Effective as of July 17th, 2023
This Policy explains what Personal Information (as defined below) We collect, why and how We collect it, how We use, disclose and protect it and Your consent to such collection, use and disclosure of Your Personal Information. This Policy also explains how You can access Your Personal Information that We process and maintain and how You can challenge Our compliance with privacy legislation. It applies to all Personal Information collected by Us through any online and offline means, including the following (collectively, “Services”): (i) websites, applications and platforms for use on or through computers, APIs, and mobile devices, including user accounts and profiles; (ii) digital or paper forms, applications or agreements, surveys or contests; (iii) telematics or other devices or machines, products, or other assets, whether manufactured by Toromont, Caterpillar Inc. and/or its affiliates, or by other third parties; (iv) manufacturers and service providers; and (v) communications with You.
This Policy does not apply to Non-Personal Information (as defined below) that Toromont may collect or otherwise process. For more information on Non-Personal Information that Toromont may collect or otherwise process, please see the Our Data Governance Statement.
You may obtain a copy of this 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.
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 other privacy regimes.
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 websites, what information they provide, and/or what privacy policies they maintain.
1.1 “Personal Information” is any information about an identifiable individual or that identifies or may identify a specific individual, or as otherwise defined by applicable privacy legislation, such as names, birthday, mailing addresses, email addresses, telephone numbers, 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 applicable privacy laws.
1.2 “Non-Personal Information” is any type of information other than Personal Information, and is excluded from this Policy. Non-Personal Information includes, without limitation, business information, or information that enables an individual to be contacted at a place of business, such as an employee’s name, position or title, business telephone number, or business address. Non-Personal Information also includes information that is anonymous or not about an identifiable individual such as web browsing information. We will collect, use and disclose Non-Personal Information in accordance with Our ordinary business practices, but always in accordance with any applicable laws. For more information on Non-Personal Information that Toromont may collect or otherwise process, please see Our Data Governance Statement.
2. Your Consent
2.1 By submitting Personal Information to Toromont, including through the Services, You agree that We may collect, use, and disclose Your Personal Information for the purposes identified in this Policy or for such other purposes as may be identified and communicated to You at the time We collect such Personal Information.
2.2 You have the opportunity to withdraw Your consent, at any time from Our mailings, email or other electronic communications. You may withdraw Your consent or opt-out at any time by contacting Us at [email protected] or by using the unsubscribe mechanism included in Our digital communications with You. 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 You 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
3.1 Your Rights.
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 Request
(a) Subject to satisfactory identification and proof of entitlement, You may submit a Personal Information access request in writing by contacting Us at [email protected] for information about: (i) the Personal Information We collect or have collected about You; (ii) the categories of Personal Information concerned; (iii) the purposes of the collection of such Personal Information; (iv) the names of third parties to whom Your Personal Information has been or 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 Personal Information access request 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.
Toromont, strives to collect and maintain accurate Personal Information. 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, but no later than 30 days of receipt of Your communication, We will amend Our records as required and, if appropriate and depending on the nature of the Personal Information, advise third parties about any changes to such Personal Information.
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 Policy by contacting Us at [email protected].
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. Under some circumstances We may anonymize Your Personal Information so that it can no longer be associated with You. We reserve the right to use or allow Our suppliers to use such anonymous and de-identified data for any legitimate business purpose without further notice to You or 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 by through accessing our website or any Services, such as for purpose of purchasing or renting equipment or purchasing services from Us, You will be asked to provide Us with Your name, addresses for both billing and shipping, email address, phone number, language preference, and other information needed to provide specific goods and/or 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 communications 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).|
|Vendor/Supplier Information||When You provide Personal Information to Us through any Services, such as for the purpose of Our procurement of goods and/or services from You, You will be asked to provide Us with Your name, addresses for both billing and shipping, email address, phone number, language preference, payment information and other information needed for Us to procure goods and/or services from You.||We use this information to (a) purchase or rent Your products or procure services from You; (b) allow You to deliver services that We request or purchase; (c) allow Us to make payment to You, to manage any payment disputes, and to detect and protect Us against error, fraud, and other criminal activity; (d) allow Us to validate Your access to vendor/supplier-specific websites and applications; (e) send You communications 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 goods and/or services requested by You, to perform credit assessments, 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.|
|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 Us at [email protected].||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 or contests.||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 goods and/or 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.|
5. How We Collect Your Personal Information
You may provide Us with Personal Information by filling out forms, applications or contracts, 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 goods and/or 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 (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.
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, including 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 and subsidiaries, and with Our agents, manufacturers and third-party suppliers and service providers in connection with a contractual or third-party arrangement. For example, We may use Your Personal Information and disclose it to such parties: |
(a) 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;
(b) to allow providers, including Our finance partners such as Cat Financial, to process Your applications for credit;
(c) for product and service-related purposes, including product and service improvement and analysis. This information may be used separately or in combination with information collected from Your equipment using telematics devices; and
(d) as permitted in any agreements with Us, including Our terms and conditions of sale, service or rental.
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 Us at [email protected].
We may process, store, and transfer Your Personal Information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your Personal Information through the laws of the foreign country. Whenever we engage a service provider, we require that its privacy and security standards adhere to this Policy and applicable privacy legislation.
|Marketing and Advertising Purposes||Personal Information may be used and disclosed for marketing purposes, such as providing marketing and advertising offers, by sharing the information with Our divisions, subsidiaries, agents, manufacturers, and third-party suppliers and service providers if We believe that their product and/or services can benefit 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, 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
(d) act in urgent circumstances to protect the personal safety of Toromont employees, users of Toromont products or services, or members of the public, property or the environment.
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 profile 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. If you do not want Us to use Your Personal Information for the purpose of analyzing Your personal preferences, interests or behaviour, You can request profile deactivation by contacting Us at [email protected]. Please note this may require Us to disable Your account profile and may affect the way in which We provide Services to You.
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 improve Our products and services; (iv) enhance remote technician services through manufacturers, 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.
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. When We transmit sensitive information over the Internet, We protect it through the use of encryption technologies. Emails to Us are not a secure means of communication unless You have encrypted Your message.Notwithstanding the foregoing, 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 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. To ensure the accuracy and relevancy of Personal Information We hold and continue to use, We may make periodic checks for validity and accuracy. For further details on Our data retention periods, please contact Us at [email protected].
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 other Service, or 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 rest of this Policy.
10.2 Legal Bases for the Processing
We process your Personal Information on several different legal bases, as follows:
(a) Based on necessity to perform contracts with You (see Article 6(1)(b) of the General Data Protection Regulation (“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.
(b) 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.
(c) 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 GDPR, may be stored and processed in the United States, Canada or any other country in which Toromont or Our service providers operate in. Pursuant to Article 27 of the UK GDPR, Toromont has appointed the contact listed at section 13 below as its GDPR representative in the UK. You can contact the relevant contact listed at section 13 below for matters pertaining to the UK GDPR.
11. California Consumer Privacy Act
11.2 Information Toromont May Collect
Toromont may collect the following categories of information:
(a) 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.
(b) Services Data which may include: first name, last name, IP addresses, geolocation, usernames, passwords, and email addresses.
11.3 Purpose of Collection
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.
11.4 Additional Disclosures:
Toromont engages certain trusted third parties to perform functions and provide services to Toromont, including manufacturing, 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 Policy’s effective date: A. Identifiers (names, email addresses, phone numbers, mailing addresses); B. Commercial Information (information regarding products/services that You request or purchase); C. 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); and D. Geolocation Data.
11.5 Your Rights:
You may have certain rights with respect to your Personal Information, including:
- The right to access Your Personal Information and the right to know the categories and specific pieces of Personal Information We collect;
- The right to deletion of Your 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 Us at [email protected]. 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 We 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
This Policy became effective as of the date indicated at the top of this document. Toromont reserves the right to update or change this Policy at any time and from time to time without notice. We recommend that You review this Policy periodically. If We make material changes to the way We process Your Personal Information, We will provide You with prominent notice as appropriate under the circumstances (e.g., by displaying a prominent notice on Our 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 purchase or rent products from Us or use Our Services after changes are made to this Policy, You agree to be bound by the revised terms. If You object to any changes to this Policy, You must cease using our Services.
13. Contact Information and Challenging Compliance
We have procedures in place to receive and respond to complaints or inquiries about Our handling of Personal Information, Our compliance with this Policy, and with applicable privacy laws. You may contact Us if You have any questions about this Policy, contact us at [email protected].