Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- "Account" means a unique account created for You to access our Service or parts of our Service.
- "Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Dynamic Controls.
For the purpose of the GDPR, the Company is the Data Controller.
- "Country" refers to New Zealand.
- "Consumer", for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
- "Cookies" are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- "Data Controller", for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
- "Device" means any device that can access the Service such as a computer, a cell phone or a digital tablet.
- "Personal Data" is any information that relates to an identified or identifiable individual.
For the purposes of GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
- "Service" refers to the Website.
- "Service Provider" means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analysing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
- "Usage Data" refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- "Website" refers to Dynamic Controls Customer Portal, accessible from portal.dynamiccontrols.com.
- "You" means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Organisation name
We do not collect any Usage Data when using the Service.
Tracking Technologies and Cookies
We use “Session Cookies” whilst using the Service. Session Cookies are deleted as soon as You close Your web browser.
We use Session Cookies for the purpose set out below:
- Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
We may share Your personal information in the following situations:
- With Service Providers: We also use qualified Service Providers to operate, optimize and secure our websites. We only pass on personal data to them insofar as is necessary for the provision and use of the website and its functionalities, to comply with legal obligations, or insofar as you have consented there to.
Retention of Your Personal Data
Transfer of Your Personal Data outside of the European Economic Area
Your Personal Data, may be processed at the Company's operating offices - located in New Zealand. It means that this information may be transferred to and maintained on computers located outside of the EU where the data protection laws may differ to those from Your jurisdiction.
In the following countries, from the EU's point of view, there is an adequate level of personal data protection (so-called "adequacy"), in compliance with EU standards: Andorra, Argentina, Canada (limited), Faroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Switzerland, Uruguay.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect against legal liability
Security of Your Personal Data
We take technical and organizational security measures in order to protect your information managed by us from being tampered with, lost, destroyed or accessed by unauthorized individuals. We and our Service Provider are continuously improving our security measures in line with technological advancements.
Legal Basis for Processing Personal Data under GDPR
We may process Personal Data under the following conditions:
- Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
Your Rights under the GDPR
The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.
- Request access to Your Personal Data. 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 Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
- Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.
- Object to processing of Your Personal Data. Processing of Your Personal Data is limited to that required for Us to maintain and provide our Service to You.
- Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
- Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data 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 information to perform a contract with You.
- Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.
Exercising of Your GDPR Data Protection Rights
You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.
You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.
Our Service does not address anyone under the age of 16. We do not knowingly collect personally identifiable information from anyone under the age of 16. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 16, We will take steps to remove that information from Our servers.
- By visiting this page on our website: Contact Us | Dynamic Controls
- By sending us an email: firstname.lastname@example.org