Effective as of October 3^rd, 2022

This Data Governance Statement describes the practices of Toromont Industries Ltd., Our divisions and subsidiaries (collectively, “Toromont”, “Our” or “We”) when collecting information from Our customers relating to machines, products, or other assets and their associated worksites (“Asset” or “Assets”) and how such information is shared with those for whom We act as partners or authorized dealers for the purpose of provisioning Assets. We collect this information through online and offline means including: (i) applications and platforms for use on or through computers, APIs, and mobile devices (“Applications”); (ii) telematics or other devices or Assets, whether manufactured by Toromont, Caterpillar Inc. (“Caterpillar”), or by other companies (“Device” or“Devices”); and (iii) component manufacturers, service providers, and customers. Applications and Devices will be collectively referred to as “Digital Offerings” in this Data Governance Statement.

This Data Governance Statement explains the following: what information Our Digital Offerings receive, generate, and transmit; why We collect it; how We collect it; why and to whom We disclose it; Our retention policy; safeguards We take to protect the information; and Your consent to the foregoing. For the purposes of this Data Governance Statement, the term “Your” (and related terms such as “You”) refers to both the individual accessing this document and each entity for whose benefit You act. You may not order equipment or services from Us unless You agree with this Data Governance Statement. If you have any questions regarding this Data Governance Statement, please contact Us at the contact details included below. While this Data Governance Statement includes references to personal information, the Toromont Privacy Statement, and the privacy notice applicable to Your Digital Offerings, are controlling with respect to the matters described in those documents, including the collection, use, transfer, disclosure, and management of personal information. Nothing in this Data Governance Statement is intended to modify the Toromont Privacy Statement or any applicable privacy notices.

You can obtain a copy of this Data Governance Statement in paper form at Toromont Industries Ltd., 3131 Highway 7 West, P.O. Box 5511, Concord, Ontario, L4K 1B7, or electronically from Our corporate website at http://www.toromont.com/policy.asp.

1. Consent

1.1 By submitting Systems Data or Operations Data (each defined below) to Toromont, You are agreeing that We may collect, use, and disclose such information for the purposes identified in this Data Governance Statement or for such other purposes as may be identified and communicated to You at the time We collect such information. For such other purposes, the consent may be expressed (for example, orally or in writing) or implied (for example, by using certain of Our products or services or by failing to check a box on any form that asks You to do so if You do not wish to have your information used or disclosed for a particular purpose). Subject to legal and contractual requirements, You may refuse or withdraw Your consent to any or all of these purposes at any time with reasonable notice by contacting the relevant person listed below under Contact Information.

1.2 Because Toromont will not, as a condition to the supply of a product or service, require You to consent to the collection, use, or disclosure of Systems Data or Operations Data beyond that required to fulfill the purpose for which such information is collected, the withdrawal of consent to the collection, use, or disclosure of such information may mean that We will no longer be able to supply You with the product or service that was the subject of the consent. However, We will not unreasonably withhold products or services from You where You refuse to give, or withdraw, Your consent. Also, We will inform You of the consequences of refusing to give, or withdrawing, Your consent when You seek to do so.

2. Information Collected by Toromont

2.1 “Personal Information” is any information about a specific individual or that identifies or may identify a specific individual, as further described in the Toromont Privacy Statement.

2.2 “Systems Data” is information that is ingested or used by or generated through Digital Offerings, which may include:
(a) Device, asset, and component information, including model number, serial number, order number, software and hardware version numbers, performance and configuration, including work tools, or other peripheral devices attached to Assets;
(b) Electronic data, including sensor logs, trends, histograms, event data, other alerts, digital state data, fault codes, idle time, daily and cumulative fuel consumption, emissions data, service metre hours, electronic data files downloaded manually or automatically from an Asset, troubleshooting data, and other data, depending on the customer and Asset and communication channel used by a Device;
(c) Inspection data, including results of inspections using a Toromont or third-party inspection system;
(d) Device location information, including the physical location of an Asset (e.g., determined using satellite, GPS, cell phone tower, Bluetooth, or Wi-Fi signals);
(e) Fluid data, including analysis results of fluid samples (such as oil, hydraulic, and coolant fluids) obtained using Toromont tools or third-party tools;
(f) Event recorder data, including location, speed, direction, and associated video recordings, use of controls, and positive train control information;
(g) Service and maintenance history, including work orders (records of all maintenance, repair, parts purchases, replacement, and modification to an Asset), component life (history of usage and wear life of a component), maintenance schedule, planned maintenance, warranty coverage data, maintenance and repair contracts, service intervals (scheduled interval for planned maintenance of component replacement activities for an Asset), component lists (lists of parts that make up an Asset), and service letters (describing special service actions recommended by Toromont to correct a known problem with an Asset);
(h) Site and environmental conditions, including the type of work being done, condition of roads or tracks, altitude, climate, and material tracking; and
(i) Patterns of use, including any user-defined information relating to a product You provide to Us through a Digital Offering.

2.3 “Operations Data” is additional information We may collect from You, which may include:
(a) Information contained in invoices and service contracts;
(b) Information about Our customers, their personnel, and end users, including certain Personal Information about such individuals;
(c) Work order data, including information about the customer, Asset involved, problem identified, and repairs performed;
(d) Store hierarchy data, including information about inventory reporting and replenishment processes;
(e) Information used by Us to manage a fleet of Assets (either owned or rental) including worksites; and
(f) Component data, including information relating to management and replenishment of parts inventory, and customer purchases, returns, and replacements.

2.4 Location Information. We may also receive location information from Caterpillar, which enables Us to provide You with localized content and services. In some instances, You may be permitted to allow or deny such uses and/or sharing of Your Device’s location, but if you do, We may not be able to provide You with the applicable services and content.

2.5 Simultaneous Collection. Information collected by Toromont may simultaneously constitute System Data, Personal Information, and Operations Data, or any combination thereof. If You submit any System Data, Operations Data, or Personal Information, including System Data that may relate to Devices on Assets that are not manufactured by Toromont, you represent that you have the authority to do so and to permit Us to use the information in accordance with this Data Governance Statement.

2.6 Sensitive Personal Information. Our Digital Offerings are not designed for You to send us sensitive Personal Information such as social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, or genetic characteristics, criminal background, or trade union membership. You agree not to send such information on or through Digital Offerings or otherwise to us therefore We shall not have any liability or responsibility with respect to the privacy or confidentiality of any such information You send to Us.

3. How We Collect Your Information

We and Our service providers may collect information in a variety of ways, including:

3.1 Devices. We may receive information via cellular or satellite link, or radio or ethernet connection from Assets equipped with a Device, which may include Systems Data (such as information relating to the Device or Asset) or Personal Information (such as from information generated by fatigue monitoring devices, on-board camera and proximity detection systems, and in-cab monitoring technology). Some information may be collected automatically, such as fault codes, hours of operation, and fuel levels

3.2 Applications and Online. We may collect information through Applications (e.g., when You enter maintenance information) or when You use Our websites, online services, or platforms. We may also receive information through other online means, such as when You initiate a data transmission through on-site servers or email inspection information to Us. We may also collect information typically collected through websites and mobile applications, such as browser and device information, application usage data, information collected through cookies, pixel tags, and other technologies, IP addresses, and location information.

3.3 Offline. We may collect information when You interact with Us, attend one of Our trade shows, place an order, or contact customer service.

3.4 Component Manufacturers and Original Equipment Manufacturers. We may obtain Systems Data from manufacturers of the components in Your Assets or of Assets manufactured by others You use. This information may be provided to Us automatically.

3.5 Wearable Technology. We may collect information through wearable technology, such as fatigue monitoring devices or radio-frequency identification tags embedded in hardhats or safety vests.

3.6 Asset Owners and Others. We may receive additional information from Asset owners, operators, and other persons who have management responsibility for an Asset.

3.7 Other Sources. We may receive Your information from other sources, such as public databases, joint marketing partners, social media platforms (including from people with whom You are friends or are otherwise connected), and from other third parties. We may collect or generate information from troubleshooting data, from Your service providers (such as fluid analysts and site inspectors) or from maintenance, inspection, or warranty records.

4. Why We Collect Your Information

4.1 Specific Collection Purposes. We may use collected information for the following purposes
(a) To provide services to You and others;
(b) To allow You to monitor the status of Assets, to provide You use of Applications, to complete and fulfill purchases, and to communicate with You regarding Your purchase or rental (including the ability to remotely support Your rental) and provide You with related customer service;
(c) To fulfill customer support agreements, perform maintenance and repairs, and deliver rental Assets or parts;
(d) To make recommendations regarding safety, Asset health, maintenance, worksite efficiency, and productivity training for operators;
(e) To enhance the safety of machine operations, including by tracking proximity to Assets, other objects, or humans;
(f) To enable remote technician services, such as remote troubleshooting, and remote tuning;
(g) To provide You with location-based services and content;
(h) To enable communications;
(i) To manage the connection to the Asset or Device;
(j) To allow You and other users of Applications to communicate with each other through Applications;
(k) To send administrative or contractual information, for example, information regarding the terms and conditions of using Digital Offerings, warranty policies, or service contracts; and
(l) To provide You with information about new products and services and to send You marketing communications that We believe may be of interest to You.

There may be other specific uses for which We need Your information. If so, We endeavour to disclose the uses to You and obtain Your consent at the time We collect Your information.

4.2 General Business Purposes. We may also collect Your information for the following general business purposes:
(a) To conduct market research or to evaluate Toromont;
(b) To perform data analytics, audits, improving products, developing new products, enhancing, improving or modifying our Digital Offerings, identifying usage trends, and operating and expanding our business activities and for statistical analysis based on aggregated and de-identified data, such as benchmarking reports;
(c) To provide services to customers, manage work flow, monitor repairs, project future maintenance and service, and troubleshoot issues;
(d) To validate the effectiveness of recommendations, resolve complaints, and fulfill orders;
(e) To manage inventory so We can provide You parts and services;
(f) To manage a fleet of owned or rented Assets;
(g) To maximize the efficiency of operations and increase sales; and
(h) To develop digital applications. 

There may be other specific uses for which we need your personal information. If so, we endeavour to disclose the uses to you and obtain your consent at the time we collect your personal information.

4.3 Audiovisual Data. With respect to audiovisual data that identifies an individual or physiological data for an identifiable individual, We will use that data only to provide products and services to Our customers, including to make recommendations regarding safety, Asset health, maintenance, worksite efficiency, and productivity training for operators, and to improve Our products and services.

 

5. Use and Disclosure of Information

5.1 Third Parties. We may use and disclose Your information as follows:
(a) To Caterpillar, for the purposes of administering remote services, in accordance with the Cat® Remote Services – Software Update Process for select Product Link^TM Telematics and Cat Equipment Control Module Software, and for such other purposes as set out in the Caterpillar Data Governance Statement;
(b) To Asset owners, to permit them to manage their use of their Asset;
(c) To Our service providers who provide services such as data analytics, information technology, and related infrastructure provision, application development, platform hosting, customer service, product development, auditing, advisory, and other services;
(d) To component manufacturers, to permit them to study the use of their products, to improve their products, and to develop new products;
(e) To agents, service providers, or other third parties contracted by or engaged in business with Asset owners, who have management responsibility for the Asset;
(f) To a third party in the event of a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our Assets (including in connection with any bankruptcy or similar proceeding);
(g) As permitted in any agreements with Us, including our Terms and Conditions of Sale; and
(h) Otherwise with Your consent.

If We transfer your Personal Information to a third party, We will require the third party to treat Your Personal Information in accordance with this Data Governance Statement and the Toromont Privacy Statement. Other than as described above, We do not share your Personal Information with any third party.

5.2 Legal. We may use or disclose information, as We believe to be necessary or appropriate: (a) under applicable law, including laws outside Your country of residence; (b) to comply with a legal process; (c) to respond to lawful requests from public and government authorities, including public and government authorities outside Your country of residence; (d) to enforce Our terms and conditions; (e) to protect Our operations; (f) to protect Our rights, privacy, safety or property, and/or that of You, or others, including for purposes of information security; and (g) to allow Us to pursue available remedies or limit the damages that We may sustain.

5.3 De-Identified or Aggregated Information. We may use and disclose de-identified or aggregated information (i.e., information that does not identify You or any other user of the Digital Offerings) for any purpose, except where required otherwise under applicable law.


5.4 Cross Border. Your information may be stored and processed in any country where We operate or where Our service providers operate, and by using a Digital Offering or otherwise providing data to Us consistent with this Data Governance Statement, You consent to the transfer of information to countries outside of Your country of residence, including the United States, which may have data protection rules that are different from those of Your country.

6. Product Link Telematics Software

6.1 Depending on Your product configuration and service choices, Toromont may offer remote services for select Product Link^TM telematics and Cat® equipment control module (“ECM”) software. Please refer to the Cat® Remote Services – Software Update Process for select Product Link^TM Telematics and Cat Equipment Control Module Software for additional information on how Caterpillar manages remote software updates and Your choices relating to remote software updates.

6.2 The remote services rely on product connectivity and the data and over-the-air access that are enabled as a result of connectivity. Connectivity is not provided by Us and, therefore, Toromont accepts no responsibility and shall not be held liable for any delays, performance issues, stoppages, outages, increased costs or other similar events relating Your connectivity. Depending on Your Device and Asset configuration, We may use System Data to remotely:
(a) Examine and update Devices that We manufacture or otherwise provide (e.g., to update system settings or to manage the communications carriers used to connect to Caterpillar).
(b) Update software that controls machine operations for Your Asset, and We may push the software update files to the Asset in preparation for an update.

6.3 To learn more about remote services, including information on Our practices for collecting and managing connected product data, please refer to the Toromont Remote Services Process Statement. [WK1] 

7. Security

We use reasonable organizational, technical, and administrative measures designed to protect information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If You have reason to believe that Your interaction with Us is no longer secure (for example, if You feel that the security of Your account has been compromised), please immediately notify Us at the contact information set out below.

8. Access Rights

Please refer to the Toromont Privacy Statement and any applicable privacy notices to understand your rights and choices regarding Our use and disclosure of Your Personal Information.

9. Third Party Content

This Data Governance Statement does not address, and We are not responsible for (i) the privacy, information, or other practices of any third party operating any website or online service to which a Digital Offerings links (e.g., our Applications may include, for your convenience, a hyperlink to local weather information provided by a third party with whom we have no business relationship); and (ii) Personal Information controlled by a third party, such as a supplier, service provider, or customer, even if such Personal Information is collected or otherwise processed by Toromont. In addition, the inclusion of a link in a Digital Offering does not imply endorsement of the linked site or service by Us or by Our affiliates.

10. Updates to this Data Governance Statement

Please note that Toromont reserves the right to update or change this Data Governance Statement at any time. When We make material changes to this Data Governance Statement, We will provide You with notice as appropriate under the circumstances (e.g. by displaying a notice on Our website or by sending You an email and/or a notification to Your Device). Please make sure You read any such notice carefully. The most current version of this Data Governance Statement will govern Toromont’s use of Your information. By continuing to access the Digital Offerings after changes are made to this Data Governance Statement, You agree to be bound by the revised terms.

11. Contact Information

You may contact Us if you have any questions about this Data Governance Statement by email at [email protected].