MCLAUGHLIN, A VERMEER COMPANY
What Types of Information and Data Does McLaughlin Collect, and When Does It Collect This Data?
McLaughlin 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 McLaughlin.
“Personal Information” is information that can be used to identify, locate, or contact you as a natural person, as well as other information about you that we tie to Personal Information. Personal Information that we collect includes, but is not limited to, the following types of information:
- “Contact Information” that allows us to identify and communicate with you, such as your name, phone number, address, email, and language preferences.
- “Relationship Information” that helps us understand who you are and what you want in order to offer you products and services that may interest you.
- “Transactional Information” about how you interact with us, our dealers and business partners, including purchases, services you request, customer service inquiries, and customer account information.
- “Financial Account Information” as needed to complete your purchases, such as credit card information and information about equipment financing and leasing activities.
“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:
o Operation-specific data, such as location data, when kept in a non-identifiable way; and o The name, form, and contact details of legal persons.
“Equipment Data” is data generated by, collected by, or stored in your equipment or any hardware or device interfacing with your equipment. Equipment Data includes the following information about your equipment: location, engine hours, fuel consumption, diagnostic information, and other equipment operation and status data.
“Operational Data” is data about how McLaughlin 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 McLaughlin equipment. It may also include information or data that is input by a customer into a system or service provided by McLaughlin. Accessories incorporated on the equipment include services, hardware, and software purchased or licensed by McLaughlin from third parties for incorporation in, with, or on McLaughlin equipment. McLaughlin equipment also includes certain equipment that is branded as “McLaughlin” or otherwise sold by McLaughlin or its dealers for use with other McLaughlin equipment.
In addition to the methods described above, Personal Information, Non-Personal Information, Equipment Data, and Operational Data may be collected by McLaughlin from its authorized dealers and distributors as part of its standard business operations, to provide services to the authorized dealers and distributors, and as otherwise agreed pursuant to agreements between McLaughlin and such authorized dealers and distributors.
When data is described as “anonymized,” it means that the data is no longer associated with a particular person. When data is described as “aggregated,” it means that such information has been combined with other data in such a way that no person can be identified or linked to any specific action or information.
How McLaughlin Uses Your Information (the “Purposes”)
- 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, 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, and recalls.
- Marketing and Surveys. To communicate offers for products and services from McLaughlin or its dealers, suppliers, or partners, including offers based on your interests, personal and business
characteristics and your location; to administer surveys, polls, sweepstakes, contest, loyalty programs and other promotional events; and to provide other information which may be of interest to you, such as McLaughlin company news, catalogs, announcements, reminders, and technical bulletins. Please contact us if you would not like to be contacted by McLaughlin for marketing purposes without being asked. We will provide you with the opportunity to opt-out of marketing information or market research inquiries.
- General Business Purposes. To provide and accomplish standard business tasks, such as payment processing, financial account management, product development, product safety, 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.
These Purposes may be necessary for McLaughlin to perform a contract to which you are a party, comply with a legal obligation to which McLaughlin is subject, protect the vital interests of McLaughlin or the interests of another natural person, or otherwise pursue legitimate business purposes and objectives of McLaughlin. McLaughlin may obtain 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, McLaughlin 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.
Because Non-Personal Information does not personally identify you, McLaughlin may use and disclose Non-Personal Information for any purpose. In some instances, McLaughlin may combine Non-Personal Information with Personal Information (such as combining your name with your location data). If McLaughlin combines any Non Personal Information with Personal Information, Vermeer will treat the combined information as Personal Information.
In addition, McLaughlin reserves the right to use 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.
When Will McLaughlin Disclose Your Information, and Who May Receive It?
McLaughlin 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, including Vermeer Corporation, 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 affect the sale or transfer of business assets, to enforce our rights, 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.
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, McLaughlin 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 McLaughlin Keep your Information?
McLaughlin keeps different kinds of personal data for different lengths of time, depending on the Purposes for which they are processed and the unique circumstances of your situation. McLaughlin will hold 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 (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.
McLaughlin 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.
Your Choices and Data Control
You can limit the information you provide to McLaughlin. You can also limit the communications that McLaughlin sends to you. To opt-out of marketing emails, you can contact Vermeer Corporation’s Senior Data Strategy Manager at [email protected] and indicate that you would like to opt-out of marketing communications from McLaughlin. 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 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 privacy settings that may be available. You can manage how your mobile device and mobile browser share location information with McLaughlin, 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).
McLaughlin 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 assisting 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 write us at the address 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 EU Residents:
The General Data Protection Regulation (“GDPR”), particularly Articles 15 to 21, affords you a number of rights as a data subject. McLaughlin encourages you to read and learn about those rights on your own. However, the following will help you to begin to understand those rights.
- The Right to Access: This allows you to request from McLaughlin information about your Personal Information, including what data McLaughlin has and how and why it is being processed.
- The Right to Rectification: In the event that some or all of the Personal Information that McLaughlin has concerning you is inaccurate, this gives you the right to have those inaccuracies rectified.
c. The Right to Erasure: In some cases, you may have the right to request that McLaughlin erase your Personal Information that it has in its possession.
- The Right to Restriction of Processing: This gives you the right, in some circumstances, to have McLaughlin process your Personal Information only with your consent.
- The Right to Object to Processing: Where McLaughlin is processing your Personal Information on the grounds of its legitimate interests, or to carry out tasks in the public interest or to exercise official authority, you have a right to object to the processing on grounds relating to your particular situation. In cases where you object to McLaughlin’s processing of your personal data for direct marketing purposes, the processing will cease.
- The Right to Data Portability: This allows you to request from McLaughlin a copy of your Personal Information that it has on file and to transfer that information to someone else without any interference from McLaughlin. In some cases, you may be able to request that McLaughlin transfer your Personal Information directly to a third party on your behalf.
In addition, to the extent that McLaughlin 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.
If you are a natural person residing in the EU and at any time you believe McLaughlin has violated one of your rights listed above, or if you believe McLaughlin 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
McLaughlin has implemented an information and data security program that contains administrative, technical and physical controls that are designed to reasonably safeguard Personal Information, Equipment Data, and Operational Data.
Transfer of Information, Transfers to Other Countries
Privacy Policies of Third Parties
McLaughlin 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, McLaughlin’s 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.
Amendments and Changes
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.
How to Contact Us
Attn: Privacy, Legal Department 1210 Vermeer Road East
Pella, IA 50219 USA
Last Updated: June 1, 2018