TERMS OF USE

PLEASE READ CAREFULLY

This website is operated by Boart Longyear and its affiliates and subsidiaries (collectively referred to as “us”, “we”, or “Boart Longyear”).  By accessing or using any of our websites or services, (collectively referred to as the “Website”) you are representing that you have read, understand, and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”) and any other applicable law.  We may alter these Terms of Use at any time at our discretion and without notice.  Any changes to the Terms of Use will be considered effective upon their posting to the Website.  You agree that you will review these Terms of Use regularly so you are aware of any revisions.  By continuing to use the Website, you accept any revisions to the Terms of Use.  If for any reason you do not agree to these Terms of Use, please do not use this Website.  If you do not agree to any later revisions of these Terms of Use, please discontinue use of this Website.  If you have any questions or concerns, please contact us.

Intellectual Property Considerations

All intellectual property on the Website is owned by Boart Longyear or its licensors, which includes materials that may be protected by copyright, trademark, or patent laws, in Australia, the United States and other foreign countries.  Any of the products, processes, systems, etc. depicted on the Website may be protected by Australian, U.S. and foreign patents, or their equivalents.  All trademarks, service marks and trade names used on the Website are trademarks or registered trademarks of Boart Longyear.  If there are other product names and company names used on the Website, they may be trade names, trademarks, or registered trademarks of the respective product owners or companies.  All content on the Website, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and all other content (collectively referred to as “Content”) is a collective work and is the proprietary property of Boart Longyear; All rights reserved.  If you have any questions regarding intellectual property coverage of any Content, product, process, system, etc. or otherwise on the Website, please contact us for clarification and we would be happy to assist you.

Restrictions on Website Use 

The Content on the Website can only be used for your participation in the Website. Any other use is prohibited unless agreed to by Boart Longyear in writing.  You agree not to modify or delete any of the ownership notices from materials you have downloaded or printed from the Website.  You agree that you will not copy, modify, translate, broadcast, transmit, display, perform, distribute, frame, reproduce, republish, post, or sell any intellectual property or Content appearing on the Website without Boart Longyear's prior written consent.  You agree not to use any data mining, robots, scraping or other data gathering methods.  Nothing in these Terms of Use shall be interpreted as our granting any license or transfer of ownership of intellectual property rights to you.

Links on the Website

The Website may contain links to websites operated by other companies.  We do not endorse, monitor, or have any sort of control over these other websites.  The linked websites may operate under separate terms of use and privacy policies.  We are not responsible for the content or policies of linked websites, and you access any linked websites at your own risk.

Indemnification

You agree to indemnify, to defend, and to hold harmless Boart Longyear as well as any of its officers, directors, employees, agents, licensors and suppliers from and against any and all claims, losses, liabilities, expenses, damages and costs, including, without limitation, any attorneys’ fees, arising from or relating in any way to your use of Content, your use of the Website, your conduct in connection with the Website, or any violation of these Terms of Use, any law, or the rights of any third party.

Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, describes in detail our collection and use of information on this Website.

Warranty Disclaimer

The material in this site may include typographical errors or technical inaccuracies. We may make changes or improvements to the Website or Content at any time without notice.  The Website, Content, and any other materials on this Website are provided “AS IS”, without warranties of any kind.  To the fullest extent permitted by law, we disclaim any and all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.  We cannot guarantee and do not promise any specific results from use of the Website.  We do not represent nor do we warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or any of the servers that may make the Website available are free of malware, viruses, or anything else harmful.  To the fullest extent permitted by law, Boart Longyear does not make any warranties or representations regarding use of any materials or Content on the Website, particularly in terms of their correctness, accuracy, adequacy, reliability, or otherwise.  You understand and agree that you download, or otherwise obtain, Content of your own volition and at your own risk, and are solely responsible for your use and any damage to your computer system, loss of data, or other harm of any kind that may result.  Boart Longyear reserves the right to change any and all Content on the Website at any time without notice.

Limitation of Liability

Boart Longyear shall not be liable for any direct, indirect, special, incidental, or consequential damages, including for any lost profits or lost data that may result from the use of, or the inability to use, this website, even if Boart Longyear has been made aware that such damages may be a possibility.  By using the Website, you assume total responsibility for your use of the Website.  Your sole remedy against Boart Longyear for use of the Website is to stop using the Website.  If, however, Boart Longyear is found liable for any damage or loss which is in any way connected with your use of the Website, our liability shall not exceed the amount you paid to Boart Longyear, if any, to access this site.

Jurisdiction

You agree that this Website shall be deemed a passive website based exclusively in Utah, which does not give rise to personal jurisdiction over Boart Longyear in any other jurisdiction.  You agree that this Website, Terms of Use, Privacy Policy and any dispute between you and Boart Longyear shall be governed in all respects by Utah law, without regard to any other choice of law provisions.  Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly relating to or arising out of the Website shall be resolved inpidually, without any recourse in the form of class action, and solely in the state or federal courts located in Salt Lake County, Utah.  You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Salt Lake County, Utah.  Any and all causes of action or claims you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises.  You agree that any notice, agreement, disclosure or other communication requirement may be met by Boart Longyear electronically, and shall be deemed as being in writing.  Boart Longyear’s failure to enforce of any of these Terms of Use shall not be considered a waiver of any other provision or right, or later enforcement of the unenforced provision or right.  Neither conduct between you and Boart Longyear nor any trade practice shall modify these Terms of Use.  Boart Longyear may assign its rights and duties under this Agreement to any party at any time without notice.

Severability of Terms

If any provision in these Terms of Use is held invalid or unenforceable, the remainder of these Terms of Use shall continue to be enforceable.  If any provision in these Terms of Use is deemed unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

PRIVACY POLICY

PLEASE READ CAREFULLY

(A) This Notice

This Notice explains how we Process Personal Data. This Notice may be amended or updated from time to time, so please check it regularly for updates.

This Notice is issued by each of the Controller entities listed in Section (Q) below (together, “BLY”, “we”, “us” and “our”) and is addressed to individuals outside our organization with whom we interact, including customers, visitors to our Sites, users of our Apps, other users of our products or services, and visitors to our premises (together, “you”). Defined terms used in this Notice are explained in Section (R) below.

This Notice may be amended or updated from time to time to reflect changes in our practices with respect to the Processing of Personal Data, or changes in applicable law. We encourage you to read this Notice carefully and to regularly check this page to review any changes we might make in accordance with the terms of this Notice.

(B) Collection of Personal Data

Summary – Collection of Personal Data

We collect or obtain Personal Data: when those data are provided to us (e.g., where you contact us); in the course of our relationship with you (e.g., if you make a purchase); when you make Personal Data public (e.g., if you make a public post about us on social media); when you download, install, or use any of our Apps; when you visit our Sites; when you register to use any of our Sites, Apps, products, or services; or when you interact with any third party content or advertising on a Site or in an App. We may also receive Personal Data about you from third parties (e.g., law enforcement authorities).

Collection of Personal Data: We collect or obtain Personal Data about you from the following sources:

  • Data provided to us: We obtain Personal Data when those data are provided to us (e.g., where you contact us via email or telephone, or by any other means, or when you provide us with your business card, or when you submit a job application).

  • Relationship data: We collect or obtain Personal Data in the ordinary course of our relationship with you (e.g., we provide a service to you, or to your employer).

  • Data you make public: We collect or obtain Personal Data that you manifestly choose to make public, including via social media (e.g., we may collect information from your social media profile(s), if you make a public post about us).

  • App data: We collect or obtain Personal Data when you download or use any of our Apps.

  • Site data: We collect or obtain Personal Data when you visit any of our Sites or use any features or resources available on or through a Site.

  • Registration details: We collect or obtain Personal Data when you use, or register to use, any of our Sites, Apps, products, or services.

  • Content and advertising information: If you interact with any third-party content or advertising on a Site or in an App (including third party plugins and cookies) we receive Personal Data from the relevant third-party provider of that content or advertising.

  • Third party information: We collect or obtain Personal Data from third parties who provide it to us (e.g., credit reference agencies; law enforcement authorities; etc.).

(C) Creation of Personal Data

Summary – Creation of Personal Data
We create Personal Data about you (e.g., records of your interactions with us).

We also create Personal Data about you in certain circumstances, such as records of your interactions with us, and details of your past interactions with us. We may also combine Personal Data from any of our Sites, Apps, products, or services, including where those data are collected from different devices.

(D) Categories of Personal Data We Process

Summary – Categories of Personal Data we Process
We Process: your personal details (e.g., your name); demographic data (e.g., your age); your contact details (e.g., your address); records of your consents; purchase details; payment details (e.g., your billing address); information about our Sites and Apps (e.g., the type of device you are using); details of your employer (where relevant); information about your interactions with our content or advertising; and any views or opinions you provide to us.

We Process the following categories of Personal Data about you:

  • Personal details: given name(s); preferred name; national ID; social security number; passport details; and photograph.

  • Demographic information: race; gender; date of birth / age; marital status, number of children; nationality; citizenship; salutation; title; and language preferences.

  • Contact details: correspondence address; shipping address; telephone number; email address; details of Personal Assistants, where applicable; messenger app details; online messaging details; and social media details.

  • Consent records: records of any consents you have given, together with the date and time, means of consent and any related information (e.g., the subject matter of the consent).

  • Purchase details: records of purchases and prices; and consignee name, address, contact telephone number and email address.

  • Payment details: invoice records; payment records; billing address; payment method; bank account number or credit card number; cardholder or accountholder name; card or account security details; card ‘valid from’ date; card expiry date; BACS details; SWIFT details; IBAN details; payment amount; payment date; and records of cheques.

  • Data relating to our Sites and Apps: device type; operating system; browser type; browser settings; IP address; language settings; dates and times of connecting to a Site; App usage statistics; App settings; dates and times of connecting to an App; location data, and other technical communications information (some of which may constitute Personal Data); username; password; security login details; usage data; aggregate statistical information.

  • Employer details: where you interact with us in your capacity as an employee of a third party, the name, address, telephone number and email address of your employer, to the extent relevant.

  • Content and advertising data: records of your interactions with our online advertising and content, records of advertising and content displayed on pages or App screens displayed to you, and any interaction you may have had with such content or advertising (e.g., mouse hover, mouse clicks, any forms you complete in whole or in part) and any touchscreen interactions.

  • Views and opinions: any views and opinions that you choose to send to us, or publicly post about us on social media platforms.

(E) Sensitive Personal Data

Summary – Sensitive Personal Data
We do not seek to collect or otherwise Process Sensitive Personal Data. Where we need to Process Sensitive Personal Data for a legitimate purpose, we do so in accordance with applicable law.
 

We do not seek to collect or otherwise Process Sensitive Personal Data in the ordinary course of our business. Where it becomes necessary to Process your Sensitive Personal Data for any reason, we rely on one of the following legal bases:

  • Compliance with applicable law: We may Process your Sensitive Personal Data where the Processing is required or permitted by applicable law (e.g., to comply with our diversity reporting obligations);
  • Detection and prevention of crime: We may Process your Sensitive Personal Data where the Processing is necessary for the detection or prevention of crime (e.g., the prevention of fraud);
  • Establishment, exercise or defense of legal rights: We may Process your Sensitive Personal Data where the Processing is necessary for the establishment, exercise or defence of legal rights; or
  • Consent: We may Process your Sensitive Personal Data where we have, in accordance with applicable law, obtained your prior, express consent prior to Processing your Sensitive Personal Data (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).

If you provide Sensitive Personal Data to us, you must ensure that it is lawful for you to disclose such data to us, and you must ensure a valid legal basis applies to the Processing of those Sensitive Personal Data.

(F) Purposes of Processing and legal bases for Processing

Summary – Purposes of Processing and legal bases for Processing
We Process Personal Data for the following purposes: providing our Sites, Apps, products, and services to you; operating our business; communicating with you; managing our IT systems; health and safety; financial management; conducting surveys; ensuring the security of our premises and systems; conducting investigations where necessary; compliance with applicable law; improving our Sites, Apps, products, and services; fraud prevention; and recruitment and job applications.

The purposes for which we Process Personal Data, subject to applicable law, and the legal bases on which we perform such Processing, are as follows:

Processing activity Legal basis for Processing
Provision of Sites, Apps, products, and services: providing our Sites, Apps, products, or services; providing promotional items upon request; and communicating with you in relation to those Sites, Apps, products, or services.
  • The Processing is necessary in connection with any contract that you have entered into with us, or to take steps prior to entering into a contract with us; or
  • We have a legitimate interest in carrying out the Processing for the purpose of providing our Sites, our Apps, our products, or our services to you (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or
  • We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
Operating our business: operating and managing our Sites, our Apps, our products, and our services; providing content to you; displaying advertising and other information to you; communicating and interacting with you via our Sites, our Apps, our products, or our services; and notifying you of changes to any of our Sites, our Apps, our products, or our services.
  • The Processing is necessary in connection with any contract that you have entered into with us, or to take steps prior to entering into a contract with us; or
  • We have a legitimate interest in carrying out the Processing for the purpose of providing our Sites, our Apps, our products, or our services to you (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or
  • We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
Communications and marketing: communicating with you via any means (including via email, telephone, text message, social media, post or in person) to provide news items and other information in which you may be interested, subject always to obtaining your prior opt-in consent to the extent required under applicable law; maintaining and updating your contact information where appropriate; and obtaining your prior, opt-in consent where required.
  • The Processing is necessary in connection with any contract that you have entered into with us, or to take steps prior to entering into a contract with us; or
  • We have a legitimate interest in carrying out the Processing for the purpose of contacting you, subject always to compliance with applicable law (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or
  • We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
Product safety communications: communications in relation to product safety, including product recalls and product safety advisory notices.
  • The Processing is necessary for compliance with a legal obligation; or
  • We have a legitimate interest in carrying out the Processing for the purpose of ensuring the safety, and proper use, of our products (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms).
Management of IT systems: management and operation of our communications, IT and security systems; and audits (including security audits) and monitoring of such systems.
  • The Processing is necessary for compliance with a legal obligation; or
  • We have a legitimate interest in carrying out the Processing for the purpose of managing and maintaining our communications and IT systems (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms).
Health and safety: health and safety assessments and record keeping; providing a safe and secure environment at our premises; and compliance with related legal obligations.
  • The Processing is necessary for compliance with a legal obligation; or
  • We have a legitimate interest in carrying out the Processing for the purpose of ensuring a safe environment at our premises (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or
  • The Processing is necessary to protect the vital interests of any individual.
Financial management: sales; finance; corporate audit; and vendor management.
  • We have a legitimate interest in carrying out the Processing for the purpose of managing and operating the financial affairs of our business (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or
  • We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
Surveys: engaging with you for the purposes of obtaining your views on our Sites, our Apps, our products, or our services.
  • We have a legitimate interest in carrying out the Processing for the purpose of conducting surveys, satisfaction reports and market research (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or
  • We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
Security: physical security of our premises (including records of visits to our premises); CCTV recordings; and electronic security (including login records and access details).
  • The Processing is necessary for compliance with a legal obligation; or
  • We have a legitimate interest in carrying out the Processing for the purpose of ensuring the physical and electronic security of our business and our premises (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms).
Investigations: detecting, investigating and preventing breaches of policy, and criminal offenses, in accordance with applicable law.
  • The Processing is necessary for compliance with a legal obligation; or
  • We have a legitimate interest in carrying out the Processing for the purpose of detecting, and protecting against, breaches of our policies and applicable laws (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms).
Legal proceedings: establishing, exercising and defending legal rights.
  • The Processing is necessary for compliance with a legal obligation; or
  • We have a legitimate interest in carrying out the Processing for the purpose of establishing, exercising or defending our legal rights (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms).
Legal compliance: compliance with our legal and regulatory obligations under applicable law.
  • The Processing is necessary for compliance with a legal obligation.
Improving our Sites, Apps, products, and services: identifying issues with our Sites, our Apps, our products, or our services; planning improvements to our Sites, our Apps, our products, or our services; and creating new Sites, Apps, products, or services.
  • We have a legitimate interest in carrying out the Processing for the purpose of improving our Sites, our Apps, our products, or our services (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or
  • We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
Fraud prevention: Detecting, preventing and investigating fraud.
  • The Processing is necessary for compliance with a legal obligation (especially in respect of applicable employment law); or
  • We have a legitimate interest in carrying out the Processing for the purpose of detecting, and protecting against, fraud (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms).
Recruitment and job applications: recruitment activities; advertising of positions; interview activities; analysis of suitability for the relevant position; records of hiring decisions; offer details; and acceptance details.
  • The Processing is necessary for compliance with a legal obligation (especially in respect of applicable employment law); or
  • We have a legitimate interest in carrying out the Processing for the purpose of recruitment activities and handling job applications (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or
  • We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).

 

(G) Disclosure of Personal Data to third parties

Summary – Disclosure of Personal Data to third parties
We disclose Personal Data to: legal and regulatory authorities; our external advisors; our Processors; any party as necessary in connection with legal proceedings; any party as necessary for investigating, detecting or preventing criminal offences; any purchaser of our business; and any third-party providers of advertising, plugins or content used on our Sites or our Apps.

We disclose Personal Data to other entities within the BLY group, for legitimate business purposes and the operation of our Sites, Apps, products, or services to you), in accordance with applicable law. In addition, we disclose Personal Data to:

  • you and, where appropriate, your appointed representatives;
  • legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulation;
  • accountants, auditors, lawyers and other outside professional advisors to BLY, subject to binding contractual obligations of confidentiality;
  • third party Processors (such as payment services providers; shipping companies; etc.), located anywhere in the world, subject to the requirements noted below in this Section (G);
  • any relevant party, law enforcement agency or court, to the extent necessary for the establishment, exercise or defense of legal rights;
  • any relevant party for the purposes of prevention, investigation, detection or prosecution of criminal offenses or the execution of criminal penalties;
  • any relevant third-party acquirer(s), in the event that we sell or transfer all or any relevant portion of our business or assets (including in the event of a reorganization, dissolution or liquidation); and
  • any relevant third-party provider, where our Sites and our Apps use third party advertising, plugins or content. If you choose to interact with any such advertising, plugins or content, your Personal Data may be shared with the relevant third-party provider. We recommend that you review that third party’s privacy policy before interacting with its advertising, plugins or content.

If we engage a third-party Processor to Process your Personal Data, the Processor will be subject to binding contractual obligations to: (i) only Process the Personal Data in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the Personal Data; together with any additional requirements under applicable law.

(H) International transfer of Personal Data

Summary – International transfer of Personal Data
We transfer Personal Data to recipients in other countries. Where we transfer Personal Data from the EEA to a recipient outside the EEA that is not in an Adequate Jurisdiction, we do so on the basis of Standard Contractual Clauses, except for transfers of personal data to the United States, which are conducted on the basis of the EU-US Privacy Shield.

Because of the international nature of our business, we transfer Personal Data within the BLY group, and to third parties as noted in Section (G) above, in connection with the purposes set out in this Notice. For this reason, we transfer Personal Data to other countries that may have different laws and data protection compliance requirements to those that apply in the country in which you are located.

Where we transfer your Personal Data from the EEA to recipients located outside the EEA who are not in Adequate Jurisdictions, we do so on the basis of Standard Contractual Clauses, except for transfers of personal data to the United States, which are conducted on the basis of the EU-US Privacy Shield. You are entitled to request a copy of our Standard Contractual Clauses using the contact details provided in Section (R) below. Further information on the Privacy Shield is available in our Privacy Shield Certification and our Privacy Shield Policy.

Please note that when you transfer any Personal Data directly to a BLY entity established outside the EEA, we are not responsible for that transfer of your Personal Data. We will nevertheless Process your Personal Data, from the point at which we receive those data, in accordance with the provisions of this Notice.

(I) Data security

Summary – Data security
We implement appropriate technical and organizational security measures to protect your Personal Data. Please ensure that any Personal Data that you send to us are sent securely.

We have implemented appropriate technical and organizational security measures designed to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, unauthorized access, and other unlawful or unauthorized forms of Processing, in accordance with applicable law.

Because the internet is an open system, the transmission of information via the internet is not completely secure. Although we will implement all reasonable measures to protect your Personal Data, we cannot guarantee the security of your data transmitted to us using the internet – any such transmission is at your own risk and you are responsible for ensuring that any Personal Data that you send to us are sent securely.

(J) Data accuracy

Summary – Data accuracy
We take every reasonable step to ensure that your Personal Data are kept accurate and up-to-date and are erased or rectified if we become aware of inaccuracies.

We take every reasonable step to ensure that:

  • your Personal Data that we Process are accurate and, where necessary, kept up to date; and
  • any of your Personal Data that we Process that are inaccurate (having regard to the purposes for which they are Processed) are erased or rectified without delay.

From time to time we may ask you to confirm the accuracy of your Personal Data.

(K) Data minimization

Summary – Data minimization
We take every reasonable step to limit the volume of your Personal Data that we Process to what is necessary.

We take every reasonable step to ensure that your Personal Data that we Process are limited to the Personal Data reasonably necessary in connection with the purposes set out in this Notice.

(L) Data retention

Summary – Data retention
We take every reasonable step to ensure that your Personal Data are only retained for as long as they are needed in connection with a lawful purpose. We take every reasonable step to ensure that your Personal Data are only Processed for the minimum period necessary for the purposes set out in this Notice. The criteria for determining the duration for which we will retain your Personal Data are as follows:

(1)   we will retain Personal Data in a form that permits identification only for as long as:
(a)   we maintain an ongoing relationship with you (e.g., where you are lawfully included in our mailing list and have not unsubscribed); or
(b)   your Personal Data are necessary in connection with the lawful purposes set out in this Notice, for which we have a valid legal basis (e.g., where your personal data are included in a contract between us and your employer, and we have a legitimate interest in processing those data for the purposes of operating our business and fulfilling our obligations under that contract; or where we have a legal obligation to retain your Personal Data),
plus:
(2)   the duration of:
(a)   any applicable limitation period under applicable law (i.e., any period during which any person could bring a legal claim against us in connection with your Personal Data, or to which your Personal Data are relevant); and
(b)   an additional two (2) month period following the end of such applicable limitation period (so that, if a person brings a claim at the end of the limitation period, we are still afforded a reasonable amount of time in which to identify any Personal Data that are relevant to that claim),
and:
(3)   in addition, if any relevant legal claims are brought, we continue to Process Personal Data for such additional periods as are necessary in connection with that claim.

During the periods noted in paragraphs (2)(a) and (2)(b) above, we will restrict our Processing of your Personal Data to storage of, and maintaining the security of, those data, except to the extent that those data need to be reviewed in connection with any legal claim, or any obligation under applicable law.Once the periods in paragraphs (1), (2) and (3) above, each to the extent applicable, have concluded, we will either:

  • permanently delete or destroy the relevant Personal Data; or
  • anonymize the relevant Personal Data.

(M) Your legal rights

Summary – Your legal rights
Subject to applicable law, you may have a number of rights, including: the right not to provide your Personal Data to us; the right of access to your Personal Data; the right to request rectification of inaccuracies; the right to request the erasure, or restriction of Processing, of your Personal Data; the right to object to the Processing of your Personal Data; the right to have your Personal Data transferred to another Controller; the right to withdraw consent; and the right to lodge complaints with Data Protection Authorities. In some cases, it will be necessary to provide evidence of your identity before we can give effect to these rights.

Subject to applicable law, you may have the following rights regarding the Processing of your Relevant Personal Data:

  • the right not to provide your Personal Data to us (however, please note that we will be unable to provide you with the full benefit of our Sites, Apps, products, or services, if you do not provide us with your Personal Data – e.g., we might not be able to process your requests without the necessary details);
  • the right to request access to, or copies of, your Relevant Personal Data, together with information regarding the nature, Processing and disclosure of those Relevant Personal Data;
  • the right to request rectification of any inaccuracies in your Relevant Personal Data;
  • the right to request, on legitimate grounds:
    • erasure of your Relevant Personal Data; or
    • restriction of Processing of your Relevant Personal Data;
  • the right to have certain Relevant Personal Data transferred to another Controller, in a structured, commonly used and machine-readable format, to the extent applicable;
  • where we Process your Relevant Personal Data on the basis of your consent, the right to withdraw that consent (noting that such withdrawal does not affect the lawfulness of any Processing performed prior to the date on which we receive notice of such withdrawal, and does not prevent the Processing of your Personal Data in reliance upon any other available legal bases); and
  • the right to lodge complaints regarding the Processing of your Relevant Personal Data with a Data Protection Authority (in particular, the Data Protection Authority of the EU Member State in which you live, or in which you work, or in which the alleged infringement occurred, each if applicable).

 

Subject to applicable law, you may also have the following additional rights regarding the Processing of your Relevant Personal Data:

  • the right to object, on grounds relating to your particular situation, to the Processing of your Relevant Personal Data by us or on our behalf; and
  • the right to object to the Processing of your Relevant Personal Data by us or on our behalf for direct marketing purposes.

This does not affect your statutory rights.

To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Notice, or about our Processing of your Personal Data, please use the contact details provided in Section (R) below. Please note that:

  • in some cases, it will be necessary to provide evidence of your identity before we can give effect to these rights; and
  • where your request requires the establishment of additional facts (e.g., a determination of whether any Processing is non-compliant with applicable law) we will investigate your request reasonably promptly, before deciding what action to take.

(N) Cookies and similar technologies

Summary – Cookies and similar technologies
We Process Personal Data by using Cookies and similar technologies. For more information, please see our Cookie Policy.

When you visit a Site or use an App we will typically place Cookies onto your device, or read Cookies already on your device, subject always to obtaining your consent, where required, in accordance with applicable law. We use Cookies to record information about your device, your browser and, in some cases, your preferences and browsing habits. We Process Personal Data through Cookies and similar technologies, in accordance with our Cookie Policy.

(O) Terms of Use

Summary – Terms of Use
Our Terms of Use govern all use of our Sites, our Apps, and our services.

All use of our Sites, Apps, products, or services is subject to our Terms of Use. We recommend that you review our Terms of Use regularly, in order to review any changes we might make from time to time.

(P) Direct marketing

Summary – Direct marketing
We Process Personal Data to contact you with information regarding Sites, Apps, products, or services that may be of interest to you. You may unsubscribe for free at any time.

We Process Personal Data to contact you via email, telephone, direct mail or other communication formats to provide you with information regarding Sites, Apps, products, or services that may be of interest to you. If we provide Sites, Apps, products, or services to you, we may send information to you regarding our Sites, Apps, products, or services, upcoming promotions and other information that may be of interest to you, using the contact details that you have provided to us, subject always to obtaining your prior opt-in consent to the extent required under applicable law.

You may unsubscribe from our promotional email list at any time by simply clicking on the unsubscribe link included in every promotional email we send. After you unsubscribe, we will not send you further promotional emails, but in some circumstances we will continue to contact you to the extent necessary for the purposes of any Sites, Apps, products, or services you have requested.

(Q) Details of Controllers

Summary – Details of Controllers
Summary – Details of Controllers For the purposes of this Notice, the relevant Controllers are:

Controller entities
● Boart Longyear Company ● Boart Longyear International B.V.
● Boart Longyear Limited ● Boart Longyear Sp. z o.o.
● Boart Longyear Suisse Sarl ● Longyear Canada, ULC
● Boart Longyear GmBH & Co., KG ● Boart Longyear Alberta Ltd.
● BLY EMEA UK Holdings Ltd. ● Votraint No. 1609 Pty Ltd.

Controller entities may be contacted at: dataprotection@boartlongyear.com

Alternatively, you may contact us using our online Contact Us form.

(R) Definitions

  •  “App” means any application made available by us (including where we make such applications available via third party stores or marketplaces, or by any other means).

  • Adequate Jurisdiction” means a jurisdiction that has been formally designated by the European Commission as providing an adequate level of protection for Personal Data.

  • Cookie” means a small file that is placed on your device when you visit a website (including our Sites). In this Notice, a reference to a “Cookie” includes analogous technologies such as web beacons and clear GIFs.

  • Controller” means the entity that decides how and why Personal Data are Processed. In many jurisdictions, the Controller has primary responsibility for complying with applicable data protection laws.

  • Data Protection Authority” means an independent public authority that is legally tasked with overseeing compliance with applicable data protection laws.

  • EEA” means the European Economic Area.

  • Personal Data” means information that is about any individual, or from which any individual is directly or indirectly identifiable, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual.

  • Process”, “Processing” or “Processed” means anything that is done with any Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

  • Processor” means any person or entity that Processes Personal Data on behalf of the Controller (other than employees of the Controller).

  • Profiling” means any form of automated Processing of Personal Data consisting of the use of Personal Data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

  • Relevant Personal Data” means Personal Data in respect of which we are the Controller.

  • Sensitive Personal Data” means Personal Data about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offences or penalties, national identification number, or any other information that are deemed to be sensitive under applicable law.

  • Standard Contractual Clauses” means template transfer clauses adopted by the European Commission or adopted by a Data Protection Authority and approved by the European Commission.

  • Site” means any website operated, or maintained, by us or on our behalf.
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