External Privacy Notice

Introduction

Hyster-Yale Maximal Forklift (Zhejiang) Co., Ltd and Maximal Forklift (Zhejiang) Co., Ltd (collectively, "Maximal", "we" or "us") as subsidiaries of Hyster-Yale Materials Handling, Inc., have issued this External Privacy Notice (hereafter "Privacy Notice") to describe how we handle the personal information that we hold related to the representatives, employees, shareholders, directors and/ officers of our suppliers, vendors, distributors, resellers, consultants, professional advisers, business partners, dealers, visitors and any other third party with whom Maximal has entered into a business relationship (hereafter also referred to as "you").

We respect the privacy rights of individuals and are committed to handling personal information responsibly and in accordance with applicable law. This Privacy Notice explains who we are, how we collect, share and use personal information about you and how you can exercise your privacy rights in connection with it.

If you have any questions or concerns about our use of your personal information, please contact us at the contact details in the "How to contact us" section below.

1.    Entity responsible for processing your personal information

Maximal is responsible for the use of personal information it collects from you. For information relating to the particular data controller of your personal information, please see the list at the end of this Privacy Notice.  If you have any queries about the use of your personal information, please contact us using the “How to contact us” section below.

2.            Collection and Use of Personal Information

In the context of your agreement with Maximal, we may process the following personal information about you.

·                     Identification data – such as your name, date of birth.

·                     Contact details – such as business address, telephone/business email address, etc.

·                     Professional details – such as job title/position, affiliated organization, office location, etc.

·                     Financial characteristics – such as account number and bank details.

·                     National identifiers – such as tax ID and VAT number.

·                     Information relating to your sales history with us.

·                     Other information you choose to provide to us, for example the purpose of your visit if you visit one of our site locations.

·                     Other information that we collect in relation to our telematics services, such as user IDs (including card number, personnel number and operator training records) and device usage data.

·                     IP addresses from website visits.

We may collect and use personal information about you for the following purposes:

·                     For the purpose of general business relationship management within Maximal and for contractual purposes, including auditing the use of our services;

·                     To manage our daily business activities, such as executing payments;

·                     To manage any queries, complaints or claims relating to the services you provide to Maximal or that Maximal provides to you;

·                     For direct marketing, advertising and public relations purposes, in connection with Maximal's business activities, products and services (including to make recommendations about our services), and to inform you about important developments within Maximal;

·                     For product development purposes, to allow us to improve our products and services or develop new products and services;

·                     Where necessary to comply with laws and regulations, under judicial authorisation, or to exercise or defend the legal rights of Maximal or the Hyster-Yale global group of companies;

·                     To help us conduct our business more effectively and efficiently or check and improve the quality of our products and/or services;

·                     To carry out research and development with various Maximal partners;

·                     To investigate violations of law or breaches of other Maximal or Hyster-Yale policies.

We may also collect personal information from you when you use our websites. 

3.            Sharing of Personal Information

We take care to allow access to personal information only to those who require such access to perform their tasks and duties and to third parties who have a legitimate purpose for accessing it. Whenever we allow a third party to access personal information, we will implement appropriate measures to ensure the information is used in a manner consistent with this Privacy Notice and that the security and confidentiality of the information is maintained.

We may disclose your personal information to the following categories of recipients:

·                     To our group companies, third party services providers and partners who provide data processing services to us (for example, to support the delivery of our services), or who otherwise process personal information for purposes that are described in this Privacy Notice or notified to you when we collect your personal information; 

·                     To any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person;

·                     To a potential buyer (and its agents and advisers) in connection with any proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your personal information only for the purposes disclosed in this Privacy Notice;

·                     To any other person if we have lawful ground to permit the disclosure (e.g. your consent).

4.            Legal basis for the processing of personal information

We collect and process your personal information in accordance with applicable data protection laws. In general, before collecting and processing your personal information, we will disclose this Privacy Notice to you and, where required by applicable law, obtain your consent.

We collect and process personal information where necessary to perform our agreement with you (i.e. to manage our business relationship with you).  In some cases, we may need to process your personal information where required to comply with applicable laws. In such cases, the use of your personal information is necessary for us to comply with a statutory or contractual requirement. Without your personal information, we cannot manage our relationship with you, nor comply with applicable laws. In some very limited cases, we may also need your personal information to protect your vital interests or those of another person.

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the “How to contact us” section below.

5.            Security of Personal Information

Maximal maintains appropriate administrative, technical and physical safeguards designed to help maintain the confidentiality and integrity of your personal information and to protect it against accidental or unlawful destruction, accidental loss, unauthorised alteration, disclosure or access, misuse, and any other unlawful form of use of your personal information that Maximal has in its possession. In adherence with data protection laws and internal policies, Maximal addresses security at all appropriate technology infrastructure points. 

6.            International Data Transfers

Your personal information may be transferred to, and processed in, countries other than the country in which you are resident.  These countries may have data protection laws that are different to the laws of your country.

Hyster-Yale group companies, Maximal, and third party service providers and partners operate around the world.  This means that when we collect your personal information it may be processed in any of these countries.

However, we have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Privacy Notice. One example includes implementing the European Commission’s Standard Contractual Clauses (or agreements that incorporate them) for transfers of EU personal information between our group companies, which require all group companies to protect personal information they process from the EEA in accordance with European Union data protection law. Our Standard Contractual Clauses can be provided on request. 

We have implemented similar appropriate safeguards with our third party service providers and partners and further details can be provided upon request.

7.            Retention of Personal Information

We will store your personal information for as long as we have an existing relationship with you and otherwise as required by applicable law. Generally this means your personal information will be retained until the end of your contractual relationship with us and as long we have an ongoing legitimate business need to do so. Personal information will be kept for marketing purposes unless and/or until you opt-out from receiving marketing communications.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise it or, if this is not possible (for example, because your personal information has been stored in backup archives), we will securely store your personal information and isolate it from any further processing until deletion is possible.

8.            Your Data Privacy Rights

The following rights may be available to you under applicable data protection laws:

·                     Access, correct, update or request deletion of your personal information - you can do so at any time by contacting us using the contact details provided under the “How to contact us” heading below. 

·                     If you are a resident of the European Union, you can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. Again, you can exercise these rights by contacting us using the contact details provided under the “How to contact us” heading below.

·                     You have the right to opt-out of marketing communications we send you at any time.  You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you.  To opt-out of other forms of marketing (such as postal marketing or telemarketing), please contact us using the contact details provided under the “How to contact us” heading below.

·                     If we have collected and processed your personal information with your consent, you can withdraw your consent at any time.  Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

·                     To complain to an applicable data protection authority about our collection and use of your personal information.  For more information, please contact your local data protection authority. (Contact details for data protection authorities in the European Economic Area, Switzerland and certain non-European countries (including the U.S. and Canada) are available here.)

If you wish to exercise any of the rights described above, please contact us as described under the “How to contact us” section below. We will respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

9.            Updates to This Privacy Notice

This Notice was last updated on 18 July 2020. This section of the Notice will be updated with the last updated date anytime the Notice is changed in a material way.

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