Data Collection Notice

Effective August 12, 2020

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• Brazil Residents
• California Residents
• Nevada Residents

BRAZIL Lei Geral de Proteção de Dados

Purpose and General Principles

In accordance with Lei Geral de Proteção de Dados (“LGPD”), controllers of certain personal information have a duty to provide users located in Brazil with specific information and disclosures concerning how Helios handles personal data and their data rights.

This PRIVACY NOTICE FOR BRAZIL RESIDENTS supplements the information contained in the Privacy Statement of Helios Technologies, Inc. and its subsidiaries and applies solely to visitors, users, and others who reside in Brazil (“Brazil data subjects”). We adopt this notice to comply with LGPD. Any terms defined in the LGPD have the same meaning when used in this notice.

Rights Afforded Under LGPD

Controllers of certain personal information have a duty to provide users located in Brazil with access to specific information and disclosures concerning how personal data and data rights may be applicable. This section describes LGPD provides Brazilian data subjects with specific rights regarding their personal information:

• A right to the specific purpose, type, and duration of the processing, along with industrial secrecy;
• A right to accuracy, clarity, relevancy and updating of the data, in accordance with the need and for achieving the purpose of the processing;
• A right to the use of technical and administrative measures which are able to protect personal data from unauthorized accesses and accidental or unlawful situations of destruction, loss, alteration, communication or dissemination;
• A right to confirmation of the existence of the processing;
• A right to free access to the data;
• A right to nondiscrimination;
• A right to information regarding the shared use of data by the controller along with the purpose, including ported data, along with observation of legal rights within by LGPD are observed by third parties;
• A right to facilitated and free of charge consultation about the form and duration of the processing, as well as about the integrity of their personal data;
• A right to correction of incomplete, inaccurate, or out-of-date data;
• A right to anonymization, blocking or deletion of unnecessary or excessive data or data processed in noncompliance of this law;
• A right to portability of the data to another service provider or product provider;
• A right to deletion of personal data, with consent of the data subject; and
• A right to information about the possibility of denying consent and the consequences of such actions.
• A right to revocation of consent:
  • before the national authority,
  • carried out based on one of the situations of waiver of consent, if there is noncompliance with the provisions of the LGPD,
  • as an express request by the data subject or their legally constituted representative to the processing agent, or
  • if it is impossible to immediately adopt the measure, the controller shall send a reply to the data subject in which they may:
    • communicate that they are not the data processing agent and indicate, whenever possible, who the agent is; or
    • indicate the reasons of fact or of law that prevent the immediate adoption of the measure.

Processing of Children’s Data

The processing of children’s personal data shall be performed with specific and highlighted consent given by at least one of the parents or the legal representative.

California Consumer Privacy Act

Purpose and General Principles

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Statement of Enovation Controls, LLC and its subsidiaries and applies solely to visitors, users, and others who reside in the State of California (“California consumers”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined in the CCPA have the same meaning when used in this notice.

We may choose to use, collect, or disclose the personal information for one or more of the following business purposes:

• To provide consumers with information, products or services that they may request from us.

• To provide consumers with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to them.

• To improve our website and present its contents to an audience which may include California consumers.

• To carry out obligations and enforce rights arising from any contracts entered into between consumers and us, including for billing and collections.

• For testing, research, analysis and product development.

• As necessary or appropriate to protect the rights, property or safety of us, our clients or others.

• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

• As described to consumers when collecting personal information or as events otherwise set forth in the CCPA.

• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concerning or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

Collection of Personal Information

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information” or “personal data”). In particular, the following categories of personal information are collected from consumers within the last twelve (12) months found in the What Kind of Information does Enovation Controls Collect section of this Privacy Policy.

Personal information does not include: (1) publicly available information from government records; (2) de-identified or aggregated consumer information; (3) information excluded from the CCPA’s scope, like health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Billey Act (GLBA) or the California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from our clients or their agents;
• Directly and indirectly from activity on our website; or
• From third-parties that interact with us in connection with the services we perform.

We may disclose personal data to a third party for a business purpose [which may include the disclosure or sale of California consumers’ personal information]; subject to the right to opt-out of those sales (see Opt-Out rights). Should we disclose personal information for a business purpose, we may enter a contract that describes the purpose and requires the recipient, or both keep that personal information confidential and not use it for any purpose except performing the contract.

We will not collect or sell additional categories of personal information materially different, unrelated, or incompatible with purposes other than stated herein without providing California consumers notice.

Disclosure or Sale of Personal Information

In the preceding twelve (12) months, Enovation has not disclosed or sold any personal information and will not do so. Enovation also does not sell personal information of minors under 16 years of age without affirmative authorization.

Notice of Financial Incentive

The purpose of this notice of financial incentive is to explain to consumers of the financial incentive or price or service difference a business may offer in exchange for the retention or sale of a consumer’s personal information. Merchants or service providers may offer discounts, offers, rebates, or other pricing to individual clients which may incorporate personal data. Offers may be individualized to each consumer or a group of consumers based on one or more factors. Financial incentives or price or service differences are permitted under the CCPA, provided that they do not invoke or influence behavior contrary to the goals of the CCPA.

Rights Afforded Under the CCPA

The CCPA provides California consumers with specific rights regarding their personal information. Controllers of certain personal information have a duty to provide users located in California with access to specific information and disclosures concerning how personal data and data rights may be applicable. This section describes CCPA rights and explains how to exercise them:

• Right to Know – A right to be informed of the categories of personal information that a business collects or otherwise receives, uses, sells or discloses about an individual consumer. Also includes the right to be informed of the purposes of these activities and the categories of parties to which their personal information is disclosed.
• Right to Opt-Out – A right to prohibit the sale of personal data to third parties.
• Right to Be Forgotten – A right to request the deletion of personal consumer information.
• Right to Withdraw- A right to request that a business remove the consumer from a financial incentive program involving their personal data. Conversely, a consumer may opt-in to a financial incentive or price or service difference.
• Right to Non-Discrimination- A right from withholding or penalizing for the exercise or intent to exercise any CCPA rights:
  • Denial of goods or services.
  • Charge different price or rates for goods or services, including granting discounts or other benefits, or imposing penalties.
  • Provide a different level or quality of goods or services than customers who choose to provide consumer data.
  • Suggest, influence, or otherwise impact consumer choices regarding receipt of a different price or rate for goods or services or a different level or quality of goods or services exclusively upon the provision of data or exercise of rights enumerated under the CCPA.

1. Access to Specific Information and Data Portability
California consumers have the right to request the disclosure of personal information about collection and its use over the past 12 months. Consumer requests are limited to twice within a 12-month period. Once a verifiable consumer request is received and confirmed, we will send:

• The categories of personal information collected.

• The categories of sources for the personal information collected.

• The business or commercial purpose(s) for collecting or selling personal information.

• The categories of third parties with whom personal information is shared, if any.

• The specific pieces of personal information collected.

• If personal information was sold or disclosed for a business purpose, two separate lists disclosing:
  • Sales, identifying the personal information categories that each category of recipient purchased; and
  • Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

2. Deletion Requests
California consumers have the right to request deletion any personal information collected from them and retained, subject to certain exceptions. Once a verifiable consumer request is received and confirmed, personal information will be disposed of.

3. Exercising Access, Data Portability, and Deletion Rights
Only a California consumer (“requestor”) or their authorized agent may make a verifiable consumer request related to personal information. California consumers may also make a verifiable consumer request on behalf of their minor child. The verifiable consumer request must:

• Describe the request with sufficient detail that allows the proper understanding, evaluation, and response.

• Provide sufficient information that allows the reasonably verification of the identity of the requestor, the relevance of the request and the permission for an authorized representative to act on a requestor’s behalf.

• Provide adequate time and information to verify the request.

Making a verifiable consumer request does not require the creation of an account. Personal information provided in a verifiable consumer request will only be used to verify the requestor’s identity or authority to make the request. Enovation reserves the right to request verification of any party claiming to be a California consumer.

We cannot respond to requests or provide personal information in the attempt to fulfill such requests if the data provided which may relate to the requestor cannot be used to confirm identity or authority.

4. Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If more time is required (up to 90 days), requestors will be informed of the extension period and the reason.

Any disclosures provided will only cover the preceding 12-month upon receipt of a request; we will deliver an individualized response. If applicable, the response provided will also explain the reasons we cannot comply with a request.

For data portability requests, a format to provide personal information that is readily useable and should allow transmission of the information from one entity to another shall be provided by the requestor.

We do not charge a fee to process or respond to a verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If it is determined that the request warrants a fee, an estimate will be communicated.

Deletion or other requests may also be denied for ownership or authority reasons, or if retaining the information is necessary to:

1. Complete the transaction or which we collected the personal information, provide a good or service requested, take actions reasonably anticipated within the context of an ongoing business relationship, or otherwise perform a contract.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products or identify and repair errors that impair existing intended functionality.
4. Exercise free speech ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Otherwise comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if a California consumer previously provided informed consent.
7. Enable solely internal uses that are reasonable aligned with consumer expectations based on relationship with a consumer.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which a California consumer provided it

California consumers may exercise their data rights by contacting us at the contact information found in the How to Contact the Data Privacy Officer section of this Privacy Policy.

Authorized Agents

Eligible California consumers may utilize an Authorized Agent to exercise opt-out rights afforded under the CCPA. To utilize such a service, the agent must provide all information necessary required for requests pertaining to personal data, as well as confirmation of the claim of authority to such rights with the consumer’s authorization to collect and release information pertaining to consumer data. We may, at our discretion, request further verification for either instance upon the presentation of data provided by a third party claiming to be an authorized agent of a California consumer.

Alternative Formats

We are happy to accommodate requestors needing assistance with an alternative format. Please contact us via the Data Privacy Officer by phone or mail for service via the following alternative formats:

• Braille or Large Print – copies may be provided to you via mail.
• Audio – your rights may be provided to you at the Data Privacy Number in the How to Contact Us section of our Privacy Policy
• Electronic Text (e-Text)

CCPA Compliance Requests
8010 25th Ct East, Suite 101
Sarasota, FL 34243

Note: All documents may not be available in each alternative format

Assistive Technologies

We also recommend the following device and assistive technology combinations for the best user experience:

Mobile devices:

• Android: TalkBack
• Apple: VoiceOver (iPhone and iPad)

Desktop:

• JAWS: Firefox
• NVDA: Firefox or Chrome
• macOS: VoiceOver with Safari

Nevada Privacy of Information Collected on the Internet from Consumers

Purpose and General Principles

This PRIVACY NOTICE FOR NEVADA RESIDENTS supplements the information contained in the Privacy Statement of Enovation Controls, Inc. and its subsidiaries and applies to those who reside in the State of Nevada (“Nevada consumers”). We adopt this notice to comply with the Nevada Privacy of Information Collected on the Internet from Consumers Act of 2017’s amendment Nevada Senate Bill 220 (“SB220”). Any terms defined in SB220 have the same meaning when used in this notice.

The Act, as amended by Nevada Senate Bill 220, applies to “Operators,” which are defined as persons who own or operate websites or online services for commercial purposes that (1) collect and maintain “Covered Information,”which includes common examples of personally identifiable information, and (2) purposefully directs its activities toward Nevada, consummates a transaction with Nevada or a Nevada resident, purposefully avails itself of the privilege of conducting activities in Nevada, or otherwise engages in activities that establish a sufficient nexus with the state of Nevada whose activities include the collection, disclosure, license or sale of covered information.

We may disclose personal data to a third party for a business purpose [which may include the disclosure or sale of Nevada consumers’ personal information]; subject to the right to opt-out of those sales. Should we disclose personal information for a business purpose, we may enter a contract that describes the purpose and requires the recipient, or both keep that personal information confidential and not use it for any purpose except performing the contract.

We will not collect or sell additional categories of personal information or materially different, unrelated, or incompatible purposes without providing Nevada consumers notice.

Personal Data Collection Notice

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). The categories of personal information which are collected from consumers are found in the What Kind of Information Does Enovation Controls Collect? Section of this Privacy Policy.

Exercising Opt-Out Rights

Nevada consumers have the right to request opt-out from the sale of any covered personal information, subject to certain exceptions. Making a request does not require the creation of an account. We cannot respond to requests if we cannot verify identity or authority to make the request and confirm the personal information which relates to the requestor. Personal information provided in a consumer request to will only be used to verify the requestor’s identity or authority to make the request. Enovation reserves the right to request verification of any party claiming to be a Nevada consumer.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 60 days of its receipt. We may require more time (up to 30 additional days). If applicable, the response we provide will also explain the reasons we cannot comply with a request. If it is determined that the request warrants a fee, an estimate will be communicated. We reserve the right to limit the reporting period.

Deletion or other requests may be denied for ownership or authority reasons, or if if retaining the information is necessary to:

Nevada consumers may exercise their data rights by contacting us via telephone or in writing at the contact information indicated below.

Contact Information

If California or Nevada consumers have any questions or comments about this notice, our Privacy Policy, the ways in which we collect and use personal information, choices and rights regarding such use, or wish to exercise rights under California or Nevada law, as applicable, please do not hesitate to contact us via the channels found under How To Contact the Data Privacy Officer in our Privacy Policy. Please mark mail to the attention of Privacy Act Requests.

1. Complete the transaction or which we collected the personal information, provide a good or service requested, take actions reasonably anticipated within the context of an ongoing business relationship, or otherwise perform a contract.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products or identify and repair errors that impair existing intended functionality.
4. Exercise free speech ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Otherwise comply with Nevada law.
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if a Nevada consumer previously provided informed consent.
7. Enable solely internal uses that are reasonable aligned with consumer expectations based on relationship with a consumer.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which a Nevada consumer provided it.