Privacy NOTICE

Privacy Notice

The Privacy Notice sets out how Malcom Company, Inc. (“Malcom”, “we”, “us” and “our”) uses and protects any personal information that you give Malcom when you use this website (“Site”).

Security

We are committed to ensuring that your privacy is protected. If we ask you to provide certain information from which you may be identified when using the Site, then you can be assured that it will only be used in accordance with this Privacy Notice. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interactions with us are no longer secure, please immediately notify us by contacting us at privacy@malcom.com .

Information Collection and Use

You can visit the Site without telling us who you are or revealing any information about yourself. Our web servers collect the domain names, not the e-mail addresses, of Site users. In general, we gather information about users of the Site collectively in order to determine, for example, which areas users may access more frequently and which materials users access the most. This information helps us to determine what is most beneficial for our users, and how we can continually create a better overall experience for our users by improving the content of the Site.

Malcom may collect personal information through our “contact us” form. This information can include:

· Name

· Company Name

· Email Address

· Location

· Telephone number

This information will be shared with Malcom and its affiliated companies when appropriate for business purposes. You are not required to provide this information, but without it, Malcom may be unable to respond to your requests through these additional services.

If you submit any personal information about other people to us, you represent that you have the authority to do so and permit us to use their personal information in accordance with this Privacy Notice. Customarily, the personal information Malcom obtains is used only to respond to inquiries, to process orders, for product registration or to allow the user to access specific account information. We may also ask you to voluntarily provide us with information for market research such as, your interests, demographics, and experience with our products.

When we share personal information with a Malcom contracted distributor, we require that they first contractually agree to comply with reasonable and appropriate privacy and security standards.

Third Party Websites

This Privacy Notice does not address, and we are not responsible for, the policies and practices of third parties or other organizations that are not Malcom or its affiliated companies. Malcom may provide, as a convenience to you, links to websites operated by other entities and persons, but makes no representations or warranties whatsoever, nor does it sponsor or endorse any other website which you may access through this one.

If you use these websites, you do so at your own risk. Links do not imply that Malcom is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo, or copyright of Malcom.

Marketing

We will not sell, distribute or lease your personal information to unrelated third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting.

You can also unsubscribe from Malcom related messages by following the unsubscribe instructions included in each related message sent to you. We will comply with your request(s) to deactivate your subscriptions and your personal information will be deleted from the system within 30 working days.

Cookies

Site may use "cookies" to provide information on your computer. Cookies are pieces of data that a website can send to your browser, which may then be stored on your computer or device. Cookies may save your preferences while you are at the Site, such as allowing for persistent login on pages that require logging in, and Malcom may use them to provide you with tailored information and tracking as you use the Site services.

By modifying your browser preferences, you may have the choice to accept cookies, to be notified when a cookie is sent, or to reject cookies. The rejection or limitation of cookies by your browser may limit your ability to use the Site.

Cookie Category

Purpose of Cookies

Necessary

Makes Site usable by enabling basic functions like page navigation and access to secure areas of the website. Site cannot function properly without these cookies.

Preferences

Collects information for storing user preferences.

Statistics

Used to distinguish users, throttle request rates, and page activity.

Marketing

These cookies are used for advertising, audience targeting, and provide a data management platform which enables cookies to capture real time profiling of visitor interests.

Changes

If at any time Malcom changes its privacy commitment, Malcom will post those changes here so that you will know what information Malcom gathers and how Malcom might use that information. We encourage you to periodically review this Privacy Notice to stay informed about how we collect, use, and share personal information.

Marketing Collateral Notice

This document identifies products, their specifications, and their characteristics, which may be suitable for certain applications. It does not constitute an offer to sell or a commitment of present or future availability, and should not be relied upon to state the terms and conditions, including warranties and disclaimers thereof, on which Malcom Company Inc. may sell products. A prospective buyer should exercise its own independent judgment to confirm the suitability of the products for particular applications. Malcom Company Inc. reserves the right to make changes, without notice, to any products or information herein which will, in its sole discretion, improve reliability, function, or design. Malcom Company Inc. does not assume any liability arising out of the application or use of any product or circuit described herein; neither does it convey any license under its patent or other intellectual property rights or under others. This disclaimer extends to any prospective buyer, and it includes Malcom Company Inc. licensee, licensee’s transferees, and licensee’s customers and users. Availability of some of the products and services described herein may be restricted in some locations. While every precaution has been taken to ensure accuracy and completeness in this literature, Malcom Company Inc. assumes no responsibility, and disclaims all liability for damages resulting from use of this information or for any errors or omissions.

Malcom Company Inc., Malcom and Malcom Technologies logo are trademarks and service marks of Malcom Company, Inc. All other names and logos referred to are trade names, trademarks, or registered trademarks of their respective owners.

Notice

While reasonable efforts have been made to assure the accuracy of this document, Malcom assumes no liability resulting from any omissions in this document, or from the use of the information obtained therein. Malcom reserves the right to revise this document without obligation of Malcom to notify any person of such revision or changes. An electronic version of this material may be read online, downloaded for personal use, or referenced in another document as a URL to a Malcom website. The text itself may not be published commercially in print or electronic form, edited, translated, or otherwise altered without the permission of Malcom. It is possible that this publication may contain reference to or information about Malcom products (machines and tools), or services that are not available in your country. Such references or information must not be construed to mean that Malcom intends to announce such Malcom products, or services in your country.

Disclaimer

The Site and materials and related communications are provided "as is" without any representations or warranties, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for particular purpose. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions of implied warranties may not be applicable under certain circumstances. Malcom also does not warrant the accuracy or completeness of the materials, including but not limited to the reliability of any advice, statement or other information displayed or distributed through the Site. You acknowledge by the use of the Site that any reliance on any such materials, advice, statement or information shall be at your sole risk. Malcom assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site (including any bulletin board and chat room) or your downloading of any materials from the site.

Third Party Content

Any opinions, statements, services, offers or other information or content expressed or made available in the Site by any third party are those of the respective author(s) or distributor(s) and not of Malcom.

Limitation of Liability

Your use and browsing of the Site are at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site. Under no circumstances will Malcom, its suppliers or other third parties mentioned at, or involved in creating, producing, or delivering the Site be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use, inability to use or the results of use of the site, any websites linked to the site, or any materials contained at any or all such sites (including but not limited to those caused by or resulting from a failure of performance; error; omission; linking to other websites; interruption; deletion; defect; delay in operation or transmission; computer virus; communication line failure; or destruction, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not Malcom was advised of the possibility of such damages. Malcom shall have no liability or responsibility for any acts, omissions, or conduct of any user or other third party. Malcom's obligations and responsibilities regarding its products and services are governed solely by Malcom's terms and conditions of sale under which such products and services are sold. Copies of such terms and conditions are available from Malcom.

Information Provided By You

It has been and remains Malcom's policy not to accept or consider ideas, suggestions or materials other than those that Malcom has specifically requested from you through our Site. Accordingly, Malcom does not want you to, and you should not, send any confidential or proprietary information to Malcom through the Site unless specifically requested by Malcom. Please note that any unsolicited information or material sent to Malcom will be deemed not to be confidential or proprietary. By submitting information and material to the Site, you automatically grant to Malcom (or warrant that the owner of such information and material has expressly granted to Malcom) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to other such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that Malcom is free to use any ideas, concepts, know-how, or techniques that you send Malcom for any purpose. You shall not upload, post or otherwise make available on the Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission and agree to indemnify Malcom from any claims resulting therefrom.

Site Changes

Malcom, in its sole discretion, may revise these Terms, Site and Materials without notice at any time; however, Malcom is under no obligation to update Materials. Malcom may also make changes in the products, services, programs, or prices (if any) described in the Site at any time without notice. Your continued use of the Site after any change Malcom makes to the Site will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.

Linking to Site:

Anyone linking to Malcom’s Site must comply with Malcom's guidelines for linking to Malcom's Site, which may be requested from Malcom, and all applicable laws.

International Users

The Site is administered by Malcom from its offices in the United States. Materials published at the Site may refer to products, programs, or services that are not available in your country. Consult your local Malcom business contact in this regard. Furthermore, Malcom makes no representation that the Materials at the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export information and materials in violation of the export laws of the United States or any other country. If you access the Site from a location outside of the United States, you are responsible for compliance with all applicable laws.

Governing Law

These Terms shall be governed by the laws of the State of Rhode Island, without giving effect to any principles of conflicts of law. If any provision of this Agreement and Terms shall be for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between Malcom and you with respect to your use of the Site. Any cause of action you may have with respect to use of the Site must be commenced within six (6) months after the claim or cause of action arises.