INTRODUCTION

This Telematics Privacy Statement accompanies the Buhler Industries Privacy Policy (the “Privacy Policy”), which you can access here: https://www.buhlerindustries.com/pages/privacy.php. It contains terms and conditions that apply in addition to the Privacy Policy, when you use our telematics devices in a machine or equipment (the “Equipment”), supplied by Buhler Versatile Inc. or its Affiliates, with software and/or firmware that is used in, installed on, provided with or embedded in the Equipment (collectively, the “Telematics Services”).

Terms that are capitalized but not defined in this Privacy Statement have the meanings given to them in the Privacy Policy.  “Affiliate” has the meaning given to that term by The Corporations Act (Manitoba). In the event of conflict or inconsistency with the terms of this Privacy Statement and the Privacy Policy, the terms of this Privacy Statement will prevail and govern, to the extent of such conflict or inconsistency.

 

INFORMATION COLLECTED THROUGH THE TELEMATICS SERVICES

Personal information we collect through the Telematics Services includes:

• your operation or farm name, and any other identifier we may use to contact or refer to you;
• the dealership from which you purchased the Equipment;
• your contact information;
• your account and log-in information;
• machine data from your Equipment, including data about its:
• engine, hydraulics and transmission performance;
• service history;
• identification information (including software and firmware included in the Equipment);
• ownership; and
• system alerts.
• positional data from your Equipment, including in-field operating parameters such as:
• the speed and location of the Equipment; and
• the type of facilities in which your equipment is used.
• feedback and other content you provide us, through your use of the Telematics Services, such as product registration and your questions or comments.
• We will also collect any other information you choose to share with us, using the Telematics Services.

 

WHY WE COLLECT INFORMATION THROUGH THE TELEMATICS SERVICES

We collect your personal information through the Telematics Services to:

• help us provide products and services to you, including supporting and servicing the Equipment, through the collection and sharing of performance data about your Equipment;
• authenticate your identity and the use of your account;
• respond to your enquiries and requests for services; and
• further our research and development activities for our products and services.

 

HOW WE COLLECT INFORMATION ABOUT YOU THROUGH THE TELEMATICS SERVICES

• Personal information is automatically collected and transmitted to us directly from the operation of your Equipment or otherwise through your use of the Telematics Services (for example, if you interface with websites we make available for that purpose), however, in some cases we may collect your personal information from a third party, such as another individual who operates your Equipment or an authorized Versatile dealer who has sold or serviced your Equipment.
• When we collect data, we do so for the purposes identified above, which generally requires us to associate data to the owner or operator of the Equipment. We do not collect data from the Telematics Services for the purposes of monitoring individuals.

 

DISCLOSURE OF INFORMATION OBTAINED THROUGH THE TELEMATICS SERVICES

We may disclose to third parties information that we collect about you or that you provide to us through the Telematics Services, including any personal information:

• to dealers, for the purposes of providing support and service in relation to your Equipment;
• to subcomponent vendors, who help us design, build and operate your Equipment;
• in accordance with applicable law, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Telematics Services users is among the assets transferred (provided that in the event of any such transfer, we will provide notice to you prior to the transfer of your personal information to the buyer or other successor); and
• to any other person, with your consent.

We may also disclose your personal information:

• to comply with any court order, law, or legal process, including to respond to any government or regulatory request, in accordance with applicable law;
• to enforce or apply our Telematics Terms of Service Agreement https://versatile-cbx.com/legal/terms-of-service/ and other agreements with enter into with you;
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our clients, or other third parties.

 

THIRD PARTY SERVICE PROVIDERS

Personal information that we collect or that you provide through the Telematics Services is transferred to the third party service provider we have engaged to host the Telematics Services. This service provider is contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this Privacy Statement.

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 Privacy Statement and applicable Canadian privacy legislation.

Please note that while we retain responsibility for your personal information, it will also be subject to the third party service provider’s terms and conditions and we recommend you review those terms and conditions before you use the Telematics Services.

You are welcome to contact us to obtain further information about our policies regarding service providers outside of Canada. See the Contact Information section below.

 

DATA SECURITY

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. We store all information you provide to us in compliance with policies, procedures and guidelines described in this Policy and our other contractual obligations.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, as such functionality is offered from time to time, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our website or through the Telematics Services. Any transmission of personal information is at your own risk, except to the extent that we have caused that risk by breaching this Privacy Statement. We are not responsible for circumvention of any privacy settings or security measures contained on our website or the Telematics Services.

We will keep and maintain records pertaining to a breach of our security safeguards in the form and content required by law, and if required by law, will report the breach to the Office of the Privacy Commissioner of Canada, and notify the affected person(s) of the breach.

 

DATA RETENTION

Except as otherwise permitted or required by applicable law or regulation, we will retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. This includes personal information collected under a contribution agreement, which will be maintained in accordance with the terms of that agreement.

We may anonymize your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for our own business purposes without further notice to you or your consent. Any such anonymized and de-identified data is owned by us; is not subject to the terms and conditions of this Privacy Statement; and may be used by us for any purpose, in our sole discretion.

 

ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By law you have the right to request access to and to correct the personal information that we hold about you. We will provide access to your personal information, subject to exceptions set out in applicable privacy legislation.

If you want to review, verify, correct, or withdraw consent to the use of your personal information you may also send us an email at privacy@buhlerindustries.com to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

If you are concerned about our response or would like to correct the information provided, you may contact our Privacy Officer at privacy@buhlerindustries.com.

 

WITHDRAWING YOUR CONSENT

Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, please submit this form, or contact us at privacy@buhlerindustries.com. Please note that if you withdraw your consent we may not be able to provide you with particular services (including, but not limited to, the Telematics Services) and your right to withdraw consent may be limited by agreements you have entered into with us (such as terms of service which apply to the Telematics Services from time to time). We will explain the impact to you at the time to help you with your decision.

 

CHANGES TO THIS POLICY

This Privacy Statement may change from time to time. Changes we make to this Privacy Statement will be posted on this page. If we make material changes to how we treat our users' personal information, we may notify you by email or through a notice on our website. You are responsible for periodically visiting our website and this Privacy Statement to check for any changes. Your continued use of the Telematics Services after such notice constitutes your acceptance of such changes.

 

LANGUAGE

You and we have requested and agree that this Privacy Statement and all documents related to this Privacy Statement be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais.

 

CONTACT INFORMATION

If you have any questions about this Privacy Statement or our privacy practices, please contact us at:

Buhler Versatile Inc.
Attn: Privacy Officer
privacy@buhlerindustries.com
We have procedures in place to receive and respond to complaints or inquiries about our handling of personal information, our compliance with this Privacy Statement, and with applicable privacy laws. To discuss our compliance with this Privacy Statement please contact our Privacy Officer using the contact information listed above.