and web beacon (also referred to as 1x1 pixel gifs or action tags) technologies to measure and improve the effectiveness of our advertisements.
Web beacons similarly help us understand how visitors interact with the Website. Web beacons may be used to deliver the cookie and to compile statistics about the Website, such as how many people visited a particular page or clicked on a particular link. This information may be used for online preference marketing purposes, and our third-party advertising partners may collect information about your Website visit to provide advertisements about goods and services of interest to you. This information may include date and time of banner advertisement shown, related cookies, and the first three octets of the IP address. Spellman may share aggregated statistics about usage data with third parties.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, some features of the Website may be unavailable to you.
Special Category Data
In limited circumstances related to pre-employment applications, we may collect Personal Data that is identified under the European General Data Protection Regulation (“GDPR”) as special category data. For more information, please see the Employment Information section below. Special category data includes details about race or ethnicity, religious or philosophical beliefs, sexual orientation, personal or political opinions, trade union membership, information about your health, and genetic and biometric data. In some situations, pre-employment background checks that collect information about an individual’s criminal history may be performed. We will only process special category data where we have a lawful basis for doing so.
Why Do We Collect Personal Data and How Do We Use It?
Most of the Personal Data we collect is provided to us directly by you so that we can consider your application for employment or to bring our products and services to you. Personal Data is collected and used for our legitimate business interests or those of our service providers. We collect and use Personal Data for the following reasons:
- To provide, operate, and monitor our Website
- To provide customer support and respond to the requests you direct to us
- To consider applicants for employment purposes
- For the performance of a contract with you: for example, to deliver you a product or service that you have purchased from us
- To maintain the quality of our services
- To ensure the Website is relevant to your needs
- For promotional communications such as newsletters, special offers and general information, provided you have not opted out of receiving such communications
- To send you information or contact you about a product or service you are using or that we believe may be of interest to you
- To detect, prevent, and remedy technical issues
- To generate and analyze statistics regarding the use of the Website so that we can improve its quality and make it more beneficial to you
- Third Parties – Who Do We Share Personal Data With?
When you give us your Personal Data, we will only share that information for the limited purposes set forth in this Policy. As described above, we share Personal Data with third-party advertising companies that advertise our products and services on our behalf. We also utilize the services of other third parties that help us manage the data we collect.
We may disclose Personal Data in the following situations:
- With service provider
- With website providers
- For business transfers
- With affiliates and/or subsidiaries
- With business partners
- With third party vendors
After an individual ceases to be a customer, their Personal Data resides in an archived form in our customer database unless we are explicitly instructed to remove it. Subject to certain exceptions permitted by law, individuals may instruct us to remove their data from our database by emailing firstname.lastname@example.org, mailing us at 475 Wireless Boulevard, Hauppauge, New York 11788 or calling us at (631) 630-3000.
We may disclose and exchange Personal Data if we are required by law to do so or in response to legitimate requests of public authorities (e.g. law enforcement, a court, or government agency).
We may buy, merge, or partner with other companies or businesses and in so doing, acquire or transfer information. Personal Data collected through the Website may be among the transferred business assets. In the event of an acquisition or merger, your Personal Data may be transferred so that we may continue to sell products to you. In the event that a portion or substantially all of our assets are sold or transferred to a third party, Personal Data would likely be a transferred business asset. You hereby agree to such transfers.
Other Reasons for Disclosure
- We may disclose Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights of the Company
- Prevent or investigate possible wrongdoing in connection with the Website
- Protect the personal safety of users of the Website or the public
- Protect against legal liability
We may use third-party website providers to monitor and analyze the use of our Website.
Google Analytics is a web analytics website offered by Google that tracks and reports (non-personally identifiable) website traffic. Google uses the data collected to track and monitor the use of our Website. This data is shared with other Google Websites. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Third Party Links & Services
In general, the third parties with whom we share Personal Data will only use, collect, and disclose Personal Data to the extent necessary for them to perform the services they provide to us.
Third parties may have their own privacy policies. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your Personal Data will be handled by these parties.
We use a third-party service provider, Jobvite, to assist with our collection and processing of potential employee applications. Jobvite is a recruiting and talent acquisition platform that assists us with processing your Personal Data for employment purposes.
We receive Personal Data about you that may include information you provide to us, information we generate as part of the recruiting and applications process, and information we receive about you from third parties. We use your Personal Data to recruit and evaluate potential candidates, to process and evaluate applications and make hiring decisions, to conduct background checks, to communicate with you and your references, and to comply with legal obligations. Your application and Personal Data will be collected and processed through Jobvite, our global applicant tracking system. We may use your Personal Data to consider you for opportunities at Spellman that you did not specifically apply for but for which we think you might be a good fit. If we hire you, we may transfer Personal Data we collect in connection with the application and hiring process into our human resources systems, use it to manage the new-hire process, to incorporate it into your employee file, and to create your own administrative profile, if applicable, for hiring purposes.
We process Personal Data from you during the application process for the following purposes:
- – To identify potential candidates, process and evaluate applications and make hiring decisions: We may collect and use your information, including Personal Data, to process your application, assess your capabilities and qualifications for a role and make hiring decisions. This information may include e.g., your education information, qualifications, previous work experience, citizenship and work authorization status, skills, cover letter information, salary information, professional and other work-related licenses, memberships, permits and certifications held, demographic information as required or permitted under applicable law, social media profile information and any other information that you elect to provide to us (e.g., career objectives, employment preferences, willingness to relocate or travel, awards).
- – To conduct background checks: We may collect and use information, including Personal Data, while conducting reference checks and, if we offer you a position, while conducting background checks. This information may include e.g., professional and other work-related licenses, memberships, permits and certifications held, graduation date, degree and institution, name and contact information for your references, government issued IDs, and criminal records and/or credit reports as allowed by applicable law.
- – Compliance with applicable laws: We may collect and use your information, including Personal Data, to comply with our legal obligations under applicable law, respond to legal requirements (statutes, regulations or court orders), administrative or judicial processes or contracts, including a subpoena or search warrant. For example, we may collect immigration status and work authorization information. We may also collect and use your information to cooperate with governmental agencies or law enforcement, to the extent allowed or required by and in accordance with applicable law. For example, if you are applying for a role located in the United States, you may provide us information about your gender, race, ethnicity, veteran status, disabilities, and visa status.
If you provide us with Special Category Data such as religious affiliation or ethnicity, you do so on a voluntary basis, unless such information must be processed by Spellman as required by law or is necessary for the purposes for which it was requested.
Spellman processes Personal Data of Applicant who are EU residents in connection with the following legal bases: 1) Spellman processes your Personal Data based on our legitimate interest to fulfill our recruiting and hiring, legal compliance, and related legitimate business activities; 2) Spellman processes your Personal Data in order to take steps to enter into a contract with you, where applicable, and in order to perform its obligations pursuant to a contract with you; 3) Where appropriate, Spellman will obtain your consent as required under the law, including obtaining your consent to send you certain communications. If we rely on consent, you may withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal; and 4) Spellman may use your Personal Data to comply with legal requirements, in accordance with applicable law. For further information relating to our processing of the Personal Data of EU residents, see the European General Data Protection Regulation section below.
It is our intent to strictly protect the security of your Personal Data, honor your choices for its intended use, and carefully protect your Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. We have taken appropriate steps to safeguard and secure the Personal Data and other information we collect online. Even so, no company, including us, can fully eliminate security risks associated with the transmission of Personal Data over the Internet. You should always take into consideration that the Internet is an open forum and that data may flow across networks with little or no security measures, and therefore such information may be accessible by people other than those you intended to access it.
We restrict access to your Personal Data to our employees, service providers and third parties who need the information in order to process it on our behalf. However, neither people nor security systems are foolproof, including encryption systems. In addition, people can commit intentional crimes, make mistakes, or fail to follow policies. Therefore, while we use commercially reasonable efforts to protect your Personal Data, we cannot guarantee its absolute security. If an applicable law imposes any non-disclaimable duty to protect your Personal Data, you agree that intentional misconduct will be the standard used to measure our compliance with this duty.
While we use commercially reasonable security measures to prevent unauthorized persons from accessing our files or tampering with the Website, we cannot guarantee that these efforts will always be successful. We do not represent, warrant, or guarantee that our safeguards will protect the total privacy of your Personal Data disclosed on the Website. Your Personal Data may be accessed and viewed by other Internet users without your knowledge or permission while in transit to or from us. We cannot and do not ensure, represent, warrant, or guarantee the security of any information you transmit through the Website.
Children, Age of Consent
We do not intentionally collect Personal Data from individuals under 13 years old. In compliance with the Children’s Online Privacy Protection Act, any information we receive from users we believe to be under the age of 13 will be deleted as soon as possible.
This Website is not intended for use by those under the age of majority in each given jurisdiction, nor is it targeted to those under the age majority in each relative jurisdiction. If you use the Website, you hereby represent and warrant that you are at least the age of majority in your applicable jurisdiction. No one under the age of majority in their applicable jurisdiction may provide any Personal Data to or on the Website. We do not knowingly collect Personal Data from those under the age of majority in their applicable jurisdiction nor do we knowingly sell or otherwise disclose the Personal Data of those under the age of majority in their applicable jurisdiction. If you are under the age of majority in your applicable jurisdiction, do not (i) use or provide any information on the Website or through any of its features, (ii) use any of the interactive or fillable features of the Website, or (iii) provide any information about yourself to us, including your name, address, telephone address, e-mail address or any other information that could be used to identify you. Any information we receive from users we believe to be under the age of majority in your applicable jurisdiction will be purged from our database.
California Privacy Rights
If you are a California resident, you have certain data protection rights. Under the California Consumer Privacy Act of 2018 (CCPA) and California Civil Code § 1798.83, you are entitled to exercise the following rights:
Disclosures of Personal Data We Collect
You have the right to know:
- The categories of Personal Data we have collected about you
- The categories of sources from which we have collected Personal Data
- Our business or commercial purpose for collecting or selling Personal Data
- The categories of third parties with whom we share Personal Data
- The specific pieces of Personal Data we have collected about you
Personal Data We Sell or Disclose
California residents have the right to know:
- The categories of Personal Data we have sold in the previous 12 months
- The categories of third parties to whom Personal Data was sold
- The categories of Personal Data we have disclosed for a business purpose
Spellman does not sell (as is defined in the CCPA) the Personal Data we collect and will not sell it without providing a right to opt out.
Right to Deletion
Subject to certain exceptions set out below, upon receipt of a verifiable request from you, we will:
- Delete your Personal Data from our records; and
- Direct any service providers we use to delete your Personal Data from their records.
Please note that we may not delete your Personal Data if it is necessary to:
- Complete the transaction for which your Personal Data was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us and you
- Detect and protect against security incidents, fraudulent or illegal activity, or for prosecuting those responsible for such activity
- Debug, identify, or repair errors that impair existing functionality
- Exercise free speech
- Comply with the California Electronic Communications Privacy Act
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all applicable ethics and privacy laws
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us
- Comply with an existing legal obligation
- Otherwise use your Personal Data, internally, in a lawful manner that is compatible with the context in which you provided the information
Protection Against Discrimination
You have the right not to be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot:
- Deny goods or services to you
- Provide a different level or quality of goods or services to you
Please note that we may charge a different price or rate to you if that difference is reasonably related to the value provided to us by your Personal Data.
California’s Shine the Light Law
In addition to CCPA, California Civil Code § 1798.83 permits users that are residents of California to request the following information regarding our disclosure of your Personal Data to third parties for those third parties’ direct marketing purposes: (i) a list of certain categories of personal information that we have disclosed to certain third parties for their direct marketing purposes during the immediately preceding calendar year; (ii) the identity of certain third parties that received personal information from us for their direct marketing purposes during that calendar year; and (iii) where the nature of the third parties’ business is not reasonably determinable, examples of the products or services marketed (if we have that information) . If you are a California resident and would like to make such a request, please email us at email@example.com, mail us at 475 Wireless Boulevard, Hauppauge, New York 11788 or call us at (631) 630-3000.
“Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)
The Website does not respond to or support Do Not Track (“DNT”) signals.
Do Not Track is a preference you can set in your web browser to inform websites you do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of your web browser.
European General Data Privacy Regulation (GDPR)
If you are a resident of the European Union (EU), you have certain data protection rights under the European General Data Protection Regulation (GDPR).
Legal Basis for Processing Personal Data Under GDPR
To process your Personal Data, we must have a legal basis for doing so. We may process your Personal Data under the following conditions:
- Consent: You have given your consent for processing Personal Data for one or more specific purposes.
- Performance of a contract: The Personal Data is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.
- Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
- Vital interests: Processing Personal Data is necessary in order to protect your vital interests or those of another natural person.
- Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
- Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.
Your Data Protection Rights Under GDPR
In certain circumstances, you have the following data protection rights with respect to the Personal Data that we collect and process:
- The Right to Request Access. You have the right to access, update, or delete the information we have about you.
- The Right of Rectification. You have the right to have any incomplete or inaccurate information we hold about you corrected.
- The Right to Object. You have the right to object to our processing of your Personal Data.
- The Right to Restrict Processing. You have the right to request that we restrict the processing of your Personal Data.
- The Right of Erasure. In certain circumstances, you have the right to ask us to remove or delete your Personal Data.
- The Right to be Forgotten. You have the right to request that we delete your personal information, in certain situations.
- The Right to Transfer. Upon request we will provide you (or a third-party you have chosen) the Personal Data we have collected about you. Your Personal Data will be provided in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the Personal Data to perform a contract with you.
- Withdraw Your Consent. You have the right to withdraw your consent at any time where Spellman relied on your consent to process your Personal Data.
Data Transfers outside of the European Economic Area (“EEA”)
If you are located in the EEA, we may need to collect, use, process, disclose, and transfer your Personal Data outside of the EEA. You hereby consent to such collection, use, processing, disclosure, and transfer. For further certainty, any consent relating to a right to transfer information referred to in this paragraph shall be deemed to include your consent to the transfer of the applicable information to a jurisdiction which may provide a different level of privacy protection than that available in your own country.
Exercising Your Rights Under GDPR
You may exercise any of the rights enumerated above by contacting us at firstname.lastname@example.org; 475 Wireless Boulevard, Hauppauge, New York 11788; or calling us at (631) 630-3000. Please note that we may ask you to verify your identity before responding to such requests.
You also have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area.
If a Data Processing Addendum (DPA) is required, that can be requested using the information below
If you would like to access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, please contact us by emailing email@example.com, mailing us at 475 Wireless Boulevard, Hauppauge, New York 11788 or calling us at (631) 630-3000.