CASL Consent

This consent is to permit K-Tec Earthmovers Inc. (“K-Tec”), the manufacturer of my equipment to collect my information for the purposes of administering warranty for the K-Tec products I purchase, generating a customer database for K-Tec products, obtaining data relating to the sales of K-Tec products, administration of the customer relationship between myself, the K-Tec Certified Dealer (the “Dealer”) if applicable, and K-Tec and for allowing K-Tec to communicate with me regarding K-Tec’s products and services from time to time (the “Purposes”).

This Consent is to permit the following information to be shared to K-Tec either by direct contact or through the Dealer: Company Name, Mailing Address, Shipping Address, Customer Representative Name, Position, Email, and Phone (the “Customer Information”).

The Customer Information will often be business information that is not subject to applicable privacy laws. Where the Customer Information includes personal information, applicable privacy laws require K-Tec and the Dealer to obtain my consent to the collection, use and disclosure of the Customer Information. As such, this consent form will permit K-Tec to collect the Customer Information. The Customer Information will be used by K-Tec for the Purposes of providing individuals information on current and future products and services, providing follow up to customer inquiries, warranty assistance, customer service, and sending promotional emails of upcoming events in accordance with K-Tec’s privacy policy that is available below and at https://ktec.com/privacy-policy/

K-Tec would also like to send you electronic communications such as e-mails about its products and services including about your existing products and services as well as news, updates, and new offers and opportunities. To comply with the Canadian Anti-Spam Legislation, K-Tec is required to obtain your consent prior to sending you such communications. Please confirm your consent to receiving such communications by checking the box below.

You may opt-out of receiving such communications at any time by unsubscribing or contacting K-Tec at:

Box 257, Rosenort, Manitoba, Canada R0G 1W0,

sales@ktec.com or 204-746-6435.

Please note that K-Tec may still send you communications for which they do not require consent.

TERMS OF SERVICE

Last Updated: May 12, 2020

Welcome to K-Tec.com (the “Site”), provided by K-Tec Earthmovers Inc., and its affiliates, subsidiaries, parent company, or other related companies (“Us”, “We”, or K-Tec). This K-Tec.com Privacy Policy (“Policy”) describes the information we gather from you when you use K-Tec’s products & services as well as the Site and related products & services (together, the “Services”) and how we use, process, and disclose that information.  This Privacy Policy has been created in compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA).

By submitting personal information through our Services, you expressly consent to the transfer of your personal data to our servers in Canada for our collection, use, and disclosure in accordance with this Policy. K-Tec will store the personal information on its internal servers or with its services providers or both.

You can deny or withdraw your consent to K-Tec’s collection, use and disclosure of your personal information at any time upon reasonable notice, subject to any legal or contractual requirements. However, if consent is denied or withdrawn, K-Tec may not be able to provide certain products or services.

Note to Residents of the European Union: In order to comply with the requirements of the European General Data Protection Regulation (GDPR) for European users, this Policy outlines the legal basis on which we process your personal data (also referred to as personal information herein) and provides other information required by the GDPR. We process personal data when we have a lawful basis to do so in accordance with the GDPR. Generally, this means that we process personal data only where we have consent, where necessary to provide you with information, products, or services, or where necessary to comply with our legal obligations. We may also process personal data where otherwise allowed by the GDPR for the purposes outlined in this Policy (for example, to communicate with you and to respond to your requests). Please see below for further information.

INFORMATION COLLECTED

K-Tec only collects personal information about you with your knowledge and consent. Generally, this means that K-Tec collects personal information directly from you to whom it relates, whether via K-Tec’s website, e-mail, telephone, fax, or in person. Occasionally, K-Tec may collect personal information from third party sources, but only with your knowledge and consent or where otherwise authorized by law.

The type of information that K-Tec may collect from individuals includes, for example, name, email address, address, phone number, business or employer information, purchase history, and other information individuals choose to provide.

K-Tec may collect anonymous customer information when you visit our Site, as some information about your visit is automatically collected by K-Tec’s systems. When you visit our Site, your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language, and the websites you visited before our Site are logged automatically. K-Tec will not attempt to link or match such anonymous technical information with any personally-identifiable information unless:

• K-Tec has your consent;
• K-Tec (or its service providers) have detected or reasonably suspect any unlawful use of K-Tec’s services or a security breach; or
• K-Tec has a legal duty or right to do so.

We also collect information about your usage and activity on our Site, including information you submit as a part of surveys or projects.

The following are additional ways that K-Tec may collect information:

• Cookies. We automatically collect information using “cookies.” Cookies are small data files stored on your hard drive by a website. Among other things, cookies help us improve our sites and your experience. We use cookies to see which areas and features are popular, to count visits to our sites, and show you personalized ads. By using our site you agree that we can place cookies on your device. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies from K-Tec. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Site.
• Web Beacons. We also collect information using Web beacons. Web beacons are electronic items used on our Site and in our emails. We use Web beacons to deliver cookies, count visits, understand usage, and to tell if an email has been opened and acted upon.
• Google Analytics. Google provides us with analytics services and may collect the type of information described above. To learn more about how Google stores and protects your data, see their Privacy Policy here. To learn more about opting out of Google Analytics, visit here.
• Social Media & Other Public Website Information. For better communication with potential business prospects, K-Tec may gather publicly listed information on social media and other online sources for business information.
• Request for Information. Basic personal/company information including name, company name, email address, phone number may be asked in exchange for K-Tec providing equipment specification sheets in printable pdf format, using cost analysis tools, demonstration application, contact us forms, or dealer portal account registration.
• Dealership Information Submissions. In order to verify valid warranty timeframes, and for the purposes of direct marketing and other related purposes, customer personal/company information is provided to K-Tec by authorized dealerships.
• Telematics. K-Tec collects data from the use of its products including machine performance data for the purposes outlined below. This data is collected in an anonymous form to the extent possible. K-Tec will not attempt to link or match such anonymous data with any personally-identifiable information unless K-Tec has appropriate consent.

K-Tec may collect personal information for other purposes where it has a legal duty or right to do so or where K-Tec has a good faith belief that it is necessary to protect the property or rights of K-Tec.

K-Tec does not collect personal information for any other purposes, unless it has your consent.

USE OF INFORMATION WE COLLECT

K-Tec collects and may use customer information for purposes described in this Policy or disclosed to you on our Site or in connection with our Services. For example, we may use information that you provide or about you to:

• Provide individuals with information on current and future products and services or other developments with respect to the K-Tec and its affiliates and partners (in accordance with Canada’s Anti-Spam Legislation);
• Better understand how we may improve our products and services. This may include merging customer information with data obtained from other customers, agents or organizations;
• Respond to your comments and questions, provide customer service, and otherwise fulfill your requests;
• Operate and improve our Site and Services;
• Determining warranty eligibility and administering the applicable warranty for K-Tec Products and Services;
• Ask you to take part in research & development and surveys used to measure our performance and improve our Products and Services;
• Protect, investigate, and prevent potentially fraudulent, unauthorized, or illegal activities;
• Protect our rights and the rights of our users;
• Track user engagement with features in Vbout & CRM;
• Store your contact information in Vbout & CRM for marketing purposes. We may send you promotional emails such as research, insights, analysis or event invitations that may be of interest to you. For more information about how Vbout stores and protects your data see their Privacy Policy here; and
• Meet legal requirements.

SHARING OF PERSONAL INFORMATION

K-Tec does not use or disclose personal information unless K-Tec has your consent, K-Tec has a good faith belief that disclosure of the information is necessary to protect the rights or property of K-Tec, or K-Tec has a legal duty or right to do so.

K-Tec has a close working relationship between its affiliated companies, including for example, with K-Tec Distributors. Personal information may be shared between these organizations to facilitate the purposes listed above in accordance with this Policy.

Ways we may share your personal information with third parties include the following:

• with third party vendors, financial institutions/services, consultants, and other service providers who need access to your information for us to provide the Services to you (for example, manufacturers and information technology service providers);
• to provide opportunities to further publicize your own business, such as testimonial/reference provision in media;
• to comply with laws or to respond to lawful requests and legal process;
• to protect the rights and property of K-Tec, our agents, customers, and others including to enforce our agreements, policies, and terms of use;
• in an emergency to protect the personal safety of K-Tec, its customers, or any person; and
• in connection with or during negotiation of any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company.;

Some of our affiliates or service providers are located in or store information in the United States of America. As such, your information may be processed in the United States of America and may be accessible to law enforcement and national security authorities of that jurisdiction. By providing your information to K-Tec, you expressly consent to this.

We may also share aggregated or anonymized information in a form that does not directly identify you.

We do not otherwise provide or sell our customer information to third parties.

SECURITY OF YOUR PERSONAL INFORMATION

K-Tec takes reasonable steps (including physical, technological and organizational measures) to help protect your personal information in an effort to prevent loss, misuse and unauthorized access, disclosure, alteration, and destruction.

The protection of personal information is of paramount concern to K-Tec, and K-Tec is prepared to take appropriate and timely steps in the event of any incidents involving personal information in accordance with applicable privacy laws.

K-Tec makes every reasonable effort to ensure that personal information is accurate and complete. This may involve requesting further information or updates from individuals. K-Tec relies on individuals to notify Us if there is a change to their personal information that may affect their relationship with K-Tec.

K-Tec retains personal information only as long as is reasonable to fulfill the purposes for which the information was collected, or for legal or business purposes.

YOUR INFORMATION CHOICES AND CHANGES

You may opt-out of receiving promotional emails from K-Tec by following the instructions in those emails or by contacting sales@ktec.com. If you opt-out of promotional emails, we may still send you non-promotional emails, such as emails about your account or our ongoing business relations. You may also make requests about changes to your information or removal of your content by following the directions in your account or by contacting sales@ktec.com.

When you visit our Site, we and others give you the following choices about use of mechanisms for tracking, including tracking of your online activities over time and across different websites and online services by third parties. Many Web browsers are set to accept cookies by default. You may choose to opt-out of use of cookies by certain third-party analytics providers. If you delete your cookies, use a different browser, or buy a new computer, you may need to renew your opt-out choices. While we and others give you choices described in this Policy, there are many ways Web browser signals and other similar mechanisms can indicate your choice to disable tracking, and we may not be aware of or honor every mechanism.

ACCESS TO PERSONAL INFORMATION

K-Tec will provide individuals with access to the personal information K-Tec holds about them in accordance with applicable laws. K-Tec reserves the right to require that any request for access to personal information be made in writing. Generally, there is no cost for such access. However, K-Tec reserves the right to charge such costs on a case by case basis in accordance with applicable laws. The individual will be notified in advance if charges apply.

K-Tec will correct or amend the personal information in its files where it can be shown that the information is incorrect or incomplete.

ADDITIONAL TERMS/ SPECIFIC PROGRAMS

K-Tec Dealer Portal and Sales Hub

The K-Tec Dealer Portal and Sales Hub (the “Dealer Portal”) is a part of the Site which authorized K-Tec dealers can access for the purposes of submitting information on sales of K-Tec products.

In order to record sales on the Dealer Portal, sales representatives will be required to provide identifying information about the sales representative, including full name, employer, company address, email address and phone number.  Once sign-up is complete, the Dealer Portal will allow sales representatives to submit details on sales of K-Tec products, including details on the transaction and the customer. The Dealer Portal will allow copies of documentation, including consents by end customers to the collection of their personal information, to be transmitted to K-Tec.

Information collected on sales representatives will be used by K-Tec for the purposes of generating and maintaining contact lists for sales representatives, and facilitating direct contact by K-Tec of sales representatives who sell K-Tec products for the purposes of advising them of new products and opportunities, inquiring as to further information relating to completed sales of K-Tec products and facilitating any entitlement to promotional incentives that may be in effect from time to time.

Information concerning individual customers and sales submitted by sales representatives through the Dealer Portal will be collected by K-Tec and used for the purposes of facilitating direct advertisement and contact with customers, determining warranty availability, facilitating warranty service requests and determining entitlement to promotional incentives that may be in effect from time to time.

K-Tec may contact sales representatives and end customers whose information is submitted through the Dealer Portal in connection with the purposes outlined above by way of email, phone or postal mail.

This Policy may be supplemented from time to time with other additional terms specific to a particular program.

DISCLAIMER

All the information presented on this website is presented in good faith and believed to be correct. However, K-Tec makes no representations or warranties as to the completeness or accuracy of this information.

Information is supplied upon the condition that persons receiving it will make their own determination as to its suitability for their use. In no event will K-Tec be responsible for damages of any nature whatsoever resulting from the use of or reliance upon this information.

Should you choose to correspond to K-Tec with questions, comments, ideas or suggestions, regarding this Web Site or K-Tec scraper products or services, you agree that, subject to this Policy, such information shall be deemed as non-confidential and K-Tec shall be free to disclose, use, and distribute the information to others including but not limited to developing, manufacturing, and marketing products incorporating the provided information.

CHANGES TO THIS POLICY

K-Tec may change this Policy from time to time. If we make any changes to this Policy, we will change the ‘Last Updated’ date at the top of this page.

GDPR INFORMATION

The GDPR sets out obligations and rights with respect to the personal data of residents of the European Union.  We are committed to ensuring that we complies with the requirements of the GDPR. As such, this section outlines additional information relevant to residents of the European Union only. Please see the remainder of this Policy for more information on our privacy practices.

Your Rights relating to your Personal Data

Subject to some exceptions, the GDPR provides you with the following rights:

1. Right of access: You have the right to information about whether and why we process your personal data and related information (for example, what personal data we are processing).
2. Right of rectification: You have the right to correct any inaccurate or incomplete personal data that we hold about you.
3. Right to erasure: You have the right to ask us to delete personal data that we hold about you.
4. Right to restrict or object to processing: You have the right to ask us to limit or stop our processing of your personal data in certain cases (for example, if the personal data we are processing about you is inaccurate or is for direct marketing purposes).
5. Right to data portability: You have the right to ask us for a copy of personal data we hold about you and to transfer such data to another entity.
6. Right to complain: We encourage you to contact us at the contact information below if you have any questions or concerns with our personal data practices. However, you also have the right to complain to regulatory authorities in your jurisdiction. Please contact us at the contact information below if you need information about the appropriate authority.

You may exercise these rights or find out more about these rights by contacting us at the contact information listed below.

Retention and Storage of Personal Data

We are based in Canada and processes personal data in Canada. The European Commission recognizes Canada as providing an adequate level of protection for personal data. Our service providers may process your personal information outside of Canada (such as in the United States of America). When your information is processed outside of the European Union, it may be subject to the laws of and be accessible by legal authorities in such other jurisdictions. We have taken appropriate technical, organizational, and legal steps to secure this information.

QUESTIONS

If you have any questions regarding our privacy policy, correction edits to, or the security of your personal information, please contact us at (204) 746-6435, sales@ktec.com,  or by writing to:

Privacy Officer
K-Tec Earthmovers
Box 257, Rosenort, Manitoba
Canada R0G 1W0