PRIVACY POLICY

1. GENERAL

1.1 INTRODUCTION

This privacy policy tells you what you can expect from TVH Equipment regarding your personal data when you contact us or use one of our services. In what follows, we will tell you why we process your data, for what purpose we process it, why you need to provide it to us, and how long we store it. We also mention whether there are other recipients of your personal data, whether we intend to transfer it to another country, and whether we make automated decisions or use profiling.

When collecting and using this data, the organization is subject to a variety of legislation that controls how such activities can be carried out and what safeguards must be put in place to protect it.

The purpose of this policy is to record the relevant legislation and describe the steps TVH Equipment takes to ensure that this legislation is complied with.

This control applies to all systems, people, and processes that constitute the organization's information systems, including board members, employees, suppliers, and other third parties who have access to TVH Equipment's systems.

1.2 IDENTITY

TVH Equipment, with registered office at TVH Equipment NV, Mannebeekstraat 4, 8790 Waregem, RPR Ghent – Kortrijk division BE0414 262 650, registered in the Legal Entities Register, hereby validly represented by Kristof Coudenys.

Activities of TVH Equipment: TVH Equipment rents or sells new or second-hand machines and other types of equipment, including additional services, as requested by our customers, and offers VCA / IPAF / ... certified training courses.

1.3 GDPR (General Data Protection Regulation)

The General Data Protection Regulation (GDPR) is one of the most important pieces of legislation regarding how TVH Equipment carries out processing activities.

GDPR was transposed into Belgian law by the 'Law on the protection of personal data' of July 30, 2018. In this privacy statement, we describe the measures taken to ensure the protection of your personal data in accordance with the objectives and obligations arising from the General Data Protection Regulation (Regulation (EU) 2016/679 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) (hereinafter referred to as the "GDPR") and other relevant laws and regulations. In this explanation, we want to clearly inform you about how we protect your personal data within TVH Equipment.

TVH Equipment acts not only as a controller in the various processes and systems within TVH Equipment, but also as a processor when we deal with personal data of our customers that we process at their request. As a processor, a data processing agreement is provided in accordance with the legislation, which must be read and signed by both parties.

TVH Equipment, as controller and/or processor, will take the necessary technical and organizational measures to protect personal data. As a processor, we always provide support to the controller in accordance with our data processing agreement.

Significant fines can be imposed in the event of a breach within the framework of GDPR, which is intended to protect the personal data of citizens of the European Union. This policy of TVH Equipment ensures that our compliance with GDPR and other relevant legislation is clear and demonstrable at all times.

1.4 DEFINITIONS

1.4.1 Personal data

Any information relating to an identified or identifiable natural person ("data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

1.4.2 Processing

Any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

1.4.3 Controller

The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

1.4.4 Principles

Personal data shall be:

a) processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);

b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), not be considered to be incompatible with the initial purposes (‘purpose limitation’);

c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimization’);

d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);

e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organizational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);

f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures (‘integrity and confidentiality’).

The controller shall be responsible for, and be able to demonstrate compliance with paragraph 1 (‘accountability’).

1.5 STATEMENT

TVH Equipment will ensure that it complies with all the principles of the GDPR, both in current processing operations and when introducing new processing methods.

If you would like to know more about the organizational and technical measures that TVH Equipment takes to comply with the relevant legislation, please consult our Privacy Statement.

2. DATA TRANSPARENCY

2.1 WHAT PERSONAL DATA DO WE COLLECT AND HOW DO WE COLLECT IT?

We process various types of personal data relating to you that you provide to us yourself via our website or other communication channels.

“Personal data” includes any information about an identified or identifiable natural person. We receive and process data from customers/suppliers/partners/online or on-site visitors, etc. (i.e., data subjects) in the context of a collaboration or future collaboration (prospects).

When you visit our website, we collect and process:

Technical information related to the device you use, such as your IP address, browser type, geographic location, and operating system.
Information related to your browsing behavior, such as the time you spend on a page, which links you click, which pages you visit, and how often you visit a particular page.
Interest of a person to buy or rent a certain type of machine.
Statistical data on the use of the rented goods, the websites and the apps.

When you fill out our contact form or contact us, we collect and process:

The personal identification data you provide to us, such as your name, email address, phone number, organization.
The content of the message and its technical details (with whom of us you communicate, the date, time, etc.);
Any other personal data you provide to us.

When you negotiate, conclude, and execute an agreement with us, we collect and process:

Your personal identification data, such as your name, email address, employer, and function;
Your signature;
Any other personal data you provide to us during the term of the agreement.
Financial data.
Copy of identity card/driver's license (in specific cases).
Copy of the registration certificate of the vehicle used to collect the rented goods.

When you enter our buildings, we collect:

Visual material of the persons entering our buildings, recorded by the video surveillance systems.

When you rent our equipment, we collect the following technical data (only in connection with the connected machine) via GPS trackers:

Geolocation data: in particular the last known location, latitude and longitude of the location (for example, in case of theft);
Usage data: in particular the number of hours the machine has been used (for invoicing purposes), speed, distance…;
Data about parts: in particular the temperature of the engine coolant and engine oil, the pressure of the engine oil, ambient temperature, engine fault codes, transmission fault codes, fuel level...

This data is collected through devices and services made available to us and managed and maintained by the manufacturers of the machines or by specialized third parties established in the EU and the US. Therefore, their access to your personal data is inherent, and the security of your personal data is enforced by contractual agreements between us and them.

When we deliver certain products or services to you, we collect and process:

Your contact and billing information

2.2 WHY DO WE COLLECT PERSONAL DATA?

We collect your personal data to the extent necessary for the performance of a contract you have entered into with us or to take the necessary steps at your request to enter into a contract with us.
We need this data for our standard business operations and the provision of our services. In accordance with the GDPR, this corresponds to the “legitimate interest” and the “contractual obligation” of the controller.
All personal data (general identification data) is only used for the following purposes:

Business contacts via telephone, mobile phone, email, etc.
Providing services to your company and employees
Orders
Deliveries
Repairs and maintenance
Fleet management
Financial data
Price requests
Invoicing (both digitally and by email)
Geolocation
Checking creditworthiness
Newsletters, product catalogs, and information about our services, current topics, and business communications. You have the option to subscribe to or unsubscribe from these communications.
Sending marketing material from TVH Equipment.
Offering certified training courses.
Customer satisfaction surveys and market research, including questionnaires and/or interviews.
Collecting outstanding amounts.
Enforcing our legal rights to repossess the machines when the rental is terminated or when the sale is dissolved due to non-payment of the sale price.

2.3 WHY DO WE PROCESS YOUR PERSONAL DATA?

We process your personal data for a number of reasons, including to enable you to visit our websites and to communicate with us. In this article, we provide you with an overview of all the reasons why we process your personal data.

We process your personal data for the following reasons:

a) To be able to offer you the requested information, products, and services in a personalized and efficient manner;
b) To carry out statistical analyses and to improve our websites and services;
c) To be able to process and execute the agreement to which you or your company or employer is a party, including the related administration;
d) To be able to defend ourselves and our interests in legal proceedings;
e) For security reasons and to be able to detect, avoid, and report abuse;
f) To inform any third party in the context of a possible merger with, acquisition of/by, or demerger by that third party, even if that third party is located outside the EU;
g) To comply with our legal obligations and with any valid request from police, judicial, or governmental authorities.

To provide you with the best employment opportunities, we need to process certain information about you. We only ask for data that we believe will genuinely enable us to help you, such as your name, age, contact details, education details, work history, emergency contacts, immigration status, psychological profile, intellectual abilities, and social security number (and you are, of course, free to share other relevant information with us). Where appropriate and in accordance with local laws and requirements, we may also collect data related to your health, diversity in the workplace, or details of any criminal convictions.
We collect your personal data from third parties (for example, through business networks, job aggregators, and job site providers).
To the extent that you access our website or read or click on an email from us, we will also collect certain data automatically or through you providing it to us.
If you are a temporary worker, we collect your data:

From you; or
From third parties (for example, temporary employment agencies).

If you come to work for us as a temporary employee or if you are employed by us for a certain period, the main reason for using your personal data is to ensure the smooth running of our temporary relationship and to comply with contractual and other obligations towards each other and our clients, and to comply with our obligations towards third parties, such as tax authorities and government agencies.

2.4 LAWFUL PROCESSING OF YOUR PERSONAL DATA

The law requires us to clarify on which legal basis we rely to process your personal data (e.g., your consent). In this article, we indicate the legal basis we use for each purpose, as mentioned above.

Data protection legislation requires us to accurately specify the legal grounds on which we rely to legitimize the processing of your personal data. We must do this for each of the purposes mentioned in 2.3.

For the purpose under (a), we rely on your consent. For sending newsletters, advertising, promotions, and offers, we will always ask for your explicit prior consent, which you can withdraw at any time. You can unsubscribe in the emails we send you.

For the purpose under (g), we must process your personal data to comply with our legal obligations.

For the purposes under (b) to (f), we process your personal data because it is necessary for the pursuit of our legitimate interests, which in this case relate to:

monitoring the quality level of our websites and services;
being able to conduct our administration and services in a normal and professional manner;
gaining insight into how the websites are used;
our commercial interests in improving and expanding our customer relationships, activities, and services;
our interest in the context of safety and security.

2.5 WHO RECEIVES YOUR PERSONAL DATA?

We do not sell the personal data we have collected to third parties, nor do we disclose it to them, except in the cases described in this privacy policy or as communicated to you at the time of collection.

We may share personal data with affiliated entities or with third parties who process data on our behalf. When these service providers act as data processors on our behalf, we do not allow them to use or disclose this data in a manner inconsistent with the cases described in this privacy policy. We require these data processors to guarantee the privacy and security of the personal data they process on our behalf.

We may also disclose your personal data:

when certain legislation or a legal procedure obliges us to do so;
when government authorities oblige us to do so;
when we believe that the disclosure of this data is necessary and appropriate to prevent physical harm or any financial damage, or in connection with an investigation into suspected or actual fraudulent and illegal activities.

We reserve the right to transfer personal data in the event that we sell part or all of our business or assets, or if a reorganization occurs. If such a sale occurs, we will take all reasonable steps to encourage the acquirer to process the personal data provided to us correctly and in a manner consistent with our privacy policy.

For the processing of your personal data, we may use third parties who receive your data. We require these third parties, acting as processors, to process your data in accordance with our instructions and (security) standards. We record these agreements with each processor in a so-called data processing agreement.
Some of these processors may be located outside the EU. In that case, we ensure that we enter into additional agreements with these parties so that an adequate level of protection is guaranteed.

TVH Equipment will make reasonable efforts to inform you in advance of the fact that TVH Equipment discloses your data to the aforementioned third party, but you also acknowledge that this may not be technically or commercially feasible in all circumstances.

When we have selected you as a candidate for a job vacancy, we may share your data with one of our group companies and affiliated third parties (such as our service providers) to contact you about our services.
If you come to work for us as a temporary employee or if you are employed by us for a certain period, we may share your personal data with relevant colleagues within the TVH Equipment group (this may include colleagues from other offices/countries).

Access for third parties:

for the purpose of processing your personal data, we may allow third parties access to your personal data.
In that case, we guarantee the same level of protection as in accordance with this privacy policy by enforcing contractual obligations towards these employees and colleagues.

Social media:

Through the internet and (our own) social media channels, we engage in a dialogue with customers, users of our services/apps, and website visitors about our organization, products, and/or services. The aim of this is to provide useful and relevant information and/or answer questions asked via social media. We actively monitor the internet and social media channels, such as Facebook, Instagram, YouTube, LinkedIn, and blogs. We expressly reserve the right not to respond to every question or comment. No rights can be derived from our response or lack thereof to content.

When participating in web feeds and answering questions or responding to comments, we may collect (personal) data. Naturally, we process this data in accordance with this privacy statement. We are not liable for content posted by other users of social media channels or for how they handle personal data.

You are free to follow TVH Equipment via these social media channels or not.

2.6 HOW LONG DO WE RETAIN YOUR PERSONAL DATA?

We only store your personal data insofar as and for as long as necessary to achieve the purposes mentioned in point 2.3.

Your personal data will only be processed for as long as necessary to achieve the purposes stated in point 2.3 above or until you withdraw your consent for processing. We will de-identify your personal data when it is no longer needed for these purposes, unless:

There is an overriding interest of TVH Equipment or third parties in keeping your personal data identifiable;
A legal or regulatory obligation or a judicial or administrative order prevents us from de-identifying the data.

2.7 SECURITY AND CONFIDENTIALITY

TVH Equipment guarantees that the processing of your personal data is done in an adequate, correct, and secure manner. Appropriate technical and organizational measures have been taken to prevent any loss, falsification, or unlawful modification of, as well as unlawful access to, personal data.

3. DATA MANAGEMENT

3.1 RIGHTS OF DATA SUBJECTS

Data subjects also have rights under GDPR. These consist of:

the right to information;
the right of access;
the right to rectification;
the right to erasure;
the right to restriction of processing;
the right to data portability;
the right to object;
rights in relation to automated decision-making and profiling.

Each of these rights is supported by appropriate procedures within the client's company that make it possible to take the necessary measures within the deadlines set in the GDPR.
These timelines are shown below.

Data subject request	Deadline
The right to information	When data is collected (if provided by the data subject) or within one month (if not provided by the data subject)
The right of access	1 month
The right to rectification	1 month
The right to erasure	Without undue delay
The right to restriction of processing	Without undue delay
The right to data portability	1 month
The right to object	Upon receipt of the objection
Rights in relation to automated decision-making and profiling	Not specified

3.2 RIGHT OF ACCESS, RECTIFICATION, ERASURE AND PORTABILITY

By law, you can ask us what information we hold about you, and you can ask us to correct it if it is inaccurate. If we have asked for your consent to process your personal data, you can withdraw that consent at any time.

If we are processing your personal data for reasons of consent or to fulfil a contract, you can ask us to give you a copy of the information in a machine-readable format so that you can transfer it to another provider.

If we are processing your personal data for reasons of consent or legitimate interest, you can ask for your data to be erased.

3.3 RIGHT TO RESTRICTION OR OBJECTION

The data subject has the right to object to processing based on the following legal grounds:

For the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
For the purposes of the legitimate interests pursued by the controller.

After an objection has been made, TVH Equipment must justify the grounds on which the processing is based and suspend the processing until this has been done. When personal data are used for direct marketing, we have no choice but to stop processing the data.

3.4 CONSENT

The data subject has the right to withdraw his or her consent when the legal basis for the processing of his or her personal data is that of consent (i.e., the processing is not based on another justification permitted by the GDPR, such as contractual or legal obligation).

Before excluding the personal data of the data subject from processing, it must be confirmed that consent is indeed the basis of the processing. If not, the request may be rejected on the grounds that the consent of the data subject is not required for the processing. Otherwise, the request must be granted.

In many cases, giving and withdrawing consent will be available electronically, i.e., online, and this procedure is not required.

When consent relates to a child (defined in Belgium by the age of - 13 years), the giving or withdrawal of consent must be approved by the person holding parental responsibility for the child.

3.5 AUTOMATED DECISION-MAKING AND PROFILING

The data subject has the right not to be subject to automated decision-making when the decision has a significant effect on him or her, and can, where necessary, insist on human intervention. The data subject also has the right to express his or her point of view and to contest decisions.

There are exceptions to this right, namely if it concerns a decision:
- necessary for an agreement
- legally permitted
- based on the explicit consent of the data subject.

When assessing such requests, it should be assessed whether the aforementioned exceptions apply in the specific case in question.

3.6 REQUEST

To submit a request regarding your personal data by e-mail, you can use the following e-mail address privacy@tvhequipment.com.

4. DATA GOVERNANCE

4.1 COMPLIANCE

We have effective technical, organizational, and physical safeguards in place to protect your personal data against accidental or unlawful destruction, accidental loss, unauthorized alteration, disclosure or access, misuse, and any other unlawful processing of the personal data we hold.

The security measures taken vary depending on the type of data processed and how it was collected and/or stored. When you provide certain personal data online, we use Secure Socket Layer (SSL) technology that meets the industry standard for encryption on the internet. This technology protects the personal data you provide by making all data sent from your computer to our server inaccessible. We also use digital certificates to ensure that you are connected to secure channels.

4.2 COMPLAINTS

Have you fully reviewed our privacy policy but still haven't found an answer to your question? If so, please submit your privacy-related question via privacy@tvhequipment.com. We will answer your question as soon as possible.

In addition, TVH Equipment also has a Data Protection Officer (DPO). This person oversees the protection of your data at TVH Equipment. Our DPO will be happy to assist you via privacy@tvhequipment.com.

If you do not receive an answer or are not satisfied with the answer you received, you have the right to lodge a complaint with the supervisory authority.

In Belgium, this is the "Data Protection Authority (DPA)". More information about this can be found on their website.

Data Protection Authority
Drukpersstraat 35, 1000 Brussels
+32 (0)2 274 48 00
+32 (0)2 274 48 35
contact@apd-gba.be
www.gegevensbeschermingsautoriteit.be

4.3 AMENDMENTS

This privacy policy may be amended if our services or the applicable legislation so require. This means that we are constantly looking for better service tailored to your needs. It is possible that new applications will emerge in which we will collect or wish to use your data in a different way. Naturally, we will inform you when there are significant changes and ask for your consent if necessary.

PRIVACY POLICY

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