Privacy Policy | Ushio America, Inc.

Introduction

At Ushio America, Inc. and its subsidiaries (collectively, “Ushio”), we respect the privacy of our customers and visitors of our websites. While offering our website users the advantages and convenience of web-based technologies, we also strive to employ practices that ensure information collected about our customers and visitors is used conscientiously and appropriately. This Privacy Policy outlines the use of personally identifiable information (“personal information”) collected on Ushio’s websites that are linked to this policy. Unless otherwise stated herein, it does not address the use of such information collected offline.
For the purposes of the EU General Data Protection Regulation 2016/679 (the “GDPR”) the data controller is Ushio America, Inc., with an office at 5440 Cerritos Avenue, Cypress, CA 90630 U.S.A.

Information We May Request and How the Information May Be Used

We may ask you for personal information or business information to create an online account for online transactions, to enable us to enhance your site visit and your relationship with us, to provide information to you about our products, to acquaint you with marketing or promotional programs we offer from time to time, or for other purposes related to our business. We may also invite you to complete surveys or questionnaires intended to assist us in identifying customer needs, developing marketing programs, and obtaining feedback on specific matters. In connection with online purchases of our products, we may collect contact information such as your name, email address, and phone number, as well as billing information such as credit card number and billing address. Unless personal information is requested to complete online transactions, it is completely a matter of your choice as to whether you submit any requested information to us.

Use of Information You Submit

We will only process your personal information, including sharing it with third parties, where (1) you have provided your consent that can be withdrawn at any time, (2) the processing is necessary for the performance of a contract to which you are a party, (3) we are required by law, (4) processing is required to protect your vital interests or those of another person, or (5) processing is necessary for the purposes of our legitimate commercial interests, provided your interests and fundamental rights do not override those interests.
We process your personal information for the following purposes:

To register you as a new customer
To process and deliver your order including:
- Manage payments, fees, and charges
- Collect and recover money owed to us
To manage our relationship with you, which will include:
- Notifying you about changes to our terms or Privacy Policy
- Asking you to provide feedback or take a survey
To enable you to participate in a prize draw, competition, or complete a survey
To administer and protect our business and websites (including troubleshooting, data analysis, testing, system maintenance, support, reporting, and hosting of data)
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
To use data analytics to improve our website, products/services, marketing, customer relationships, and experiences
To make suggestions and recommendations to you about goods or services that may be of interest to you

If you choose to submit your personal information to us, we will not sell or transfer that information to outside parties, and we will treat that information confidential, with the following exceptions. “Outside parties” do not include website hosting companies and other parties we may use to assist us in operating our websites, conducting our business, or servicing you, so long as those parties agree to terms consistent with this Privacy Policy. The categories of companies that may receive your personal information include those involved in the following services: website hosting, email archiving, customer relationship management, online store hosting, and expense reimbursement. In addition, we may disclose your personal information if required by law or law enforcement agencies or as we consider reasonably necessary to protect persons or property from harm.

Online Tracking

Unless you are visiting our online store to make online purchases, you can visit our websites without revealing who you are or any personal information about yourself. Our web servers do collect the domain names of visitors to our website, but we cannot identify you personally from a domain name. We may place a “cookie” on your computer’s hard drive. A “cookie” is a small data file that can be used to track repeat visits and navigation through certain parts of our website. Cookies are useful to us in evaluating the effectiveness of our website and designing and making improvements to our website, but they are not used to identify you personally. You can reject “cookies” by making the appropriate settings to your web browser. We do not collect personal information about your browsing activities over time and across third-party websites or online services. To the best of Ushio’s knowledge, other parties do not conduct online tracking of our customers or visitors while they are on our websites. We currently do not use technology that responds to Do Not Track signals from your browser. For more information about our practices, please see our Cookie Policy.

Our Newsletter and Marketing Emails

We use a third party provider, MailChimp, to deliver our email newsletter and marketing emails. We gather statistics around email opening and clicks using industry standard technologies including clear gifs to help us monitor and improve our content. For more information, please see MailChimp’s privacy notice here.

Security of Information

We use reasonable efforts to try to protect the security of any information you may submit to us. However, we cannot give you any absolute assurances as to the security of information you provide to us, and you provide information to us at your own risk. We can assure you that any financial information you provide to us will be directed to a secure server where such information is encrypted and that we will store the information on a secure server for only as long as reasonably necessary to process and complete the specific transaction for which the financial information is furnished. To the extent that we use a third party to assist us in operating our websites, such third party is required to implement and maintain reasonable security procedures and practices appropriate to protect the information collected by our customers and visitors of our websites. In the event we become aware of any breach of security with respect to financial or other sensitive information you have provided to us, we will use our best efforts to notify you of that breach as promptly as possible.

How You Can Review and Correct Your Personal Information

If you want to review and correct your personal information you submitted to us through our websites, please sign in to your account to update or modify your personal information if you are using our online store or contact us at customerservice@ushio.com. if you submitted your personal information through other Ushio websites.

How long we store information

If you want to review and correct your personal information you submitted to us through our websites, please sign in to your account to update or modify your personal information if you are using our online store, or contact us at one of the following email addresses if you submitted your personal information through other Ushio group websites:

Ushio America, Inc.: customerservice@ushio.com
Necsel Intellectual Property, Inc.: sales@necsel.com
Necsel New Jersey (formerly PD-LD, Inc.): sales@necsel.com
Ushio Vermont (formerly Nathaniel Group, Inc.): VermontCustSupp@ushio.com
Zylight LLC: customerservice@ushio.com

Opting Out

If you do not wish to receive marketing material from us via the internet, let us know that in the manner indicated when you provide information to us, use the opt out procedure we specify in mailings sent to you, or contact us in the manner indicated below.

Your European rights

If you are based in the EU, in certain circumstances, you have rights under the GDPR in relation to your personal information.

Request access to your personal information. You may have the right to request access to any personal information we hold about you as well as related information, including the purposes for processing the personal information, the recipients or categories of recipients with whom the personal information has been shared, where possible, the period for which the personal information will be stored, the source of the personal information, and the existence of any automated decision making.
Request correction of your personal information. You may have the right to obtain without undue delay the rectification of any inaccurate personal information we hold about you.
Request erasure of your personal information. You may have the right to request that personal information held about you is deleted.
Request restriction of processing your personal information. You may have the right to prevent or restrict processing of your personal information.
Request transfer of your personal information. You may have the right to request transfer of personal information directly to a third party where this is technically feasible.

Where you believe that we have not complied with our obligation under this Privacy Policy or European data protection law, you have the right to make a complaint to an EU Data Protection Authority, such as the UK Information Commissioner’s Office.
You can exercise any of these rights by emailing us at one of the following email addresses:

Ushio America, Inc.: customerservice@ushio.com
Necsel Intellectual Property, Inc.: sales@necsel.com
Necsel New Jersey (formerly PD-LD, Inc.): sales@necsel.com
Ushio Vermont (formerly Nathaniel Group, Inc.): VermontCustSupp@ushio.com
Zylight LLC: customerservice@ushio.com

Links to Other Sites

For your convenience, we may provide links to other websites we do not operate. However, we are not responsible for the privacy policies of those websites.

Your California Privacy Rights Act (“CPRA”) Rights

California residents have the following rights:

Access Rights. The right to request and receive disclosure of:
- our information collection practices – the categories of personal information we collect, the categories of sources of such information, our business purpose for collecting or sharing such information, the categories of third parties with whom we share such information;
- our information sharing practices – a list of the categories of personal information sold with the category of third party recipients and a list of the categories of personal information that we disclosed for a business purpose;
- the personal information we have collected about them during the prior 12 months, or at their option, since January 1, 2022.
Deletion Rights. The right to request that we delete (and direct our service providers to delete) their personal information subject to certain exceptions.
Correction Rights. The right to request that we correct information that we hold which is inaccurate.

Opt-Out Rights.

Do Not Sell My Personal Information. The right to request that we not sell personal information about them;
Do Not Share My Personal Information. The right to request that we not share personal information for cross-context or behavioral marketing purposes;
Limit Processing of Sensitive Personal Information. The right to request that we do not process Sensitive Personal Information for any purpose other than the purpose for which we originally collected it.

We will not discriminate against you as a result of your exercise of any of these rights.

For purposes of the CPRA, personal information means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household.

Information Collected, Sources and Business Purpose for Collection

During the past 12 months, we have collected the following categories of information from the listed sources, and used it for the listed business purposes. The categories of information include information we collect from our website visitors, registered users, employees, vendors, suppliers, customers, and any other person who interacts with us either online or offline. Not all information is collected about all individuals. For instance, we may collect different information from applicants for employment or from vendors or from customers..

Category of Information collected	Source	*Business purposes for use**
A. Identifiers (name, alias, postal address, email address, phone number, fax number, account name, Social Security number, driver’s license number, passport number, unique personal identifier, IP address)	Individuals submitting information, including employees; employment applications.	Auditing relating to transactions; customer and vendor due diligence; security detection, protection and enforcement; performing services for you; evaluating job applicants; employment purposes.
B. Protected Information (name with financial account, medical, health, and health insurance information, user name and password)	Individuals submitting information, including employees; employment applications.	Auditing relating to transactions; security detection, protection and enforcement; performing services for you; processing customers’ credit applications; employment purposes; employee benefits administration.
C. Protected anti-discrimination classification information (race, gender, ethnicity, religion)	Individuals submitting information, including employees.	Employee benefits administration; compliance with applicable laws; providing census data to government agencies.
D. Commercial information (transaction history, products/services purchased, obtained or considered, product preference)	Individuals submitting information.	Auditing relating to transactions; security detection, protection and enforcement; functionality debugging/error repair; performing services to you.
E. Electronic network activity (browsing or search history, website interactions, advertisement interactions)	Information automatically collected from site visitors.	Auditing relating to transactions; security detection, protection and enforcement; performing services for you; internal research and development; quality control.
F. Audio, video or similar information (customer service calls, security monitoring)	Individuals submitting information; information we collect for security purposes.	Auditing relating to transactions; security detection, protection and enforcement; performing services for you; internal research and development; quality control.
G. Biometrics	Not collected.	Not collected.
H. Geolocation	Information we automatically collect from site visitors.	Performing services for you; compliance with applicable laws.
I. Professional, educational or employment related information	Information submitted by individuals, including employees; employment applications.	Customer and vendor due diligence; security detection, protection and enforcement; functionality debugging/error repair; employment purposes.
J. Non-public educational information (Education records about students)	Not collected.	Not collected.
K. Sensitive Personal Information (social security, driver’s license, state identification card, or passport number, account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account, precise geolocation, consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership, genetic data, biometric information, health, sex life or sexual orientation.)	Information submitted by individuals; information received from third parties in connection with vendor or employment status or applications; information we observe in connection with vendor or employment oversight.	Identity verification; employment and benefits administration; vendor oversight; security detection, protection and enforcement; compliance with law.
L. Inference from the above (preferences, characteristics, behavior, attitudes, abilities, etc.)	Internal analytics	Security detection, protection and enforcement; functionality debugging/error repair; performing services for you; internal research and development; quality control.

*More specifically, the business purposes include:
1. Performing services for you:

To administer or otherwise carry out our obligations in relation to any agreement to which we are a party;
To assist you in completing a transaction or order;
To allow tracking of shipments;
To prepare and process invoices;
To respond to queries or requests and to provide services and support;
To provide aftersales customer relationship management;
To create and manage our customer accounts;
To notify you about changes to our services and products;
To administer any promotion, contest, survey, or competition;
To provide you information regarding our products and services, and
To offer our products and services to you in a personalized way; for example, we may provide suggestions based on your previous requests to enable you to identify suitable products and services more quickly.

2. Auditing relating to transactions, internal research and development.

To provide for internal business administration and operations, including troubleshooting, site customization, enhancement or development, testing, research, administration and operation of our sites and data analytics;
To create products or services that may meet your needs; and
To measure performance of marketing initiatives, ads, and websites “powered by” another company on our behalf.

3. Security detection, protection and enforcement; functionality debugging, error repair.

As part of our efforts to keep our sites safe and secure;
To ensure the security of your account and our business, preventing or detecting fraud, malicious activity or abuses of our sites—for example, by requesting verification information in order to reset your account password (if applicable);
To ensure the physical security of our premises through the monitoring of surveillance images; and
To resolve disputes, to protect the rights, safety and interests ourselves, our users or others, and to comply with our legal obligations.

4. Quality control.

To monitor quality control and ensure compliance with our legal obligations, codes and ordinances, policies and procedures; and
To develop and improve our products and services—for example, by reviewing visits to the sites and various subpages, demand for specific products and services and user comments.

Processing Sensitive Personal Information

We collect and process Sensitive Personal Information for the purposes disclosed at the time we collect this information. We do not process this information for purposes other than the purpose for which it was originally collected unless required by law.. We use and process Sensitive Personal Information collected from California employees, job applicants or vendors (including racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status) to comply with laws including anti-discrimination laws and disability accommodation laws. We use Sensitive Personal Information from other consumers (including racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status) to provide disability accommodations.

Disclosing Personal Information

From time to time we disclose your information as described below.

Business Purposes. We may disclose your personal information to service providers and others for a business purpose. In the preceding twelve (12) months, we may have disclosed the following categories of personal information to service providers (such as payment processors, mail houses, marketing partners, shipping partners, employee benefits partners; professional advisors);affiliated companies; government regulators; law enforcement: Categories A, B, C, D, E, F, H, I, L. The business purposes are listed above next to the categories of information collected.
Sale of Information. We do not disclose your personal information in exchange for monetary payment. However, we may disclose or provide access to personal information to certain third parties that provide us with services such as helping us with advertising, data analysis, and security, which may fall under the definition of “consideration” and be considered a “sale” under the CCPA. We do not sell personal information of individuals we actually know are less than 16 years of age.
Sharing Personal Information for Behavioral or Cross-Context Marketing Purposes. We do not share your personal information with third parties for cross-context or behavioral advertising purposes.

Retention of Personal Information

We will store personal information in a form that permits us to identify consumers, for as long as necessary for the purpose for which the personal information is processed. We may retain and use such personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements and rights, or if it is not technically reasonably feasible to remove it. We retain information consumers provide in connection with requests made under the CPRA for a period of two years.

How to Exercise Your CPRA Rights

Access, Correction and Deletion. To make a CPRA access, correction or deletion request, contact us by calling our toll-free number at (800) 838-7446 or visit this link and complete the request form: https://www.ushio.com/data-request-form/.
- We will ask you for information that allows us to reasonably verify your identity (that you are the person about whom we collected personal information) and will use that information only for that purpose. We cannot respond to your request or provide you with personal information if we cannot verify your identity and confirm that the personal information relates to you.
- You may make an access request up to twice within a 12-month period. You may make correction or deletion requests at any time.
- We will acknowledge receipt of your request within 10 business days and will endeavor to respond within 45 days of receipt of your request, but if we require more time (up to an additional 45 days), we will notify you of our need for additional time.
- For requests for a copy of your personal information, we will provide the data in a format that is readily useable, including by mailing you a paper copy or providing an electronic copy to your registered account (if you have registered an account with us). This disclosure will cover the 12 months preceding your request or, at your option, the period beginning January 1, 2022 up to the date of your request.
- We will explain the reasons we cannot comply with a request, if applicable.
- We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
  - Complete transactions, perform contracts with you, or provide goods or services that you requested, take actions reasonably anticipated within our business relationship with you.
  - Protect against, detect, repair, and respond to security incidents and errors.
  - Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  - Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us and compatible with the context in which you provided the information.
  - Comply with a legal obligation.
  - Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
- Opt-Out Rights.
  - You do not need to opt out of sharing information for behavioral or cross context marketing purposes or to limit processing of Sensitive Personal Information because we do not engage in these activities.

Do Not Sell. We do not disclose your personal information in exchange for monetary payment. However, we may disclose or provide access to personal information to certain third parties that provide us with services such as helping us with advertising, data analysis, and security, which may fall under the definition of “consideration” and be considered a “sale” under the CPRA. If you are 16 or older and would like to instruct us not to sell your personal information, please visit our Do-Not-Sell web page: View Below. Once we receive your Do-Not-Sell request, we will wait at least 12 months before asking you to reauthorize personal information sales.

You may also opt out by activating a user-enabled global privacy control, such as a browser plug-in or privacy setting, device setting, or other mechanism, that communicates or signals your choice to opt-out of the sale and sharing of personal information. When we receive such a signal, we will stop setting third party, analytics, or advertising partner cookies on your browser. This will prevent the sale or sharing of information relating to that specific device through cookies to our advertising or analytics partners. This option does not stop all sales or sharing of your information because we cannot match your device’s identification or internet protocol address with your personally identifiable information like your name, phone number, email address or ZIP Code. If you delete cookies on your browser, any prior do not sell or do not share signal is also deleted and you should make sure that your user-enabled setting is always activated.

Children

This website is not intended for use by children under 13 years of age. We do not knowingly solicit, collect, or store personal information from or about children, and we do not knowingly market our products to children.

Changes to Policy/Effective Date

If we decide to change this Privacy Policy, we will post the changes on this page. Policy changes will be effective immediately upon posting on this website but will apply only to information collected after the date of the changes. We reserve the right to change, update, or add to this Privacy Policy at any time by posting such change, update, or addition on this website and without any other notice to you. Therefore, please review this Privacy Policy from time to time to ensure that you continue to agree with all of its terms. This policy was last updated on January 1, 2023.

Contact Us

If you have any questions or wish to bring anything to our attention regarding this Privacy Policy, you may contact us by email addressed to feedback@ushio.com.