Effective Date: March 11, 2020
If you are a California resident, please also see the below Appendix A “Privacy Information for California Residents” for supplemental California-specific privacy information.
1. Collection of Personal Information
Wacker Neuson may collect and/or track information that identifies you (“Personal Information”), including (1) the home server domain names, e-mail addresses and type of Web browser of users to this website; (2) information knowingly provided by the user in online forms, registration forms, surveys, at trade shows, etc. (including but not limited to, name, address, telephone number, e-mail, financial information and other personal profile data); (3) information regarding which pages users access; (4) information identifying the user or linking the user to the search performed; (5) information associated with every search request made by the user; (6) information about a user’s account (including but not limited to, username, order history, purchases, address, phone number, employer’s name, job title, and payment information); and (7) information regarding your attendance of a Wacker Neuson event or trade show.
Wacker Neuson or its third party service providers use Pixels on the Website. “Pixels” (which are sometimes also called web beacons) are tiny graphics with a unique identifier that allow us (or a third party) to track general usage patterns of visitors to a website. Unlike cookies, which are stored on a computer’s hard drive, Pixels are small graphics that are about the size of the period at the end of a sentence that are embedded invisibly on web pages or in HTML-based emails. Wacker Neuson may use pixels in its emails to you to determine whether you opened an email from Wacker Neuson, and to collect other statistics and analytics.
2. Use of Data Collected
Wacker Neuson may use the Personal Information it collects to fulfill orders, provide customer support, communicate with you, and in its marketing efforts. Wacker Neuson may also use Personal Information for internal purposes, including, for solving technical problems, calculating overall usage statistics, for internal marketing and promotional purposes, product development, and content improvement. Wacker Neuson may use Personal Information for any other purpose to which you consent and as generally permitted by law.
3. Sharing of Data Collected
4. Third Party Data Collection
5. Third Party Links
If you use any functionality of this website allowing you interact with social media platforms such as Facebook or otherwise interact with us on social media, generally, then please be aware that: (a) Wacker Neuson may display your email address and/or social media handle (e.g., username) to other users; (b) Wacker Neuson may use information you provide about yourself or other users to facilitate communications; and (c) Wacker Neuson may collect information about interactions with us and receive information from social media platforms about you.
6. User ID and Password
You are responsible for all actions taken with your User ID and password, including fees or expenses related to their misuse. Therefore Wacker Neuson recommends that you do not disclose your User ID or password to any third parties for whose actions you do not wish to be completely liable. If you lose control of your password, you may lose substantial control over your Personal Information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password and notify us by e-mail or postal mail at the addresses listed below.
7. Communications from Us
If you provide Wacker Neuson with your contact information, it will provide you with materials and may contact you by postal mail, e-mail, telephone or other means. If you do not wish to receive further information from us, or you would like to receive only certain kinds of communications from us, please contact us by e-mail or postal mail at the addresses listed below. You may also opt-out of receiving future marketing communications from Wacker Neuson by clicking on the “unsubscribe” link at the bottom of any e-mail from Wacker Neuson.
Wacker Neuson intends this website for use only by individuals who are 18 years of age or older (or such other age of majority as may apply in your state, province or other jurisdiction of residency). Please do not use this website if you are not at least 18 years of age (or such other age of majority as may apply in your state, province or other jurisdiction of residency).
Since Wacker Neuson is committed to your privacy and security, it has put in place physical, electronic and managerial procedures to attempt to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information it collects online. However, please remember that no transmission of data over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while Wacker Neuson strives to protect your Personal Information, it cannot ensure or warrant the security of any information that you transmit to it or from it, and you do so at your own risk. When you place an order or access your Personal Information, Wacker Neuson offers the use of a secure server. Once it receives your transmission, Wacker Neuson uses its commercially reasonable best efforts to ensure its security on its systems.
9. Contacting Us
Wacker Neuson America Corporation
N92 W15000 Anthony Avenue
Menomonee Falls, WI 53051
Appendix A Privacy Information for California Residents
This Appendix applies solely to individuals who reside in the State of California (“consumers” or “you”). This Appendix complies with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Appendix. This Appendix does not apply to personal information outside the scope of the CCPA.
1. Wacker Neuson as a Service Provider
When Wacker Neuson acts as a service provider for its customers, it collects personal information on behalf of its customers subject to its contractual obligations. When Wacker Neuson acts as a service provider, it follows the instructions of its customers on how to process personal information on the customer’s behalf. The provisions of this Appendix do not apply to the personal information that Wacker Neuson processes on behalf of its business customers, which may include dealers and other points of distribution.
2. What Personal Information We Collect and How We Share it
The chart below lists the categories of personal information that Wacker Neuson may collect and has collected in the past 12 months and how it uses such information.
|Categories of Personal Information||Categories of Services Providers and Third Parties with whom Personal Information is Shared|
|Identifiers. This may include a real name, alias, address, email address, phone number, online identifier, IP address, account username, job title, employer name, or other similar identifiers.||Entities that we are required to share with pursuant to law or for legal proceedings; service providers; our affiliates; data analytics providers; prospective purchasers of our business; outside auditors and lawyers; social media networks; and our dealer partners.|
|Internet and network information. This may include information on your interaction with a website, application, or advertisement, such as browsing history and how you use your account.||Entities that we are required to share with pursuant to law or for legal proceedings; service providers; our affiliates; data analytics providers; and social media networks.|
|Device information. This may include the operating system of your device, device identifier, the type of device you are using, or your geolocation information.||Entities that we are required to share with pursuant to law or for legal proceedings; service providers; data analytics providers; and social media networks.|
|Order information. This may include information about what you order, wish lists, machine configuration, shipping, returns, product complaints, or warranties.||Entities that we are required to share with pursuant to law or for legal proceedings; service providers; our affiliates; data analytics providers; prospective purchasers of our business; outside auditors, insurers, and lawyers; and our dealer partners.|
|Payment and credit information. This may include your credit or debit card information, banking information, information about your payment transaction, or other financial information you provide us.||Entities that we are required to share with pursuant to law or for legal proceedings; service providers; our affiliates; prospective purchasers of our business; outside auditors and lawyers; and our dealer partners.|
|Other information you submit to us. This may include requests or communications you submit to us, including emails, ratings, or customer service call recording.||Entities that we are required to share with pursuant to law or for legal proceedings; service providers; our affiliates; prospective purchasers of our business; outside auditors and lawyers; social media networks; and our dealer partners.|
|Research or survey information. This may include survey results, social media data, and other information about your participation in consumer research.||Entities that we are required to share with pursuant to law or for legal proceedings; service providers; our affiliates; prospective purchasers of our business; social media networks; and our dealer partners.|
|Inferences we draw about you. This may include information about your preferences, characteristics, predispositions, behavior, or other trends that help us identify which products you may be interested in.||Entities that we are required to share with pursuant to law or for legal proceedings; service providers; our affiliates; data analytics providers; and social media networks.|
|Applicant Information. This may include your name, address, resume, work history, education, cover letter, drug screening information, and background check information.||Entities that we are required to share with pursuant to law or for legal proceedings; service providers; and our affiliates.|
3. How We Use Personal Information
We may use personal information in the following ways:
- To provide you with information, products, or services;
- For warranty purposes;
- To provide and operate our website;
- To improve our products or services;
- To connect you with our dealer partners;
- To evaluate you for employment;
- To begin the employment process;
- To advertise or market to you; and
- For our own legal obligations and business needs.
4. Sale of Personal Information
CCPA defines a “sale” of personal information broadly to include more than exchanges for monetary purposes. A sale can include personal information shared with a third party for “valuable consideration,” or information shared with a third party (even if they are performing services on its behalf) if they are permitted to use the information for their own purposes.
5. Personal Information Sales Opt-Out
If you are 16 years of age or older, you have the right to direct Wacker Neuson to not sell your personal information at any time (the “right to opt out”). Wacker Neuson does not sell the personal information of consumers it actually knows are less than 16 years of age, unless it receives affirmative authorization (the “right to opt in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt in to personal information sales may opt out of future sales at any time.
To exercise the right to opt out, you (or your authorized representative) may submit a request to Wacker Neuson at firstname.lastname@example.org.
Once you make an opt-out request, Wacker Neuson will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by visiting our contact page at www.wackerneuson.com/en/us/contact/contact-form.
You do not need to create an account with Wacker Neuson to exercise your opt-out rights. Wacker Neuson will only use personal information provided in an opt-out request to review and comply with the request.
6. California Residents’ Rights and Choices
The CCPA provides California residents with specific rights regarding their personal information, described below. Below are your CCPA rights and how to exercise those rights.
a. Access to Specific Information and Data Portability Rights (“Right to Know”)
You have the right to request that Wacker Neuson discloses certain information to you about its collection and use of your personal information over the past 12 months. You could request:
- The categories of personal information Wacker Neuson collected about you;
- The categories of sources of the personal information Wacker Neuson collected about you;
- Wacker Neuson’s business or commercial purpose for collecting that personal information;
- The categories of third parties with whom Wacker Neuson shares that personal information; or
- The specific pieces of personal information Wacker Neuson collected about you.
Wacker Neuson employees and employees of its business partners and service providers do not have a Right to Know.
b. Deletion Request Rights (“Right to Deletion”)
You have the right to request that Wacker Neuson deletes some or all of the personal information that it has collected from you and retained, subject to a number of exceptions. Wacker Neuson is not required to delete personal information that is: (a) necessary to complete a transaction with you or for warranty or product recalls; (b) used for security purposes, to prevent fraud, to fix errors, or to comply with law; (c) reasonable for Wacker Neuson to use for internal purposes given its relationship with you; or (d) compatible with the context in which you provided the information. The list of exceptions above is not exhaustive, and Wacker Neuson may also deny a deletion request as otherwise permitted by law.
Wacker Neuson employees and employees of its business partners and service providers do not have a Right to Deletion.
c. Exercising Your Rights
To exercise your rights described above, please submit a verifiable consumer request to Wacker Neuson by either:
- Calling Wacker Neuson at 1-800-770-0957.
- Emailing Wacker Neuson at email@example.com.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. If you are making a request on behalf of another person, you must provide written legal documentation that you are authorized to act on behalf of that individual.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows Wacker Neuson to reasonably verify you are the person about whom Wacker Neuson collected personal information or an authorized representative; and
- Describe your request with sufficient detail that allows Wacker Neuson to properly understand, evaluate, and respond to it.
Wacker Neuson may not be able to fulfill your request or provide you with personal information if it cannot verify your identity or authority to make the request and confirm the personal information relates to you. To verify your identity, Wacker Neuson may request up to up to three pieces of personal information about you, and Wacker Neuson reserves the right to take additional steps as necessary to verify your identity if it has reason to believe a request is fraudulent.
d. Response Timing and Format
Wacker Neuson endeavors to respond to a verifiable consumer request within 45 days of its receipt. If Wacker Neuson requires more time (up to 90 days), it will inform you of the reason and extension period in writing. Any disclosures Wacker Neuson provides will only cover the 12-month period preceding the date it receives your verifiable consumer request. The response it provides will also explain the reasons Wacker Neuson cannot comply with a request, if applicable. For data portability requests, Wacker Neuson will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
Wacker Neuson does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If Wacker Neuson determines that the request warrants a fee, it will tell you why it made that decision and provide you with a cost estimate before completing your request.
You have the right to not be discriminated against for exercising any of your CCPA rights. Unless permitted by the CCPA, Wacker Neuson will not:
- Deny you goods or services;
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
- Provide you a different level or quality of goods or services; or
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. For example, we may provide discounted pricing for signing up for our mailing list. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
7. Other California Privacy Rights
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of Wacker Neuson’s website that are California residents to request certain information regarding its disclosure of personal information to third parties for its direct marketing purposes. To make such a request, please contact Wacker Neuson through the information provided above. This website does not respond to “do not track” requests. All traffic is treated as equal and processed the same. If you desire to have your browsing be private, Wacker Neuson suggests that you use your web browser’s private or incognito function, or a similar option.