Last Updated: July 2023
Australian Privacy Addendum (9.30.21)
APP 5 Privacy Collection Notice – Website Users (9.30.21)
Terms and Conditions
The Website has been prepared solely for the purpose of providing information about Lincoln Electric® and the services and products it offers and promoting the understanding and safe use of electric arc welding. The Website has been compiled in good faith by Lincoln Electric. However, no representation is made as to the completeness or accuracy of the information it contains. In particular, you should be aware that this information may be incomplete, may contain errors or may have become out of date. Lincoln Electric reserves the right to add, modify or delete any information at the Website at any time.
Conduct on the Website
Some areas of the Website may require that you register and log in. You are responsible for protecting your username and password. Additionally, we may rely upon any communications it receives on the Website under your login. Notify us immediately if you have reason to believe your login has been or may be used by someone not authorized to do so.
The Website includes online forums on which the Company’s customers can share information (“User Contributions”) about arc welding and their arc welding projects. Users who participate in the forums agree that all posts made on any forum on the Website is not private information and that when posted it will be publicly available to any user on the Website. By providing any User Contribution on the Website, you grant us and our affiliates (and our respective licensees, successors and assigns) the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. By providing User Contributions, you represent and warrant that you own or control all rights to such User Contributions and have the right to grant the license granted above. All posts are subject to review and any content deemed in the Company’s sole judgment to be inappropriate, offensive or inconsistent with the purpose for the forum may be deleted or the posting may be deleted in whole or in part. Users who post such content may be prohibited from further use of the forums or the Website.
We are not responsible (or liable to any third party) for the content or accuracy of any User Contributions posted by you or any other user of the Website. We make no representation or warranty as to the content or accuracy of any User Contributions and hereby disclaim any such representation or warranty.
Use of Materials on the Website
In any way that violates any applicable federal, state, local or international law or regulation including, without limitation, any laws regarding the export of data or software to and from the US or other countries.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To corrupt or misuse any data, personal information or User Contributions that may be submitted to or accessed through the Website.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website. Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent. Use any device, software or routine that interferes with the proper working of the Website. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper working of the Website.
These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Monitoring and Enforcement; Termination
We have the right to:
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Trademarks and Copyrights
Customer Assistance Policy
The business of the Company is manufacturing and selling high quality welding equipment, consumables, and cutting equipment. Our challenge is to meet the needs of our customers and to exceed their expectations. On occasion, purchasers may ask the Company for information or advice about their use of our products. Our employees respond to inquiries to the best of their ability based on information provided to them by the customers and the knowledge they may have concerning the application. Our employees, however, are not in a position to verify the information provided or to evaluate the engineering requirements for the particular weldment. Accordingly, the Company does not warrant or guarantee or assume any liability with respect to such information or advice. Moreover, the provision of such information or advice does not create, expand, or alter any warranty on our products. Any express or implied warranty that might arise from the information or advice, including any implied warranty of merchantability or any warranty of fitness for any customers’ particular purpose is specifically disclaimed.
The Company is a responsive manufacturer, but the selection and use of specific products sold by the Company is solely within the control of, and remains the sole responsibility of the customer. Many variables beyond the control of the Company affect the results obtained in applying these types of fabrication methods and service requirements.
Safe Harbor Statement
The materials at this and other Lincoln Electric websites may contain various forward-looking statements and include assumptions concerning Lincoln Electric’s operations, future results and prospects. These forward-looking statements are based on current expectations and are subject to risk and uncertainties. In connection with the “safe harbor” provisions of the Private Securities Litigation Reform Act of 1995, Lincoln Electric provides the following cautionary statement identifying important factors which, among others, could cause the actual results or events to differ materially from those set forth or implied by the forward-looking statements and related assumptions.
Such factors include the following:
(1) successful implementation of new information systems;
(2) developments in product liability litigation;
(3) demands of the competitive global economy that may generate new or enhanced competitors;
(4) growth opportunities (or lack thereof) in international markets;
(5) the cyclicality and maturity of the welding industry;
(6) changing operating factors that could affect production by impacting labor or materials; and
(7) successful development of new products;
(8) possible new developments in the technology of joining metals.
These and other risks are discussed in greater detail in the Lincoln Electric periodic reports filed with the Securities and Exchange Commission.
The reports filed by Lincoln Electric with the Securities and Exchange Commission and listed on the Website speak only as of the respective dates on which they are filed or used by Lincoln Electric. The contents of those reports can become out-of-date. Lincoln Electric makes no commitment, and disclaims any duty, to update any of those reports.
Environmental, Health, and Safety Policy
Lincoln Electric is committed to minimizing risks to human health and the environment in and around the workplace. More specifically, Lincoln is dedicated to maintaining the health and safety of its employees, customers and neighbors, as well as preserving the integrity of our environment. This commitment is supported by management and is the individual and collective responsibility of all Lincoln Electric employees.
We will achieve these goals through our EHS system and strive for continual improvement by:
- Education and training to institutionalize EHS values throughout the company;
- Setting EHS objectives and monitoring progress to improve employee health and safety and reduce adverse environmental impacts;
- Raising EHS awareness of all employees and stressing personal accountability throughout the Lincoln organization;
- Complying with or exceeding all applicable EHS regulatory requirements;
- Conserving natural resources through pollution prevention, energy conservation and waste minimization.
We have adopted this privacy statement in order to demonstrate our firm commitment to the privacy of certain information provided to it by customers and potential customers who use the Website. This policy states the Company’s policy regarding information collection and dissemination practices for the Website: lincolnelectricsolutions.com.au. By using the Website, you consent to all actions taken by us with respect to your information. This site contains links to other sites. The Company does not control and is not responsible for the operation of such websites and refers you to the privacy practices stated on such websites.
Lincoln collects information supplied by individuals who use the Website for the purpose of providing information or updates about Lincoln or its products or arc welding to such individuals. We may also use personal information you submit for internal purposes including the administration of our websites, data analytics and compliance with law or legal process and Lincoln’s policies and procedures. Examples of the information collected and purposes for which it is requested follow:
Contact Us and Ask the Experts
We collect your name, address, phone number and email address along with any inquiry or comment you may wish to submit to the Company for the purpose of replying to your inquiry.
Marketing and Other Information
Lincoln publishes various information about Lincoln products and arc welding, such as send ads, videos, contests, rebates and e-newsletters, which we email to users of the Website or to other individuals they identify to us. Recipients may opt out or unsubscribe from such information here.
Lincoln uses Remarketing with Google Adwords and DataXU to advertise online. This permits third-party vendors, including Google, to show Lincoln ads on sites across the Internet. Lincoln and third-party vendors, including Google and DataXU, use first-party cookies (such as the Google Adwords cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based upon your past visits to Lincoln’s website.
When creating a remarketing list, Lincoln will not use any of your sensitive information whether collected directly or associated with a visitor, based on your profile or behavior on Lincoln’s site or app Ad content will not use or imply knowledge of your personally identifiable or sensitive information. Restrictions on list creation apply to individual webpages and entire websites.
Questionnaires and Surveys
Lincoln may ask users of the Website to complete optional online surveys and opinion polls for the purpose of obtaining their input relating to our present or planned products and their use. These surveys help us to better meet your needs. In conducting these surveys we may ask you to provide your name and contact information.
The Website is not directed to children under the age of thirteen and we do not knowingly collect personal information from children. We will ask you to confirm that you have not and will not provide such information to us or in postings on the Website when you register. If we become aware that such information has been provided or posted on the Website, we will delete it from our records.
Notice: When Personal Information is collected, Lincoln will inform individuals of the purpose for which it collects and uses Personal Information and the types of third parties to which the company discloses or may disclose that information. Lincoln will provide individuals with the choice and means for limiting the use and disclosure of their Personal Information. Notice will be provided in clear and conspicuous language when individuals are first asked to provide Personal Information to Lincoln, or as soon as practicable thereafter and, in any event, before Lincoln uses or discloses the information for a purpose other than that for which it was originally collected.
Choice: Lincoln will offer individuals the opportunity to choose (Opt Out) when their personal Information is
(1) to be disclosed to a third party or
(2) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.
Sensitive Personal Information is not knowingly collected on the Website. It is Lincoln’s policy that any individual providing Sensitive Personal Information to it will have the opportunity to explicitly consent (Opt Out) to the disclosure of such information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.
The Website provides users with the opportunity to opt-out of receiving communications from us at the point where we request Personal Information.
The Website also gives users the following options for opting not to receive future communications from Lincoln:
1. Remove your name from our subscription list; and
2. Emall us your request to unsubscribe.
Updating Personal Information
The Website provides you the option to update or correct information previously provided by logging into your account and clicking User Admin Center and then My Profile to access your Personal Information and correct, amend or delete inaccurate information.
The Lincoln Electric Company does not sell any personal information or email addresses collected on the Website. It also does not share this information with third parties not directly affiliated with Lincoln Electric.
Lincoln will take reasonable steps to protect the Personal Information it collects from loss, misuse, unauthorized access, disclosure, alteration and destruction. Lincoln has put in place appropriate physical, electronic and managerial procedures to safeguard and secure the Personal Information it collects from loss and misuse, unauthorized access or disclosure, alteration or destruction. Lincoln cannot guarantee the security of information on or transmitted via the Internet.
Lincoln will only process Personal Information in a way that is compatible with and relevant to the purpose for which it was collected or authorized by the individual. To the extent necessary for those purposes, Lincoln will take reasonable steps to ensure that Personal Information is accurate, complete, current as provided and reliable for its intended use.
If you have any questions about this privacy statement, the practices of the Website or your dealings with the Website, you can email us or contact us at the following address:
Lincoln Electric Company (Australia) Pty Ltd
35 Bryant Street, Padstow NSW 2211, Australia
DISCLAIMER OF WARRANTY
LINCOLN ELECTRIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES IMPLIED FROM A COURSE OF DEALING OR PERFORMANCE OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE WEBSITE WILL BE SECURE, THAT THE SITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE, OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU RELY UPON OR DOWNLOAD ANY MATERIALS FROM THE WEBSITE, YOU DO SO AT YOUR OWN RISK. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM LINCOLN ELECTRIC OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND.
IN CERTAIN JURISDICTIONS, THE LAWS MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TIME LIMITATION FOR CLAIMS
YOU AGREE THAT ANY CLAIM OR DISPUTE ARISING OUT OF YOUR USE OF OR RELATED TO THE WEBSITE MUST BE COMMENCED NO LATER THAN ONE (1) YEAR AFTER THE CLAIM ACCRUES OR IT IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.