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Privacy Notice for Vertiv Incentive Program

Effective date: April 07, 2022

Introduction

As a member in good standing in the Vertiv Partner Program, certain resellers (the “Resellers”) may be eligible to participate in incentive programs (the “Vertiv Incentive Program” or “VIP”) including but not limited to, start bonus, every day, cross-sell, purchase frequency incentives, promotions or other incentives that may be defined from time to time (the “Incentive” or collectively “Incentives”).

This Notice describes how Vertiv may collect, use, and share your Personal Information and what privacy choices we may offer you when you are eligible and chose to participate in the VIP.

We may update this Notice from time to time. Please check the “Effective Date” at the top of this page to see when this Notice was last revised. Unless otherwise noted, any changes we make to this Notice will become effective immediately once posted on this page. Unless stated otherwise, our current Notice applies to all information that we have about you and your account.

Collection of Personal Information

Through your participation in the VIP, we may collect Personal Information from you, including without limitation:

• Identifiers, including your first and last name, email, username, phone number, company, and home address, (“Contact Information”).

• Credit card number, billing address, shipping address, security code and other payment transaction and verification details (“Payment Information”).

• Professional or employment-related information, including your company, job title, and employment status.

• Commercial information, including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

• Pages and products viewed, items added to your shopping cart, ads that you clicked on, emails from us that you opened, browser type, operating system ("OS"), Internet Protocol ("IP") address and device information, including date and time (please refer to our cookie Notice for further details). We may also collect non-precise IP-based geolocation information about the approximate physical location of your computer or device, derived from the IP address of such computer or device; if you are in the United States, we will collect your zip code, and if you are outside of the United States, we will collect your country. (Collectively, “Analytical Information”).

• Publicly available information about you from third-party sources, such as the postal service for shipping address verification.

• Mobile OS, a mobile device identifier embedded by us, or other commonly used mobile device identifiers.

• Your Personal Information may be collected from the use of technologies such as electronic communication protocols, cookies, embedded URLs or pixels, or widgets, buttons, and tools.

We will apply the terms of our Notice to any Personal Information received from a third party unless we have disclosed to you otherwise. Vertiv is not responsible for these third parties' dissemination of your Personal Information.

Purpose and Use of Personal Information

Your Personal Information may be processed for the following purposes:

a) Compliance: to fulfil obligations provided by law and regulations.

b) Vertiv Incentive Program: to manage your participation in VIP and to create an online account for you.

c) Customer services: to provide you with a response to your questions (e.g., concerning products, services, or warranties) and to inform you about contests, surveys, and sweepstakes; to arrange a meeting with a Vertiv expert; to provide you with e-books, whitepapers, reports, and other documents regarding our business, products, and services; and to enable you to attend events (internal and external) and webinars

d) Marketing: to send marketing communications (e.g., newsletters on latest trends and technologies, and news regarding our business, events, new products and services, and updates/news on existing products and services); to conduct market research; and to objectively rank one sales lead against another by using lead scoring to evaluate criteria such as job title, industry, and engagement with Vertiv marketing activities and website. Vertiv’s lead scoring is used exclusively to decide whether the sales department will make sales calls and/or conduct sales activities in relationship to you. No decisions are made with any legal effects, or that significantly affect you. Vertiv’s lead scoring does not analyze or predict aspects concerning your performance at work, economic situation, health, personal preferences, or interests (except for Vertiv product interest), reliability or behavior, or movements. Location is considered for internal Vertiv territory assignment. Vertiv does not consider gender, race, religion, or sexual orientation as part of its lead scoring process.

The legal bases for processing Personal Information are the following:

(a): Legal Obligation.

(b) and (c): To enter into a contract with you to provide customer services as a user or, at your request, to take pre-contractual measures

(c): Your consent.

Nature of providing the requested data

Providing your Personal Information is required for the purposes under points (a), (b) and (c). Consequently, refusal to provide the requested Personal Information or its inaccuracy may prevent Vertiv from providing you with an account registration and participation in the VIP.

Providing your personal data for marketing under point (d) is optional; however, refusal to provide the data for this purpose may prevent Vertiv from providing you additional or tailored information on products/services. You may revoke your consent at any time.

Methods and place of processing and place of storage of personal data

Your personal data will be processed in accordance with the principles of correctness, lawfulness, and transparency.

Rest assured that we maintain appropriate security, technical, and organizational measures that ensure a level of security appropriate to the risk of unauthorized access to, and accidental or unlawful destruction, loss, alteration, and unauthorized disclosure of, personal data transmitted, stored, or otherwise processed. We ensure that our affiliates third-party service providers who access or handle personal data on our behalf maintain the same safeguards.

Your personal data will be processed manually or electronically using automated tools that ensure the security and confidentiality of the data.

Your processed data are stored at our registered office or at the office of any external providers we entrust to store personal data. If you wish to know the list of our external providers, please contact us.

We will process only personal data necessary for the above purposes. The people authorized to process personal data will immediately delete or make anonymous personal data unnecessary for the above purposes.

If we have given you, or you have chosen, a password to access certain areas of our website, you are responsible for keeping the password confidential: you should not share your password with anyone.

Retention of Personal Information

Vertiv will retain your Personal Information for the period necessary for:

• Your participation in the VIP.
• Comply with our legal obligations.
• Resolve disputes.
• Enforce agreements.

Also, your Personal Information will be kept by us:

• For contractual purposes: for the entire duration of your subscription on this website and, following the withdrawal of your registration, for the period of 24 months, unless it is necessary for the purposes of (i) establishment, exercise, or defense of legal claims and keeping accounting records of Vertiv and the companies of the Vertiv group, and (ii) fulfilment of legal obligations applicable to Vertiv and the companies of the Vertiv group. Please bear in mind that the statute of limitations and other applicable regulations may vary for each jurisdiction: for further information you can contact us using the contact details provided under the heading below “Contact Us".

• for sending newsletters, advertising material, and other communications on new products/services and updates/news on existing products/services, and for carrying out surveys, including on customer satisfaction: for 24 months from their collection, unless it is necessary under, or permitted by, applicable laws to keep them longer.

After the retention period, Vertiv will delete or anonymize your Personal Information. If this is not possible, then Vertiv will securely store your Personal Information and isolate it from any further processing until deletion is possible.

Personal Information Transfer to Affiliates and Third Parties

We may share your Personal Information with companies, organizations and individuals as described below.

Affiliates and Third Parties. We may share your Personal Information with Vertiv’s subsidiaries, affiliates, and other companies worldwide, including our unaffiliated dealers, manufacturers, and suppliers for these companies to contact you about their products, services or other offerings that may be of interest to you. By accessing our websites, registering for an account or service with us, or otherwise providing us with your Personal Information, be aware that Vertiv might transfer your Personal Information worldwide as provided in this Notice. In such cases, Vertiv will take appropriate measures to ensure that safeguards are in place to ensure data protection. To choose to opt out of such disclosures, you can contact us using the contact details provided under the heading below “Contact Us”. This Notice does not govern unaffiliated third-party websites or any other website that does not link to this Notice.

Service Providers. We may share your Personal Information with affiliated and unaffiliated companies that perform tasks on our behalf related to our business. Such tasks include processing payments, fulfilling orders, delivering packages, locational services, analyzing website or mobile application usage data, customer service, electronic and postal mail service, contests/surveys/sweepstakes administration, marketing services, social commerce, and media services (e.g., Facebook, ratings, reviews, forums), and calculating, managing, and reporting sales tax. Third-party service providers receive your Personal Information as necessary to perform their role, and we instruct them not to use your Personal Information for any other purposes.

Professionals, law firms and notaries. Your data may be shared with professionals, law firms, and notaries for auditing and due diligence activities. The above entities/individuals will act as autonomous data controllers or data processors.

As Required or Appropriate by Law. We will use and disclose your Personal Information as necessary or appropriate, including without limitation:

• Under applicable law, including laws outside your country of residence, to comply with legal processes and to respond to requests from public and government authorities, including public and government authorities outside your country of residence.

• To enforce our terms and conditions, including investigations of potential violations thereof.

• To detect, prevent or otherwise address fraud, security, or technical issues.

• To protect our operations or those of any of our affiliates; to protect our rights, privacy, safety, or property, and/or that of our affiliates, you or others; and to allow us to pursue available remedies or limit the damages that we may sustain.

Business Transfers. As we continue to develop our business, we might sell or buy brands, stores, subsidiaries, or business units. We may share and/or transfer your Personal Information with a third-party in such transactions (including without limitation, any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, brands, affiliates, subsidiaries, or other assets). Customer information may be a transferred business asset in such a transaction.

Based on Your Consent. We may share or disclose your Personal Information with your consent.

Anonymization. We may share aggregated data that has been anonymized (so that you are not identified) with third parties – like publishers, advertisers or connected websites – and may make this data publicly available. For example, we may share information publicly to show trends about the general use of our services or products.

Public Forums. We are the author and/or administrator of publicly accessible blogs, message boards, or community forums displayed in our websites. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. You may request removal of your Personal Information from our blog, message board, or community forum, you can contact us using the contact details provided under the heading below “Contact Us”.

Cross-border transfer. Please consider that your Personal Information may be transferred to other companies of the Vertiv, or third parties located outside of your country and/or region. In such cases, Vertiv will take appropriate measures to ensure that safeguards are in place to ensure data protection. A copy of the appropriate safeguards is available at Vertiv’s headquarters and on by contacting us using the contact details provided under the heading below “Contact Us”.

EU-based individual. If you are an EU-based individual, please consider that your Personal Information may be transferred to other companies of the Vertiv group, or third parties located outside the European Economic Area (EEA). In such cases, Vertiv will take appropriate measures to ensure that safeguards are in place by verifying that (i) Binding Corporate Rules approved by the supervisory authority are in place, (ii) Standard Contractual Clauses approved by the European Commission are entered into with the third-party and, if required, supplementary measures to ensure that the law of those countries to which the data is transferred does not impinge on the adequate level of protection the EEA guarantees or (iii) other lawful data transfer mechanism. A copy of the appropriate safeguards is available at Vertiv’s headquarters and on by contacting us using the contact details provided under the heading below “Contact Us”.

Accessing Personal Information from Outside the United States. Personal Information collected through your participation in the VIP may be stored on servers inside the United States or in countries outside the United States. By subscribing in the VIP, you consent to the collection, use, and disclosure of your information as described in this Notice, including the transfer of your information to Vertiv in the United States and other countries where Vertiv and its affiliates and subsidiaries operate. You may withdraw your consent at any time by contacting us using the contact details provided under the heading below “Contact Us”. Prior uses and disclosures will not be affected unless required by applicable law, and we may otherwise continue to process your Personal Information in accordance with our statutory obligations and internal policies and procedures.

Data Protection and Privacy Rights

If you have created an online account with Vertiv or one of its subsidiaries or companies and would like to update the information you have provided in your online account, you can access your account on this website to view and make changes or corrections to your information. If you do not want to receive marketing or other communications from us, please use the unsubscribe method provided in our communications. We will retain your Personal Information for as long as necessary to fulfill the purposes outlined in this Notice unless a longer period is required or allowed by law.

You have the right to be informed of the following:

• the origin of the personal data

• the purpose and methods of data processing

• the logic applied to the data processed electronically

• the identity of the data controller and the data processors

• the identity of the individuals or categories of individuals to whom your personal data may be sent to or who may acquire your data as appointed representatives of our company in your country of residence or as individuals authorized to process your data

You also equally have the right to:

a) have your data updated, corrected, and supplemented

b) have the processing of your personal data restricted, any unlawfully processed data erased, made anonymous, or blocked

c) require a declaration attesting that the people/companies we communicate or disseminate your data to have been notified and given full details of any of the operations under points (a) and (b) above having been carried out, unless this proves impossible or implies an effort that is clearly disproportionate to the right to be protected

d) obtain, in a structured format commonly used and readable by electronic devices, the personal data provided you give us and to have the data transmitted, directly or through Vertiv, to another data controller (known as data portability)

You also have the right to object, in whole or in part, to

e) the processing of your personal data to carry out profiling, to send you advertising material and direct sales messages and to conduct market or commercial communication surveys

f) to know about the personal information we collect from you, how we use and share it

g) to opt out of the sale of your personal information

h) nondiscrimination should you exercise your data privacy rights

Also, you can exercise your right to opt-out of marketing communications, at any time, by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you.

In your request, please specify what right you want to execute and what Personal Information this is referring to.

To exercise your data privacy rights or to obtain more information, you may contact Vertiv at:

By completing Vertiv privacy webform (click here)
By email at: dataprotection@vertiv.com 
By contacting Vertiv Data Protection Officer, Dott. Donato Eugenio Caccavella, who can be contacted at dpo.vertiv@amicadpo.eu.
By US mail at: Vertiv Group Corporation, Chief Compliance & Integrity Officer, 1050 Dearborn Drive, Columbus, Ohio 43085.

Contact us

Vertiv, whose global headquarters is located at 1050 Dearborn Drive, Columbus, Ohio 43085, USA, acts as the Joint Data Controller of your Personal Information together with the other companies of the Vertiv group with which your Personal Information may be shared.

To exercise your data privacy rights or to obtain more information, you may contact Vertiv at:

By completing Vertiv privacy webform (click here)
By email at: dataprotection@vertiv.com 
By contacting Vertiv Data Protection Officer, Dott. Donato Eugenio Caccavella, who can be contacted at dpo.vertiv@amicadpo.eu.
By US mail at: Vertiv Group Corporation, Chief Compliance & Integrity Officer, 1050 Dearborn Drive, Columbus, Ohio 43085.

If you have difficulty accessing any material on this Notice because of a disability, please contact us in writing and we will work with you to make the information available.

We will try to comply with your request(s) as soon as possible within the required timeframe specified in the data protection and privacy law of the country and state you are residing in.

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