Effective as of October 3^rd, 2022

 

Toromont Industries Ltd., our divisions’ and subsidiaries (collectively, “Toromont”, “Our”, “Us” or “We”) are committed to recognizing and protecting the accuracy, security, and privacy of the Personal Information (as defined herein) collected from Our customers and employees (collectively, “You” or “Your”). We, too, are consumers and We understand the value of Personal Information. We have created this Privacy Policy (“Policy”) to demonstrate our commitment to protecting Your privacy.

This Privacy Policy explains:

• What Personal Information Toromont collects;
• Why and how We collect it;
• How We use it;
• Why and to whom We disclose it;
• Our data retention policy;
• Safeguards We take to protect the Personal Information collected;
• How You can access Your Personal Information that We process and maintain;
• How You can challenge Our compliance with privacy legislation; and·     Your consent to the foregoing and Your rights in connection with Our collection, use, and disclosure of Your Personal Information.

This Privacy Policy does not apply to other information (non-Personal Information) that Toromont may collect or otherwise process. For more information on other information that Toromont may collect or otherwise process, please see the Toromont Data Governance Statement. You may obtain a copy of this Privacy Policy 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 www.toromont.com/policy.asp.

1. General

1.1 This Privacy Policy applies to Toromont’s collection, use, and disclosure of Personal Information obtained through Our website or any Digital Offering (as defined in the Toromont Data Governance Statement), and any other content and/or services that are offered by Toromont. Except as may be noted below, Our privacy practices are governed by the Personal Information Protection and Electronic Documents Act, SC 2000, c 5(the “Act”), and certain of our divisions and subsidiaries are governed by provincial privacy legislation.

1.2 While the Personal Information that We collect may come from You or from third parties who have the right to disclose Your Personal Information to Us, We assume no responsibility for the privacy practices of such third parties. Our website also contains links to third party websites, and We are not responsible for such sites, what information they provide, and/or what privacy policies they maintain.

1.3 “Personal Information” is any information about an identifiable individual either alone or in combination with other information, or as defined by applicable privacy legislation. Personal Information includes, without limitation, any factual or subjective information, recorded or unrecorded, about an identifiable individual, such as names, mailing addresses, email addresses, telephone number, financial information, opinions, and comments. Business contact information (i.e., a business address or telephone number) is generally not considered to be personal information under the Act.

2. Consent

2.1 By submitting Personal Information to Toromont, including through our website, Digital Offerings, or any of our services, you agree that We may collect, use, and disclose Your Personal Information for the purposes identified in this Privacy Policy or for such other purposes as may be identified and communicated to You at the time We collect such Personal 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). 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 Section 13.

2.2 You have the opportunity to withdraw your consent, or to opt-out at any time from our email or mailing list. If You wish to withdraw Your consent or to opt-out at any time, please contact the relevant person listed below under Section 12 or use the unsubscribe mechanism at the bottom of our e-mails. 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 Personal Information beyond that required to fulfill the purpose for which such information is collected, the withdrawal of consent to the collection, use, or disclosure of Personal 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.

3. Your Rights and Access

3.1 In accordance with the Act, You have a right to request access to Your Personal Information that Toromont holds about You, to challenge the accuracy and completeness of the information, and to have that information amended as appropriate.

3.2 Access
(a) Upon written request, satisfactory identification, and proof of entitlement, You can access Your Personal Information by contacting the relevant person listed below under Section 12. You may request information about: (i) the Personal Information We hold about You; (ii) the categories of Personal Information concerned; (iii) the purposes of the processing; (iv) details to whom Your Personal Information has been/will be disclosed; (v) how long We retain Your Personal Information; (vi) if We did not collect the information directly from You, information about the source; and (vii) how to lodge a complaint with the correct supervisory authority.

(b) There may be a minimal fee associated with Your request for information depending on the nature and scope of Your request (e.g., photocopy charges). In some cases (e.g., if disclosing such information may result in the disclosure of another person’s Personal Information), We may decline to provide the requested access. If We do so, We will provide You with written reasons, and You may then discuss the reasons with Us.

3.3 Accuracy
Toromont, to the best of its ability, will strive to collect and maintain the most accurate Personal Information available. Upon reviewing Your Personal Information, if You advise us that any of Your Personal Information is inaccurate, incomplete, or out-of-date, You may request to update and correct the inaccuracies, subject to certain exceptions prescribed by law. Within a reasonable period of time, We will amend Our records and, as appropriate and depending on the nature of the Personal Information, advise third parties about any changes to ensure the accuracy and completeness of such information.

3.4 Deletion
You may request that we delete Your Personal Information in accordance with applicable laws.

3.5 Challenging Compliance
You may challenge our compliance with the Act and/or this Privacy Policy by contacting the relevant person listed below under Section 12. We suggest that You first contact the privacy person listed under Section 12 for the relevant business, and if You are not satisfied with the response You receive, We then suggest that You contact the Chief Privacy Manager for Toromont Corporate.

4. What Personal Information We Collect and Why We Collect It

4.1 Types of Personal Information and Collection Purposes.
Toromont collects and processes Personal Information in accordance with this Policy. We will not sell, share, or rent this information to others, except as set out in this Policy or in accordance with Your consent. The table below describes the categories of Personal Information that Toromont collects and why We collect it:

Categories of Personal Information	Description of the Category	Collection Purposes
Customer Information	When You provide Personal Information to Us through any form, such as through the purchase or rental of any equipment, or through any online form, You will be asked to provide Us with Your name, title, full company name, addresses for both billing and shipping, email address, phone number, language, and other information needed to provide specific services to You.	We use this information to (a) sell or rent our products or provide and/or improve Our services to You;  (b) deliver services that You request or purchase; (c) allow Us to validate Your access to customer-specific websites and applications; (d) make recommendations regarding safety, the health of any products, worksite efficiency, and productivity training; and (e) send You e-mails informing You of issues related to the websites and applications for which You are registered (e.g., we may contact You when necessary to communicate to You any technical problems or lapse of service due to maintenance).
Payment and Purchase Information	We collect purchase, rental, and credit information and information about Your businesses and equipment needs. Your Personal Information may be processed or requested by a third party service provider to facilitate payment through Our website, as described under Section 6.	We use this information to process Your payment for the services requested by You, to manage any payment disputes, and to detect and protect Us against error, fraud, and other criminal activity.
Contract Information	We may collect Personal Information from You if You have in place a contract with Us. This may include any Personal Information that is necessary to fulfill customer support agreements, purchase agreements, rental agreements, service agreements, and other such business agreements.	We use this information to fulfill our contractual obligations and to establish, exercise, or defend legal claims.
Employment Information	Throughout the course of administering the relationship with Our employees, We obtain Personal Information about Our employees and, in some circumstances, their family members (as provided to Us by Our employees). This may include background information (e.g., birth date, marital status, and dependent information), residency information, financial account information, background information (e.g., credit check reporting), Trade Union affiliation, professional qualifications information (e.g., work experience and education), and employment-related history and information (e.g., previous work history, application information, education and training, and disciplinary issues or history).	We use this information to assist Us with establishing, managing, and terminating employment relationships, including reviewing applications, processing payroll, providing benefits, conducting performance reviews, and as otherwise notified to employees.
Communications Data	You may provide Us with contact information for the purpose of receiving marketing communications, including Your name, email, and phone number.  You can unsubscribe from these communications at any time by using the unsubscribe mechanism or by contacting the relevant person listed below under Section 12.	Toromont uses Your contact information to send You newsletters and other information requested by You regarding Toromont special offers, changes, enhancements, warranty information, or other notices that may be of interest to You.
Surveys and Customer Research Data	From time to time, We may offer you the opportunity to participate in one of Our surveys or other customer research.	We use this information to help Us measure consumer interest in Our services, and to enhance Our product and service offerings and promotions.
Customer Service Data	When You contact Us with a comment, question, or complaint, You may be asked for information that identifies You (such as Your name, address, and phone number) along with additional information We need to help Us promptly answer Your question or respond to Your comment or complaint.	We use this information to respond to Your inquiry and to understand, diagnose, troubleshoot, and fix issues with the services. We may also retain this information to assist You in the future and to improve Our customer service, product and service offerings, and promotions.

4.2 Additional Collection Purposes
In addition to the collection purposes set out in Section 4.1, We may also collect Your Personal Information for the following general purposes: (i) to help Us enforce our Terms and Conditions of Sale; (ii) to evaluate and develop new features, technologies, and improvements to the services; and (iii) to conduct business planning, reporting, and forecasting. 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.

5. How We Collect Your Personal Information

There are a number of methods (in addition to those described above) by which we collect personal information, including:

5.1 Directly.
You may provide Us with Personal Information contractually, by filling out forms and applications, or by corresponding with Us in any way. This includes, but is not limited to, Personal Information You provide Us through: (i) credit applications, credit checks, purchase agreements, rental agreements, service agreements, and other such business agreements; (ii) requests or purchases of any of Our services; (iii) your correspondence with Us through mail, email, phone, or otherwise, including if you contact Us with a question, comment, complaint, or feedback; (iv) surveys, market research, and other business intelligence sources such as credit agencies; (v) correspondence in the ordinary course of business through the employment relationship (including Personal Information during the application process);r (vi) Our conversations with You (We keep notes and special instructions on file to allow Us to serve You better, and/or; (vii) information collected through various online registration processes.

5.2 Indirectly.
We may receive Your Personal Information indirectly if it is in possession of a third party that has permission to disclose it to Us in the course of business, under their own privacy policy, or otherwise in accordance with applicable laws.

6. To Whom We Disclose Personal Information

6.1 Personal Information that You submit to Toromont is kept confidential unless disclosed in accordance with your express consent or legal requirements. Please note that revoking Your consent may result in not being able to access or use certain of Toromont’s features or services in connection with Our website or any telematics devices on Your equipment.

6.2 Toromont may disclose Your Personal Information to the following categories of recipients for the reasons set out in the table below:

Categories of Recipients	Reason For Sharing
Contractual or Third-Party Arrangements	Toromont may use and disclose Your Personal Information with Our divisions, subsidiaries, agents, and manufacturers in connection with a contractual or third-party arrangement. For example, We may use Your Personal Information and disclose it to third parties and third-party service providers: (a) to assist Us with establishing, managing, and terminating an employment relationship; (b) to allow Us to operate our business including to provide You with marketing offers, collect overdue accounts, deliver products, and process credit card payments and charges; (c) to allow providers, including Our finance partners such as CAT Finance, to process Your applications for credit; (d) for product and service related purposes, including product and service improvement and analysis, by sharing the information with Our divisions, subsidiaries, agents, and manufacturers, and third-party suppliers. This information may be used separately or in combination with information collected from Your equipment using telematic devices; and (e) as permitted in any agreements with us, including our Terms and Conditions of Sale. Our service providers are given the information they need to perform their designated functions, and We do not authorize them to use or disclose Personal Information for their own marketing or other purposes. To the extent that any Personal Information is provided to these third-party service providers, Toromont requires that the provider be bound by obligations consistent with this Policy and that such providers only collect, use, or disclose users’ personal information for the purposes of providing Toromont the services set out in this section. For more information about the way in which Our third-party service providers handle Your Personal Information, You can contact the relevant person listed below under Section 12.   Presently, Toromont uses and discloses Personal Information to the following service providers:  • We use Caterpillar Inc. (“Caterpillar”) as an original equipment manufacturer from which we obtain Caterpillar products for resale to You  • We may, depending on the products/services You order, use other original equipment manufacturers or service providers to fulfill Your order.
Marketing Purposes	Personal Information may be used and disclosed for marketing purposes, such as providing marketing offers, by sharing the information with Our divisions, subsidiaries, agents, manufacturers, and third party suppliers if We believe that their services can bring benefit to You.
Research	We may share Your Personal Information for activities such as statistical analysis and internal research purposes but only in an aggregated and de-identified format.
Purchase or Sale	We may transfer any information We have about You as an asset in connection with a possible financing, insuring, sale, assignment, merger, or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or substantially all of Toromont’s assets or as part of a corporate reorganization or other change in corporate control. If We do this, the disclosure will be subject to confidentiality arrangements customary in such transactions.
Law Enforcement and Data Protection Authorities	Toromont may disclose Your Personal Information if required or permitted to do so by law or in the good-faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process served on Toromont; (b) protect and defend the rights or property of Toromont; (c) conduct investigations; or act in urgent circumstances to protect the personal safety of Toromont employees, users of Toromont products or services, or members of the public.

7. Device Information

7.1 What Device Information We Collect.
We may collect information about Your computer hardware and software and Your product usage information. This information may include your Internet Protocol (“IP”) address (i.e., the number assigned to your computer when you use the Internet), browser type, operating system, domain name, access times, and referring website addresses (“Device Information”). We do not link your IP address to any Personal Information provided to Us by You through Our website, but it may be used to help identify You for the duration of a session and to gather broad, aggregate demographic information about visitors to Our websites. We also collect information about which pages are viewed within Our websites and applications.

7.2 Why We Collect Device Information.
We use Device Information for system administration, web server load balancing, and for Our internal security audit log. We also use Device Information in order for Us to maintain Our services and gain customer insight. This may include collection that allows Us to: (i) maintain the quality of Our websites and to provide general statistics regarding the use of Our web services; (ii) gain a better understanding of Your needs so that We may better serve You; (iii) help Us enhance Our web services; (iv) enhance remote technician services through Caterpillar, such as remote troubleshooting, and remote tuning;  (v) provide You with location-based services and content; (vi) perform maintenance and repairs; and (vii) to provide You with personalized content.

7.3 How We Collect Device Information.
We may obtain Device Information through the telematics devices on Your equipment. For example, We may receive information via cellular or satellite link, or radio or ethernet connection from Your equipment, which may include 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.

7.4 Cookies.
Some of Our web applications use “cookies” – pieces of information that may be placed on Your computer by the website for the purpose of facilitating or enhancing Your communication and interaction with that site. In such cases, a cookie is placed on Your computer (if accepted) or is read if the corresponding website has been previously visited. Cookies help Us deliver personalized content and are an integral part of some of Our web applications. We may also use cookies to obtain statistics on the use of Our websites and applications. We do not use cookies to retrieve information from Your computer for purposes that are unrelated to the service being offered over the applicable website or Your interaction with that website. You may stop or restrict the placement of cookies on Your computer or flush them from Your browser by adjusting Your web browser preferences. However, the rejection of certain cookies may interfere with the functionality of the website.

8. Security

Toromont is committed to protecting Your Personal Information against loss, theft, and unauthorized access, disclosure, use, or modification by instituting security safeguards consistent with the sensitivity, amount, format, nature, and storage of the information. For example, We store Personal Information that You have provided to Us in electronic form in computer servers with limited access that are located in controlled facilities. Paper files are maintained in secure locations with various levels of restricted access based on the sensitivity of the information. When We transmit sensitive information over the Internet, We protect it through the use of encryption technologies (128-bit SSL protocol). Please remember that e-mails to Us are not a secure means of communication unless You have encrypted Your message. It is important to remember that no method of transmitting or storing data is completely secure.

9. Our Retention Policy

Personal Information is retained by Toromont only as long as is necessary for the fulfillment of the purposes identified in this Privacy Policy or otherwise identified to You. When Personal Information is no longer required for these purposes, it is securely destroyed or deleted. Each of Our divisions and subsidiaries has its own retention policy or practice that reflects the necessities of its business. For example, Personal Information in accounts at Battlefield that have been dormant for three (3) years is destroyed. To ensure the accuracy and relevancy of Personal Information We hold and continue to use, We will make periodic checks for validity and accuracy. For further details on )ur data retention periods, please contact us.

10. European Privacy Supplement

Toromont acts as a data processor in the delivery of the products/services, and in limited circumstances as a data controller as it relates to Point of Contact Information. Accordingly, Toromont provides these additional and different disclosures about its data processing practices to data subjects in the EEA, Switzerland, and the UK (EEA+). If you are accessing Our website or any Digital Offering (as defined in the Toromont Data Governance Statement), and any other content and/or services that are offered by Toromont from within the EEA+, this European Privacy Supplement applies to you in addition to the Privacy Policy.

Legal Bases for the Processing. We process your Personal Information on several different legal bases, as follows:

• Based on necessity to perform contracts with You (see Article 6(1)(b) of the GDPR): When You access, use or register for Our products/services, You form a contract with Toromont based on the applicable contractual terms. Toromont needs to process Your Personal Information to discharge Our obligations in any such contract, fulfill Your requests and orders, answer questions and requests from You, and provide tailored customer support to You.
• Based on compliance with legal obligations (see Article 6(1)(c) of the GDPR): Toromont may need to process Your Personal Information to comply with relevant laws, regulatory requirements and to respond to lawful requests, court orders and legal process.
• With respect to Point of Contact Information where We are acting as a controller, based on Our legitimate interests (see Article 6(1)(f) of the GDPR): We may process Your Personal Information to send you invitations to relevant Toromont offerings (unless you have opted out), newsletters (unless you have opted out), invitations to relevant surveys (unless you have opted out), to understand which products and services may be relevant to You, and to improve Our products, services and business practices. Personal Information we collect, as defined in the EU General Data Protection Regulation, may be stored and processed in the United States, Canada or any other country in which Toromont or Our service providers operate in. To the extent Toromont transfers Personal Information out of the EEA+ to countries that do not benefit from an adequacy decision based on mechanisms such as approved Standard Contractual Clauses and other contractual measures to ensure that adequate safeguards are in place with respect to the Personal Information. Pursuant to Article 27 of the UK GDPR, Toromont has appointed the contact listed at section 14 below as its GDPR representative in the UK. You can contact the relevant Contact listed at section 14 below for matters pertaining to the UK GDPR.
  
  

11. California Consumer Privacy Act

The California Consumer Privacy Act (“CCPA”), which is effective as of January 1, 2020, regulates how Toromont handles personal information of California residents and gives California residents certain rights with respect to their personal information. Toromont is a “service provider” under the CCPA. The following supplemental privacy policy applies to information Toromont collects in its role as a service provider. If You would like more information about how Your personal information is processed by other companies, including companies that partner with Toromont, please contact those companies directly. This provision is effective as of January 1, 2020, shall apply only to residents of California, and may be subject to change. The general privacy policy shall continue to apply to the extent that it applies to You as a resident of California; however, if You are a resident of California, Toromont is also is required to disclose certain uses and disclosures in a certain format, as well as to inform You of certain rights You may have.

Information Toromont May Collect: Toromont may collect the following categories of information:

• Point of Contact Information which may include the following data: first name, last name, corporate email address, phone number, job title, address and organization hierarchy.
• Services Data may include: first name, last name, IP (Internet Protocol) Addresses, geolocation, usernames, passwords, and email addresses.

For each category of information, Toromont collects the information from a variety of sources, including directly from You, from Your devices, and/or from Your third party providers. Toromont collects the information to:

• sell or rent Our products or provide and/or improve Our services to You;
• deliver services that You request or purchase;
• allow Us to validate Your access to customer-specific websites and applications;
• communicate with You regarding products/services You request or purchase,
• conduct internal marketing activities, and;
• improve Our services to You.

Toromont may share personal information with Third Parties as the term is defined under the CCPA.

Additional Disclosures: Toromont engages certain trusted third parties to perform functions and provide services to Toromont, including OEM, auditing, marketing, hosting and maintenance, error monitoring, debugging, performance monitoring, and other short term uses. Toromont may share Your Personal Information with these third parties, but only to the extent necessary to perform these functions and provide such services. Toromont requires these third parties to maintain the privacy and security of Your Personal Information they process on our behalf. Toromont may have disclosed the following categories of personal information for business purposes in the 12 months prior to this Privacy Policy Effective date: A. Identifiers (names, email addresses, phone numbers, mailing address) B. Commercial Information ( information regarding products/services that You request or purchase)  F. Internet or Other Electronic Network Activity Information (IP address, device identifier, information provided in URL string, internet service provider, browser used, operating system and other device identifications and configurations, locale and language preference); G. Geolocation Data.

 We Do Not Sell Personal Information: Toromont does not sell, as defined under the CCPA, Personal Information of any individual, including Personal Information of minors under 16 years of age.

Your Rights: You may have certain rights with respect to your Personal Information, including:

• The right to access, including the right to know the categories and specific psieces of Personal Information We collect;
• The right to deletion of Personal Information, subject to certain limitations under applicable law;
• The right to request disclosure of information collected;
• The right to disclosure of information disclosed for valuable consideration, and;
• The right not to be discriminated against for exercising certain rights under California law. To exercise these rights, please submit a request to Toromont. Please be as specific as possible in relation to the Personal Information you wish to access. Once We receive your request, We will review it, determine whether Toromont can verify your identity, and process the request accordingly. If We need additional information to verify your identity, We will let you know. We will respond to your request within 55 days of receipt or notify you if We require additional time. If You would prefer, You may designate an authorized agent to make a request on Your behalf.
  
  

12. Changes to this Policy

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

13. CONTACT INFORMATION

You may contact us if you have any questions about this Privacy Policy by email at [email protected]. In addition, the names and contact information of the privacy persons at each of Our divisions and subsidiaries are as follows:

Division/Subsidiary	Privacy Person Contact Information
Battlefield	Sultan Ahmed, Chief Privacy Manager (905) 643-9410 [email protected]
Cimco	Cindy Chiu, Chief Privacy Manager (416) 465-7581 [email protected]
Toromont CAT / Toromont Energy	Klare Medendorp, Privacy Coordinator for Customer Information (416) 667-5511 ext 5762 [email protected] Glenn Mascarenhas, Privacy Coordinator for Employee Information (416) 667-5511 ext 4611 [email protected]
Toromont Corporate	Lynn Korbak, Chief Privacy Manager 416-667-5782

This Privacy Statement will be modified and supplemented from time to time.