Privacy Policy

EFFECTIVE DATE: January 1, 2023

Cimetrix Incorporated (“Cimetrix”, “we”, “us”) wants you to be familiar with how we collect, use and disclose Personal Data (as defined below). This Privacy Policy (“Policy”) describes our practices in connection with Personal Data we collect through this website (“Site”). Except as otherwise stated in this Policy or any supplements thereto, this Policy does not address our practices concerning information that we collect through any website, or by any other means, other than through the Site; nor does this Policy govern the collection, use or disclosure of information by any of our affiliates (collectively, “Affiliated Entities”) or by third parties.

By using the Site, you acknowledge the terms and conditions of this Policy. If you do not agree to the terms and conditions of this Policy, please do not use the Site. We reserve the right to change this Policy without prior notice. Subject to applicable law, any revised Policy is effective as of the Effective Date as shown on the Site and use of the Site constitutes your acknowledgment of the Policy then in effect.

1. WHAT CATEGORIES OF PERSONAL INFORMATION ARE COLLECTED AND WHAT ARE THE PURPOSES FOR WHICH THEY ARE USED?

Cimetrix gathers certain Personal Data from you when you interact with the Site. Personal Data, which may also be referred to in certain jurisdictions as personal information or another similar term, is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you as an individual, as generally understood under applicable law.  You do not have to provide Personal Data to use the Site. However, in order for you to take advantage of particular opportunities provided through the Site (for example, to register for technical support or software maintenance), we may request that you furnish Personal Data. This section also serves as a notice “at-collection” for Site visitors if and as required by applicable laws and regulations.

In particular, Cimetrix collects the following types of Personal Data:

a. Contact Details. We collect contact information-related Personal Data from you, such as your name, company affiliation, postal address, telephone number and e-mail address, only when you voluntarily provide it to us. We use this information for the following purposes:
  • To provide information about our products, services and solutions, when you seek to “Schedule a Meeting”, “Request a Demo”, “Talk to an Expert” on the Site.
  • To allow you to access Cimetrix Resources such as Datasheets, Tech Overviews, White Papers, eBooks, Case Studies and Presentations on the Site.  
  • To process your application and contact you if you submitted your resume for a job with us using the “Employment” section of the Site.
  • To fulfill your requests, such as to provide you with the requisite licenses or technical support.
  • From time to time, in our sole discretion, we may use contact details to send you important information regarding the Site, changes to our terms, conditions, and policies and/or other administrative information.
  • For internal business purposes, such as data analysis, audits, developing new products, enhancing our Site, improving our services, identifying usage trends and determining the effectiveness of our promotional campaigns.
  • To issue invitations to attend Company Webinars or other online events.

  • For marketing purposes, in each case, subject to applicable law.

b. Account Information. We collect account information such as your username and password from you, and use this information in relation to the provision of licenses and technical support, specifically:

  • To create and administer an account to allow you to obtain licenses to certain Cimetrix products and/or technical support.    
  • To authenticate and /or validate your identity in relation to obtaining such licenses and/or technical support.


c. Educational and Work History Information. Information about your educational background, work history, and credentials. We use this information for the following purposes:

  • to process and evaluate your application if you submitted your resume for a job with us using the “Employment” section of the Site;


d. Environmental Variables. We and our service providers may collect certain environmental variables, such as your MAC address, computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version. These environmental variables are collected by most browsers, and can be used to:

  • Optimize your experience on the Site.
  • To fulfill your requests, such as to provide you with technical support or software maintenance.
  • For internal business purposes, such as data analysis, audits, developing new products, enhancing our Site, improving our services, identifying usage trends and determining the effectiveness of our promotional campaigns.


e. Cookies and Pixel Tags. The Site makes use of cookies and pixel tags. For further information, please refer to our cookie policy https://www.cimetrix.com/cookie-policy.

f. IP Addresses. Your IP Address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever users visit the Site, along with the time(s) of such visit(s) and the page(s) that were visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many websites. We use IP addresses for purposes such as:

  • Calculating Site usage levels, helping diagnose server problems, and administering the Site.
  • For internal business purposes, such as data analysis, audits, developing new products, enhancing our Site, improving our services, identifying usage trends and determining the effectiveness of our promotional campaigns.


g. Unsolicited Information That You May Voluntarily Provide.  We do not solicit personal data in unstructured format such as in email or other communication methods, and ask that you refrain from providing any such unsolicited personal data as such unsolicited personal data cannot be properly processed on the Site.   Please note that we do not accept any liability for the security of unsolicited information transmitted to us.    

2. HOW IS PERSONAL INFORMATION DISCLOSED TO THIRD PARTIES?

We disclose your personal data to the following third parties, as required or permitted by applicable law:

a. Our Affiliated Entities, so that they may use such personal data for the purposes described in the Policy.

b. Third-party suppliers and service providers to assist us in the operation or improvement of the Site and to enhance our products and services.

c. To relevant third parties, for example, in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Cimetrix’s business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings), we may transfer any and all information we collect from Site users to an Affiliated Entity or a third party.

3. OTHER IMPORTANT NOTICES REGARDING OUR PRIVACY PRACTICES.

a. Third Party Sites. The Site may contain links to third party websites. These linked sites (including without limitation the websites of Affiliated Entities) are not under Cimetrix’s control and we are not responsible for the privacy practices or the contents of any such linked site, or any link contained in any linked site. We provide such links only as a convenience, and the inclusion of a link on the Site does not imply endorsement of the linked site by Cimetrix or any Affiliated Entities. If you provide any Personal Data through any such third-party website, your transaction will occur on such third party’s website (not the Site) and the Personal Data you provide will be collected by, and controlled by the privacy Policy of, that third party. We recommend that you familiarize yourself with the privacy policies and practices of any such third parties. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, THE AFFILIATED ENTITIES.

b. Security. We use reasonable organizational, technical and administrative measures to protect Personal Data under our control. Security measures and tools, such as firewalls, are in place to help protect against the loss, misuse and alteration of the information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Please do not send us sensitive information through email. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with Section 3.g (“Contacting Us,”) below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).

c. Data Retention.  Your personal information will be retained in accordance with our policies and for as long as necessary for the purposes for which it was collected, plus any additional time periods necessary for the compliance with laws and regulations, exercise or defense of legal rights, and archiving, back-up, and deletion processes.

d. Note Regarding the Use of the Site by Children: The Site is not directed to individuals under the age of thirteen (13), and we request that such individuals do not provide Personal Data through the Site.

e. No Sensitive Information.  No sensitive personal information is collected or processed on the Site.

f. Jurisdictional Issues. Cimetrix does not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. By using the Site and submitting any Personal Data, subject to applicable law, your Personal Data may be transferred to other countries which may provide a different level of data security than in your country of residence.

Users of the Site who are residents of California should refer to the CCPA Supplement, whereas users who are residents of the European Economic Area, Switzerland and the United Kingdom should refer to the GDPR Supplement, for further jurisdiction-specific information relevant to your jurisdiction, including information regarding certain rights relating to access, correction of your personal data that you may have under applicable law.  

g. Contacting Us. If you have questions regarding our practices or this Policy, please contact us by e-mail at privacy@cimetrix.com or please write to the following address:

Cimetrix Incorporated.
Attn: Privacy 
6979 South High Tech Drive
Salt Lake City, UT 84047-3757(USA)

Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.

 
ANNEX 1 CCPA SUPPLEMENT    

This Supplemental Privacy Statement under the California Consumer Protection Act (CCPA) (“CCPA Supplement”) contains information applicable to California residents to supplement or amend the information provided in the Policy.   Unless defined specifically in this CCPA Supplement, capitalized terms shall have the meaning set forth in the Policy.  

1.    Rights under CCPA as a California resident

  • The right to know about the personal information we collect about you and how it is used and shared;
  • The right to opt-out of the sale or sharing of their personal information;
  • The right to delete personal information collected from them, subject to certain exceptions;
  • The right to correct inaccurate personal information that a business has about them;
  • The right to limit the use and disclosure of sensitive personal information collected about them; and
  • The right to non-discrimination for exercising your CCPA rights.  

2.    The Policy sets out the information concerning the personal information we collect about you and how it is used and shared.  Please note that we do not sell or share the personal information we collect from you during your use of the Site, nor do we collect any sensitive personal information for use of the Site.  

3.    You have the right to request that we (i) disclose what personal information we collect, use, disclose and sell about you specifically (“right to know”); (ii) delete the personal information we collect or maintain about you (“right to delete”); or (iii) correct inaccurate personal information that we have about you.  Please note, however, that the exercise of certain of these rights may impact your use of the Site and/or result in our inability to provide you with services relating to your use of the Site. To submit a request to exercise any of these above-mentioned rights under CCPA, please call us at the toll-free number 1 (866) 733-3224 or submit an email request to privacy@cimetrix.com and include “CCPA Rights” in the subject line. Please specify in your request the specific CCPA right you would like to exercise, the details of your request, including any specific pieces of personal information you would like to access, delete or correct.  We will ask that you provide certain information to verify your identity, such as a code sent to an email address that we may have on file for you. If you have a password-protected account with us, we may verify your identity through our existing authentication practices for your account. The information that we ask you to provide to verify your identity will depend on your prior interactions with us and the sensitivity of the personal information at issue. We will respond to your request in accordance with the CCPA. If we deny your request, we will explain why.

 
ANNEX 2 GDPR SUPPLEMENT  

I. Scope of This GDPR Supplement

This Supplemental Privacy Statement under the General Data Protection Regulation (“GDPR Supplement”) contains information applicable to residents of the European Economic Area (“EEA”), Switzerland and the United Kingdom (“UK”) to supplement or amend the information provided in the Policy.   Unless defined specifically in this GDPR Supplement, capitalized terms shall have the meaning set forth in the Policy.  

II. Controller

Cimetrix Incorporated operates the Site and is the controller of any personal data collected or otherwise processed on or through the Site. 

III. Purposes and Legal bases for processing

We process your personal data on several different legal bases, as follows:

1.    Based on necessity to enter into or perform a contract with you – we need to process your personal data to enter into an agreement with you or a legal entity you represent, to perform contractual obligations, to respond to related questions and requests from you, or provide customer support.
2.    Based on legitimate interests – we process personal data from you •.   for the security and safety of the Site, our IT connected to the Site and the users of the Site;
•    to detect and prevent fraud;
•    to protect and defend the rights or property of others, or our own rights and interests;
•    to track your activities on the Site and present you with advertising based on your browsing activities and interests, provided you have not opted out of such data processing.  
3.    Based on compliance with legal obligations – we may need to process your personal data to comply with relevant laws, regulatory requirements and to respond to lawful requests, court orders, and legal process.
4.    Based on your prior consent – for placing cookies on your device (subject to certain exceptions) or sending marketing communications to you. 
 

IV. Data Transfers to Recipients Outside of the EEA

To facilitate your use of the Site, we may transfer your personal data outside of the country where you are located.  To ensure that your personal data will remain protected wherever it is transferred, we have taken appropriate safeguards as follows: When we transfer personal data of individuals in the EEA, Switzerland or the UK to a country or jurisdiction that cannot ensure an adequate level of protection for their personal data from the GDPR perspective, we make use of Module 2 the 2021 Standard Contractual Clauses (SCC) issued by the European Commission as they pertain to transfers from the EU/EEA and Switzerland (https://commission.europa.eu/publications/standard-contractual-clauses-international-transfers_en) and the International Data Transfer Agreement (IDTA) transfer mechanisms issued by the UK Information Commissioner’s Office (ICO) as it pertains to transfers from the UK (https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/international-data-transfer-agreement-and-guidance/), with Cimetrix as Data Importer and Processor.

You can request a copy of such safeguards by contacting us in accordance with Section 3.g. (“Contacting Us,”) of the Policy.  

V. Your Rights Regarding the Processing of Your Personal Data

Subject to the conditions set out in the applicable law, you have, without limitation, the rights to (i) inquire whether and what kind of personal data we hold about you and how it is processed, and to access or request copies of such personal data, (ii) request the correction or supplementation of personal data about you that is inaccurate, incomplete or out-of-date in light of the purposes underlying the processing, or to (iii) obtain the erasure of personal data no longer necessary for the purposes underlying the processing, processed based on withdrawn consent, processed for legitimate interests that, in the context of your objection, do not prove to be compelling, or processed in noncompliance with applicable legal requirements.

In addition, you have, subject to the conditions set out in the applicable law and without limitation, the rights to (iv) request us to restrict the processing of personal data in certain situations where you feel its processing is inappropriate, (v) object, in certain circumstances, to the processing of personal data for legitimate interests, and to (vi) request portability of personal data that you have actively or passively provided to us (which does not include data derived or inferred from the collected data), where the processing of such personal data is based on consent or a contract with you and is carried out by automated means. In case of concerns, you also have the right to lodge a complaint with the competent local data protection authority.

You may exercise the above-mentioned rights of access, rectification, erasure, restriction, objection and data portability by contacting us in accordance with Section 3.g. (“Contacting Us,”) of the Policy.   Please note, however, that the exercise of certain of these rights may impact your use of the Site and/or result in our inability to provide you with Services relating to your use of the Site.