Notice at collection – Hercules Forum

Revised on 14 November 2023

In accordance with the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 and its regulations (“CCPA”), this is to notify you about our collection and use of your personal information when you use our Forum web site.

1. The following table describes the categories of personal information that we collect from you when you use our Forum web site.

Category	Examples	Collected on our website?
Identifiers	Name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver’s license number, passport number or similar identifiers.	Yes.
Information described in the California Customer Records Act	Name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.	Yes.
Protected Classifications	Race; color; national origin; ancestry; religion; age (40 or above); gender; sexual orientation; marital status; disability; medical condition.	No.
Commercial information	Records of personal property, products or services purchased, obtained or considered, or other purchasing or consuming histories.	Yes.
Biometric Information	Hair color, eye color, height, weight, finger prints, retina scans, facial recognition, voice recognition.	No.
Internet or other electronic network activity	IP address, browsing history, search history and other information regarding your interaction with our website.	Yes.
Geolocation Data other than derived from internet or electronic network data.	This includes precise location data derived from GPS coordinates or telemetry data.	Yes.
Audio, electronic, visual, thermal, olfactory information.	Voice recordings, photographs, video recordings.	Yes.
Professional or employment information	Professional degrees held; certifications; past employment.	Yes.
Education Information	Schools attended; certificates or degrees awarded.	No.

2. We may disclose your personal information to third parties that may use such information to build behavioral advertising profiles or direct targeted advertising to you, which are considered to be “sales” under the CCPA. If you do not want us to disclose your personal information to such third parties, please click on the following link: Do not sell my personal information.

3. We value your privacy. The following is a link to our full Privacy Policy: Privacy Policy

4. The purposes for which we use your personal information:

To fulfill or meet the reason you provided us with the information. (For example, if you share your name and contact information to become a member of the Forum, we will use that personal information to manage your registration, to manage our databases, to manage the access rights, to inform you, to contact you in case of breach of our Terms of Use and/or our Specific Terms and conditions.)
To enable the fulfilment service providers to manage the good working of the Web site and forum, to secure the Forum web site, to moderate the forum.
To review your case and provide support.
To publish your contributions (messages, comments, likes, …).
To inform the other users.
To communicate with the users.
To keep you informed of the feedback or replies of the other users.
To keep you informed of new products or services, company updates, and our participation in industry events through vehicles, such as email, newsletters, invitations, and other marketing communication.
To enable interactivity.
To analyze data, including the evaluation of our marketing efforts through programs such as lead and contact generation, and brands and campaigns awareness, the review of the problems encountered by the users.
To enable or avoid litigation, possible litigation or pre-litigation, and to defend us.
To comply with a legal obligation.
To comply with federal, state or local laws or comply with a court order or subpoena to provide information, to comply with a civil, criminal, or regulatory inquiry, investigation, subpoena or summons by federal, state or local authorities.
To cooperate with government agencies, law enforcement agencies, or other authorities.
To provide, support, improve, personalize, and develop our website, the HERCULES products and services, the DJUCED products and services.
To meet a purpose described to you when collecting your personal information.

APPENDIX A: CALIFORNIA PRIVACY RIGHTS

Effective: October 25, 2023

Your California Privacy Rights:

Under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 and certain other privacy and data protection laws, as applicable, residents of California have the right to request that we disclose what personal information we collect, use, disclose, and sell. More specifically, if you are a resident of California you have rights to the following without charge:

Disclosure of Personal Information We Collect About You

You have the right to know the categories of personal information we have collected about you, the categories of sources from which we collect personal information, our business or commercial purpose for collecting or selling personal information, the categories of third parties with whom we share personal information, if any, and the specific pieces of personal information we have collected about you.

We reserve our rights to (i) not retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about consumers is not retained; (ii) not reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; and (iii) not provide personal information to you more than twice in a 12-month period.

Disclosure of Personal Information Sold or Used for a Business Purpose

In connection with personal information we may sell or disclose for a business purpose, if any, you have the right to know the categories of personal information about you that we sold and the categories of third parties to whom we sold the personal information, and the categories of personal information that we disclosed about you for a business purpose.

Deletion of Personal Information

Subject to the exceptions set out below, and upon your submission of a verifiable request, you have the right to deletion of your personal information from our records, and to have us direct our service providers to delete your personal information from their records.

We are not required to, and reserve our right to not delete your personal information if it is necessary to: (i) complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal laws, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us; (ii) Help to ensure security and integrity to the extent the use of your personal information is reasonably necessary and proportionate for those purposes; (iii) debug to identify and repair errors that impair existing intended functionality; (iv) exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; (v) comply with the California Electronic Communications Privacy Act; (vi) engage in public or peer-reviewed scientific, historical, or statistical research that conforms or adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair ability to complete such research, provided we have obtained your informed consent; (vii) enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us and compatible with the context in which you provided the information; (viii) comply with a legal obligation; (ix) comply with federal, state or local laws or comply with a court order or subpoena to provide information; (x) comply with a civil, criminal, or regulatory inquiry, investigation, subpoena or summons by federal, state or local authorities; (xi) cooperate with law enforcement agencies concerning conduct or activity that we, a service provider or third party reasonably and in good faith believes may violate federal, state or local laws; (xii) cooperate with a government agency request for emergency access to your personal information if a natural person is at risk or danger of death or serious physical injury; (xiii) exercise or defend legal claims.

Without limiting the foregoing, we will maintain a record of your request.

Freedom from Discrimination

You have the right to not be discriminated against by us because you exercised any of your rights under the California Consumer Privacy Act. This means we cannot, on the basis of the exercise of your rights thereunder, among other things, deny goods or services to you, charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; provide a different level or quality of goods or services to you; or suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

How to Exercise Your Rights

Unless otherwise specified, to exercise any of your rights described in this Appendix A, please or submit your request to us at our toll-free telephone number (866) 889-5036 or at https://support.hercules.com/en/contact-en/ with the Title “California CCPA Consumer Request” and the Category Support “Personal data”.

In order to verify your request, you will need to provide us with enough information to identify you (e.g., your full name, address, and customer or matter reference number), proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill), and a description of what right you wish to exercise along with any information to which your requests relates.

You may also designate an authorized agent to make a request under the California Consumer Privacy Act on your behalf. In order to fulfill your request to know or delete submitted by an authorized agent, you must provide the authorized agent written permission to do so, and we may require you verify your own identity with us directly.

We reserve our right not to grant a consumer request if we cannot verify that the person making the request is the person about whom we have collected information, or someone authorized to act on such person’s behalf. You may only make a request to access or receive copies of personal information twice within a 12-month period. Any personal information we collect from you to verify your identity in connection with your request will be used solely for the purposes of verification.

Your Right to Opt-Out of the Sale of Personal Information

We may share your personal information to Data analytics Providers that in addition to providing services to us will also use such information for their own purposes such as building consumer profiles for targeted behavioral advertising. Under the CCPA, such sharing is considered to be a “sale.”

You have the right to opt-out of the sale of your personal information. You may exercise your right to opt-out by clicking on the Do not sell my personal information link which also appears in the footer of our webpages. If you exercise your right to opt-out of the sale of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information.

Children’s Right to Opt-In to the Sale of Personal Information

We do not knowingly provide our services to or collect personal information from consumers who are not adults. On the contrary, each person who creates an account on our websites must represent and warrant having reached the age of legal majority.

Our Collection and Disclosure of Personal Information

Sources from Which We Receive Personal Information

We receive personal information from the following categories of sources:

•          You.
•          Service Providers
•          Data Analytics Providers.
•          Social Networks.

Third Parties with Whom We Share Personal Information

We share personal information with the following categories of third parties:

•          our affiliated companies (hereinafter “Guillemot Companies”)
•          The other users of the forum
•          Data Analytics Providers
•          Service Providers
•          Authorities -not disclosed however for a business purpose-.

The following are Categories of Personal Information Collected, Disclosed, and Sold within the past 12 months or which we intend to collect, disclose or sell in the next 12 months.

Category of Personal Information	Information Collected	Sources	Business or commercial purposes	Sold in the Past 12 Months or Intent to Sell in Next 12 Months?	Categories of Third Parties to Whom Sold or Intend to Sell	Disclosed for a Business Purpose in Past 12 Months or Intent to Disclose for a Business Purpose in Next 12 Months?	Categories of Third Parties to Whom Disclosed for a Business Purpose
Individual Identifiers	First names, Last names, Email addresses, Usernames, passwords, Covers, Display names, statuses, Types of flagger, Contents of flags, ‘About me’ texts, Website addresses, ‘Signature’ texts, Social networks, Locations, Timezones, Update dates, Registration dates, Activation dates, Subscription dates, Unsubscription dates, Last visit dates.	You, Social Networks	Management of forums; management of user accesses; management of customers and prospects; processing requests and complaints; for litigation, possible litigation or pre-litigation; and management of sending information (newsletters).	No	None	Yes	Guillemot Companies, Service Providers,
Information* that identifies, relates to, describes, or is capable of being associated with, a particular individual as described in the California Customer Records Act. * disclosed to forum users	Usernames, Display names, Forum posts, timestamps of the Forum posts.	You	Management of forums, processing requests and complaints, and for litigation, possible litigation or pre-litigation.	No	None	Yes	Guillemot Companies, any users of the forum
Characteristics of protected classifications under California or federal law.	None	None	None	No	None	No	None
Commercial information.	Guillemot or related products owned, Forum searches, Forum posts (discussions, questions, answers, question comments, attachments thereto, links therein, topic, …), Bookmarks, Followers, Following, Likes, Dislikes, Received likes, Received dislikes, Subscriptions, Choices, Numbers of Followers, Numbers of Following, Numbers of Forum posts, Numbers of Topics, Numbers of Discussions, Numbers of Answers, Numbers of Question Comments, Numbers of Liked, Numbers of Received Likes, Numbers of Received Dislikes, Ratings, Numbers of connections, numbers of views, Date on which a public profile was last seen, statistics	You, Data Analytics Providers	Management of forums, management of customers and prospects, for processing requests and complaints, and for litigation, possible litigation or pre-litigation.	No	None	Yes	Guillemot Companies, Service Providers, Data Analytics Providers
Biometric information.	None	None	None	No	None	No	None
Internet or other electronic network activity.	Connection logs, IP addresses, Names of Internet Service Provider (I.S.P.), timestamps, connection locations, categories of terminal (computer, telephone, etc.), operating systems (O.S.), navigation languages and Internet browsers, `is_email_confirmed` data, User IDs, Group IDs, Secondary group IDs	You, Service providers, Data Analytics Providers,	Management of forums, Management of user accesses, technical management of Web sites and servers, and for litigation, possible litigation or pre-litigation.	No	None	Yes	Guillemot Companies, Service Providers, Data Analytics Providers
Geolocation data. (not precise geolocation data)	IP addresses	You, Service providers	Management of user accesses, and for litigation, possible litigation or pre-litigation	No	None	Yes	Guillemot Companies, Service Providers
Audio, electronic, visual, thermal, olfactory, or similar information.	Avatars, photos	You	Management of forums, for processing requests and complaints, and for litigation, possible litigation or pre-litigation.	No	None	Yes	Guillemot Companies
Professional or employment-related information.	Occupations	You	Management of forums, for processing requests and complaints, and for litigation, possible litigation or pre-litigation.	No	None	Yes	Guillemot Companies, Service Providers
Education information.	None	None	None	No	None	No	None
Inferences drawn from any of the information identified above.	None	None	None	No	None	No	None

The above chart does not include information collected where your communications or transactions with us occur solely in the context of providing or receiving a product or service to or from a company, partnership, sole proprietorship, nonprofit, or government agency on whose behalf you are acting.

Individual consumers who reside in California and have provided us with their personal information may request information about our disclosures of certain categories of personal information to third parties for their direct marketing purposes. Such requests must include your name, street address, city, state, and zip code, and be submitted to us at one of the following addresses: https://support.hercules.com/en/contact-en/ with the Title “California Shine The Light Request” and the Category Support “Personal data”, or Guillemot Corporation S.A. 2 RUE DU CHENE HELEUC, 56910 CARENTOIR, FRANCE, Attention: Legal Department. Within thirty days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted to addresses other than the addresses specified in this paragraph.

If you are a California resident under the age of 18, and a registered user of the website where this notice is posted, you are in material breach of our Terms of Use (because each person who creates an account on our website must represent and warrant having reached the age of legal majority). California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information that you have publicly posted. To make such a request, please contact us with a detailed description of the specific content or information via the contact form at https://support.hercules.com/en/contact-en/ with the Title “Privacy Rights for Minors” and the Category Support “Personal data”. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

APPENDIX B: COLORADO PRIVACY RIGHTS NOTICE

Effective Date: October 26, 2023

Under the Colorado Privacy Act, residents of Colorado may have certain rights with respect to the “personal data” that we collect on this website.

1. The categories of personal data that we collect and the categories of third parties with whom we share personal data are described in the chart in the above California Privacy Rights Notice.

2. You may access, correct, or delete the personal data (concerning you) we collect or process on this website by contacting us via the contact form at https://support.hercules.com/en/contact-en/ with the Title “Colorado personal data right request” and the Category Support “Personal data”. Upon verification of the authenticity of your request and your identity using commercially reasonable means, we shall process your personal data right request.

3. Any material changes to this notice shall be posted in this Appendix to this Notice at collection.

4. When you use our website, we may share personal data about your online activities over time and across different internet sites or online services with third parties.

5. We do not proceed with any “Sale” of personal data (as defined by the Colorado Privacy Act), and we neither use “Targeted advertising” nor “Profiling”; accordingly, the corresponding “opt out” right is not applicable.

APPENDIX C: CONNECTICUT PRIVACY RIGHTS NOTICE

Effective Date: October 26, 2023

Under the Connecticut Act Concerning Personal Data Privacy and Online Monitoring, residents of Connecticut may have certain rights with respect to the “personal data” that we collect on this website.

1. The categories of personal data that we collect and the categories of third parties with whom we share personal data are described in the chart in the above California Privacy Rights Notice.

2. You may access, correct, or delete the personal data (concerning you) we collect or process on this website by contacting us via the contact form at https://support.hercules.com/en/contact-en/ with the Title “Connecticut personal data right request” and the Category Support “Personal data”. Upon verification of the authenticity of your request and your identity using commercially reasonable means, we shall process your personal data right request. In case, following your request, our decision does not satisfy you, you may appeal our decision as indicated in our decision.

3. Any material changes to this notice shall be posted in this Appendix to this Notice at collection.

4. When you use our website, we may share personal data about your online activities over time and across different internet sites or online services with third parties.

5. We do not proceed with any “Sale of personal data” (as defined by the Connecticut Act Concerning Personal Data Privacy and Online Monitoring), and we neither use “Targeted advertising” nor “Profiling”; accordingly, the corresponding “opt out” right is not applicable.

APPENDIX D: FLORIDA PRIVACY RIGHTS NOTICE

Effective Date: October 26, 2023

To date, the Florida privacy legislation (Bill 969) is not applicable to the “personal data” that we collect on this website (the requirements are not all met).

APPENDIX E: NEVADA PRIVACY RIGHTS NOTICE

Effective Date: October 26, 2023

Under Nevada Revised Statutes Section 603A., et. seq. (the “Nevada Privacy Notice Law”), residents of Nevada may have certain rights with respect to the “covered information” (namely, first and last name, home or other physical address, electronic mail address, telephone number, social security number, an identifier and another other information concerning a person and maintained by us in combination with an identifier that makes the information personally identifiable) that we collect on this website.

1. The categories of personal information that we collect and the categories of third parties with whom we share personal information are described in the chart in the above California Privacy Rights Notice.

2. You may review and request changes to the “covered information” we collect or process on this website by contacting us via the contact form at https://support.hercules.com/en/contact-en/ with the Title “Nevada request change to collected information” and the Category Support “Personal data”.

3. Any material changes to this notice shall be posted in this Appendix to this Notice at collection.

4. When you use our website, we may share personal information about your online activities over time and across different internet sites or online services with third parties.

5. We do not proceed with any “Sale” (as defined by the Nevada Privacy Notice Law) of your “covered information”; accordingly, you may not make a request to us to refrain from “selling” your “covered information”.

APPENDIX F: TEXAS PRIVACY RIGHTS NOTICE

Effective Date: October 26, 2023

Under the Texas Data Privacy and Security Act, residents of Texas may have certain rights with respect to the “personal data” that we collect on this website.

1. The categories of personal data that we collect and the categories of third parties with whom we share personal data are described in the chart in the above California Privacy Rights Notice.

2. You may access, correct, or delete the personal data (concerning you) we collect or process on this website by contacting us via the contact form at https://support.hercules.com/en/contact-en/ with the Title “Texas personal data right request” and the Category Support “Personal data”. Upon verification of the authenticity of your request and your identity using commercially reasonable means, we shall process your personal data right request. In case, following your request, our decision does not satisfy you, you may appeal our decision as indicated in our decision.

3. Any material changes to this notice shall be posted in this Appendix to this Notice at collection.

4. When you use our website, we may share personal data about your online activities over time and across different internet sites or online services with third parties.

5. We do not proceed with any “Sale of personal data” (as defined by the Texas Data Privacy and Security Act), and we neither use “targeted advertising” nor “profiling in furtherance of a decision that produces a legal or similarly significant effect concerning the consumer”; accordingly, the corresponding “opt out” right is not applicable.

APPENDIX G: UTAH PRIVACY RIGHTS NOTICE

Effective Date: October 26, 2023

To date, the Utah Consumer Privacy Act is not applicable to the “personal data” that we collect on this website. However, we inform you that:

1. The categories of personal data that we collect and the categories of third parties with whom we share personal data are described in the chart in the above California Privacy Rights Notice.

2. You may access, correct, or delete the personal data (concerning you) we collect or process on this website by contacting us via the contact form at https://support.hercules.com/en/contact-en/ with the Title “Utah personal data right request” and the Category Support “Personal data”. Upon verification of the authenticity of your request and your identity using commercially reasonable means, we shall process your personal data right request. In case, following your request, our decision does not satisfy you, you may appeal our decision as indicated in our decision.

3. Any material changes to this notice shall be posted in this Appendix to this Notice at collection.

4. When you use our website, we may share personal data about your online activities over time and across different internet sites or online services with third parties.

5. We do not proceed with any “Sale” (as defined by the Utah Consumer Privacy Act) of “personal data” and we do not use “targeted advertising”.

APPENDIX H: VIRGINIA PRIVACY RIGHTS NOTICE

Effective Date: October 26, 2023

Under the Consumer Data Protection Act, residents of Commonwealth may have certain rights with respect to the “personal data” that we collect on this website.

1. The categories of personal data that we collect and the categories of third parties with whom we share personal data are described in the chart in the above California Privacy Rights Notice.

2. You may access, correct, or delete the personal data (concerning you) we collect or process on this website by contacting us via the contact form at https://support.hercules.com/en/contact-en/ with the Title “Virginia personal data right request” and the Category Support “Personal data”. Upon verification of the authenticity of your request and your identity using commercially reasonable means, we shall process your personal data right request. In case, following your request, our decision does not satisfy you, you may appeal our decision as indicated in our decision.

3. Any material changes to this notice shall be posted in this Appendix to this Notice at collection.

4. When you use our website, we may share personal data about your online activities over time and across different internet sites or online services with third parties.

5. We do not proceed with any “Sale of personal data” (as defined by the Consumer Data Protection Act), and we neither use “Targeted advertising” nor “Profiling” in furtherance of decisions that produce legal or similarly significant effects concerning the consumer; accordingly, the corresponding “opt out” right is not applicable.