Transfer of Data

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.

Privacy

We are pleased about your interest in our 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 a priority. We would like to take a moment to let you know what kind of personal information we collect when you visit our website and for what purposes it is used.

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.

Scope

This Privacy Statement applies to the content of websites owned by Terex Corporation, 200 Nyala Farm Road, Westport, CT USA.

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?

You can visit much of our website without having to provide any personal data.

2.1.   Website

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 following information is recorded without your intervention and stored until it is automatically deleted.

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 Terex Corporation websites, we will ask for your

  • Name,
  • 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 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 store your information until such time as we fulfil your request.   Thereafter your personal data will be erased, unless otherwise required by law.

2.4.   Newsletter

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 stored for as long as you have subscribed to our newsletter. After you unsubscribe from the newsletter, your e-mail address and any other personal data you have provided will be deleted unless otherwise required by law.

You can unsubscribe from the newsletter by clicking on the following link at the end of the newsletter: https://www.terex.com/links/preferences

3.  What do we use your personal data for?

We use your personal data solely to provide you with an extensive range of services through our website, or - if you used our contact information form or if you sent us an e-mail - to respond to your request.

If you become a Terex customer, we may use your personal information for marketing purposes 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.

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.

You can unsubscribe from our marketing research by contacting the Terex Internal Data Protection Officer.

We do not use your personal data for any other purposes.

4.  Where is your personal data transferred?

The Terex website is hosted in the United States.  If you are a user 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.

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.

6.  Use of cookies

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.

The legal basis for the processing of personal data using cookies lies in Art. 6 para. 1 f) GDPR. You may have consented to the use of cookies on the basis of a cookie banner from our website. In that case, the legal basis for the use of cookies additionally lies in  Art. 6 para. 1 a) GDPR.

7.  Pardot/Salesforce

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.de/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.  Data Protection Officer

If you have any questions or concerns pertaining to this Privacy Statement, please contact our Data Protection Officers directly:

Gabrielle Tilley
Terex Internal Data Protection Officer
Terex Corporation
200 Nyala Farm Road
Westport, CT 06880 USA
T: +1 203 221 5417
E: gabrielle.tilley@terex.com

Dr. Karsten Kinast LL.M.
Attorney at Law
KINAST Rechtsanwaltsgesellschaft mbH
Hohenzollernring 54
50672 Cologne, Germany
T.: +49 (0) 221 / 222183-0
F: +49 (0) 221 / 222183-10
http://www.kinast-partner.com

If you have questions or concerns pertaining to the data security  practices at Terex Corporation, please contact our Director of Information Security directly:

Ralph Carey
Terex Corporation
200 Nyala Farm Road
Westport, CT 06880 USA
T: +1 203 722 1805
E: ralph.carey@terex.com

© 2018 Terex Corporation. All Rights Reserved.