We are pleased about your interest in Terex Corporation (“Terex” or the “Company”) and that you have taken the time to visit our website. When you make use of our website, protecting your data and safeguarding your personal information is important to us.
You can review, download and print this Privacy Statement online at any time by visiting www.terex.com. Changes in the law or changes within our corporate policies may require that we adjust our Privacy Statement accordingly.
1. What is personal data?
Personal data refers to information that can be used to learn more about you as a person and your current circumstances (e.g. name, address, telephone number, date of birth or e-mail address). Information that does not allow us to establish a direct connection to you as a person (or only with a disproportionate amount of time and effort), e.g. anonymous information, is not considered personal data.
2. What kind of personal data do we collect and process?
We only process and use personal data if it is necessary for operating our website and providing you the services offered on our website.
When you access and use our website, we only collect the personal data that your browser automatically transmits to our server (IP address, date and time of access, name and URL of the retrieved file, website from which access is made, the used browser and, if applicable, the operating system of your computer as well as the name of your access provider). This information is temporarily stored in a so-called log file.
The legal basis for processing the above referenced data is Art. 6 para. 1 GDPR as it is necessary for the provision of our services and protects a legitimate interest of our Company.
2.2. Contact Information Form
If you complete a contact information form that we offer on one of our Company websites or at a trade show, we will ask for your
- Your e-mail address and
- City, Country, Postal Code
You may choose to provide us with this information or decline to do so. However, without these details, we may not be able to fulfill your request. Any other information you wish to provide on the contact form is at your discretion.
This data processing is based on Art. 6 para. 1 b) GDPR.
2.3. E-mail request
If you send us an e-mail, the personal data you provide will be used only in our correspondence with you. We will ask for your consent before using your personal information for other purposes. The only processed data category is e-mail address. The legal basis for processing is Art. 6 para. 1 b) GDPR.
We will delete your information as required by law.
On our website you have the opportunity to register for our newsletter using your email address. You can tell us your name, but you do not have to. If you tell us your name, we will use it to contact you personally.
The legal basis for collecting, storing and processing your personal data is freely given consent according to Art. 6 para. 1 a) GDPR. If you have given your consent, you will receive our newsletter.
Your e-mail address will be deleted in accordance with applicable law.
You can unsubscribe from the newsletter by clicking on the following link at the end of the newsletter: https://www.terex.com/en/preferences
If a telematics system is included in the sale of our equipment, the telematics system is administered by a third party (“Teleservice Provider”) and collects a range of operational data about the equipment including, but not limited to, usage, performance and reliability. Terex obtains this data for warranty, product improvement, marketing and customer support purposes. Terex may also collect, manage and report data (personal and non-personal) about the equipment including, but not limited to, fuel consumption, up/down times, operation, defects, parts replacement, movement and location.
3. What do we use your personal data for?
Terex will use personal data only in ways that are compatible with the purposes for which it was collected or subsequently authorized by you. Terex will take reasonable steps to ensure that personal data is relevant to its intended use, accurate, complete and current.
We use your personal data solely to provide you with an extensive range of services. Specifically, we may use your personal data to help complete a transaction or order, facilitate communication, deliver and bill for products/services, and to provide ongoing service and support.
If you become a Terex customer, we may use your personal information for marketing purposes related to our services and products, including but not limited to transmitting your personal information to third parties to perform market research such as customer satisfaction surveys and analysis. We only transfer your personal information to third parties outside of the European Union if an adequate level of data protection has been ensured. You can unsubscribe from our marketing research by contacting the Terex Internal Data Protection Officer.
Terex may also share personal information with our service providers and suppliers, for the sole purpose and only to the extent needed to support your business needs. Service providers and suppliers are required to maintain the confidentiality of personal information received from Terex, and may not use such information for any purpose other than as originally intended.
The legal basis for collecting, storing and processing your personal data is due to our legitimate interest in ensuring your satisfaction with our products and services.
4. Where is your personal data transferred?
The Terex Corporation website is hosted in the United States. If you are accessing this website from the European Union or any other region, please be advised that through your use of this website, your personal data might be transferred to the United States. Terex has implemented the Standard Contractual Clauses (“SCC”) approved by the European Commission for the transfer of personal data outside of the European Economic Area (“EEA”) to the U.S. This applies to data transfers that take place within the Terex group of companies as well as with external service providers.
5. Anonymous usage data
We do not create personal user profiles. We only store personal data in an anonymous form on our servers. This data allows us to provide a variety of services, or will be used for evaluation purposes. Only general information is logged, such as at the time content was retrieved from our pages or which pages are visited most frequently.
We make use of "cookies" (small text files with configuration information) to determine how often our website is used and the number of users visiting our website.
This usage data does not allow us to draw any conclusions about the particular user. None of the anonymously collected usage data is combined with your personal data described in Section 2 of this Privacy Statement.
Most browsers are preset so that cookies are accepted automatically. However, you do have the option to deactivate cookies or to set your browser so that you are notified before cookies are stored. In some cases, users who do not accept cookies may not be able to access certain areas of our website.
We may collect the following information as a result of visiting our Website:
- Personal contact and company information,
- Language settings
- Communication preferences (such as email opt-in),
- Information about Websites visits,
- Transactional information.
Pardot is the maker of a web marketing automation suite. We use Pardot’s suite to gather information about visitors to our website. Personal information is stored in Pardot/Salesforce when our visitors complete forms such as when they subscribe to receive email communications from us. Pardot gathers non-personal information such as IP address, operating system, web browser, and web pages visited.
For further information please visit http://www.pardot.com/company/legal/privacy-policy/ .
8. Google Analytics
Our website uses Google Analytics, a web analysis service provided by Google Inc. ("Google"). Google Analytics uses "cookies," text files that are stored on your computer and that make it possible to analyze how you use the website. The information generated from cookies about how you use the website (including your IP address) is transferred to and stored on a Google server in the United States. Google analyzes the information that it collects in order to prepare reports about website activities for website operators and to provide services associated with website and Internet usage. In addition, Google may transfer this information to third parties if it is required to do so by law, or if third parties process this data on Google's behalf. Under no circumstances does Google connect your IP address with any other Google data. You can prevent cookies from being installed by setting your browser software accordingly. However, if you choose to do this you may not be able to fully utilize some of the functions on our website. By using our website you consent to having Google process the data collected about you in the manner and for the purposes described above. At any time, you have the option to withdraw your consent. For more information, visit http://tools.google.com/dlpage/gaoptout?hl=de . Google Analytics added the code "gat._anonymizeIp();" to the German Terex websites to guarantee that IP addresses are anonymized.
9. Google AdWords
Our website uses Google AdWords. Google AdWords is a service for Internet advertising that allows the advertiser to place ads in Google search engine results and the Google advertising network. Google AdWords allows an advertiser to pre-define specific keywords with the help of which an ad on Google's search results only then displayed, when the user utilizes the search engine to retrieve a keyword-relevant search result. In the Google Advertising Network, the ads are distributed on relevant web pages using an automatic algorithm, taking into account the previously defined keywords.
The operating company of Google AdWords is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.
The purpose of Google AdWords is the promotion of our website by the inclusion of relevant advertising on the websites of third parties and in the search engine results of the search engine Google and an insertion of third-party advertising on our website.
The data subject has a possibility of objecting to the interest based advertisement of Google. Therefore, the data subject must access from each of the browsers in use the link www.google.com/settings/ads and set the desired settings.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/.
10. Technical and organizational measures in order to protect personal data stored on our website
You can rest assured that any personal information you entrust to us via our website or in your e-mail correspondence with us is safe. We undertake all reasonable commercial efforts to protect your privacy and your personal information.
We take commercially appropriate technical and organizational security measures to prevent any loss or misuse of the personal data that we store. We review these measures regularly and keep them up-to-date with advances in technology.
Because of the structure of the Internet it is possible that data protection rules and the safety precautions described above may not be observed by other individuals or institutions outside of our control. Data provided in unencrypted form - even if such is sent by e-mail - may be read by third parties. We have no technical influence over this. It is the user's responsibility to assure that the data provided is protected against misuse either by encryption or in another form.
11. Hyperlinks to third-party websites
We have hyperlinks on our web pages that link to websites of other service providers. If you activate these hyperlinks, you will be directed from our website to the website of the other service provider. You will recognize this by the change in the URL address.
We cannot be held responsible for assuring that your personal data is treated with same degree of confidentiality by these third parties. It is beyond our control whether or not these companies adhere to data protection regulations. This applies in particular to www.facebook.com.
12. Your Rights as a Data Subject
If your personal data are processed, you are a data subject within the meaning of the General Data Protection Regulation (GDPR) and the following rights apply to you (subject to applicable law):
Right of Access. You can request information about your personal data that is processed by us.
In particular, you may obtain information about the purposes of processing, the categories of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to correction, deletion, restriction of processing or objection, the right to lodge a complaint with a supervisory authority, the origin of your data, if not collected from us, transfer to third countries or international organizations, and the existence of automated decision-making, including profiling and, where applicable, meaningful information about the logic involved.
Right to Rectification. You can immediately demand the correction of incorrect or incomplete personal data stored with us.
Right to Erasure. You may request the deletion of your personal data stored by us, provided that the processing is not necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims.
Right to Restriction of Processing. You can request the restriction of the processing of your personal data if you contest the accuracy of the data, if the processing is unlawful and if we no longer need the data but you need the data to establish, exercise or defend legal claims.
Right to Data Portability. You may request that the personal data you have given to us are provided to you in a structured, current and machine-readable format or you may request that it be transmitted to another party.
You can withdraw your consent at any time. As a consequence, we will no longer be allowed to continue processing your data without obtaining your consent in the future.
You have the right to complain to a supervisory authority. You can contact the supervisory authority of your residence, place of work or our Company headquarters.
You can exercise these rights by contacting the Terex Internal Data Protection Officer.
13. Right to Object
You have the right to object to the processing of your personal data pursuant to Art. 21 GDPR, provided that there are reasons arising from your particular situation.
Please send your objection to the Terex Internal Data Protection Officer.
14. Disclosure about the personal data we store/deletion
We only store the personal details that you provided for the length of time permitted by law.
Upon request, we would be happy to disclose to you which of your personal details we have on file. If, despite our attempts to store correct and up-to-date information, the personal data we have on file is incorrect, we will take steps to correct it immediately. Should you request that we delete the personal data we have stored, once we receive your request we will delete this data immediately. If it is not possible to delete this information for legal reasons, we will block the data where required by law. However, keep in mind that if your personal data is deleted, we will be unable to continue offering the services described herein unless you request services as a later date. In any of these cases, please contact the Terex Internal Data Protection Officer.
15. Targeting Minors
Terex does not knowingly collect personal data from persons under the age of 13. If Terex determines that a person with respect to whom it has collected personal information is under the age of 13, Terex will promptly delete or destroy that information.
16. Data Protection Officer
If you have any questions or concerns pertaining to this Privacy Statement, please contact our Data Protection Officers directly:
Terex Internal Data Protection Officer
200 Nyala Farm Road
Westport, CT 06880 USA
T: +1 203 221-5417
External Data Protection Officer of Terex Corporation
Attorney at Law Dr. Karsten Kinast, LL.M
KINAST Rechtsanwaltsgesellschaft mbH
50672 Cologne, Germany
Phone: +49 221 222183-0
200 Nyala Farm Road
Westport, CT 06880 USA
T: +1 203 722-1805
17. General Terms
For the purposes of this statement, "We" shall include ourselves and our members, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.
All reasonable measures have been taken to ensure the quality, reliability, and accuracy of the information on this website. However, we:
- may delete, add to, or amend information on this website without notice, and
- are not responsible for the content of other websites linked to, or referenced from, this website.
The services, information, software or data (collectively, "Information") made available at this website are provided "AS IS", without warranties of any kind.
We expressly disclaim any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. We shall have no liability in connection with the services including, without limitation, any liability for damage to your computer hardware, data, information, materials and business resulting from the Information or the lack of information available on this website. Specifically, we shall have no liability for:
- Any loss or injury caused, in whole or in part, by our actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information;
- Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
- Any decision made or action taken or not taken in reliance upon the Information furnished hereunder.
We make no warranty, representation or guarantee as to the content, sequence, accuracy, timeliness or completeness of the Information or that the Information may be relied upon for any reason. We make no warranty, representation or guaranty that the Information will be uninterrupted or error free or that any defects can be corrected.
Under no circumstances shall we be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Information, or from the use of the Internet generally.
© 2019 Terex Corporation. All Rights Reserved.