Hyster-Yale Materials Handling Inc. includes all of its subsidiaries, affiliates and other controlled entities set out in Schedule A (collectively, “HYMH”). This Privacy Statement only applies when HYMH collects and/or processes personal information for HYMH’s purpose. As HYMH is made up of a number of different entities, depending on where you are located and the location from which legal or other services are provided, the relevant entity processing your personal data may apply country or region specific privacy notices. Schedule A provides further detail of country and/or regional specific privacy notices.

Data controllers are responsible for deciding how they hold and use personal information about you.

When we mention HYMH, “we”, “us” or “our” in this Statement, we are referring to the relevant HYMH entity who is responsible for processing your data. Generally, the HYMH entity that is the “controller” of your data is the one with which you have a relationship, including for example:

• as a customer (e.g. the HYMH entity referred to in your purchase order or other agreement with HYMH)
• as a supplier (e.g. the HYMH entity that you have entered into a supplier arrangement).

To keep up to date with change, we recommend you periodically review this Privacy Statement.

This Privacy Statement covers the personal information of individuals who are:

• Associated with HYMH’s customers, including dealers, dealers’ customers, direct sale customers, dealers’ and customers’ employees, sales representatives and other resellers (collectively, “customers”); and
• Associated with suppliers of HYMH, such as suppliers’ employees (temporary workers, staff, personnel, and contractors, etc.) (collectively, “suppliers”).

In this Privacy Statement, the term “processing” means any activity performed on personal information, including, for example, collecting, storing, modifying, transferring or otherwise using it. Notably, this Privacy Statement does not apply to other non-personal information that HYMH may collect or otherwise process.

Personal information is any information about an individual which identifies or can identify that individual, directly from the information or from a combination of information. Subject to the laws and appendices to this Statement, depending to your relationship with HYMH, HYMH may collect and process the following personal information, including but not limited to:

• Identification details – such as your name and date of birth, driver’s license, passport, proof of identity;
• Contact details - address, telephone number, email;
• Financial data – including bank account details, financial history and transaction data;
• Professional details – job title/position, affiliated organization, office location;
• National identifiers – such as social security number or other national/taxpayer identification numbers;
• Analytics - e.g. use of telematics services such as user IDs (including card number, personal number, operator/vehicle monitoring data) and operator training records, and device usage data, any communications created, stored or transmitted by a person using HYMH’s information technology or communications equipment);
• Technical data – including internet protocol IP addresses from website visits, login data, browser type and version, time zone settings, geographical and location data, operating system and platform, internet usage,  web analytics tracking (including web pages accessed and visited and pages downloaded), web beacons, email analytics tracking (including whether the email was sent and opened and whether links within the email were clicked) and cookies tracking technology (see https://www.hyster-yale.com/cookie-policy/default.aspx for further information);
• Marketing communication data – includes your preferences in receiving marketing from us and our third parties, and your communication preferences;
• Information to fulfill contracts and functions of HYMH - contracts, purchase orders, payments, and receivables;
• Other information required to comply with applicable laws, including valid search warrants, subpoenas, or court orders;
• Social media account information;
• Information provided to us during a visit at one of our site locations;
• Recordings in relation to meetings (video, telephone) between representatives of HYMH and third parties;
• Body temperature screening results;
• Information from third party sources and databases (where you have provided consent, or we are otherwise legally permitted to process your personal data); and
• Videos and pictures captured, including through CCTV at some HYMH locations.

Different categories of persons may be subject to additional collection of personal information, including but not limited to:

Customers and Dealers:

• Billing Information (e.g., financial account data, invoices, receipts);
• Client Relationship Management Information (e.g., information necessary to populate a customer’s profile or to facilitate marketing automation);
• Repair and Warranty Information (e.g., repair needs and status and purchase history);
  Customer Satisfaction Information;
• Sales and performance analysis attributable to dealers and their employees; web profiling, cookies tracking technology (web beacons and pixels), online behavioral monitoring and analysis; and
• Email and survey analytics tracking (including whether the email/survey was sent and opened and whether links within the email were clicked).

Personal Information can be collected from customers through HYMH dealers, marketing (directly or indirectly), HYMH employees, accessing HYMH platforms (sales, warranty, telematics) and generally though selling HYMH products and services.

Suppliers:

HYMH collects personal information about suppliers directly and indirectly as part of HYMH’s requirement to fulfil contracts and deliver products and services including:

• Vendor due diligence enquiries (credit, reference checks);
• Financial account information (banking details for billing and credit worthiness); and
• Director and employee details (for export control and compliance purposes).

Depending on the applicable local law, some personal information collected by HYMH may be considered “sensitive personal information” (i.e., personal information subject to additional protections).

Anonymized personal information (where information cannot identify an individual) is not covered by this Privacy Statement. However, where personal information is pseudonymized (where the personal information is de-linked to an individual, e.g. by way of a reference number), then this will be considered personal information.

HYMH uses personal information lawfully and for the purpose for which it was collected. We may also use your personal information for purposes not incompatible with the purpose we have disclosed and where permitted by local laws. Generally, HYMH collects your personal information to conduct its essential business operations and services. Examples of use are set out below:

Customers and Dealers:

• Employee and director contact details (name, address, email, phone) - For the purpose of general business relationship management, direct marketing, export control risk management, for contractual purposes to enable execution of orders, to enable sign-on to HYMH’s partner system platforms and offer services by third parties through HYMH platforms, to manage warranty, servicing, complaints or claims, public relations purposes, to inform you about important developments within HYMH and where necessary for compliance, or to exercise or defend the legal rights of HYMH and its affiliates, to manage the promotion, buying and selling of goods or services generally and when using our internet sites, and the transfer of data to execute these transactions and for the provision of training about our products;
• Billing information - To manage the execution of HYMH’s order and billing and for export control purposes;
• Images and videos (CCTV at HYMH locations) – to manage security and safety;
• Dealer employee performance analysis – to facilitate improved sales opportunities and outcomes for dealers;
• Social media personal information – to respond and communicate with you through social media platforms for marketing and informational purposes;
• Questionnaires and interviews - To carry out research and development within HYMH and with its partners;
• Recording of video calls and telephone calls - For quality and assurance and to facilitate communications around products and services;
• To enable HYMH dealers to provide local support through their sales, service and distribution locations (including live-streaming for advisory purposes);  
• Tracking of web usage and pixels, cookies, online behavior monitoring, direct email responses - to improve the customer and dealer experience and analysis for sale and service of products;
• Email and survey analytics tracking and responses (including whether the email/survey was sent and opened and whether links within the email were clicked); and
• Profiling/Lead Scoring - to improve communications with customers and to maximize marketing and communications for the sale of HYMH products.

Suppliers

• Contact details of directors and employees – to facilitate vendor due diligence and the supplier relationship;
• Identification and verification of supplier director and employees – to enable access to HYMH facilities and web platforms and for billing purposes; and
• Image, video (CCTV) for visitors – to facilitate safety and security.

We take care to allow access to personal information only to those who require such access to perform their tasks and duties, and to third parties who have a legitimate purpose for accessing it. As HYMH is a global manufacturer, it does transfer personal information to different regions, jurisdictions and to third party processors and controllers for its legitimate business purposes. HYMH has entered into appropriate data processing agreements with its affiliates and third parties worldwide to safeguard your personal information.

Whenever we allow a third party to access personal information, we will:

• take all reasonable steps to protect personal information in accordance with applicable local laws;
• require the information is used in a manner consistent with this Privacy Statement; and
• ensure that the security and confidentiality of the information is maintained.

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

• To our HYMH group of companies, to our authorized distributors and dealers, third party services providers and partners who provide data processing services to us (for example, to support the delivery of our services, or provide support on the delivery, functionality or enhancement of the security and performance of our website), or who otherwise process personal information for purposes that are described in this Privacy Statement;
• To any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person;
• To a potential buyer (and its agents and advisers) in connection with any proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your personal information only for the purposes disclosed in this Privacy Notice; and
• To any other person if we have lawful ground to permit the disclosure (e.g. your consent).

We use appropriate technical and organizational measures to protect your personal information that we collect and process. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information.  Specific measures we use include:

1. The use of https for our websites;
2. Access controls to our systems;
3. Physical access controls to sites where we process your personal information;
4. Employee policies, procedures and training for our staff who handle personal information;
5. Prospect information obtained from privacy compliant suppliers; and
6. Website encryption.

We will store your personal information for as long as we have an existing relationship with you and/or a legitimate business need to maintain the information and as required by applicable law. Generally this means we will keep your information only for as long as it is relevant and useful for the purpose for which it was originally collected and as long we have an ongoing legitimate business need to do so. Data retention periods are set out in our Retention Schedule. Please contact us for further information related to the Retention Schedule.

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

HYMH takes all reasonable steps to ensure your personal information is correct and you may, subject to local laws, have access to your personal information to correct and/or delete it. The right to access your personal information may be restricted or limited depending on local laws. Such restrictions include legal privilege or the personal information contains the personal information of a third person.

To contact HYMH in relation to any matters relating to privacy and your personal information:

EMEA

Data Protection Compliance Executive
Hyster-Yale UK
Centennial House
4.5 Business Park
FRIMLEY ENGLAND GU16 7SG

AMERICAS

Attn: Privacy - Legal Department
Hyster-Yale Materials Handling, Inc
1400 Sullivan Drive
GREENVILLE, NC 27836
USA
+1 (252) 888 455-6311

ASIA- PACIFIC

Associate General Counsel – JAPIC/Privacy
Hyster-Yale Group, Inc.
4000 NE Blue Lake Road
FAIRVIEW, OR 97024, USA                                         

Definitions:

“Data Protection Laws” means:

1. To the extent the UK GDPR applies, the laws of the United Kingdom or a part of the United Kingdom;
2. To the extent the EU GDPR applies, the law of the European Union or any member state of the European Union;
3. the Data Protection Act 2018, and any domestic national laws in the United Kingdom regarding the processing of personal data to the extent the GDPR ceases to be directly applicable in the United Kingdom, including without limitation the GDPR as transposed into the national law of the United Kingdom;
4. the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426) and national laws and secondary legislation implementing the Privacy and Electronic Communications Directive (Directive 2002/58/EC) (as amended); and
5. any other data protection laws, regulations, guidance and codes of practice relating to the processing of personal data in each case as amended, replaced, updated and/or supplemented from time to time.

If you are from the European Economic Area (“EEA”) and/or UK, our legal basis for collecting, using, storing and transferring your personal information will be in accordance with the Data Protection Laws. This appendix applies to individuals who do not have an employee/human resources relationship with HYMH. For more information on how HYMH processes your personal information as a potential candidate of HYMH, please see HYMH’s EMEA Candidate Privacy Notice https://hyster-yalecareers.com/emea-candidate-privacy-notice.

1. Special categories of data

We may collect special categories of data from you which require a higher level of protection. This is personal information which reveals or contains: racial or ethnic origin, political opinions, religious and philosophical beliefs, trade union membership, genetic data, biometric data, health data, sex life or sexual orientation.

We may collect, store and use the following, which may include or be considered “special categories” of information (as defined above):

• Background Information;
• Biometric Information (e.g., thumbprints); and
• Body temperature screening results.

2. Purpose of collecting your Personal Information

We collect and process your personal information to facilitate and manage our relationship with you and comply with our legal, compliance and regulatory obligations. In some cases, we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests.

The reasons for which we, or a contracted third party, will process your personal information are listed in Table 1 below.

Some of those purposes for processing will overlap and there may be several purposes which justify our use of your personal information.

3. What is the lawful basis that HYMH processes your Personal Information?

We will only use your personal information when the law allows us to. Generally, we will rely on one or more of the following bases for processing your personal information:

• Where we need to perform the contract we are about to enter into or have entered into with you;
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
• Where we need to comply with a legal obligation;
• We may also use your personal information in the following situations (which is less likely):
  • Where we need to protect your interests (or someone else’s interests);
  • Where it is needed in the public interest or for official purposes; and
  • Where we have obtained your prior consent (this is only used in relation to voluntary processing and is not used for processing that is necessary or obligatory).

4. How do we use special categories of personal information?

We will use your special categories of personal information for the following purposes:

• Information related to biometric data, to identify or authenticate users and where necessary for access control purposes;
• for criminal, health and safety and veracity checks for our customers and suppliers; and
• Background check information, health and medical data - to evaluate potential candidates to work at HYG and for continuing employment and compliance purposes.

Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public. We may also process such information in the course of legitimate business activities with the appropriate safeguards.

5. When is automated decision making used?

HYMH does not regularly and systematically perform automated decision making producing a legal effect concerning individuals or that would have a similarly significant effect. HYMH may utilise automatic decision making for some credit checks and marketing analytics.

Under the GDPR, and/or UK data protection laws, (and subject to local laws) you have the right to object to automated decision making using your personal information.

6. What if you fail to provide your personal information?

If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing you with a product), or we may be prevented from complying with our legal or regulatory obligations.

7. Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We may use your identity, contact, technical data such as tracking technologies , usage, location, and profile data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if we believe our products are of relevance to you, or you have requested information from us or purchased products from us and you have not opted out of receiving that marketing.

You have the right to opt-out at any time of marketing communications we or third parties send you, by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails.  Or you can contact us using the contact details provided under the “Access Rights to Personal Information” heading.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

8. Cookies

We may use various technologies to collect and store information when you use our services, and this may include using cookies and similar tracking technologies, such as pixels and web beacons. These web beacons track certain behavior (e.g. whether the email sent, opened and whether links within the email were clicked).  Some data collected is designed to detect browsing patterns and approximate geographical location to improve user experience. Our use of cookies and other tracking technologies is discussed in more detail in our Cookie Policy: https://www.hyster-yale.com/cookie-policy/default.aspx.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.

7. What if the purpose for processing changes?

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

8. Sharing your personal information with third parties

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions. We may share your personal information with third parties as set out below:

Effective Date: January 2021

Last Reviewed On: June 2021

This Privacy Policy for California Residents supplements the information contained in the Privacy Statement and applies to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Policy.

Where noted in this Policy, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication ("B2B personal information") from some its requirements.

1. Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

2. Right to Know and Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the "right to know"). Once we receive your request and confirm your identity (see “Exercising Your Rights to Know or Delete” below), we will disclose to you:

• The categories of personal information we collected about you;
• The categories of sources for the personal information we collected about you;
• Our business or commercial purpose for collecting or selling that personal information;
• The categories of third parties with whom we share that personal information;
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained; and
• The specific pieces of personal information we collected about you (also called a data portability request).

We do not provide a right to know or data portability disclosure for B2B personal information.

3. Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the "right to delete"). Once we receive your request and confirm your identity (see “Exercising Your Rights to Know or Delete” below), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you;
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
3. Debug products to identify and repair errors that impair existing intended functionality;
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent;
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
8. Comply with a legal obligation; and
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

We do not provide these deletion rights for B2B personal information.

4. Exercising Your Rights to Know or Delete

To exercise your rights to know or delete described above, please submit a request by either:

• Calling us toll free at 888 455-6311;
• Emailing us at privacypolicy@hyster-yale.com; or
• Visiting our website at https://www.hyster-yale.com

Please identify that you are making a request under CCPA by stating this in any call or please put CCPA in the title of any email you send.

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.

You may only submit a request to know twice within a 12-month period. Your request to know or delete must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or your authorized representative.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

You do not need to create an account with us to submit a request to know or delete.

We will only use personal information provided in the request to verify the requestor's identity or authority to make it.

5. Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please either call our toll free number 888 455-6311 or send a follow up email to privacypolicy@hyster-yale.com, and indicate that this is a follow-up request.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

6. Personal Information Sales Opt-Out and Opt-In Rights

You have the right to direct us to not sell your personal information at any time (the "right to opt-out"). HYMH does not sell the personal information of consumers for monetary compensation.  We may however provide your contact information to our authorized HYMH dealers or our affiliates or subsidiaries as outlined in our Privacy Statement.  

7. Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services;
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
• Provide you a different level or quality of goods or services; or
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

8. Other California Privacy Rights

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacypolicy@hyster-yale.com or write to us at:

Attn:  Privacy – Legal Department
Hyster-Yale Group, Inc.
1400 Sullivan Drive
Greenville, NC 27836

9. Changes to Our Privacy Policy

We reserve the right to amend this Privacy Policy at our discretion and at any time. When we make changes to this Privacy Policy, we will post the updated notice on the Website and update the notice's effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

If you need to access this Policy in an alternative format due to having a disability, please contact HYMH in any of the manners above that is most convenient for you.

• Hyster-Yale Materials Handling, Inc.
• Hyster-Yale Group, Inc.
• Hyster-Yale Mexico, S.A. de C.V.
• Hyster-Yale Canada ULC
• Hyster-Yale Brasil Empilhadeiras Ltda
• Hyster-Yale Lift Trucks India Private Limited
• Hyster-Yale Nederland B.V.
• Hyster-Yale Lift Trucks Singapore Pte. Ltd.
• Hyster-Yale Italia SpA
• Hyster-Yale Asia – Pacific Pty Ltd
• Hyster-Yale Asia-Pacific Pte. Ltd.
• Hyster-Yale UK Limited
• Hyster-Yale France S.A.R.L.
• Hyster-Yale UK Pension Co. Limited
• Hyster-Yale Deutschland GmbH
• HYG  Financial Services Inc.
• G2A
• Yale SLT Fordertechnik GmbH
• Nuvera Fuel Cells, LLC

Entities with region/country specific Privacy Statements (refer to Entity website)

• Bolzoni SPA 
• Bolzoni Italia SRL - E
• Bolzoni Auramo BV
• Bolzoni Auramo AB
• Bolzoni Auramo Polska SP ZOO
• Bolzoni S.A.R.L
• Meyer GmbH
• Shanghai Hyster Forklift Ltd.
• Maximal Forklift (Zhejiang) Co., Ltd.
• Hyster – Yale Maximal Forklift (Zhejiang) Co. Ltd
• Bolzoni Auramo (Wuxi) Forklift Truck Attachment Co Ltd
• Bolzoni (Hebei) Forks
• Nuvera Fuel Cells (Zhejiang) Company Limited