McLehaney Equipment Company

VERMEER CORPORATION

DATA PRIVACY POLICY

This Privacy Policy describes how Vermeer Corporation and its controlled affiliates (“Vermeer”) collect, use, and disclose information that 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 into with Vermeer regarding your data, please contact us at [email protected].

This Privacy Policy generally applies 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 However, this Privacy Policy is subordinate to and superseded by any specific terms and conditions set forth in any terms of use, end user license agreements, or other agreements with Vermeer related to a particular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. It is also important to note that 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, which 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 types of Personal Information, Equipment Data, and Operational Data. We collect this information when you provide it to us (whether directly, through our dealers and/or representatives, or from Vermeer equipment) or when you use certain services provided by Vermeer.

"Personal Information" is any information that relates to, describes, is reasonably capable of being associated with, or could reasonably be linked 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 that we 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.

“Non-Personal Information” is any information that does not identify a natural person and is not identifiable to a natural person, such as:

• Cookies and other tools used in a non-identifiable way;
• Anonymized information;
• Aggregated information; and
• • 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 can include the following information about your equipment: location, engine hours, fuel consumption, diagnostic information, and other equipment operation and status data. Telematics hardware or other devices 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. 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.

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 in such a way that no one person can be identified or linked to any specific action or information.

How Vermeer Uses Your Information (the "Purposes")

Subject to the limitations and other rights set forth in this Privacy Policy, Vermeer may use your Personal Information and Equipment 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 contact us 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 of Vermeer. Vermeer may seek your consent to process your Personal Information or Equipment 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 may 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. In some instances, Vermeer may combine Non-Personal Information with Personal Information (such as combining your name with your location data). If Vermeer combines any Non-Personal Information with Personal Information, 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 identifiable information.

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

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

• We may share Personal Information, Equipment Data, and Operational Data with 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 share Personal Information, Equipment Data, and Operational Data with 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 only use it 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 the Personal Information of particular customers and other individuals varies based upon the nature and circumstances of those individuals’ relationships with Vermeer. With respect to a specific customer, 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 so 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.

As noted above, Vermeer reserves the right to use and disclose anonymized and aggregated Personal Information, Equipment Data, and Operational Data 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 identifiable information.

How Long Will Vermeer Keep your Information?

Vermeer keeps different kinds of Personal Information for different lengths of time, depending on the Purposes for which it is processed 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 the Vermeer data-retention policy 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. An IP address is a unique identifier 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 and Data Control

You can limit the information you provide to Vermeer. You can also limit the communications that 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 by email to [email protected] (or by 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, and delete 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 via 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:

The General Data Protection Regulation (“GDPR”) provides EU data subjects several privacy rights. Those rights include the following:

1. The Right to Access: Allows you to request information from Vermeer about your Personal Information, including what data Vermeer has and how and why it is being processed.
2. The Right to Rectification: Allows you to correct or supplement your Personal Information where it is inaccurate or incomplete.
3. The Right to Erasure: Allows you to request that Vermeer erase Personal Information about you that we have in our possession.
4. The Right to Restriction of Processing: Allows you to restrict Vermeer’s use of your Personal Information so that it is only processed with your consent.
5. The Right to Object to Processing: Allows you to object to Vermeer’s processing of your Personal Information carried out on the basis of its legitimate interests, to carry out tasks in the public interest, or to exercise official authority. In cases where you object to Vermeer processing of your Personal Information for direct marketing purposes, the processing will cease.
6. The Right to Data Portability: Allows you to request from Vermeer a copy of your Personal Information that it has on file and to transfer that information to someone else without any interference from Vermeer. In some cases, you may be able to request that Vermeer transfer your Personal Information directly to a third party on your behalf.

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, without affecting 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 residing in the EU 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 GDPR, you have the right to lodge a complaint with a Data Protection Authority. More information about the 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 and Data Security

Vermeer has implemented an information and data security program that contains administrative, technical and physical controls designed to reasonably safeguard Personal Information, Equipment Data, and Operational Data.

International Transfers of Information

Vermeer is headquartered in the United States of America, and its controlled affiliates and independent authorized dealers are located in countries throughout the world. Personal Information, Equipment Data, and Operational Data may be accessed in or transferred to the United States or to our controlled affiliates, authorized dealers, and data processors elsewhere in the world for the Purposes described in this Privacy Policy. When we access or transfer Personal Information, Equipment Data, or Operational Data, we do so in compliance with applicable law. Additionally, we protect the privacy and security of Personal Information, Equipment Data, and Operational Data in the manner described in this Privacy Policy, regardless of where it is processed or stored.

Personal Information that we receive in the United States concerning persons in the European Union is transferred subject to appropriate safeguards, including the European Union’s standard contractual clauses for the transfer of personal data to third countries. A copy of these clauses is available upon request, free of charge. To request a copy of the standard contractual clauses, please contact us using the information provided below.

Privacy Policies of Third Parties

This Privacy Policy only addresses the collection, use, and disclosure of information and data by Vermeer and its controlled affiliates. Other websites that may be accessible through this website have their own privacy policies and practices. Our independent dealers, suppliers, and business partners have their own privacy policies and practices, as well. We encourage you to familiarize yourself with the privacy statements provided by all such third parties prior to providing them with information or taking advantage of an offer or promotion.

Children’s Privacy

Vermeer does not intend to collect Personal Information from children aged 18 and under on our website. If you believe that your child is using our website, please contact us at [email protected] so we can investigate and delete any inappropriate information.

Forums and Plug-Ins to Social Media and Other Third-Party Services

Our website may contain forums, bulletin boards, and other areas where you can publicly post product reviews, communicate with others, and submit media content. You have no privacy rights in any public postings. All information you post will be accessible to anyone with internet access, and any Personal Information that you include in your posting may be read, collected, and used by others. For example, if you post your email address along with a product review, you may receive unsolicited messages. Use caution and good judgment when posting any Personal Information.

In addition, Vermeer websites may also contain links, plug-ins, APIs, and other tools that enable you to share content on our website or your own content through third-party social media or other services (such a Facebook, Twitter, Google+, and other services). All use of such third-party services, including through links found on our website, shall be considered public information and shall be subject to the terms and conditions of such third-party services.

In addition, Vermeer websites and software products may incorporate certain mapping software and documentation developed by Google, Inc. and licensed to Vermeer. Customer acknowledges and agrees that its use of such mapping software and documentation is subject to Google’s Privacy Policy, which can be found at http://www.google.com/policies/privacy.

Amendments and Changes

This Privacy Policy may be amended and updated from time to time to reflect new or different privacy practices. We will place notice on our homepage when we make material changes to this Privacy Policy. Additionally, if the changes will materially affect the way we use or disclose previously collected Personal Information, we may also notify you about the change by sending an electronic notice to you (if we have your email address).

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our website that are California residents 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.

Consumers’ Rights: The California Consumer Privacy Act of 2018 (California Civil Code, §§ 1798.100–199) grants California residents the following rights over their Personal Information:

• The Right to Know: From a business that collects, sells, or discloses Personal Information about a California resident, an individual may request and have disclosed: 1) the categories of Personal Information collected about him or her, 2) the categories of sources from which the Personal Information was collected, 3) the business or commercial purposes for which the Personal Information was sold or disclosed to third parties, if any, 4) the categories of third parties with whom the Personal Information has been shared, and 5) the specific pieces of Personal Information collected about him or her. The information disclosed must cover the preceding 12-month period. This information will not be disclosed unless upon receipt of a verifiable request.
• The Right to Non-Discrimination: California residents have the right not to be discriminated against for exercising their rights under the California Consumer Privacy Act. Discrimination includes, but is not limited to:
  • Denying goods or services to the individual.
  • Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties.
  • Providing a different level or quality of goods or services to the individual.
  • Suggesting that the individual will receive a different price or rate for goods or services or a different level or quality of goods or services.
  • *Please note that discrimination does not include offering a different price, rate, level, or quality of goods or services to individuals who have exercised their rights if the difference in offering is directly related to the value provided to the business by the individual’s data.
• Right to Notice of Financial Incentives: California residents whose Personal Information Vermeer collects have a right to be notified of any financial incentive programs available to them from Vermeer related to the collection, sale, or deletion of Personal Information. An individual must consent and opt into any such financial incentive program before being enrolled and has a right to receive from Vermeer a clear description of the terms of the program. Consent to enrollment in any financial incentive program may be revoked at any time.
• Right to Request Deletion of Personal Information: California residents have a limited right to request that a business delete any Personal Information about them which the business has collected from or maintains about them.
• The Right to Opt-Out of Sales of Personal Information:California residents have the right, at any time, to direct a business that sells Personal Information about them to third parties not to sell their Personal Information. Vermeer does not sell its customers’ Personal Information to third parties.
• The Right to Opt-In (for minors): California residents less than sixteen years of age have the right to have businesses refrain from selling their Personal Information to third parties without their consent, or, for California residents less than thirteen years of age, without the consent of their parents. Vermeer does not intend to collect Personal Information about persons younger than sixteen years of age and does not sell its customers’ Personal Information to third parties.

Submitting a Request: To fulfill a request to exercise any of the rights above, Vermeer must receive a verifiable request from you or someone authorized to submit the request on your behalf. To submit a request, please contact us using any of the means described in the “How to Contact Us” section below.

To prevent fraudulent requests and unauthorized use of Personal Information, Vermeer may request additional information to help verify your identity before processing a request, such as a copy of your driver’s license, passport, or other government-issued identification. You may obscure parts of the document (e.g., ID number), as long as the remaining information identifies you. You may also obscure identifying photographs, except when requesting access to data that includes photographs of you. If no such document is available to you, that information should be included in your initial request so that Vermeer can work with you to promptly verify your identity by other means. Vermeer Corporation will use this information solely to help document the authenticity of your request. Vermeer will maintain records of all requests for at least 24 months, as required by the California Consumer Privacy Act.

Authorized Agents: If you wish to appoint another person to submit a request on your behalf, Vermeer must, in addition to verifying your identity and the identity of your appointee, receive a copy of a document signed by you, authorizing your appointed agent to make the request on your behalf.

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

Sales and Disclosures of Personal Information: Vermeer does not sell its customers’ Personal Information to third parties, including Personal Information of customers under 16 years of age, and has not made any such sales in the past 12 months.

In the past 12 months, Vermeer has disclosed Personal Information for business purposes. For more information about these disclosures, see the section of this Policy above, titled “When Will Vermeer Disclose Your Information, and Who May Receive It?”

Accessibility

Persons with disabilities who may require access to this document in an alternative format should contact Vermeer using any of the means described below.

How to Contact Us

If you have questions or comments about this Privacy Policy or any of our privacy practices, or if you wish to submit a request to exercise your privacy rights, you can contact us at [email protected]. You may also submit requests to us by calling our toll-free number, +1 (800) 829-0051, or by clicking here. Finally, you can reach us via mail at the following address:

Vermeer Corporation

Attn: Privacy, Legal Department

1210 Vermeer Road East

Pella, IA 50219 USA

Last Updated: September 21, 2022