The Terex Corporation, its business divisions, its affiliated companies and subsidiaries (hereinafter jointly referred to as "Terex") respect your privacy. We would like to take this opportunity to illustrate the ways in which we protect your data and the implications for you when you use our services. To ensure the greatest possible protection of your privacy, it goes without saying that we comply with all statutory provisions in the field of data protection. We comply with the provisions of the General Data Protection Regulation ("GDPR") as well as with those of the new German Federal Data Protection Act (Bundesdatenschutzgesetz Neu) based on the amendments made to data protection law in accordance with Regulation (EU) 2016/679 and in order to implement Regulation (EU) 2016/680 (Data Protection Amendment and Implementation Act EU).
1. Scope of application
2. Name and address of the controller
The data controller and service provider is TEREX Deutschland GmbH, Industriestr. 3, 76669 Bad Schönborn, Germany (hereinafter referred to as "TEREX").
3. Name and address of the data protection officer
Our data protection officer is Herr Rechtsanwalt Dr. Karsten Kinast, LL.M., KINAST Rechtsanwaltsgesellschaft mbH, Hohenzollernring 54, 50672 Köln, Germany, Tel.: +49 221 222183-0, E-Mail: mail(at)kinast.eu, Website: www.kinast.eu
Please feel free to contact our data protection officer at any time if you have any questions pertaining to data protection.
4.General points regarding data protection
We generally collect and use personal data of our users only to the extent that this is necessary in order to provide a functioning website and our content and service.
4.1. Personal data
"Personal data" means any information relating to an identified or identifiable natural person ("data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
4.2. Processing of personal data
"Processing" means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Personal data is collected via this website if you provide it to us of your own accord, e.g. when making contact by filling in forms or sending emails. We use this data for the respective purposes stated or for purposes that become apparent from the enquiry made – for instance, the provision of your email address to enable us to get in touch with you. Data will only be transferred to third parties if statute expressly permits this or if, in the context of your application or during an active business relationship, you have consented to such transfer. Apart from that you are able to use the general information available at www.terex-fuchs.com without disclosing your personal data.
In particular, personal data is processed as follows:
4.2.1. Contact form
If you use the option of sending enquiries to us via our contact form, we will ask you for the name of your company, your title, your first name and surname, town, telephone number (optional) and email address. In addition, you are able to enter your individual message to us in the message field.
You are free to decide whether to provide these details. If you do not provide them, however, we will not be able to fulfil your contact request.
Your email address will be used to allocate your enquiry and to respond to you. When you use the contact form, your personal data will not be passed on to third parties.
The data described above for the purposes of making contact is processed in accordance with point (b) of Article 6(1) and point (f) of Article 6(1) GDPR.
4.2.2. Ordering brochures
If you would like to order current brochures and promotional materials regarding Fuchs and our products, we require the following personal data from you besides your consent in order to send you a personalised brochure:
In addition you can use the message field in order to enter your individual message to us. You are free to decide whether to provide these details. If you do not provide them, however, we will not be able to send you the brochure. When you use the order form, your personal data will not be passed on to third parties. We will store your data until you unsubscribe from the brochure ordering service. If you wish to unsubscribe please contact info.terex-fuchs(at)terex.com. After you have unsubscribed from delivery, your data will be deleted. We may continue to store your data in some cases if this is required by law.
The legal basis for the processing of data following a user's registration to receive brochures and if the user has granted their consent is point (a) of Article 6(1) GDPR.
4.3. Legal basis for the processing of personal data
Personal data pertaining to our users is generally only collected and used only with the user's consent. Insofar as we obtain the consent of data subjects for the processing of personal data, point (a) of Article 6(1) GDPR is the legal basis for the processing of personal data.
An exception applies in cases where, due to the actual circumstances, it is not possible to obtain prior consent and where the processing of data is permitted by statutory provisions. If the processing of personal data is necessary for the performance of a contract whose contracting party is the data subject, the legal basis is point (b) of Article 6(1) GDPR. This also applies to any processing that is necessary in order to implement pre-contractual measures.
If the processing of personal data is necessary for compliance with a legal obligation to which we are subject, the legal basis is point (c) of Article 6(1) GDPR. If the processing of personal data is necessary for the purposes of safeguarding a legitimate interest of our company or of a third party, and if the interests or fundamental rights and freedoms of the data subject do not override that interest, the legal basis for the processing is point (f) of Article 6(1) GDPR.
In the following we set out in detail the data processing operations that occur when using cookies.
In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard disk according to the browser you use and through which certain information flows to the place that sets the cookie. Cookies cannot run programs or transmit viruses to your computer. They serve to make the website more user friendly and effective overall.
This website uses the following types of cookies, the scope and function of which are explained below:
a. Transient cookies are automatically deleted when you close your browser. This includes session cookies in particular. These store a "session ID", with which different requests from your browser can be associated with the common session. This will allow your computer to be recognised when you return to our website. Session cookies are deleted when you log out or close your browser.
b. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. You can delete cookies at any time in the security settings of your browser.
c. You can configure your browser settings according to your preferences and
refuse the acceptance of third party cookies or all cookies, for example. "Third party cookies" are cookies set by a third party, therefore not by the actual website you are currently visiting. Please note that you may not be able to use all functions of this website if you disable cookies.
5.2. Use of Google Analytics
This website uses Google Analytics, a web analysis service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland ("Google"). Google Analytics uses "cookies", which are text files stored on your computer to help the website analyse how you use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, if IP anonymisation is activated on this website, Google will first truncate your IP address within Member States of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with further services associated with website and internet use.
(2) The IP address transmitted by your browser in relation to Google Analytics is not merged with other Google data.
As an alternative to the browser add-on, in particular, in the case of browsers on mobile end devices, you can also prevent the collection of data by Google Analytics by clicking the following link. An opt-out cookie will be placed which will prevent the future collection of your data when visiting this website. The opt-out cookie is only valid in that browser and only for our website and will be set on your device. If you delete the cookies in that browser, you must set the opt-out cookie again.
(4) This website uses Google Analytics with the extension "_anonymizeIp()". As a result, IP addresses are further processed in abbreviated form, which ensures that you cannot be personally identified. Where data collected about you would enable you to be personally identified, it will be excluded immediately and the personal data will be deleted immediately.
(5) We use Google Analytics to analyse and regularly improve the use of our website. Using these statistics, we can improve our offering and make it more interesting for you as a user. For the exceptional cases in which personal data are transferred to the USA, Google complies with the EU-US Privacy Shield, www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is point (f), sentence 1 of Article 6, (1) GDPR.
(6) Information about the third party provider: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. User conditions:
(7) This website also uses Google Analytics for cross-device analysis of visitor traffic that is carried out via a user ID. You can deactivate cross-device analysis of your usage in your customer account under "My data", "Personal data".
5.3. Use of social media plug-ins
(1) We currently use the following social media plug-ins: [Facebook, Google+, Twitter, Xing, T3N, LinkedIn, Flattr]. We use the "two-click" solution. This means that when you visit our site, no personal data are initially passed on to the providers of the plug-ins. The provider of the plug-in is identified on the relevant box by their initial letter or logo. We offer you the possibility to communicate directly with the provider of the plug-in via a special button. The plug-in provider only learns that you have accessed the corresponding website of our online offering if you click on the button and thereby activate it. In addition, the data referred to in paragraph 3 of this Policy will be transmitted. In the case of Facebook and Xing, the IP address is anonymised immediately after collection, according to the respective provider in Germany. By activating the plug-in, personal data relating to you is therefore transferred to the relevant plug-in provider and stored there (for US providers, this will be in the USA). Since the plug-in provider mainly collects data via cookies, we recommend that you delete all cookies through your browser's security settings before clicking on the greyed-out box.
(2) We have no influence over the data collected and data processing processes, nor are we aware of the full extent of data collection, the purposes of processing or the storage periods. Furthermore, we have no information about deletion of the data collected by the plug-in provider.
(3) The plug-in provider stores the data collected about you as user profiles and uses these for the purposes of advertising, market research and/or customisation of its website. This kind of analysis takes place in particular (including for users who are not logged in) in order to show you targeted advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles; you would have to contact the relevant plug-in provider to exercise this right. Through the plug-ins we offer you the possibility to interact with the social networks and other users, so that we can improve our offering and make it more interesting for you as a user. The legal basis for the use of the plug-ins is point (f), sentence 1 of Article 6, (1) GDPR.
(4) The data are passed on regardless of whether you have an account with the plug-in provider and are logged in there. If you are logged in with the plug-in provider, your data collected with us will be directly associated with your existing account with the plug-in provider. If you click on the activated button and link to the page, for example, the plug-in provider will also save this information in your user account and communicate it to your contacts publicly. We recommend that you log out regularly after using a social network, especially before activating the button, as this way you can avoid being associated with your profile with the plug-in provider.
(5) Further information on the purpose and scope of data collection and its processing by the plug-in provider can be found in the privacy policies of these providers as set out below. These will also give you further information about your rights in this regard and setting options to protect your privacy.
(6) Addresses of the relevant plug-in providers and URLs with their privacy policies:
a. Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, USA;
www.facebook.com/policy.php; further information on data collection: www.facebook.com/help/186325668085084, www.facebook.com/about/privacy/your-info-on-other and www.facebook.com/about/privacy/your-info. Facebook complies with the EU-US Privacy Shield, www.privacyshield.gov/EU-US-Framework.
b. Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland; www.google.com/policies/privacy/partners/. Google complies with the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
c. Twitter, Inc., 1355 Market St, Suite 900, San Francisco, California 94103, USA; twitter.com/privacy. Twitter complies with the EU-US Privacy Shield, www.privacyshield.gov/EU-US-Framework.
d. Xing AG, Gänsemarkt 43, 20354 Hamburg, Germany; www.xing.com/privacy.
e. T3N, yeebase media GmbH, Kriegerstr. 40, 30161 Hannover, Germany; t3n.de/store/page/datenschutz.
5.4. Xing plug-ins
www.xing.com/app/share and www.xing.com/privacy.
5.5. Legal basis
The aforementioned data processing operations and the purposes for those operations constitute our legitimate interest. The legal basis for this is point (f) of Article 6(1) GDPR.
6. Security measures to protect the data stored with us
We have implemented organisational and technical security measures to protect your data, in particular against loss, manipulation and unauthorised access. We regularly update our security measures to reflect ongoing technical developments. Our employees receive intensive information and training, and are subject to an obligation to comply with the principle of data secrecy, in order to ensure that your data is treated confidentially. Furthermore, our security measures mean we occasionally ask for proof of your identity, in particular in the event of telephone contact with our customer service.
7. Use of service providers for the processing of personal data/processing of data in countries outside of the European Economic Area
If we use service providers in order to supply goods and/or provide services and to process your data in the context of our services and products, these service providers process the data only in accordance with our instructions and have been placed under an obligation to comply with applicable data protection provisions. All commissioned data processors have been carefully selected and are only given access to your data to the extent and for the time necessary to supply goods and/or provide services and to the extent to which you have consented to data processing and usage.
Service providers in countries such as the USA or countries outside of the European Economic Area are subject to data protection provisions that, generally speaking, do not protect personal data to the same extent as is the case with the Member States of the European Union. If your data is processed in a country that is not recognised as having the high levels of data protection found in the European Union, we deploy contractual provisions or other recognised instruments in order to ensure that your personal data is suitably protected.
8. Storage time
We store your personal data only for such time as is permissible by statute. Any personal data stored is deleted if the user revokes their consent to storage or if the data is no longer required for the purpose for which it was stored, in particular if the user account is being deleted or if storage is inadmissible for any other statutory reasons. This does not affect the relevant statutory retention periods as per the German Commercial Code (Handelsgesetzbuch) or the German General Fiscal Code (Abgabenordnung). During the statutory retention period, your personal data will be blocked and will not be subject to any other data processing.
9. Rights of the data subject
9.1. Right of access
You have the right at any time to obtain access to information regarding data pertaining to you that is stored by us, including its origin, recipients or categories of recipient to whom the data is disclosed, and the purpose of the storage.
9.2. Right to withdraw consent
If you have consented to the use of data, you may withdraw your consent at any time with effect for the future without giving reasons. To do this, simply send an email to: info.terex-fuchs(at)terex.com or your written withdrawal of consent to: TEREX Deutschland GmbH, Industriestr. 3, 76669 Bad Schönborn, Germany
9.3. Right to rectification
You shall have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning yourself. Taking into account the purposes of the processing, you shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
9.4. Right to erasure and blocking
You have the right to obtain the blocking and erasure of data stored by us pertaining to your person. Your personal data will, as a rule, be erased within 2 working days after you have exercised this right. If there are statutory, contractual, tax-law related or commercial retention rights or any other statutory reasons that prevent any erasure, your data may only be blocked rather than erased. After your data has been erased it is no longer possible to comply with any data access request.
9.5. Right to data portability
If you request that the personal data you have provided to us be returned to you, we will hand over or transfer the data in a structured, commonly used and machine-readable format, either to you or to another responsible person, at your request. We will only transfer the data provided that this is technically feasible.
9.6. Right to object
You have the right to object to data processing at any time and without giving reasons. This may, however, mean that after the right to object has been exercised we are no longer able to offer our services to their full extent, given that certain services necessarily require the processing of certain personal data.
9.7. Contact details to exercise the rights of data subject
If you contact us by email at info.terex-fuchs(at)terex.com or by post to TEREX Deutschland GmbH, Industriestr. 3, 76669 Bad Schönborn, Germany, we will store the details provided by you (your email address; possibly your name and telephone number) in order to answer your questions and/or deal with your request. We will delete the data arising in this context once it no longer needs to be stored, or will restrict any processing in the event that there are any statutory retention obligations.
10. Right to lodge a complaint with a supervisory authority
Furthermore, without prejudice to any other administrative or judicial remedy, you shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to yourself infringes this Regulation.