The Terex Privacy Policy

We are pleased about your interest in Terex Corporation (“Terex” or the “Company”) and that you have taken the time to visit our website. When you make use of our website, protecting your data and safeguarding your personal information is important to us.

 

You can review, download and print this Privacy Statement online at any time by visiting www.terex.com. Changes in the law or changes within our corporate policies may require that we adjust our Privacy Statement accordingly.

 

Scope

The Terex Privacy Policy (the “Policy”) outlines Terex general practices in connection with the collection of personal data. It applies to Terex operations, divisions and subsidiaries, and to the content of websites owned by Terex.

 

1. What is personal data?

Personal data refers to information that can be used to identify any person who Terex relates with  (e.g. name, address, telephone number, date of birth or e-mail address). Information that does not allow us to establish a direct connection to you as a person (or only with a disproportionate amount of time and effort), e.g. anonymous information, is not considered personal data.

 

2. What kind of personal data do we collect and process?

 

2.1.   Website

 

We only process and use personal data if it is necessary for operating our website and providing you the services offered on our website.

 

When you access and use our website, we only collect the personal data that your browser automatically transmits to our server (IP address, date and time of access, name and URL of the retrieved file, website from which access is made, the used browser and, if applicable, the operating system of your computer as well as the name of your access provider). This information is temporarily stored in a so-called log file.

 

The legal basis for processing the above referenced data is Art. 6 para. 1 GDPR as it is necessary for the provision of our services and protects a legitimate interest of our Company.

 

2.2.   Contact Information Form

 

If you complete a contact information form that we offer on one of our Company websites or at a trade show, we will ask for your

 

  • Name,
  • Your e-mail address and
  • City, Country, Postal Code

 

You may choose to provide us with this information or decline to do so. However, without these details, we may not be able to fulfill your request. Any other information you wish to provide on the contact form is at your discretion.

 

This data processing is based on Art. 6 para. 1 b) GDPR.


 

2.3.   E-mail request

 

If you send us an e-mail, the personal data you provide will be used only in our correspondence with you. We will ask for your consent before using your personal information for other purposes.  The only processed data category is e-mail address. The legal basis for processing is Art. 6 para. 1 b) GDPR.

 

We will delete your information as required by law. 

 

2.4.   Newsletter

 

On our website you can register for our newsletter using your email address.  If you provide your email address, we will use it to contact you personally about product spotlights, job case studies, parts promotions, company news and other marketing communications on a regular basis.

 

The legal basis for collecting, storing and processing your personal data is freely given consent according to Art. 6 para. 1 a) GDPR. If you have given your consent, you will receive our newsletter.

 

Your e-mail address will be deleted in accordance with applicable law.

 

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

 

2.5 Telematics

 

If our equipment that includes a telematics system is sold under agreement with the separate Telematics Terms of Use (“Terms of Use”), the telematics system is administered by a third party (“Teleservice Provider”) and collects a range of operational data about the equipment including, but not limited to, condition, usage, performance and reliability. Terex obtains this data to display it to the customer in the telematics web application so that the customer can get an overview of the performance and maintenance status of the equipment used in the operation. Regarding the underlying terms of use (“Terms of use”), the legal basis for the processing of the data generated during the use of the account is Art. 6 para. 1 b) GDPR in conjunction with the legitimate interest (of the Customer) within the meaning of Art. 6 para. 1 f) GDPR to make the telematics data available exclusively to users authorized by the Customer Company and to treat the equipment data confidentially as internal company information to this extent ("Client Separation"). The storage period of the account data amounts to the duration of the individual authorization by the "owner" on the part of the customer, who continuously administers the users authorized to access the telematics data. The account data is deleted accordingly when the individual authorization expires (e.g. when an employee leaves the customer company). While access to the web application is secured via a personalized account, Terex does not establish a link between the equipment data itself and the vehicle operators in charge of the equipment, whose identity is unknown to Terex.

Terex uses the product-related telematics data of the equipment for its own purposes for warranty, for product improvement based on the analysis of any sources of problems, as far as possible for marketing purposes in relation to its own goods and services and, where appropriate, as part of the accompanying customer support. Terex may also collect, manage and report data (personal and non-personal) about the equipment including, but not limited to, fuel consumption, up/down times, operation, defects, parts replacement, movement and location. Your use of any telematics services, equipment or data shall be subject to the current version of the Terex Telematics Terms of use at https://www.terex.com/en/products/telematics-tou.

 

2.6 Terex Financial Services

 

We collect your personal information so that we can consider any application you make to us, establish and administer the financial product or service provided to you, provide services to you in relation to that product or service, perform administrative functions, conduct customer satisfaction research, improve our products and develop new products, assist you to manager your debts, provide information about you to a guarantor or prospective guarantor, and so that we and our related parties and corporate partners can tell you about other products and services you may be interested in.

In certain circumstances, we may also be required to collect sensitive information about your health, for example when you make an application for assistance with financial hardship caused by illness or injury.  We may collect this information from third parties, for example a doctor or a hospital.

 

Further, we may collect and use your personal information to comply with legislative and regulatory requirements. We will need to know:

 

  • Your name, date of birth, address and occupation;
  • If we open an Account for you, details of the name of the Account, whether the Account will be    held in trust, and details of all signatories to the Account; 
  • Details of your beneficial owners including name, address and date of birth.
  • Any other name by which you or any signatories may be known (such as a maiden name); and
  • In the case of a lending facility, enough information to enable us to assess your ability to repay the facility

 

In the case of a lending facility, enough information to enable us to assess your ability to repay the facility

If you do not provide us with the information we request or authorize us to collect this information from third parties, we may not be able to provide you with the financial products and services that you have requested.

Where possible, we will collect your personal information directly from you.  However, we may also be required to collect personal information (including credit information and credit eligibility information) about you from a third party, for example to verify information provided by you to us or to assist us to contact or locate you.  These parties may include other credit providers or financial institutions, your representatives such as financial advisers or accountants, your insurers, publicly available sources (e.g. telephone directories), brokers, referrers or other intermediaries, our corporate partners or agents, government agencies and credit reporting bodies.

From time to time we may receive information that we have not asked for about you from third parties. We will only keep, use and disclose this information as permitted by law.

 

2.7   eCommerce

When you register for and/or place an order with Terex through one of our eCommerce platforms, either directly or with the assistance of a Terex Customer Support Agent, we collect personal information relevant to your user account and the ordering process. 

  • Name
  • Email Address
  • Shipping and Billing Addresses – City, Country, Postal Code
  • Phone Number
  • Account Name / Number


3. What do we use your personal data for?

 

Terex will use personal data only in ways that are compatible with the purposes for which it was collected or subsequently authorized by you, in compliance with applicable data privacy regulations, including, but not limited to, the General Data Protection Regulation (GDPR) and the Brazilian General Data Protection Act – Federal Act No. 13,709/2018. Terex will take reasonable steps to ensure that personal data is relevant to its intended use, accurate, complete and current.

 

WE DO NOT SELL, RENT, OR SHARE PERSONAL DATA WE COLLECT DIRECTLY FROM YOU OR ABOUT YOU FROM THIRD PARTIES.

 

We use your personal data solely to provide you with an extensive range of services. Specifically, we may use your personal data to help complete a transaction or order, facilitate communication, deliver and bill for products/services, and to provide ongoing service and support.

 

If you become a Terex customer, we may use your personal information for marketing purposes related to our services and products, including but not limited to transmitting your personal information to third parties to perform market research such as customer satisfaction surveys and analysis. We only transfer your personal information to third parties outside of the European Union if an adequate level of data protection has been ensured. You can unsubscribe from our marketing research by contacting the Terex Data Protection Officer.

 

Terex may also share personal information with our service providers and suppliers, for the sole purpose and only to the extent needed to support your business needs. Service providers and suppliers are required to maintain the confidentiality of personal information received from Terex and may not use such information for any purpose other than as originally intended.

 

The legal basis for collecting, storing and processing your personal data is due to our legitimate interest in ensuring your satisfaction with our products and services. 

 

4.  Where is your personal data transferred?

 

The Terex Corporation website is hosted in the United States.  If you are accessing this website from the European Union or any other region, please be advised that through your use of this website, your personal data might be transferred to the United States. Terex has implemented the Standard Contractual Clauses (“SCC”) approved by the European Commission for the transfer of personal data outside of the European Economic Area (“EEA”) to the U.S. This applies to data transfers that take place within the Terex group of companies as well as with external service providers. 

 

5.  Anonymous usage data

 

We do not create personal user profiles. We only store personal data in an anonymous form on our servers. This data allows us to provide a variety of services or will be used for evaluation purposes. Only general information is logged, such as at the time content was retrieved from our pages or which pages are visited most frequently.

 

6.  Third Party Integration, Services, and Tracking

 

We understand you value a personalized browsing experience. To achieve this, we work with trusted partners to gather information about your visit. This includes things like your browsing history and the types of ads you interact with. This allows us, and our partners, to show you ads relevant to your interests, both on our website and elsewhere online. We use cookies, a common technology, to collect this data. These cookies help us tailor your experience by understanding your preferences. It's important to note that this data may be used to link your devices for a more seamless experience. For more details on how we use cookies and your privacy options, please visit our Cookie Disclosure.

 

Find out more in our Cookie Declaration:  https://www.terex.com/cookie-declaration?culture=en

 

7.  Social Media Links

 

We also integrate social media sites into our website. The integration takes place via a linked graphic of the respective site. The use of these graphics stored on our own servers prevents the automatic connection to the servers of these networks for their display. Only by clicking on the corresponding graphic will you be forwarded to the service of the respective social network.

 

Once you click, that network may record information about you and your visit to our site. It cannot be ruled out that such data will be processed in the United States.

 

Initially, this data includes such things as your IP address, the date and time of your visit, and the page you visited. If you are logged into your user account on that network, however, the network operator might assign the information collected about your visit to our site to your personal account. If you interact by clicking Like, Share, etc., this information can be stored on your personal user account and possibly posted on the respective network. To prevent this, you need to log out of your social media accounts before clicking on the graphic. The various social media networks also offer settings that you can configure accordingly. 

 

8. Technical and organizational measures in order to protect personal data stored on our website

 

Any personal information you entrust to us via our website or in your e-mail correspondence with us is safe. We undertake all reasonable commercial efforts to protect your privacy and your personal information.

 

We take commercially appropriate technical and organizational security measures to prevent any loss or misuse of the personal data that we store. We review these measures regularly and keep them up to date with advances in technology.

 

Because of the structure of the Internet it is possible that data protection rules and the safety precautions described above may not be observed by other individuals or institutions outside of our control. Data provided in unencrypted form - even if such is sent by e-mail - may be read by third parties. We have no technical influence over this. It is the user's responsibility to assure that the data provided is protected against misuse either by encryption or in another form.

 

9.  Hyperlinks to third-party websites

 

We have hyperlinks on our web pages that link to websites of other service providers. If you activate these hyperlinks, you will be directed from our website to the website of the other service provider. You will recognize this by the change in the URL address.

 

We cannot be held responsible for assuring that your personal data is treated with same degree of confidentiality by these third parties. It is beyond our control whether these companies adhere to data protection regulations. This applies in particular to www.facebook.com; www.twitter.com; www.pinterest.com; www.youtube.com; www.linkedin.com.

 

10.  Your Rights as a Data Subject

 

If your personal data are processed, you are a data subject within the meaning of the General Data Protection Regulation (GDPR), the Brazilian General Data Protection Act (LGPD) or other applicable laws and the following rights apply to you (subject to applicable law):

 

Right of Access. You can request information about your personal data that is processed by us.

In particular, you may obtain information about the purposes of processing, the categories of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to correction, deletion, restriction of processing or objection, the right to lodge a complaint with a supervisory authority, the origin of your data, if not collected from us, transfer to third countries or international organizations, and the existence of automated decision-making, including profiling and, where applicable, meaningful information about the logic involved.

 

Right to Rectification. You can immediately demand the correction of incorrect or incomplete personal data stored with us.

 

Right to Erasure. You may request the deletion of your personal data stored by us, provided that the processing is not necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims.

 

Right to Restriction of Processing. You can request the restriction of the processing of your personal data if you contest the accuracy of the data, if the processing is unlawful and if we no longer need the data but you need the data to establish, exercise or defend legal claims.

 

Right to Data Portability. You may request that the personal data you have given to us are provided to you in a structured, current and machine-readable format or you may request that it be transmitted to another party.

You can withdraw your consent at any time. Therefore, we will no longer be allowed to continue processing your data without obtaining your consent in the future.

 

You have the right to complain to a supervisory authority. You can contact the supervisory authority of your residence, place of work or our Company headquarters.

 

Right to Withdraw a Consent. You may revoke a consent previously given to Terex whenever a data process is based on this circumstance. Nevertheless, Terex will be legally authorized to keep the data in these situations in order to comply with a legal or regulatory obligation.

 

You can exercise these rights by contacting the Terex Data Protection Officer.

 

11.  Right to Object

 

You have the right to object to the processing of your personal data pursuant to Art. 21 GDPR, Art. 18, §2° LGPD or other applicable law provided there are reasons arising from your particular situation.

 

Please send your objection to the Terex Data Protection Officer.

 

12.  Disclosure about the personal data we store/deletion

 

We only store the personal details that you provided for the length of time permitted by law.

 

Upon request, we would be happy to disclose to you which of your personal details we have on file. If, despite our attempts to store correct and up-to-date information, the personal data we have on file is incorrect, we will take steps to correct it immediately. Should you request that we delete the personal data we have stored, once we receive your request, we will delete this data immediately. If it is not possible to delete this information for legal reasons, we will block the data where required by law. However, keep in mind that if your personal data is deleted, we will be unable to continue offering the services described herein unless you request services as a later date. In any of these cases, please contact the Terex Data Protection Officer.

 

13. Minors

 

Terex does not knowingly collect personal data from persons under the age of 14. If Terex determines that a person with respect to whom it has collected personal information is under the age of 14, Terex will promptly delete or destroy that information. 

 

14.  Data Protection Officer

 

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

 

Data Protection Officer

Terex Corporation

301 Merritt 7, 4th floor

Norwalk, CT 06851

USA

data.privacy.@terex.com  

 

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

 

Cybersecurity Office

Terex Corporation

301 Merritt 7, 4th floor

Norwalk, CT 06851

USA

ralph.carey@terex.com

 

15. General Terms

 

For the purposes of this statement, "We" shall include ourselves and our members, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.

 

All reasonable measures have been taken to ensure the quality, reliability, and accuracy of the information on this website. However, we:

 

  • may delete, add to, or amend information on this website without notice, and
  • are not responsible for the content of other websites linked to, or referenced from, this website.

 

The services, information, software or data (collectively, "Information") made available at this website are provided "AS IS", without warranties of any kind.

 

We expressly disclaim any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. We shall have no liability in connection with the services including, without limitation, any liability for damage to your computer hardware, data, information, materials and business resulting from the Information or the lack of information available on this website. Specifically, we shall have no liability for:

 

  • Any loss or injury caused, in whole or in part, by our actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information;
  • Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
  • Any decision made or action taken or not taken in reliance upon the Information furnished hereunder.

 

We make no warranty, representation or guarantee as to the content, sequence, accuracy, timeliness or completeness of the Information or that the Information may be relied upon for any reason. We make no warranty, representation or guaranty that the Information will be uninterrupted or error free or that any defects can be corrected.

 

Under no circumstances shall we be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Information, or from the use of the Internet generally.

 

© 2024 Terex Corporation. All Rights Reserved.

 

CHINA ADDENDUM

 

This China Addendum to the Terex Privacy Policy (the “Policy”) applies when our collection and processing of your personal data is subject to the applicable Chinese data protection legislation. The terms set out in this China Addendum are in addition to the terms set out in the Policy and form an integral part of the Policy. In the event of any conflict or inconsistency between the Policy and the terms of this China Addendum, this China Addendum shall govern and prevail for the personal data processing that is subject to Chinese data protection legislation.

 

  1. What is personal data and sensitive personal data?


    Under China’s Personal Information Protection Law (the “PIPL”), personal data refers to “all kinds of information related to identified or identifiable natural persons recorded by electronic or other means”, excluding anonymized data; and “sensitive personal data” refers to “the personal data that is likely to result in damage to the personal dignity of any natural person or damage to his or her personal or property safety once disclosed or illegally used, including information such as biometric identification, religious belief, specific identity, medical health, financial account and whereabouts and personal tracks, as well as the personal data of minors under the age of 14”.

  2. Legal basis for processing personal data

    As the PIPL does not recognize “the acting on behalf of Terex or a third party’s legitimate interests” as a legal basis for processing personal data, we will identify and rely on other applicable legal bases under the PIPL for processing your personal data, such as your consent or the necessity of conclusion or performance of a contract to which you are a party.

  3. Storage of your personal data

    Location of Storage: Generally, we will store your personal data in [the United States]. However, as Terex is a multinational company, for the purposes specified in this Policy, we may transfer your personal data to other countries in accordance with the applicable Chinese data protection legislation.

    Retention Period: We may retain your personal data only for as long as it is necessary for the purposes it has been collected and as required by the applicable Chinese data protection legislation. Where we no longer require your personal data for those purposes, we will delete or anonymize your personal data in accordance with our internal retention policy.

  4. Your rights

    You are conferred by the applicable Chinese data protection legislation with the following rights related to personal data. You can exercise these rights by contacting the Terex Internal Data Protection Officer.

 

  • Right of access. You are entitled to a copy of the personal data we hold about you and to learn details about how we process it. We may require you to prove your identity before providing the requested information.
  • Right to rectification. We take reasonable steps to ensure that the information we hold about you is accurate and complete. However, if you believe this is not the case, you have the right to request that any incomplete or inaccurate personal data that we process about you is amended.
  • Right to deletion. You have the right to ask us to delete your personal data, for example where the personal data collected by us is no longer necessary for the original purpose, where the personal data has become obsolete or where you withdraw your consent (if we are processing your personal data based on your consent). However, this will need to be balanced against other factors. For example, we may not be able to comply with your request due to certain legal or regulatory obligations.
  • Right to restriction of processing. You are entitled to ask us to stop using your personal data.
  • Right to data portability. You have the right to ask us to transfer your personal data that you have provided to us to a third party of your choice. This right can only be exercised in certain circumstances as provided by the applicable Chinese data protection legislation.
  • Rights relating to automated decision-making. You have the right not to be subjected to automated decision-making, including profiling, which produces legal effect for you or has a similar significant effect. If you believe you have been subject to an automated decision and do not agree with the outcome, you can contact us using the details below and ask us to explain, and you also have the right to refuse the decisions made only through automated decision-making methods.
  • Right to withdraw consent. We may ask for your consent to process your personal data in specific cases. When we do this, you have the right to withdraw your consent at any time. We will stop the further processing as soon as possible after the withdrawal of your consent. However, this does not affect the lawfulness of the processing before your consent was withdrawn.

However, to the extent as permitted by the applicable Chinese data protection legislation, we may not be able to respond to your request of exercising your rights in the following circumstances:

  • If your request is contrary to our obligations under laws and regulations;
  • If the requested data is directly related to national security or national defense security;
  • If the requested data is directly related to public safety, public health, or significant public interest;
  • If the requested data is directly related to criminal investigations, prosecutions, trials and enforcement of judgments, etc.;
  • If we have sufficient evidence of your subjective malice or abuse of rights;
  • If it is in the interest of safeguarding your or other natural persons' significant legitimate rights and interests, such as life and property, but it is difficult to obtain your authorization or consent;
  • If responding to your request to exercise your rights would result in serious harm to your or other natural persons' or organizations' legitimate interests;
  • If the requested data involves trade secrets.

5. Contact Us

If you have any questions or concerns about this Policy or the China Addendum or your personal data held by us, especially if you consider that our processing of your personal data impairs your legitimate interests, please contact us through the contact information mentioned in the Policy. We will review your question without delay and make timely reply according to the applicable Chinese data protection legislation.