Effective Date: December 2019


HM Electronics, Inc. and each of its affiliates (collectively, "HME", "we", "us" or "our") respect your privacy and are committed to processing your personal data in accordance with the law. This Privacy Statement (hereinafter the "Statement" or "Privacy Statement") applies to all mobile applications, websites and domains owned by HME linking to or posting this Statement, including: www.hme.com; www.hme.com/qsr; www.jtech.com; www.clearcom.com; www.clearcom50.com; www.trilogycomms.com; www.cerepairs.com; www.hmedtcloud.com; customerservice.hme.com; customerservice.jtech.com; customerservice.cerepairs.com; and customerservice.clearcom.com ("Website" or "Websites").

This Privacy Statement describes how we use, store, disclose and process personal data that we obtain through or in connection with the use of our Websites, including through or connection with purchases of our products and services, through or in connection with use of the HME Careers Portal, the Customer Portal, the HME Cloud, the Clear-Com Partner/Consultant Portal, the Clear-Com Agent-IC® mobile app, the JTECH HostConcepts® Portal and the JTECH SmartCall Messenger Tool, or when you otherwise contact us and/or we collect your personal data.

HME reserves the right to change, modify and update this Privacy Statement from time to time by posting a revised version on our Websites and, if considered necessary, we will notify you directly. Therefore, we recommend you regularly consult this Statement, to make sure that you are aware of any changes. The most recent version of this Statement is reflected by the version date located at the bottom of this Statement.

  1. General

    1. The term "personal data" as used in this Statement shall mean any information (including "personal information" as that term may be defined) that actually enables, or is capable of enabling us to identify you, directly or indirectly, by reference to an identifier such as your name, identification number, location data, online identifier or one or more factors specific to you.
    2. For the purposes of the General Data Protection Regulation 2016/679 (the "GDPR") and other laws globally, the HME entity that is responsible for your personal data ("data controller") is the HME entity from which you have purchased products and/or services, or with which you have applied for a job or entered into communications, or which has otherwise collected your personal data. For further details on each HME data controller, please see below.
    3. If you have questions about this Privacy Statement, or the manner in which HME collects, uses or otherwise processes your personal data, please contact the Privacy Team at the relevant HME data controller using the contact details below:

      HM Electronics, Inc.
      By post: 2848 Whiptail Loop, Carlsbad, CA 92010, USA
      By email: Privacy@hme.com

      JTECH, an HME Company
      By post: 1400 Northbrook Parkway, Suite 320, Suwanee, GA 30024, USA
      By email: wecare@jtech.com

      Clear-Com LLC ("Clear-Com")
      By post: 1301 Marina Village Parkway, Suite 105, Alameda, California 94501, USA
      By email: clearcommarketing@clearcom.com

      Trilogy Communications Limited
      By post: 2000 Beach Drive, Cambridge Research Park, Cambridge CB25 9TP, United Kingdom
      By email: trilogycomms.com/en/contact

      Commercial Electronics, Inc.
      By post: 3787 Rider Trail S., Earth City, MO 63045, USA
      By email: Privacy@ceinstl.com

    4. The Websites may, from time to time, contain links to and from the websites of our partner networks, advertisers, and other third parties. If you follow a link to any of these websites, please note that these websites may have their own privacy statements and that we do not accept any responsibility or liability for these statements. Please check these statements before you submit any personal data to these websites.

  2. Careers with HME

    1. HME's Careers Portal (accessible by following the 'careers' link on our applicable Websites) allows you to apply for positions with HME. Moreover, it offers you the opportunity, without application to a particular position, to submit information that will allow HME to contact you if suitable openings arise in the future (provided you have given your consent to be contacted in such an event).
    2. Registering for the Careers Portal requires you to submit certain personal data. You are under an obligation to provide only personal data which is accurate, complete and up to date at the time at which you submit it to the Careers Portal.
    3. The open career opportunities published on our Websites do not constitute an offer or promise of employment and HME may eliminate, modify or change without notice any aspect(s) of the employment positions, compensation, and benefit plans described therein. Our Websites provide descriptions of possible positions within HME, and do not provide binding offers, terms or conditions of employment. Any employment offer that may follow as a result of the identification of a potential opportunity by a user or submission of information to HME is in accordance with the specific terms of that offer.
    4. Please note, by entering your eSignature and clicking "submit", you provide your consent that your personal data will be processed in order to process your employment application in accordance with this Statement. If your application is unsuccessful, we will store your personal data for up to six (6) months in the Careers Portal following the conclusion of the unsuccessful application, in order to respond to any questions you might have about your application and in order to protect ourselves from legal claims. If we retain your personal data for the purposes of identifying and contacting you about other suitable recruitment opportunities within HME globally, we will store your personal data for a further [five (5)] year period, unless you withdraw your consent or deactivate your profile, which you may do at any time. Deactivating your profile will withdraw all your applications from all the positions you have applied to within HME and will remove your profile from the Careers Portal. However, if you have applied for a position within HME, your personal data may be retained for a temporary period of time in an "inactive" status as required by applicable law and may not be deleted immediately. While you may request that we delete your personal data, we will not be able to process your job application as a result.

  3. Categories of Personal Data HME Collects

    1. We may collect and process the following categories of personal data:
      • Personal data provided to us.

        Suppliers, vendors, customers, partners and Website visitors provide personal data to us in many ways, for example by filling in online feedback and contact forms, requesting information, purchasing HME products, subscribing to materials and newsletters, participating in surveys, signing up for the Customer Portal, the HME Cloud, the Clear-Com Partner/Consultant Portal, the Clear-Com Agent-IC®mobile app, the JTECH HostConcepts® Portal or the JTECH SmartCall Messenger Tool. This includes personal data such as:

        • Identifiers, including name, title, alias, date of birth, marital status, postal address, email address, phone number, passport number, unique personal identifiers (such as log-in details, your username and password and customer ID) and the company you represent;
        • Commercial information, such as transaction history, products/services purchased, obtained or considered etc.; and
        • Financial and transaction data, including bank account and payment card details and information about payments from you and other details of products and services you have purchased from us.

        If you sign up for the Careers Portal and apply for work with us, we may collect, store, and use the following categories of personal data that you have provided to us in your curriculum vitae, a covering letter, on an application form or during an interview, or that we have received from a recruitment agency or background check provider:

        • Identifiers, including name, title, alias, date of birth, marital status, postal address, email address, phone number, passport number, unique personal identifier, Social Security Number, preferred job role and HME office location;
        • Professional or employment-related information, such as employment history, qualifications, answers to questions about suitability for a position, preferred job conditions, extracurricular activities, professional references and professional and personal competencies; and
        • Non-public education information, such as academic qualifications and education records.
      • Personal data we collect.

        We also collected the following information indirectly from you when you access our websites, use our interactive chat function, or otherwise correspond with us by post, phone, email or otherwise:

        • Identifiers, such as phone numbers or email addresses used to correspond with us; and
        • Internet or other similar network activity, such as limited technical information including information on your IP address, browsing or search history, website interactions, advertisement interactions, browser type and version, time zone setting, operating system and platform, page interaction information. Such internet or other similar network activity data is collected by cookies and similar technologies. When you first access our Websites from certain jurisdictions, you will receive a message advising you that cookies and similar technologies are in use. By clicking "accept cookies", closing the message, or continuing to browse the Website, you signify that you understand and agree to the use of these technologies, as described in our Cookie Notice. For more information about our practices in this area for a particular Website, please see our Cookie Notice linked in the footer of such Website. We may also allow select third parties to collect information about our Website visitors to provide us with better insights into the use of our Websites or user demographics or to provide relevant advertising to you. These third parties may collect information about a consumer's online activities over time and across different websites when he or she uses our Websites. Again, please see our Cookie Notice for further details.
      • Not all information is collected about all individuals. For instance, we may collect different personal data from applicants for employment or from vendors or from customers.
      • We do not knowingly collect personal data from children under the age of thirteen (13) and do not target our Websites to children under thirteen (13). We encourage parents and guardians to take an active role in their children's online activities and interests

  4. How we use your Information

    1. We will only process your personal data in accordance with this Statement and the applicable law.
    2. We will process personal data for the following purposes as is necessary for the performance of a contract between you and us or to answer questions or take steps at your request prior to entering into a contract, where you are a:
      • Supplier, vendor, customer, partner or Website visitor, we may process your identifiers, commercial information and financial and transactional data:

        • To administer or otherwise carry out our obligations in relation to any agreement to which we are a party;
        • To allow you to make purchases;
        • To assist you in completing a transaction or order;
        • To allow tracking of shipments;
        • To prepare and process invoices;
        • To allow you to view and pay invoices;
        • To respond to queries or requests and to provide services and technical and sales support;
        • To provide aftersales customer relationship management;
        • To create and manage our customer accounts;
        • To notify you about changes to our services;
        • To facilitate, manage and to allow you to register a profile on the Websites, and manage your settings thereon;
        • To allow you to log into your profile to manage your settings, configure your restaurant layout, upgrade and change your plan and to change default message settings; and
        • To administer any promotion or competition.
      • Job applicant only, we may process your identifiers, professional or employment-related information and non-public education information:

        • To facilitate, manage and to allow you to register a profile on the Careers Portal;
        • To assess your qualifications with respect to your application for a position within HME, and to decide whether to enter into an employment relationship with you; and
        • To facilitate candidate onboarding processes.
    3. We will process personal data for the following purposes as necessary for certain legitimate interests, or where you have given your informed consent to such processing if required by applicable law (such consent can be withdrawn at any time), where you are a:
      • Supplier, vendor, customer, partner or Website visitor, we may process your identifiers, commercial information, financial and transactional data and internet or other similar network activity:

        • To offer our 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;
        • To send you personalized marketing communications, in order to keep you informed of our and our selected partners' products and services, which we consider may be of interest to you;
        • To provide you, or allow selected third parties to provide you, with information about products or services, that may be of interest to you; and
        • To allow you to participate in contests and surveys and benefit from personalized promotional offers.
      • Job applicant only, we may process your identifiers, professional or employment-related information and non-public education information:

        • To assess your qualifications with respect to available positions within HME, to review references and facilitate background screening and to decide whether to enter into an employment relationship with you;
        • To contact and correspond with you regarding job applications and to contact you if your profile and preferences match a vacant position within HME, as long as your profile is active in the Careers Portal.
    4. We will process personal data for the following purposes as is reasonably necessary in our legitimate business interests, provided such interests are not overridden by your interests or fundamental rights, where you are a:
      • Job applicant, supplier, vendor, customer, partner or a Website visitor, we may process your identifiers, commercial information, financial and transactional data and internet or other similar network activity

        • To monitor quality control and ensure compliance with any and all applicable laws, regulations, codes and ordinances, for example, in response to a request from a court or regulatory body, where such request is made in accordance with the law;
        • To resolve any disputes and to protect, enforce or defend our rights;
        • As part of our efforts to keep our Websites safe and secure;
        • To ensure the security of your account and our business, preventing or detecting fraud, malicious activity or abuses of our Websites, for example, by requesting verification information in order to reset your account password (if applicable);
        • To administer our Websites for internal business administration and operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
        • To create products or services that may meet your needs;
        • To develop and improve our products and services, for example, by reviewing user comments and visits to our Websites and various subpages to assess demand for specific products and services; and
        • To measure performance of marketing initiatives, ads, and websites "powered by" another company on HME's behalf.
      • Job applicant only, we may process your identifiers, professional or employment-related information and non-public education information:

        • To transfer candidate data from the Careers Portal to our internal HR systems in the event of a successful application.
    5. We may process your personal data in order to protect your vital interests or the vital interests of another person, for example in order to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety.

  5. Clear-Com Agent-IC® Mobile APP

    1. Certain features of the Clear-Com Agent-IC® mobile app can and do access data from the mobile device's microphone. Such data is not captured or stored by Clear-Com or the app, but such audio data is typically sent to another device through the app's functionality. However, such audio data could be captured or stored by third party equipment to the extent such equipment is connected to the applicable audio ports. Audio data that is transmitted by the app will be encrypted using AES-128 technology for added security. While certain other features of the app may have access to other personal or sensitive user data from your mobile device, neither Clear-Com nor the app collects, transmits, stores or otherwise uses such data.

  6. How long will we retain your personal data?

    1. We will store your personal data, in a form that permits us to identify you, for no longer than is necessary for the purpose for which the personal data is processed. We store your personal data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements and rights, or if it is not technically and reasonably feasible to remove it. Otherwise, we will seek to delete your personal data within a reasonable timeframe upon request.
    2. If you choose a direct payment gateway to complete a purchase on the Websites, then PayPal Gateway stores your credit card data. Your purchase transaction data is stored in accordance with PayPal's retention practices.

  7. How we share your Information

    1. We will not sell, hire out, disclose, transfer or pass on your personal data to third parties, except in the situations provided for in this Statement or unless you provide prior consent. We may share personal data in the following ways:
      • Our Affiliates. Your personal data may be accessed by us or transferred to us in the U.S. in order to process your personal data (the information shared includes identifiers, commercial information, financial and transaction data, internet or other similar network activity, professional or employment-related information and non-public education information).
      • Third-party service providers. We may share personal data with dealers, distributors and other resellers of our products and services, service providers and suppliers retained to deliver complete products, services and customer solutions and to assist us with marketing and communication initiatives. These service providers and suppliers include, for example, providers of site and store hosting services, customer support and live-help, IT and network vendors, marketing, email service providers, automated data processors, providers of payment processing services and shipping agents. When we share your personal data with third parties that we engage to process data on our behalf, including our affiliates, we will ensure that those third parties are contractually bound to guarantee the same levels of privacy protection and confidentiality observed by HME when handling your personal data (the information shared includes identifiers, commercial information, financial and transaction data, internet or other similar network activity, professional or employment-related information and non-public education information).
      • Resellers and agents. We may share personal data with, and receive personal data from, our agents and resellers in order to fulfil orders and facilitate repairs of faulty HME products (the information shared includes identifiers, commercial information and financial and transaction data).
      • Third party involved in a business transaction. We may share personal data with one or more third parties in connection with or during negotiation of any merger, financing, acquisition or dissolution, transition, or proceeding involving the sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy or receivership, such personal data may also be transferred as a business asset. If another company acquires any of our companies, businesses or assets, that acquiring company may acquire your personal data, and in that case, we will inform you of the new controller responsible for the protection of your personal data. We do not guarantee that any entity receiving such data in connection with one of these transactions will comply with all of the terms of this Statement following such transaction. However, it is our practice to seek reasonable protection for personal data in these types of transactions (the information shared may include identifiers, commercial information, financial and transaction data, internet or other similar network activity, professional or employment-related information and non-public education information).
      • Our advisors. We may share your personal data with our auditors, legal advisors, and similar third parties in connection with our receiving their professional services, subject to standard confidentiality obligations (the information shared may include identifiers, commercial information, financial and transaction data, internet or other similar network activity, professional or employment-related information and non-public education information).
      • Law enforcement. We may disclose personal data to the government or to third parties under certain circumstances when legally obligated to do so, such as in connection with suspected illegal activity concerning our Websites, products or services, or to respond to a subpoena, court order or other legal process, or that we believe may aid a law enforcement investigation. In accordance with applicable law, we reserve the right to release personal data to law enforcement or other government officials, as we, in our sole discretion, deem necessary or appropriate (the information shared may include identifiers, commercial information, financial and transaction data, internet or other similar network activity, professional or employment-related information and non-public education information).
      • Legal processes. We may share all types of personal data with others as required by, or permitted by, applicable law. This may include sharing personal data with governmental entities, or third parties in response to subpoenas, court orders, other legal process, or as we believe is necessary to exercise our legal rights, to defend against legal claims that have been brought against us, to defend against possible legal claims that we determine in our sole discretion might be brought against us, to investigate and help prevent security threats, fraud or other malicious activity and to protect the rights or personal safety of HME employees and third parties (the information shared may include identifiers, commercial information, financial and transaction data, internet or other similar network activity, professional or employment-related information and non-public education information).
      • Other Third Parties. We may share personal data with other third parties that are not described above. When we do so we will either aggregate or de-identify the data so that a third party would not be likely to link data to you, your computer, or your device. Aggregation means that we combine the information of numerous people together so that the data does not relate to any one person. De-identify means that we remove or change certain pieces of information that might be used to link data to a particular person.

  8. Your Rights as a Data Subject

    1. General rights
      • If any of the personal data that we have about you is incorrect, or you wish to have personal data removed from our records, please contact us using the contact details provided above, or log into your account where relevant.
      • Additionally, if you prefer not to receive marketing messages or information about vacant job positions from us, please let us know by clicking on the unsubscribe link within any such message that you receive, or by sending a message to us using the contact details above. You are able to opt out of receiving marketing messages from us, however, you cannot opt out of receiving all e-mails from us, such as e-mails about the status of your account or the status of an order for a product you have placed with us.
    2. European data subject rights

      If you are a resident of the European Union, you may have the following rights in relation to your personal data:

      • Request access to your personal data.
      • Request correction of your personal data.
      • Request erasure of your personal data.
      • Request restriction of processing your personal data.
      • Request transfer of your personal data.
      • Right to object.
      • Right to withdraw consent.
      • Right to complain.

      Exercising your rights

      To exercise the above-mentioned rights, or to raise a question, comment or complaint, send an e-mail with an enclosed copy of the frontside of your identity card, driving license or passport to the Privacy Team at the relevant HME data controller using the contact details above. We reserve the right to request the provision of additional information necessary to confirm the identity of the enquirer.

    3. Privacy rights for residents of California only

      Shine the Light Under California law, a California customer with whom HME has an established relationship has the right to request certain information with respect to the types of personal data that we have shared with third parties for direct marketing purposes and the identities of those third parties during the prior calendar year.

      Exercising your rights

      To exercise your Shine the Light rights, or to raise a question, comment or complaint, send an e-mail with an enclosed copy of the frontside of your identity card, driving license or passport to the Privacy Team at the relevant HME data controller using the contact details above. We reserve the right to request the provision of additional information necessary to confirm the identity of the enquirer.

      California Consumer Privacy Act Rights

      The California Consumer Privacy Act of 2018 ("CCPA") provides "consumers" (California residents) with specific rights regarding their "personal information." This section describes your CCPA rights and explains how to exercise those rights.

      During the previous twelve (12) months, we have collected the categories of personal information listed at Section 3 of this Statement.

      Sale of personal information

      In the preceding twelve (12) months, HME has sold the following categories of personal information:

      • Identifiers;
      • Commercial information;
      • Internet or other similar network activity;
      • Professional or employment-related information;
      • Non-public education information; and
      • Inferences drawn from other personal information.

      Your rights and choices

      As of January 1, 2020, if you are a verified California resident, you have the right to obtain certain information about our collection and use of personal information over the past twelve (12) months, including:

      • The categories of personal information we collect;
      • The categories of sources of personal information we collect;
      • Our business purpose for collecting or sharing that personal information;
      • The categories of third parties with whom we share that personal information;
      • The specific personal information we have collected about you over the past twelve (12) months;
      • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
        • the categories of personal information sold and the category of third party recipients; and
        • list of the categories of personal information that we disclosed for a business purpose.

      You have the right to request that we do not sell personal information about you, and to request that we delete (and direct our service providers to delete) your personal information subject to certain exceptions.

      Personal Information Sales Opt-Out and Opt-In Rights

      If you are sixteen (16) years of age or older, you have the right to direct us to not sell your personal information at any time (the "right to opt-out"). We do not sell the personal information of individuals we actually know are less than sixteen (16) years of age. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following page: Do Not Sell My Personal Information.

      Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales.

      Exercising your rights

      You can exercise any of these rights by contacting us using the contact details set out above or you may submit a request to us by visiting the following page Website Request Page. You may also call us on the following toll free telephone number: 800-978-3514. You may make a request up to twice within a twelve (12) month period.

      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 we 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.

      Response timing and format

      We will endeavor to respond within forty-five (45) days of receipt of your request, but if we require more time (up to an additional forty-five (45) days) we will notify you of the reason and extension period in writing.

      Where you request a copy of your personal information, we will endeavor to provide the information in a format that is readily useable, including by mailing you a paper copy or providing an electronic copy. Any disclosures we provide will only cover the twelve (12) month period preceding the receipt of you verified request.

      We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. We will not discriminate against you as a result of your exercise of any of these rights.

    4. Notice to Nevada Residents

      If you would like to tell us not to sell your information please email us at privacy@hme.com with your name, postal address, telephone number and email address with "Nevada do not sell" in the subject line.

  9. Safety and Confidentiality

    1. HME takes steps to maintain the security of your personal data and to prevent unauthorized access to it through the use of appropriate technology and internal procedures.
    2. If you choose a direct payment gateway to complete your purchase, then PayPal Gateway stores your credit card data. PayPal Gateway is encrypted through the Payment Card Industry Data Security Standard ("PCI-DSS"). All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.