Privacy Policy

Tigercat Industries Inc. and Tigercat AB Privacy Policy

Last Updated: August 23, 2018

Your privacy is important to Tigercat Industries Inc. and Tigercat AB (the relevant Tigercat entity which processes your personal data being referred to as “Tigercat”, “our”, “us” or “we” in this policy). The purposes of this policy (“Privacy Policy”) is to inform you about (i) how Tigercat Industries Inc. collects, uses and discloses your personal information in accordance with Canadian privacy laws , (ii) how Tigercat AB as controllerprocesses your personal data in accordance with the European Union (“EU”) Regulation No. 2016/679 of 27 April 2016 known as the General Data Protection Regulation (“GDPR”), (iii) how Tigercat Industries Inc. as controller processes personal data of individuals who are in the EU or an European Economic Area (“EEA”) non-EU country to the extent such processing would fall under the extraterritorial scope of the GPDR or the law transposing the GDPR in an EEA non-EU country (any reference herein to the GDPR including a reference to such EEA country law) because it is related to (a) the offering of goods or services to such individuals or (b) the monitoring of their behaviour within the EU or the relevant EEA non-EU country as well as (iv) to inform you of other important information regarding your privacy.

By using one of our websites which we choose to link to this Privacy Policy, or by choosing to submit personal information to Tigercat, you signify your consent to all of the terms of this Privacy Policy for the purposes of Canadian privacy laws. If you do not agree with any terms of this Privacy Policy, please do not use our websites or submit any personal information to Tigercat.

Tigercat reserves the right to modify this Privacy Policy at any time. We will reflect any such modifications to this Privacy Policy on this page, and will indicate the date this Privacy Policy was last amended. Your continued access to and/or use of our websites or provision of personal information to us after any such changes constitutes your acceptance of, and consent to, this Privacy Policy, as revised, for the purposes of Canadian privacy laws to the extent applicable. Please periodically review this Privacy Policy so that you know what personal information we collect, how we use it, and with whom we may share it.

Personal Information

Personal information (as this term is understood under Canadian privacy laws) or personal data (as this terms is understood under the GDPR) is any information about you as an identifiable individual. Personal information or personal data does not include information that is about a company or other legal entity and not an individual, such as a business address, business email address, and business telephone number or business fax number (other than those of a specific person in the business). In this Privacy Policy, both terms “personal information” and “personal data” will be used interchangeably despite the latter having a potentially slightly larger scope than the former.

How We Collect Personal Information

As a current or potential user of Tigercat products, there are many ways that we could acquire personal information about you. This includes, but is not limited to, the following methods:

When you contact our staff or an authorized Tigercat distributor to request information about a Tigercat product you may be interested in (including, but not limited to, telephone, fax, traditional post and email),
When you enter into a purchase, rental or lease agreement with an authorized Tigercat distributor,
When you have an authorized Tigercat distributor service your machine,
When you purchase parts from an authorized Tigercat distributor,
If you participate in a Tigercat survey, contest or promotion,
When you contact us with a question, including a question regarding our products, or contact us for another purpose, including when you use the “Ask an Expert” feature on one of our websites,
When you complete our warranty registration process,
If you subscribe to receive communications from us, including our Between the Branches magazine,
When you otherwise choose to provide personal information to us.

What Information Do We Collect?

During the various types of contact discussed in the previous paragraph, we may collect some or all of the following information:

Your name, address, telephone number, email address and fax number,
Information you provide us or that is provided to you when you create an account, such as your user name, and Tigercat account password,
Information regarding your occupation, and any biographical data you choose to provide to us,
Information about your company (e.g. number of crews, terrain normally encountered, species, age and size of timber encountered, description of harvesting method and type of operation),
Information about your current equipment and any trade-in(s),
Details of your machine, including its service history and warranty status, and the dealer you interact with,
Information regarding your preferences, such as whether you want to be contacted by us, and
Other information you choose to provide us.

How and on what legal basis do we use or otherwise process your personal information?

The personal information we collect may be used or otherwise processed for the purposes for which it was collected, as provided in this Privacy Policy, or for other purposes that are disclosed to you and to which either you consent when Canadian privacy laws apply or one of the legal grounds set out in the GPDR applies. For example, we may use your personal information for the following purposes and, when the GDPR applies, on the following legal grounds:

Purpose	Legal ground under the GPDR
to operate our websites in accordance with their terms and conditions, including any “Ask an Expert” function enabling you to submit your name, email address and telephone number,	consent for installing cookies on your terminal and, otherwise, our legitimate interests
to facilitate, complete or confirm, an agreement you choose to enter with us,	either the processing is necessary for the taking of steps at your request prior to entering into a contract between us and you as an individual or for the performance of such contract (failing which we may not enter into such a contract to begin with), or (if the processing is not necessary for such purposes but only helpful or if the contract is with a company and the relevant individual only represents the relevant company) our legitimate interests
to provide products and services to you such as, but not limited to, reminder notices that your vehicle requires servicing,	either the processing is necessary for the taking of steps at your request prior to entering into a contract between us and you as an individual or for the performance of such contract (failing which we may not enter into such a contract to begin with), or (if the processing is not necessary for such purposes but only helpful or if the contract is with a company and the relevant individual only represents the relevant company) our legitimate interests
to respond to your questions or inquiries or to any exercise of your rights under the GDPR	our legitimate interests
to administer our warranty program	either the processing is necessary for the taking of steps at your request prior to entering into a contract between us and you as an individual or for the performance of such contract (failing which we may not enter into such a contract to begin with), or (if the processing is not necessary for such purposes but only helpful or if the contract is with a company and the relevant individual only represents the relevant company) our legitimate interests
to assist Tigercat distributors and the providers of products or services relating to your machine, your financial institutions or financing agencies, your insurance agent or any company which provides or insures warranties relating to your machine	our and their legitimate interests
to conduct market research and surveys,	our legitimate interests
to conduct promotional activities, including contests,	our legitimate interests
to improve our products, services and website,	our legitimate interests
to supply you with requested information, such as our Between the Branches magazine,	our legitimate interests
to verify with you whether the information we hold regarding you is correct,	our and your legitimate interests
to send you informational or promotional communications that you have agreed to receive, such as information regarding products and services that we have to offer that we think that will be of interest to you (such as our newsletter, product support bulletins and product literature),	consent when we send direct marketing electronic messages to end-users who are natural persons and the communications do not concern products or services similar to those sold by the same Tigercat entity to such end-user; in all other circumstances, our legitimate interests
to coordinate the activities of our affiliates,	our legitimate interests
to provide relevant information to investors in and lenders of our companies and their businesses (including in case we assign or give security over our client receivables),	our legitimate interests
to defend our rights in court	our legitimate interests
to provide information that we are obliged to provide to authorities	our legal obligations
to carry out other purposes that are disclosed to you and to which you consent or which are based on another legal ground recognised by the GPDR (or the law transposing the GDPR in an EEA non-EU country) when it applies,	may vary
to carry out any other purpose permitted or required by law, such as informing you of a recall that may affect you,	our legal obligations
to (i) create aggregate, anonymized data sets; and (ii) compile statistical and other information related to your Tigercat equipment, and use such information in aggregate form, for security and operations management, to create statistical analyses, improve and enhance our products and services, and for research and development purposes.	our legitimate interests

Personal information we collect online may also be combined with information you have provided to us through other sources such as over the telephone as well as Telematics Data (see below).

Sometimes we share your Personal Information with Others

We do not sell your information to third parties. We may share some or all of your personal information with our affiliates (for the purposes of taking strategic decisions at group level) as well as authorized Tigercat distributors and the providers of products or services relating to your machine, financial institutions or financing agencies, your insurance agent or company and companies which provide or insure warranties relating to your machine, industry statistics agencies.

We may also disclose your personal information as necessary to enforce our legal rights, defend legal claims and if required by law to disclose to courts, police, law enforcement agencies or regulators, to relevant authorities and more generally where we are required or permitted by law to do so.

Your personal information may also be sent to third party suppliers who assist us with the purposes described in this Privacy Policy. For example, this many include service providers such as (including but not limited to): graphic production agencies, mailing agencies and industry trade publishers, service providers that assist us with processing or storing data, lawyers or chartered accountants.

We reserve the right to transfer any personal information we have in the event that we merge with or are acquired by a third party or should any such transaction be proposed as well as, more generally, to investors in and lenders of our companies and their businesses (including in case we assign or give security over our client receivables). We may also use, or disclose personal information to third parties, if we have reason to believe that using or disclosing such information is necessary to: (i) conduct investigations of possible breaches of law; (ii) identify, contact, or bring legal action against someone who may be violating an agreement they have with us; (iii) investigate security breaches or cooperate with government authorities pursuant to a legal matter; or (iv) to protect our rights, safety or property. Lastly, we may disclose your personal information for any other purpose to which you consent or which is based on another legal ground recognised by the GPDR when it applies.
Such affiliates, third-party service providers and other persons to whom we transfer your personal data may be entities established in Andorra, Argentina, Faroe Islands, Guernsey, Israel, Isle of Man, Jersey, New Zealand, Switzerland or Uruguay, entities who are Privacy Shield accredited organisations established in the United States of America or businesses in Canada, whereupon the transfer will be based for the purposes of the GDPR on the relevant adequacy decision of the European Commission pursuant to Directive 95/46/EC which avails under article 45 of the GDPR. In case of a third-party service provider located in the USA that that is not a Privacy Shield accredited organisation or in a country for which there is no such adequacy decision, we will ensure that the relevant entity either has entered into a data transfer agreement containing clauses offering an adequate level protection according to the European Commission, has adopted corporate binding rules or has implemented other appropriate safeguards pursuant to article 46 of the GDPR or that a derogation contemplated at article 49 of the GDPR applies; in the case of transfers based on appropriate safeguards referred to in Article 46 or 47 of the GDPR, or based on a derogation referred to in the second subparagraph of Article 49(1) of the GDPR, you can obtain a copy of the relevant appropriate or suitable safeguards by contacting us.

How do we Collect, Use and Disclose Telematics Data?

If you use a Tigercat product that collects telematics data, and you have entered a telematics agreement with us, we may collect telematics data accordance with that telematics agreement. Subject to and without limiting the telematics agreement, such data may include data regarding your product, such as its uptime, utilization times, operating data, performance data, engine monitoring data (e.g. fuel consumption, engine hours, technical engine parameters, etc.), equipment performance parameters (e.g. hydraulic system performance, use of various equipment functions, distance traveled, etc.), telematics systems information (e.g. data used, signal performance, software versions, etc.), equipment geographical position, operator identification, equipment internal alerts and/or alarms, logs of acceptance and/or cancellation of alarms by the operator, time stamps, time when the equipment was performing its functions above settable thresholds, equipment down-time, equipment idle-time, equipment off-line time, other equipment location information, altitude, equipment performance, diagnostics and error codes, and other data regarding the use and operation of our product (collectively, “Telematics Data”).

We may use Telematics Data in accordance with that telematics agreement. Subject to and without limiting the telematics agreement, we may use such data to:understand all aspects of the use and operation of your Tigercat equipment, update software, help facilitate maintenance and repairs to your Tigercat equipment, remotely service, alter or upgrade the performance of your Tigercat equipment, aggregate and examine all collected information with like information from other subscribers, make reports to regulatory and law enforcement authorities based on collected information, monitor and optimize your Tigercat equipment maintenance and service, enable Tigercat and its service providers to improve or develop products and services, or components thereof, identify new usage types of the Tigercat equipment, and offer products and/or services to you.

To the extent that the processing of Telematics Data by us is subject to the GDPR, we inform you that this processing is based on our legitimate interests unless the telematics agreement is executed by an individual and the processing of of Telematics Data is necessary for the performance of this contract, in which case the legal ground will be the performance of such contract. We may also send Telematics Data to affiliates and third parties as indicated above.

How do we collect information through cookies, and other technological means?

When you visit on of our websites, we may collect information that is automatically sent to us by your web browser or your internet service provider. This information may include your domain name and your numerical IP address. We may also collect other information (such as the type of browser you use, which pages you view, how long you spend on our website, what parts of it you view, and the files you request). We use this information to better understand how visitors use and interact with our websites, and to improve our websites. The amount of information that is sent by your web browser depends on the browser and settings you use. Please refer to the instructions provided by your browser if you want to learn more about what information it sends to websites you visit, or how you may change or restrict this.

We may use a feature on your Internet browser called a “cookie” and/or other similar devices. Cookies are small files that your web browser places on your computer’s or device’s hard drive. They are used for a variety of reasons, such as tracking click streams, and for load balancing. Information tracked through these mechanisms may include, but is not limited to: (i) your IP address; (ii) the type of web browser and operating system being used; and (iii) the pages of the Site a user visits.

We may use both session cookies and persistent cookies. A session cookie is a temporary file which is only active while you are on the website and is erased once you close your browser. Unlike a session cookie, a persistent cookie is not deleted when you close your browser and will remain on your device indefinitely. We use cookies to identify when you return to our website, save login information (excluding passwords), track usage statistics, and store your preferences. We also use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the systembut from time to time we may use this information for running a remarketing/retargeting online advertising campaign. More specifically, the table below explains the cookies we use and why as well as their maximum duration (all strictly necessary cookies may not appear).

Developer	Name	Purpose	Duration
Universal Analytics (Google)	_utma _utmb _utmc _utmv _utmz	These cookies are used to collect information about how visitors use our website. We use the information to compile reports and to help us improve the website. The cookies collect information in an anonymous form, including the number of visitors to the website and blog, where visitors have come to the website from and the pages they visited. Read Google’s overview of privacy and safeguarding data (https://support.google.com/analytics/answer/6004245)	maximum period of 2 years.
YouTube cookies	PREF* VSC* VISITOR_INFO1_LIVE* remote_sid*	We embed videos from our official YouTube channel using YouTube’s privacy-enhanced mode. This mode may set cookies on your computer once you click on the YouTube video player, but YouTube will not store personally-identifiable cookie information for playbacks of embedded videos using the privacy-enhanced mode. Read more at YouTube’s embedding videos information page. (http://www.google.com/support/youtube/bin/answer.py?hl=en-GB&answer=171780)	PREF – * Expires after eight months VSC – * expires at the end of your session VISITOR_INFO1_LIVE – expires after eight months remote_sid – expires at the end of your session
Hotjar cookie	_hjClosedSurveyInvites	This cookie is set once a visitor interacts with a Survey invitation modal popup. It is used to ensure that the same invite does not re-appear if it has already been shown.	1 year
Hotjar cookie	_hjDonePolls	This cookie is set once a visitor completes a poll using the Feedback Poll widget. It is used to ensure that the same poll does not re-appear if it has already been filled in.	1 year
Hotjar cookie	_hjMinimizedPolls	This cookie is set once a visitor minimizes a Feedback Poll widget. It is used to ensure that the widget stays minimizes when the visitor navigates through your site.	1 year
Hotjar cookie	_hjDoneTestersWidgets	This cookie is set once a visitor submits their information in the Recruit User Testers widget. It is used to ensure that the same form does not re-appear if it has already been filled in.	1 year
Hotjar cookie	_hjMinimizedTestersWidgets	This cookie is set once a visitor minimizes a Recruit User Testers widget. It is used to ensure that the widget stays minimizes when the visitor navigates through your site.	1 year
Hotjar cookie	_hjIncludedInSample	This session cookie is set to let us know whether that visitor is included in the sample which is used to generate funnels.	1 year

We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of our websites and report on activities and trends, including through the collection and use of your IP address. This service may also collect information regarding the use of other websites, apps, and online resources. You can learn about Google’s practices by going to google.com/policies/privacy/partners, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at tools.google.com/dlpage/gaoptout.
Your browser gives you the option to reject cookies – we have inserted a link to the most common used browsers below.

Google Chrome (https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=en)
Microsoft Edge (https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy)
Mozilla Firefox (https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences)
Microsoft Internet Explorer (https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies)
Opera (https://www.opera.com/help/tutorials/security/privacy/)
Apple Safari (https://support.apple.com/kb/ph21411?locale=en_US)

However, setting your browser to reject cookies generally hinders the browser’s performance and will adversely affect your experience while using our websites, hence our advice to block only the cookies the purpose of which you do not consent.

When you create an account with us, we may gather data related to the use of your account, including all data and information related thereto, including but not limited to statistical information by logging IP addresses, browser type, operating system, referring/exit page, and date/time stamp for various purposes, including but not limited to research, advertising, customer experience testing and due diligence.

The Security of your Personal Information is Important to Us

The security of your personal information is important to us. We protect your personal information by maintaining physical, organizational and technological safeguards intended to help protect against unauthorized use, disclosure or access. Personal information may be accessed by persons within our organization, or our third party service providers, who require such access to carry out the purposes described in this Privacy Policy, or such other purposes as may be permitted or required by the applicable law. Personal information we collect is managed from Tigercat Industries Inc.’s offices at Brantford, ON and Tigercat AB’s offices in Hede, Sweden.
Although we have taken measures to help protect our websites, computer systems and any personal information that we have collected from unauthorized use, access, disclosure, misuse, alteration or destruction, no security measures can provide absolute protection. We cannot ensure or warrant the security of any information you provide to us.
Some or all of the personal information we collect may be stored or processed on servers located outside your jurisdiction of residence, including in the United States, whose data protection laws may differ from the jurisdiction in which you live. As a result, this information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions. Subject to applicable laws in such other jurisdictions, we will use reasonable efforts to ensure that appropriate protections are in place to require the data processor in that country to maintain protections on the Personal Information, including the appropriate safeguards required by the GDPR (as summarised above) when applicable.

How long do we use your Personal Information?

We will continue to use your personal information as long as we believe that you work in or have an interest in timber harvesting and production or that we and you or your company are in a contractual relationship, subject to our right to archive personal information as long as any limitation period relating to a potential dispute for which it would be relevant is not expired. We will discontinue the use of your personal information: i) once we are notified in writing that you are no longer involved in or have interest in the timber harvesting industry, ii) if we believe your personal information is inaccurate and we are not provided current personal information, or iii) if you withdraw your consent to our use of your information, and we do not have another legal basis for using that personal information.

To the extent that the relevant processing is governed by the GDPR, the table below provides details about how long we will process your data:

Personal data	Retention period
Google analytics data	We maintain a log of the views of our website or (through encoded beacons) emails by a browser identified by its cookie unique identifier – together with as the case may be information about the date, time, type of device used, operating system version, browser type and version, language setting and mobile network information – for maximum [13 months ] before anonymising the data. The cookies themselves expire as indicated above.
Personal data related to the execution, performance, modification and termination of contracts between us and you or the company you represent, including any telematics agreement	We will archive this data in the year following the end of our contract, and will delete these archives in the year following the expiry of the last limitation period to expire in respect of disputes for which such data could be relevant or, in case of court proceedings still pending at the date, in the year following the final settlement of such proceedings.
Information from enquiries	Until the enquiry has been completed and no further responses are received for 3 years. If you are an existing or past customer, the enquiry may however be added to other information that we hold about you as a current or past customer and kept in the same conditions the other data relating to the execution, performance, modification and termination of contracts.
Personal data collected when registering one for an email newsletter	3 years from your registration to our email newsletter or you last purchase or other contact (or until you tell us that you no longer wish to receive the email newsletter).
Data relating to the exercise of a right under the GDPR	We may archive this information and delete it in the year following the end of the limitation period applicable the offence that we could be accused of for not complying with this right.

What can you do if you want to limit the use to which we put your Personal Information?

For purchasers of our products, most of the personal information that we collect is necessary for us to provide the products and services related to the machine.
If you are receiving commercial email or text messages from us and no longer want to get these messages, you may unsubscribe by using the unsubscribe mechanism in this messages. For other uses and disclosure of your personal information, if you do not want us to use or disclose your personal information as described above, please contact our Privacy Officer (as described above) in writing and we will be pleased to discuss with you how we can limit collection, use or disclosure of your personal information. This corresponds to one instance of the exercise of the right of objection under the GDPR.

You can request access to or correction of your Personal Information

You have a right to access the personal information that we have about you and to request that personal information, which you believe to be inaccurate, be corrected, under both Canadian privacy laws and the GDPR. If you wish to access your personal information you should contact our Privacy Officer (as described below) in writing. Please note that in some cases we may not be able to allow you to access certain Personal Information in certain circumstances, for example if it contains personal information of other persons, or for legal reasons. We may require you to verify your identity before allowing you to access your personal information.

Other rights under the GDPR

Where the GDPR applies, we must also inform you as a data subject of your other rights under the GDPR:

the right of erasure;
the right to restrict the processing of your personal data;
the right to object to the processing of your personal data;
the right to have your personal data ported to another data controller;
the right to withdraw consent;
the right to lodge a complaint with a supervisory authority.

These rights are explained in more detail below, but if you have any comments, concerns or complaints about our use of your personal data, please contact us. We will respond to any rights that you exercise within a month of receiving your request, unless the request is particularly complex, in which case we will respond within three months.

Right to erasure

Where the GDPR applies, you can ask us to erase your personal data where:

you do not believe that we need your data in order to process it for the purposes set out in this privacy notice;
if you had given us consent to process your data, you withdraw that consent and we cannot otherwise legally process your data;
you object to our processing and we do not have any legitimate interests that mean we can continue to process your data; or
your data has been processed unlawfully or have not been erased when it should have been.

You cannot ask us to erase personal data to the extent its processing is necessary for the establishment, exercise or defence of legal claims.

Right to restrict processing of personal data

Where the GDPR applies, you may request that we stop processing your personal data temporarily if:

you do not think that your data is accurate. We will start processing again once we have checked whether or not it is accurate;
the processing is unlawful but you do not want us to erase your data;
we no longer need the personal data for our processing, but you need the data to establish, exercise or defend legal claims; or
you have objected to processing because you believe that your interests should override our legitimate interests.

Right to object to processing of your personal data

Where the GDPR applies, you may object to us processing your personal data where we rely on a legitimate interest as our legal grounds for processing.

If you object to us processing your personal data for direct marketing purposes, we have to stop processing your personal data for this purpose as soon as we process your objection.

If you object to us processing your personal data for another purpose, we must demonstrate compelling grounds for continuing to do so.

Electronic copies of your personal data (data portability)

Where the GDPR applies, you may ask for an electronic copy of your personal data – if any – which we hold electronically and which we process when we have entered into a contract with you. You can also ask for this electronic copy to be transmitted directly to another controller, where technically feasible.

Right to withdraw consent

Where the GDPR applies, in case of any processing of personal data based on your consent, you can withdraw your consent at any time whereupon we will cease such processing if it cannot be based on an alternative legal basis (without affecting the lawfulness of processing based on your consent before its withdrawal).

Right to lodge a complaint with a supervisory authority

It is important that you ensure you have read this privacy notice and, if you do not think that we have processed your data in accordance with this notice, you should let us know as soon as possible. You may also complain to the Swedish Data Protection Authority or any other competent supervisory authority.

Children

We do not knowingly collect personal information from children. If a child has already provided us with personal information, his or her parent or guardian may contact us for the purpose of deleting this information.

Third Party Sites

Our websites may contain links to other third party websites. These other websites may have their own privacy policies and terms and conditions that are not governed by this Privacy Policy. We are not responsible for the privacy practices or the content of any website(s) owned and operated by any third parties. Other websites may collect and treat information collected differently, so we encourage you to carefully read the privacy policy for each website you visit. Any links from our websites to other websites, or references to products, services or publications other than those of Tigercat, do not imply the endorsement or approval of such websites, products, services or publications by us.

Who do you contact should you have any questions or concerns?

If you would like to discuss this Privacy Policy in further detail please do not hesitate to contact our Privacy Officer for both Tigercat Industries Inc. and Tigercat AB.

Privacy Officer

T: 519.753.2000
Tigercat Industries Inc.
Attn: Privacy Officer
54 Morton Ave East
Brantford, ON N3R 7J5
CANADA

For the purposes of the GDPR, Tigercat AB is the representative in the EU of Tigercat Industries Inc. and its contact details are as follows:
TIGERCAT AB
INGER GRANNES VAG 85, SE-840 93
HEDE, SWEDEN
privacy@tigercat.se

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