Privacy Statement
Privacy
This privacy statement (“Statement”) governs how Exoben Inc. and its affiliated companies (“Exoben”, “we”, “our” or “us”) use Personal Data (defined below) that is Processed (also defined below) in connection with your (“user”, “you”, or “your”) interaction with us, and how we meet our data protection obligations under the various laws, rules, and regulations to which we are subject as a global company.
Please read this Statement carefully to better understand how we collect, use, store, and disclose (“Process”, “Processed”, “Processing”) Personal Data about you when you engage with us. This Statement addresses how we handle Personal Data which we Process when you engage with us for any reason not related to human resources. Generally, these categories include (but are not limited to):
Use of our website https://www.exoben.com or any other website or application we operate that links to this Statement (collectively, our “Sites”)
Any business engagement
Shareholder communication
Safety and security interaction
Community engagement (collectively “Interaction”)
A separate privacy statement applies to our employees, contractors, job applicants, and other personnel – please see our Human Resources-Related Privacy Notice at www.exoben.com/legal for more information.
Definitions
Personal Data: Any information relating to an identified or identifiable natural person.
Processing: Any operation or set of operations which is performed on Personal Data, such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, restriction, erasure, or destruction.
How We Collect Personal Data
We collect Personal Data about you through various means, including:
Direct interactions: You may provide Personal Data when you engage with us through our Sites, through business communications, or through community engagement activities.
Automated technologies: We may collect data about your equipment, browsing actions, and patterns through cookies, server logs, and other similar technologies when you interact with our Sites.
Third parties or publicly available sources: We may receive Personal Data about you from various third parties, including our business partners, service providers, and public databases.
How We Use Personal Data
We use your Personal Data for the following purposes:
To manage and operate our business, including providing and improving our services, managing our Sites, and conducting business engagements.
To communicate with you, including sending you information about our services, responding to your inquiries, and providing shareholder communications.
To ensure the safety and security of our operations and Sites.
To engage with our community and stakeholders.
To comply with legal and regulatory obligations.
How We Share Personal Data
We may share your Personal Data with:
Our affiliated companies for the purposes described in this Statement.
Service providers and business partners who perform services on our behalf.
Regulatory authorities, law enforcement agencies, and other governmental bodies when required by law.
Data Security
We implement appropriate technical and organizational measures to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access.
Your Rights
You have certain rights regarding your Personal Data, subject to local law. These may include the right to:
Access your Personal Data.
Rectify incorrect or incomplete data.
Erase your Personal Data.
Restrict Processing of your Personal Data.
Object to Processing of your Personal Data.
Data portability.
To exercise these rights, please contact us at privacy@exoben.com.
Changes to This Statement
We may update this Statement from time to time. Any changes will be posted on our Sites, and where appropriate, notified to you by email. Please review this Statement periodically for updates.
For more information, please contact us at privacy@exoben.com or visit www.exoben.com/legal.
1. INTRODUCTION
At Exoben Inc., we are committed to respecting your privacy and recognize the need for appropriate protection and management of any Personal Data that is Processed as part of an Interaction. As used in this Statement, “Personal Data” means any information, either alone or in combination with other information, that relates to an identified or identifiable natural person, which may include “Health Information” and “Special Category Information,” each as defined below. We may collect Personal Data from you directly, indirectly through documents you upload to a Site, or through a third party, as discussed more fully in Section 3 below.
In some circumstances, you may choose whether or not to provide or disclose Personal Data in connection with your Interaction with us. If you choose not to provide the requested Personal Data, you may still visit and use parts of our Sites, but you may be unable to access or use certain features, options, programs, products, and services. Due to safety and security concerns, your refusal to provide Personal Data may also prohibit you from entering our physical locations (including, without limitation, our operating sites) and may adversely impact our ability to do business with you or the organization you represent.
Our Sites may contain links to third-party websites, products, services, and advertisements that are not owned or controlled by Exoben. We are not responsible for the privacy practices or the content of those third-party websites, products, services, and advertisements, and you visit them at your own risk.
This Statement applies to, but is not limited to, the Personal Data of the following individuals:
Visitors to our Sites
Visitors to our operating sites and other physical locations
Representatives of our past, current, and prospective customers
Representatives of our past, current, and prospective business partners, suppliers, and contractors
Our shareholders and/or their representatives
Representatives of our joint venture partners and other stakeholders
2. CATEGORIES OF PERSONAL DATA WE MAY COLLECT
Our Interactions with you may require us to Process certain information that may contain Personal Data about you. This includes, but is not limited to:
Personal and business demographic information such as name, address, date of birth, citizenship status, and similar information.
Information related to your professional qualifications, education, and training.
Information related to travel arrangements if you are visiting our operating sites.
Information related to shareholder tax and accounting matters, including tax calculation and withholding, bank information (for payment purposes), and taxpayer identification numbers.
Information related to workplace safety, including training records, accident and incident reports, investigations, first aid and other medical records, medical and other information related to workers’ compensation claims, and medical records related to hazardous exposure monitoring.
Information collected via machinery or equipment you may operate while onsite at our physical locations.
Biometric data such as photographs, fingerprints, and iris scans used for the issuance of security credentials or operator safety monitoring.
In certain circumstances, Exoben Inc. may Process Personal Data that includes information regarding your medical history or health (“Health Information”), as well as other information regarding your racial or ethnic origin, political opinions, philosophical or religious beliefs or affiliations, political, trade or professional associations, trade union memberships, sexual preferences or practices, or criminal records (collectively, with Health Information, “Special Category Information”). Exoben will not collect or Process Special Category Information unless it is necessary to do so, and if we have your consent or another lawful basis to do so under Applicable Data Privacy Laws.
We may Process Health Information to:
Provide medical assistance and treatment in the event of a medical emergency.
Comply with our health and safety obligations (including, without limitation, at our operating sites), or as otherwise required or permitted by applicable law.
3. INFORMATION PROCESSED BY EXOBEN
Exoben Inc. Processes certain information that may constitute Personal Data in the following ways:
(a) Exoben Business and Operations
Exoben may collect a range of Personal Data in connection with its business and operations, including, without limitation:
Your name, age, gender, job title, photo identification, email address, home or business address, and telephone number.
Information contained within communications with you (including notes from meetings and telephone call recordings), feedback, or survey responses.
Financial and payment information.
Health Information if you are visiting our operating sites.
If you provide us with Personal Data relating to someone else, you must ensure that they have consented to that disclosure or that it is otherwise lawful under Applicable Data Privacy Laws.
(b) Personal Data Collected by Third Parties
We may use certain third-party service providers to perform various business operations on our behalf. These providers may collect Personal Data about you while performing their services and functions for us. For more information regarding our service providers, their business purposes, and their privacy practices, please review Section 5 of this Statement.
(c) Information Automatically Collected via Our Sites
We collect certain information on our Sites automatically by means of various software tools. This automatically collected information includes:
Log Files: The information inside the log files includes internet protocol (“IP”) addresses, browser type, Internet Service Provider (“ISP”), date/time stamp, referring/exit pages, clicked pages, and any other information your browser may send to us.
Cookies: Our Sites use cookies. A cookie is a small text file that is placed on your computer or mobile device when you visit a website or use an app. Cookies collect information about users and their visit to the website or use of the app, such as their IP address, how they arrived at the website (for example, through a search engine or a link from another website), and how they navigate within the website or app. We use cookies and other technologies to facilitate your internet sessions and use of our Sites, track use of our Sites, and compile statistics about activities carried out on our Sites. You may set up your web browser to block cookies or remove cookies stored from your computer or mobile device. However, if you do so, you may not be able to use certain features and functions of our Sites. Most modern browsers allow you to change your cookie settings. You can usually find these settings in the options or preferences menu of your browser.
Do Not Track Signals: Exoben does not track users over time and across third-party websites to provide targeted advertising. Accordingly, we do not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Data about an individual’s online activities over time and across third-party websites or online services.
Analytics Services: We may use certain third-party analytics services to improve the functionality, features, or delivery of our Sites. We may also use these analytics services to record mouse clicks, mouse movements, scrolling activity, as well as any text that you type into our Sites. For example, we use Google Analytics on our Sites to track user trends and usage. For more information on Google Analytics’ processing of Personal Information as it relates to our Sites, please see Google’s Privacy Policy for Partners. By using a browser plugin provided by Google (available at Google Ads Preferences Plugin), you can opt out of Google Analytics.
Other Tracking Technologies: When you visit our Sites, we may collect your IP address for certain purposes such as monitoring the regions from which you navigate our Site. We may also use web beacons alone or in conjunction with cookies to compile information about your usage of our Sites and interaction with emails from us. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular site tied to the web beacon. We may use web beacons to operate and improve our Sites.
4. Purposes for Collecting and Using Personal Data
If you submit, or we collect, Personal Data, it may be used for the following purposes:
Business Management and Operations: To manage and operate our business, including negotiating contracts, managing business relationships with the entity you represent or are employed by, administering real property leases and licenses, managing accounts and records, facilitating payment for goods and services, managing a CRM database, keeping records and audit information relating to our customers and contacts, communicating with you and other third-party contacts, facilitating planned exports in compliance with export control laws, and supporting corporate social responsibility activities.
Site Management: To manage our operating sites, including compliance with security, and health and safety requirements.
Shareholder Relations: To manage and administer our shareholder relationships.
Site Improvement: To provide, analyze, administer, improve, and personalize our Sites.
Event and Program Communication: To contact you in connection with events, programs, or offerings that you may have registered for.
Marketing and Updates: To send you updates and marketing materials.
Access Authentication: To identify and authenticate your access to the parts of the Sites that you are authorized to access.
Site Administration: To administer our Sites and for internal operations, including data analysis and testing.
Technical Functionality and Security: To ensure the technical functionality and security of the Sites.
Internal Investigations and Audits: To undertake internal investigations and audits.
Legal and Regulatory Compliance: To undertake and comply with our legal and regulatory obligations.
Exoben ensures that the Processing of Personal Data is strictly limited to what is necessary for the intended purposes for which it was collected or authorized by the data subject. We take reasonable measures to guarantee that all Personal Data is reliable, accurate, complete, and up-to-date. Exoben complies with all relevant data protection laws, including but not limited to the European Union’s General Data Protection Regulation (“GDPR”), the Australian Privacy Principles under the Australian Privacy Act 1988 (“Australian Privacy Laws”), and applicable United States Federal and State laws (collectively, “Applicable Data Privacy Laws”). Depending on the relevant Applicable Data Privacy Laws, Exoben Processes Personal Data based on several legal grounds, including legitimate business interests, the necessity for performing a contract, obtaining consent, and fulfilling legal and regulatory obligations.
5.How We Disclose Personal Data
At Exoben, we do not sell, lease, rent, or otherwise disclose your Personal Data to third parties, except as outlined below or with your consent. We may disclose your Personal Data in the following circumstances:
(a) To Our Third-Party Providers
We transfer Personal Data to our third-party service providers to perform certain tasks on our behalf. For example, we may share your Personal Data with service providers who assist us in processing invoices or directing a query you have submitted to the relevant department within Exoben. We also use third parties for technical support of our Sites, application development, tracking and reporting functions, quality assurance, and other services. These entities are required to protect the confidentiality of this Personal Data and are restricted from using it for any purpose other than as outlined in this Statement.
(b) To Our Affiliates and Joint Venture Partners
We may share your Personal Data with our affiliates and joint venture partners in connection with our business and operational purposes. These entities are required to protect the confidentiality of this Personal Data and are restricted from using it for any purpose other than as outlined in this Statement.
(c) In the Event of Merger, Sale, or Change of Control
We may transfer or assign this Statement and any Personal Data to a third party that acquires or merges with us, or seeks to acquire or merge with us, as part of a merger, acquisition, sale, or other change of control, or which otherwise acquires or seeks to acquire all or substantially all of our assets.
(d) Aggregate Information
We may conduct research on user demographics, interests, and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregated information with our affiliates, agents, and business partners. This aggregate information does not identify any individual user personally. We may also disclose aggregated information to current and prospective business partners and other third parties for other lawful purposes.
(e) Other Disclosures
We may disclose Personal Data about you if we believe that such disclosure is helpful or reasonably necessary to:
Comply with any applicable law, regulation, legal process, or governmental request.
Enforce our Terms of Use, including investigations of potential violations.
Detect, prevent, or address fraud or security issues.
Protect against harm to the rights, property, or safety of Exoben, its affiliates, joint venture partners, our users, or the public.
6. Retention, Rectification, Destruction, and De-Identification of Personal Data
Exoben will take reasonable measures to ensure that Personal Data held about you is accurate, complete, and up-to-date. We will update Personal Data promptly if it is determined that such Personal Data has changed or is inaccurate.
We shall retain Personal Data for as long as it is needed to:
Fulfill the purposes described in this Statement.
Comply with applicable law.
7. Unsolicited Personal Data
If we receive any unsolicited Personal Data that is not required for a purpose described in Section 5 of this Statement, we will, if lawful and reasonable to do so, destroy the information or ensure that it is de-identified as soon as practicable.
8. Data Security
The privacy and security of Personal Data are very important to us. Considering the nature, scope, context, and purposes of Processing Personal Data, as well as the risks of varying likelihood and severity for the rights and freedoms of individuals, Exoben has implemented appropriate technical and organizational measures to ensure and demonstrate that its Processing of Personal Data complies with Applicable Data Privacy Laws. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Data, we cannot guarantee its absolute security. We report known security incidents to both regulators and affected individuals in accordance with Applicable Data Privacy Laws.
9. Children’s Privacy
Our Sites and business operations do not target children and individuals under the age of 18.
10. Email Communications
You may choose not to receive future emails from us by selecting the unsubscribe link at the bottom of each email you receive from us. Additionally, you may send a request specifying your communication preferences to privacy@exoben.com. Please note that even if you opt out of receiving marketing emails, we may still send you responses to any “Contact” requests, as well as administrative, maintenance, and operational emails (for example, in connection with a password reset request). You cannot opt out of receiving transactional emails or other communications related to the operation of our business relationship.
11. Your California Privacy Rights
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of Personal Data about you by Exoben to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to privacy@exoben.com or write to us at:
Privacy Officer
Exoben Inc.
800 N King Street
Suite 304 1356
Wilmington, DE 19801
United States
12. International Transfer
Exoben is an international company with affiliates located in several countries. Our Sites and databases currently reside on servers in the United States and other countries, and we cooperate with various sub-contracted data processors worldwide, including, but not limited to, our operating sites in Ghana. Accordingly, Exoben may transfer Personal Data we collect to third parties in countries other than the country in which the Personal Data was initially collected. These countries may not have the same data protection laws as those applicable to the data subject or in the country where the Personal Data was initially collected. When we transfer Personal Data to recipients in other countries, we will protect it as described in this Statement.
13. Individual Rights
Applicable Data Privacy Laws may grant you certain rights with respect to your Personal Data. These rights differ by country/region but may include the right to request:
Your Privacy Rights
Applicable Data Privacy Laws may grant you certain rights with respect to your Personal Data. These rights differ by country/region but may include the right to request:
Right to Access Your Personal Data
You have the right to request confirmation from us regarding whether your Personal Data is being processed. If it is, you can request access to this data. This includes information about the purposes of the processing, the categories of Personal Data involved, and the recipients or categories of recipients to whom the data has been or will be disclosed. Additionally, you have the right to obtain a copy of the Personal Data being processed. For any further copies requested, we may charge a reasonable fee based on administrative costs.
Right to Correction
You are entitled to request the correction of any inaccurate Personal Data concerning you. Depending on the purposes of the processing, you also have the right to have incomplete Personal Data completed, which may include providing a supplementary statement.
Right to Deletion
You have the right to request the deletion of your Personal Data, and we may be obliged to erase such data under certain circumstances.
Right to Restrict Processing
You have the right to request that we restrict the processing of your Personal Data. In such cases, the respective data will be marked and may only be processed by us for specific purposes.
Right to Data Portability
You have the right to receive the Personal Data that you have provided to us in a structured, commonly used, and machine-readable format. You also have the right to transmit those data to another entity without hindrance from us.
Right to Object
You have the right to object, on grounds relating to your particular situation, at any time to the processing of your Personal Data by us. If this right is exercised, we may be required to cease processing your Personal Data for such purposes. However, this right to object may not apply if the processing of your Personal Data is necessary for entering into a contract or for performing a contract already concluded.
Exercising Your Privacy Rights
To exercise your privacy rights, please email us at privacy.officer@exoben.com.
If you believe your rights regarding your Personal Data have been violated, you may have the option to file a complaint with a supervisory authority or regulatory agency based on your location. We recommend reaching out to us first at privacy.officer@exoben.com so we can address your concerns directly.
Exoben is committed to collaborating with relevant data protection authorities to resolve any unresolved issues related to Personal Data. Our team will engage with local data protection authorities as necessary, and Exoben will respond directly to these authorities to investigate and resolve complaints.
Updates to This Privacy Statement
As our organization evolves, this Privacy Statement will also be updated. We reserve the right to modify this Statement at any time and for any reason, without prior notice to you, except by posting the revised Statement on our website. While we may occasionally send reminders about our notices and terms, it is recommended that you periodically review our website to stay informed about any updates to this Statement.
Contact Information
For any questions, comments, or complaints regarding this Privacy Statement or Exoben’s data processing practices, please reach out to us via mail or email:
Privacy Officer
Exoben Inc.
800 N King Street
Suite 304 1356
Wilmington, DE 19801
United States
privacy@exoben.com