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Cookie policy

Cookie policy TVH

This cookie policy (“Cookie Policy”) governs the use of cookies and social media plugins on the TVH website (https://www.tvh.com/, hereinafter: the “Website”). Cookies are small text files which are stored on a device’s hard drive and which contain certain information and sometimes personal data. Social media plugins are small pieces of software developed and provided by social media service providers (e.g. Facebook, LinkedIn, Google, YouTube, Pinterest, Instagram and Twitter), which add social media integration when built into the Website. 

NOTE 1: If you want general information on how we process your personal data other than the processing through cookies and social media plug-ins, including in relation to your communication with us via e-mail, telephone, fax and social media and in relation to any order or purchase via one of our webshops (MyTotalSource, TVH Bay, MyEquipmentFinder, MyQuickSupply), please refer to our Privacy Policy [add link].

NOTE 2: Please note that a separate data privacy statement, which is made available via the platform itself, governs the processing of personal data of people who choose to apply via our online job application platform. 

By continuing to use the Website or by clicking on “Yes, I Agree” after having been informed of our use of cookies and social media plugins, you acknowledge that you have read this Cookie Policy carefully and that you agree with it without reservation. You may at all times change your cookie preferences through the cookie settings.

  1. In general

Provision

Explanation

1.1 Your personal data are processed by TVH Group NV, Brabantstraat 15, 8790 Waregem, with corporate registration number 0822.308.590, RPR Ghent, Kortrijk division (hereinafter: “TVH”, “we”, “us”, “our”). You can contact us via e-mail at privacy@tvh.com. 

This is the entity responsible for the processing of your personal data as covered in this Cookie Policy.

1.2 Any notion starting with a capital shall be defined by explicit reference in this Cookie Policy. Where possible given the context, singular words shall be interpreted as also including the plural and vice versa.

To make sure we have the same understanding of what is written here, it is important that certain notions are interpreted in the same way by you and by us.

1.3 Where reference is made to certain laws or regulations, such reference shall also include any change, replacement or annulment of said laws or regulations, including any related executive decisions.

Laws tend to change from time to time, and we want to make sure that this Cookie Policy remains in line with any such changes.

1.4 TVH reserves the right to modify, change or amend the Cookie Policy at its own discretion and from time to time. Such modification, change or amendment shall be communicated via the Website. If you do not accept the modifications, changes or amendments, you are to inform us by sending an e-mail to privacy@tvh.com. If we do not receive such an e-mail from you within three (3) business days after the changes to the Cookie Policy have been announced on our Website, you will be deemed to have accepted unambiguously all such changes.

As any company, changes in laws, market circumstances, interests etc. may require us to change our Cookie Policy from time to time to ensure that it remains accurate.

If this happens, you are kindly asked to take note of the changes and to agree with them if you find them acceptable.

2. Cookies

Provision

Explanation

2.1 You can avoid cookies being placed by configuring your browser as such. Guidelines as to how to do this can be found here:

However, not allowing cookies when visiting the Website may cause certain or all features of the website to stop working properly.

This provision is self-explanatory.

2.2 When you visit the Website, TVH places a number of cookies. Most data pertaining to these cookies, their placement and use allow to identify you, and TVH uses them to gain insight in how you and other visitors use the Website by gathering statistical and usage data, enabling TVH to provide a better user experience on the Website.

 

 

2.3 You may at all times withdraw your consent with TVH’s use of cookies. To exercise this right, it suffices to delete the cookies, which have been placed on your device. To do so, you are kindly asked to refer to the appropriate instructions of your browser manufacturer, as listed above.

This provision is self-explanatory.

3. Purposes for which TVH uses your personal data

Provision

Explanation

3.1 TVH processes your personal data to perform statistical analyses so that we may improve our Website, Webshops, advertisement, products and services or develop new products and services.

This provision is self-explanatory.

3.2 TVH may process your personal data for informing any third party in the context of a possible merger with, acquisition from/by or demerger by that third party, even if that third party is located outside the EU.

This provision is self-explanatory.

3.3 TVH may also process your personal data for the preservation of the legitimate interests of TVH, its partners or a third party if and when your registration with or use of the Website can be considered (a) a violation of the this Cookie Policy or the intellectual property rights or any other right of a third party, (b) a threat to the security or integrity of the Website or to any of TVH’s or its subcontractors’ underlying systems due to viruses, Trojan horses, spyware, malware or any other form of malicious code, or (c) in any way hateful, obscene, discriminating, racist, slanderous, spiteful, hurtful or in some other way inappropriate or illegal.

Here we reserve the right to process your personal data if you use our Website in any way that may harm TVH or someone else or is illegal.

3.4 Your personal data may be transferred to the police or the judicial authorities as evidence or if there are justified suspicions of an unlawful act or crime committed by you through your use of the Website.

From time to time we may be legally required to transfer your personal data to governmental authorities.

4.1 Legal basis for processing your personal data

Provision

Explanation

4.1 For processing your personal data under the conditions outlined in this Cookie Policy (see in particular clause 2.2 and 3.1), TVH as the responsible party asks for your consent. 

The law requires us to state precisely which legal basis we use to process your personal data, considering the purposes we have listed in the previous article. 

The main legal basis for the processing covered in this Cookie Policy is your consent.

TVH obtains your consent through the cookie banner. By clicking on this banner affirmatively and continuing to use the website you acknowledge that you have read this Cookie Policy carefully and that you agree with it without reservation.

4.2 The processing of your personal data for the purposes outlined in clause 3.4 is necessary to allow TVH to comply with its legal obligations.

Sometimes the law obliges us to process your personal data.

4.3 The processing of your personal data for the purposes outlined in this Cookie Policy is also necessary for the purpose of the legitimate interests of TVH, which are: 

  • continuous improvements to TVH’s Website, Webshops, Social Media Channels, products and services to ensure that you have the best experience possible;
  • keeping our Website, Webshops, Social Media Channels, products and services safe from misuse and illegal activity;
  • marketing and promotion of our products, services, brands an overall successful commercialization of our products and services.

We may also process your personal data for our own legitimate interests, which are mainly concerned with successfully conducting our business as any other company would do. 

5. To whom tvh sends your data

Provision

Explanation

5.1 TVH relies on third party processors to provide you the Website as well as to process your personal data on our behalf. These third party processors are only allowed to process your personal data on behalf of TVH upon explicit written instruction of TVH. TVH warrants that all third party processors are selected with due care and are obliged to observe the safety and integrity of your personal data.

Our Website may be developed, maintained or hosted by third parties. Similarly, we rely on the services of third parties such as cloud providers to process your personal data internally.

5.2 TVH may share your personal data with other entities within the TVH group of companies. However, we will ensure that all TVH group entities will take due care that all processing of your personal data is in line with what is set out in this Cookie Policy

This clause is self-explanatory. You are also kindly referred to article 6 to understand how we ensure that all our entities take due care when it comes to the processing of your personal data.

5.3 TVH does not send your personal data in an identifiable manner to any third party without your explicit permission to do so. However, TVH may send anonymized and/or aggregated data to other organizations that may use those data for improving products and services as well as tailor the marketing, displaying and selling of those goods and services.

This means that all data send in this manner to other organizations outside the TVH group has as much as possible been purged of personal identifiers, meaning that it no longer qualifies as personal data.

6. Location and transfer

Provision

Explanation

6.1 TVH processes your personal data first and foremost within the EEA. However, in order to process your personal data for the purposes outlined in article 3 above, we may also transfer your personal data to other entities within TVH group or to third parties who process on our behalf which are located outside the EEA. Each entity outside the EEA that processes your personal data shall be bound to observe adequate safeguards with regard to the processing of your personal data. Such safeguards will be the consequence of:

  • the recipient country having legislation in place which may be considered equivalent to the protection offered within the EEA; or 
  • of a contractual arrangement between TVH and that entity. All TVH entities are parties to a contractual arrangement based on the EC’s Standard Contractual Clauses (controller-to-controller) (Commission Decision C(2004)5721).

We send your personal data to countries outside the EEA, because we share certain systems with other entities in our group of companies or because we use a foreign service provider. We make sure, however, that your personal data are safe when we send your personal data to countries outside the EEA.

6.2 TVH may transfer anonymized and/or aggregated data to organizations outside of the EEA. Should such transfer take place, TVH will ensure that there are safeguards in place to ensure the safety and integrity of your data as well as all rights with respect to personal data you might enjoy under applicable mandatory law. 

We may anonymize your data or combine it with data of others thereby making it impossible to identify you. Such anonymous or aggregated information may also be transferred to countries outside the EEA.

7. Quality assurances

Provision

Explanation

7.1 TVH does its utmost best to process only those personal data which are necessary to achieve the purposes listed under article 3. 

We will not process more personal data about you than we need for the purposes we have communicated to you.

7.2 Your personal data are only processed for as long as needed to achieve the purposes listed under article 3 of this Cookie Policy or up until such time where you withdraw your consent for processing them. Note that withdrawal of consent may imply that you can no longer use the whole or part of the Website. TVH will de-identify your personal data when they are no longer necessary for the purposes outlined in article 3, unless there is: 

  • an overriding interest of TVH, your financial institution, the payment service provider, or any other third party in keeping your personal data identifiable;
  • a legal or regulatory obligation or a judicial or administrative order that prevents TVH from de-identifying them.  

Here we explain how long we will keep your personal data in a way that allows us to identify you.

7.3 TVH will take the appropriate technical and organizational measures to keep your personal data safe from unauthorized access or theft as well as accidental loss, tampering or destruction. Access by personnel of TVH or its third party processors will only be on a need-to-know basis and subject to strict confidentiality obligations. You understand, however, that safety and security are best efforts obligations only which can never be guaranteed.

We are committed to keeping your personal data safe.

8. Your rights

Provision

Explanation

8.1 You have the right to request access to all personal data processed by TVH via cookies pertaining to you. TVH reserves the right to charge an administrative fee for multiple subsequent requests for access that are clearly submitted for causing nuisance or harm to TVH.

In this article we explain which rights you have vis-à-vis the processing of your personal data via cookies. The rights themselves are self-explanatory.

8.2 You have the right to ask that any personal data pertaining to you that are inaccurate, are corrected free of charge. If a request for correction is submitted, such request shall be accompanied of proof of the flawed nature of the data for which correction is asked.

8.3 You have the right to withdraw your earlier given consent for processing your personal data. 

8.4 You have the right to request that personal data pertaining to you be deleted if they are no longer required in light of the purposes outlined in article 3 or if you withdraw your consent for processing them. However, you need to keep in mind that a request for deletion will be evaluated by TVH against:

  • overriding interests of the TVH, your financial institution, the payment service provider or any other third party;
  • legal or regulatory obligations or administrative or judicial orders which may contradict such deletion.

Instead of deletion you can also ask that TVH limits the processing of your personal data if and when (a) you contest the accuracy of that data, (b) the processing is illegitimate or (c) the data are no longer needed for the purposes listed under article 3 but you need them to defend yourself in judicial proceedings.

8.5 You have the right to oppose the processing of personal data if you are able to proof that there are serious and justified reasons connected with your particular circumstances that warrant such opposition. However, if the intended processing qualifies as direct marketing, you have the right to oppose such processing free of charge and without justification.

8.6 You have the right to receive from us in a structured, commonly used and machine-readable format all personal data you have provided to us.

8.7 If you wish to submit a request to exercise one or more of the rights listed above, you can send an e-mail to privacy@tvh.com. An e-mail requesting to exercise a right shall not be construed as consent with the processing of your personal data beyond what is required for handling your request. Such request should clearly state which right you wish to exercise and the reasons for it if such is required. It should also be dated and signed, and accompanied by a digitally scanned copy of your valid identity card proving your identity. If you use the contact form, TVH may ask you for your signed confirmation and proof of identity.

TVH will promptly inform you of having received this request. If the request proves valid, TVH shall honour it as soon as reasonably possible and at the latest thirty (30) days after having received the request.

If you have any complaint regarding the processing of your personal data by TVH, you may always contact TVH via the e-mail address listed in this clause 8.7. If you remain unsatisfied with TVH’s response, you are free to file a complaint with the competent data protection authority, i.e. the Belgian Privacycommission. For more information, visit http://www.privacycommission.be. 

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