Vermeer Corporation Data Privacy Policy

This Privacy Policy describes how Vermeer Corporation and its controlled affiliates (“Vermeer,” “we,” or “us”) collect, use, and disclose information we collect from you, as well as how we protect and secure your data. If you have additional questions regarding your rights under this Privacy Policy or any agreement you have entered with Vermeer regarding your data, please contact us at [email protected].

This Privacy Policy applies generally to Personal Information, Equipment Data, and Operational Data that Vermeer collects, uses, and discloses. However, this Privacy Policy is subordinate to and superseded by any specific terms and conditions set forth in any terms of use, end user license agreements, or other agreements with Vermeer related to a particular product, service, or data that is collected. This Privacy Policy applies only to information collected, used, and possessed by Vermeer and its controlled affiliates. It does not apply to Vermeer’s network of independent dealers and distributors, who may have their own privacy policies that apply to information that they collect from you.

What Types of Information and Data Does Vermeer Collect, and When Does It Collect This Data?

Vermeer collects various Personal Information, Equipment Data, and Operational Data.

"Personal Information" is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an identified or identifiable natural person or household. In other words, it is any information that, on its own or together with other information, can reasonably be used to identify you or your household. Personal Information we may collect includes, in addition to any other information disclosed at the time of collection:

*For more information about Vermeer’s use of cookies and other automated tracking technologies, see the section of this Policy below labeled, “Website Data Collection, Cookies, and Similar Technology.” You may also refer to the Vermeer Cookie Policy, available here.

Among the categories of Personal Information identified above, some pieces of data may constitute Sensitive Personal Information. The Sensitive Personal Information that Vermeer may collect includes, among other things, information that reveals:

• A social security, driver’s license, state identification card, or passport number;
• An account log-in, financial account, debit card, or credit card number in combination with any required security or access code, passwords, or credentials allowing access to an account; and
• Precise geolocation (within 1,850 feet).

Non-Personal Information is any information that does not relate to an identified or identifiable natural person, such as:

• Cookies and other tools, when used in a non-identifiable way;
• Anonymized information;
• Aggregated information;
• Information about your business operations, including, but not limited to:
  • Operation-specific data, such as location data, when kept in a non-identifiable way; and
  • The name, form, and contact details of businesses or other legal persons.

"Equipment Data" is data generated by, collected by, or stored in your equipment or any hardware or device interfacing with your equipment, such as telematics hardware. Equipment Data may be personal or non-personal. Equipment Data can include the following information about your equipment: location, engine hours, fuel consumption, diagnostic information, and other equipment operation- and status-related data. Telematics hardware or other devices, applications, or services interfacing with your equipment may collect, transmit, or store Equipment Data, Operational Data, Personal Information, and/or other Non-Personal Information.

"Operational Data" is data about how Vermeer equipment, services, and accessories incorporated on the equipment are performing with respect to particular jobs or other information regarding a customer's processes, operations, operators, jobs, job performance, and the work the customer performs with its Vermeer equipment. It may also include information or data that is input by a customer into a system or service provided by Vermeer. Operational Data may be personal or non-personal. Accessories incorporated on the equipment include services, hardware, and software purchased or licensed by Vermeer from third parties for incorporation in, with, or on Vermeer equipment. Vermeer equipment also includes certain equipment that is branded as “Vermeer” or otherwise sold by Vermeer or its dealers for use with other Vermeer equipment, such as vacuum equipment and locator systems manufactured by third parties for or in conjunction with Vermeer.

In addition to the methods described above, Personal Information, Non-Personal Information, Equipment Data, and Operational Data may be collected by Vermeer from its authorized dealers and distributors as part of its standard business operations, to provide services to those authorized dealers and distributors, and as otherwise agreed pursuant to agreements between Vermeer and such authorized dealers and distributors. For more information about the sources from which Vermeer collects information, see the section of this Policy below labeled, “From What Sources Does Vermeer Obtain Personal Information?”

When data is described as “anonymized,” it means that it is no longer associated with a particular person. When data is described as “aggregated,” it means that it has been combined with other data so that no one person can be identified or linked to any specific action or information.

From what Sources Does Vermeer Obtain Personal Information?

In the past 12 months, Vermeer collected Personal Information from the following categories of sources:

For What Purposes Does Vermeer Use the Information It Collects?

Subject to the limitations and other rights set forth in this Privacy Policy, Vermeer may use your Personal Information and Equipment or Operational Data in its identifiable form for a variety of purposes, including:

• To Complete Orders and Provide Requested Services. To fulfill orders for products or services, and for other services or purposes as you may request or direct, such as product delivery, product or component registration, maintenance, warranty service, financing, leasing or credit services.
• Product and Customer Support. To provide support services, including monitoring and managing the health of your equipment, to deliver upgrades and product improvement communications, and for diagnostics and repairs, product safety-related matters and campaigns, and recalls.
• Marketing and Surveys. To communicate offers for products and services from Vermeer or its dealers, suppliers, or partners, including offers based on your interests, personal and business characteristics and your location; to administer surveys, polls, sweepstakes, contests, loyalty programs and other promotional events; and to provide other information which may be of interest to you, such as Vermeer company news, catalogs, announcements, reminders, and technical bulletins. Please send an email to [email protected] if you do not wish to be contacted by Vermeer for marketing purposes without being asked.  We will provide you with the opportunity to opt out of the receipt of marketing information or market research inquiries.
• General Business Purposes. To provide and accomplish standard business tasks, such as payment processing, financial account management, payment collections and related actions, product development, product safety, product lifecycle management, contract management, website administration, web-forum management, order or contract fulfillment, analytics, fraud prevention, corporate governance, reporting and legal compliance.
• As Disclosed at the Time of Collection. In any other manner that we may describe when you provide the information to us.

In the past 12 months, Vermeer has used the following categories of Personal Information (by Category ID) to support these Purposes:

These Purposes may be necessary for Vermeer to enter or perform a contract to which you are a party, comply with a legal obligation to which Vermeer is subject, protect the vital interests of Vermeer or the interests of another natural person, or otherwise pursue legitimate business purposes and objectives. Vermeer may seek your consent to process your Personal Information, including personally identifiable Equipment or Operational Data, as necessary.

We use your Operational Data to help you do your job and to provide the specific services you have requested related to that Operational Data. The particular ways we use your Operational Data are set forth in the specific terms of service or contracts that you sign or accept related to the Vermeer services that collect Operational Data. In general, Vermeer and its data service providers will access your Operational Data in personally identifiable form only when necessary to provide our services or administer your account.

Vermeer collects Non-Personal Information in the same ways it collects Personal Information, Equipment Data, and Operation Data, described elsewhere in this Privacy Policy.

Because Non-Personal Information does not personally identify you, Vermeer may use and disclose Non-Personal Information for any purpose, including non-personal Equipment and Operational Data. In some instances, Vermeer may combine Non-Personal Information with Personal Information. In those instances, Vermeer will treat the combined information as Personal Information.

In addition, Vermeer reserves the right to use anonymized and aggregated Personal Information, Equipment Data, and Operational Data for any purpose, including to improve its products and services, to create and publish reports, to conduct statistical analysis about our customers and equipment, and for other activities that do not result in the disclosure of your Personal Information in identifiable form.

When Does Vermeer Disclose Your Information, and Who May Receive It?

Vermeer is committed to being transparent regarding the ways we use and disclose your information. We may disclose your information as follows:

• We may disclose Personal Information, Equipment Data, and Operational Data to our affiliated companies, our suppliers, authorized dealers and distributors, and business partners, as needed to accomplish, and consistently with, the Purposes set forth above, or as you authorize or request.
• We may also disclose Personal Information, Equipment Data, and Operational Data to our service providers to fulfill the Purposes on our behalf. Our service providers are bound by law or contract to treat your information and data with the same level of protection that we do and to use it only in accordance with our instructions.
• We may disclose Personal Information, Equipment Data, and Operational Data where needed to effect the sale or transfer of business assets, to enforce our rights (including any rights granted to Vermeer under any contract we or any of our controlled affiliates have entered with you), protect our property, or protect the rights, property, or safety of others, or as needed to support external auditing, compliance, and corporate governance functions.
• We will also disclose Personal Information, Equipment Data, and Operational Data when required to do so by law, such as in response to a subpoena, including to law enforcement agencies and courts in the countries where we operate.

In the past 12 months, these disclosures have affected the categories of Personal Information identified in the table below. Please note that Vermeer’s use and disclosure of customers’ Personal Information varies based on the nature and circumstances of their relationships with Vermeer. With respect to any given customer, the fact that a category of Personal Information is included in the following list only indicates Vermeer may have disclosed the information to a third party or parties for a business purpose, not that the information has been disclosed.

We understand that your Operational Data is particularly important to your success. For that reason, we do not share your Operational Data in a non-anonymized or non-aggregated form with any parties that are not directly involved in providing services directly to you without your express consent.

Sale, Sharing, and Disclosure of Personal Information: Vermeer does not sell its customers’ Personal Information to third parties, nor does it share their Personal Information for cross-context behavioral advertising purposes. Vermeer has not conducted any such sales or sharing in the past 12 months.

In the past 12 months, Vermeer has disclosed Personal Information to third parties for business purposes, as described above in this section.

How Long Does Vermeer Keep the Information It Collects?

Vermeer keeps different pieces of Personal Information for different lengths of time, depending on the Purpose(s) for which it was collected and the unique circumstances of your situation. Vermeer will keep your Personal Information as long as necessary for the relevant Purpose. For more information on Vermeer’s data retention practices and how long your data might be retained, please contact us using the information provided below.

Website Data Collection, Cookies, and Similar Technology

When you visit our website or use our mobile applications, we collect certain information by automated means, using technologies such as cookies, pixel tags, browser analysis tools, server logs and web beacons.

For example, when you visit our website, we place cookies on your computer. Cookies are small text files that websites send to your computer or other internet-connected devices to uniquely identify your browser or to store information or settings in your browser. Cookies allow us to recognize you when you return. They also help us provide a customized experience and enable us to detect certain kinds of fraud. We may also use Adobe Flash Cookies, Microsoft Silverlight, and similar technologies, which remember your settings, preferences, and usage in a manner similar to browser cookies to personalize and enhance your online experience, but which are not managed through your browser. To manage your Flash and Silverlight cookies, please see Adobe’s and Microsoft’s websites.

Pixel tags and web beacons are tiny graphic images placed on website pages or in our emails that allow us to determine whether you have performed a specific action. When you access these pages or open or click an email, the pixel tags and web beacons generate a notice of that action. These tools allow us to measure responses to our communications and improve our web pages and promotions.

We collect many different types of information from cookies and other technologies. For example, we may collect information about the device you use to access our website, your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone where your device is located. Our server logs also may record the IP address or derivative of the device you use to connect to the internet. IP addresses are unique identifiers that devices use to identify and communicate with each other on the internet. We may also collect information about the website you were visiting before you came to Vermeer and the website you visit after you leave our site.

In many cases, the information we collect using cookies and other tools is only used in a non-identifiable way, without reference to Personal Information. For example, we use information we collect about website users to optimize our websites and to understand website traffic patterns. In some cases, we do associate the information we collect using cookies and other technology with your Personal Information. Additionally, if the settings on your geo-aware mobile devices permit our mobile applications to collect location information, we will collect that information automatically. This Privacy Policy governs how we use all of this information when we associate it with your Personal Information.

Vermeer has relationships with third-party advertising companies to perform tracking and reporting functions for our web processing. These third-party advertising companies may place cookies on your computer so they can display targeted advertisements to you. These third-party advertising companies should not collect Personal Information in this process, and we do not give Personal Information to them as part of this process. Please be aware, however, that it is possible those advertisers may collect Personal Information about you through other means, outside your use of Vermeer-controlled websites, in accordance with those advertisers’ privacy policies and practices or with the policies and practices applicable to the third-party websites where those advertisers serve their ads. See the section of this Privacy Policy titled “Privacy Policies of Third Parties” below, for more information.

Your Choices, Rights, and Data Control

You can limit the information you provide to Vermeer. You can also limit the communications Vermeer sends to you. To opt out of marketing emails, you can visit our website and communicate your choice using the contact form available at https://www.vermeer.com/na/contact-us, or you may submit your request using any of the means of contact provided below. Alternatively, you may opt out of receiving future marketing emails by clicking "unsubscribe" at the bottom of marketing emails we send you.

Please note that even if you opt out of receiving marketing material, we may still need to contact you with important transactional, safety, or other information about your account or your equipment. For example, even if you opt out of marketing emails, we will still send you a confirmation when you purchase something from us as well as product safety communications.

You can manage cookie preferences and opt out of having cookies and other similar collection technologies used by adjusting the settings on your browser or interface, commonly known as “Do Not Track” settings. All browsers and interfaces are different, so visit the "help" section of your browser or interface to learn about cookie preferences and other available privacy settings. You can manage how your mobile device and mobile browser share location information with Vermeer, as well as how your mobile browser handles cookies and related technologies by adjusting your mobile device privacy and security settings. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings. In general, Vermeer complies and requests that all of its service providers comply with your “Do Not Track” settings you select using your internet browser(s).

Subject to the specific terms of any particular agreement involving services that relate to the collection of Equipment Data, you can also opt out of sharing Equipment Data with Vermeer. You may terminate the collection of Equipment Data by asking your Vermeer dealer to terminate the collection of Equipment Data for your equipment. Please note that if you terminate data sharing for certain machines, you will no longer have access to the Equipment Data and may no longer be able to use certain products or services that require Equipment Data (such as Fleet Management and Digital Jobsite). Terminating the future collection of Equipment Data does not terminate the rights of Vermeer or its authorized dealers and distributors to use or share Equipment Data collected prior to such termination in accordance with this Privacy Policy.

Vermeer complies with applicable law regarding your ability to access, correct, delete, or exercise other rights over your Personal Information. If you have an online account, you may be able to log into your account to access and update certain information you provided to us. For Personal Information that is not linked to an online account, for assistance in opting out of communications, or if you need assistance updating or deleting your Personal Information, please contact us by email at [email protected]. You can also contact us using any of the means described in the How to Contact Us section below. If you send us a letter, please provide your name, address, email address, and detailed information about the change you would like to make.

For Persons in the EU and UK:

The European Union’s General Data Protection Regulation (“GDPR”) and the United Kingdom’s retained version of that legislation provide EU and UK data subjects the following rights:

In addition, to the extent that Vermeer processes any of your Personal Information on the basis of your consent, you have the right to withdraw that consent at any time. Doing so will not affect the lawfulness of processing that was based on your consent before its withdrawal. Please note that each of these rights may be subject to limitations or exceptions under applicable law. Consult your legal counsel for information about what rights are available to you and under what circumstances they apply. Please contact us using the contact information below for assistance in exercising your rights.

If you are a natural person in the EU or UK and at any time you believe Vermeer has violated one of your rights listed above, or if you believe Vermeer is in violation of one or more of the provisions of the EU or UK GDPR, you have the right to lodge a complaint with a Data Protection Authority. More information about the EU Data Protection Authorities can be found at https://ec.europa.eu/info/law/law-topic/data-protection/reform/what-are-data-protection-authorities-dpas_en. Information for persons in the UK can be found at https://ico.org.uk/.

For California Residents:

California Civil Code Section § 1798.83 permits California residents using our website to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please contact us using the information below.

The California Privacy Rights Act of 2020 grants California residents the following rights over their Personal Information: