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[MLE]

Platform Privacy Policy

1 Our Commitment to Protect Your Privacy

Mitsubishi Logisnext Europe B.V. (MLE) is committed to safeguarding the privacy of authorized dealers and customers (you/your) who use the Lift Truck Solutions Platform and its applications (‘the Platform’) to view and order our products. This privacy policy (Privacy Policy) sets out what personal data we collect from the Platform, and how we use it.

The General Data Protection Regulation (‘GDPR’) requires us to provide you with information about our processing activities.

We will notify you of any changes to our Privacy Policy, including by posting the revised policy on the Platform.

2 The Personal Data We Collect

2.1

We will collect and process some or all of the following personal data about you:

(a)

Information about you ►

Your personal information such as your name and contact details (including email address, telephone number and fax number), your login details (including your username and password), your job title and job role and language and display preferences.

(b)

Website and communication usage ►

Our affiliate Mitsubishi Logisnext Americas Inc. collects details of your visits to the Platform and information collected through cookies and other tracking technologies including, but not limited to, your IP address and domain name, your browser version and operating system, your user ID on the Platform, traffic data, location data, information about your use of the Platform such as your click behavior, search criteria, the pages you visit and your pick list in accordance with its Cookies Policy.

3 How we collect Personal Data

3.1

We will collect some personal data from you directly, such as when you log in to the Platform for the first time. If you are a customer or dealer, we may have already collected your personal data from your dealer or our records and pre-loaded it on to the Platform for you to check when you log in.

3.2

Our affiliate Mitsubishi Logisnext Americas Inc. uses cookies and other tracking technologies to collect information about your usage of the Platform (see Cookies Policy).

4 Why we collect and use your Personal Data

4.1

In this section, we set out the purposes for which we use your personal data. Click ► for more details.

(a)

To provide our products and services to you ►

To process your orders, to deliver our products and services to you, to identify you and otherwise communicate with you in connection with your orders;

(b)

To provide customer support ►

For customer support purposes such as responding to your enquiries and requests;

(c)

For marketing purposes ►

To provide you with updates and offers, where you have chosen to receive these. We may also use your information for marketing our own products and services to you, where required by law, we will ask for your consent at the time we collect your data to conduct any of these types of marketing. We will provide an option to unsubscribe or opt-out of further communication on any electronic marketing communication sent to you or you may opt out by contacting us as set out in the “Contacting us” section below;

(d)

To improve our products and services ►

For the purposes of improving our products and services for the benefit of our customers generally, including to ensure that our Platform functions correctly and in accordance with your preferences and circumstances;

(e)

To comply with our legal obligations ►

To comply with our legal and regulatory obligations which may include disclosing your personal data to third parties, regulators or law enforcement agencies in connection with enquiries, proceedings or investigations by such parties anywhere in the world;

(f)

For legal and administrative purposes ►

For legal and administrative purposes such as screening against fraud and other criminal or unlawful activities, accounting, billing and audit purposes, and for understanding, exercising, enforcing or protecting our legal rights and those of others;

(g)

To reorganise or make changes to our business ►

In the event that we: (i) are subject to negotiations for the sale of our business or part thereof to a third party; (ii) are sold to a third party; or (iii) undergo a re-organisation, we may need to transfer some or all of your personal information to the relevant third party (or its advisors) as part of any due diligence process for the purpose of analysing any proposed sale or re-organisation. We may also need to transfer your personal information to that re-organised entity or third party after the sale or reorganisation for them to use for the same purposes as set out in this policy.

5 Our legal basis

The relevant legal grounds for our use of personal data are as follows:

(a)

Consent: where you have consented to our use of your personal data. You may withdraw your consent to the use of your personal data through the My Privacy tab on the Platform or by contacting us as set out in paragraph 11 of the Privacy Policy.

(b)

Contract performance: where we are required to collect and handle your personal data in order to provide you with the services that we have contractually agreed to provide to you.

(c)

Legal obligation: where we need to use your personal data to comply with our legal obligations.

(d)

Legitimate interests: where we have a legitimate interest in using your information. We will only rely on this legal ground if we consider that our interest in using your personal data for the relevant purpose is not outweighed by any interests that you may have, or any prejudice that you may suffer, from the relevant use of your personal data.

The legal bases for our use of your personal data are set out below, as required under the GDPR or the laws of the EU member state in which you are based. In the table below, we have linked each purpose mentioned in section 4 of our Privacy Policy to the relevant legal ground/s. For more details on each of the legal grounds, please see the table below.

Legal Bases Table

Purposes of the data processing

Use bases (The specified ground may vary depending on the specific processing activity and particular personal data being processed)

To provide our products and services to you (4.1(a))

contract performance
legitimate interests (to allow us to perform our obligations and provide services to you)

To provide customer support (4.1(b))

contract performance
legal obligation
legitimate interests (to allow us to correspond with you in connection with our services)

For marketing purposes (4.1(c))

consent (which can be withdrawn at any time)
legitimate interest (to keep you updated with news in relation to our products and services

To improve our products and services (4.1(d))

legitimate interests (to allow us to maintain and improve the quality of our services and products)

To comply with our legal obligations (4.1(e))

legal obligation
legitimate interests (to cooperate with law enforcement and regulatory authorities and for the establishment, exercise or defence of legal claims)

For legal and administrative purposes (4.1(f))

contract performance
legal obligation
legitimate interests (to allow us to guard against fraud and other unlawful activity and for the establishment, exercise or defence of legal claims)

To reorganize or make changes to our business (4.1(g))

legitimate interests (in order to allow us to change our business)

6 Our decision-making processes

6.1

In connection with our business, we will use your personal data to make various decisions about you and your eligibility to access our services, to prevent abusive use of our services, to ensure security of our systems, or to detect fraud. Some of these decisions may be taken on an automated basis including, by matching your personal data against information in certain risk models that we have created based on the behaviour of other individuals and using your personal data to further enhance such models.

7 Who we share your Personal Data with

In certain circumstances, we will disclose your personal data to third parties as described below:

7.1

Our service providers and members of the Logisnext Group who process personal data on our behalf for the purposes

described in section 4

We have engaged third party service providers that process your personal data in the performance of their services, such as Mitsubishi Logisnext Americas Inc. (providing the Platform including technical support and maintenance), Microsoft (hosting and data storage), CyberArk (security and access management, Sendgrid (sending and distribution of emails), New Relic (application performance monitoring) and O’Neill (provider of an electronic parts catalog). Furthermore, recipients may include contractors, agents, advisors (e.g. legal, financial, business or other advisors). These parties are permitted to process your personal data on our behalf for the purposes set out in section 4.

7.2

Government and regulatory bodies and other individuals, bodies and organisations

We may disclose your personal data to governments, regulatory authorities, law enforcement bodies, legal advisers and other individuals, bodies and organisations for the purposes of complying with our legal obligations.

8 Transmission, storage and security of your Personal Data

Export outside the EEA

8.1

Your personal data may be accessed by staff or suppliers, transferred, and/or stored outside the EEA, including to countries which may have a lower level of data protection than under the GDPR. This is done because our partners and/or service providers provide their services to us from countries outside the EEA. For example, Mitsubishi Logisnext Americas Inc. is based in the U.S.

We must comply with specific rules when we transfer personal data from inside the EEA to outside the EEA. When we do this, we will use appropriate safeguards to protect any personal data being transferred. For example, we have concluded European Commission approved standard contractual clauses that impose different data protection obligations directly on the recipient, or as otherwise permitted under the GDPR.

8.2

Please contact us as set out in paragraph 11 of the Privacy Policy if you would like to see a copy of the specific safeguards we apply to the export of your personal data.

IT Security

8.3

No data transmission over the Internet, a website, mobile application or via email or other message service can be guaranteed to be secure from intrusion. However, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your personal data in accordance with the requirements of data protection legislation.

8.4

All personal data we collect about you is stored on our or our subcontractors’ secure servers. We comply with our security policies and standards when accessing or using this information and restrict access to your personal data to those persons who need to use it for the purpose(s) for which it was collected. In particular, where we have given you (or where you have chosen) a password which enables you to access certain parts of our Platform, we ask you not to share a password with anyone.

9 Retention period

Our retention periods for personal data are based on business needs and legal requirements. We will retain your personal data for as long as is necessary for the processing purpose(s) for which it was collected and any other permitted linked purpose. For example, we may retain: (i) certain transaction details and correspondence until the time limit for claims arising from the transaction with us has expired (which is typically 5 years after the relevant transaction occurred, and in some cases much less than this); or (ii) certain data to comply with regulatory requirements regarding the retention of such data. Where personal data is no longer needed, we either irreversibly anonymise the data for the purposes described in paragraph 4 (in which case we may further retain and use the anonymised data) or securely destroy the data.

10 Your rights and contacting us

10.1

General rights

You have the right (subject to various exceptions and in accordance with data protection legislation in your country) to access certain personal data held about you and correct any inaccuracies and ask us to provide you with further details on the use we make of your personal data and to provide you with a copy of personal data that you have provided to us.

You also have the right to ask us to:

update any inaccuracies in the personal data we hold;
delete any personal data that we no longer have a lawful ground to use;
where processing is based on consent, to withdraw your consent so that we stop that particular processing;
transmit the personal data you have provided to us and we still hold about you to you or to a third party in a structured, commonly used and machine-readable format;
object to any processing based on the legitimate interests ground unless our reasons for undertaking that processing outweigh any prejudice to your data protection rights; and
restrict how we use your personal data while a complaint is being investigated.

You may exercise these rights by contacting us at the contact details in section 10.4 of the Privacy Policy or the My Privacy tab on the Platform. Please note that we generally will not charge a fee when we deal with your requests in the exercise of these rights.

These rights are subject to certain exemptions to safeguard the public interest (e.g., the prevention or detection of crime) and our interests (e.g., the maintenance of legal privilege). We will aim to respond to requests within one month.

If we are unable to resolve an inquiry or a complaint, you have the right to contact the data protection regulator in the country in which you are based.

10.2

Right to opt out of direct marketing

You have the right to ask us not to process your personal data for direct marketing purposes. You can exercise your right to prevent such processing by indicating that you do not consent to direct marketing at the point at which we collect your personal data. You can also exercise the right at any time after we have collected and used your personal data for direct marketing purposes by:

(a)

following the opt-out instructions contained in the relevant communications; or

(b)

updating your email subscriptions at My Privacy tab on the Platform

10.3

Updating information

We will take reasonable steps to try and ensure that your personal data is accurate. To help us do this, please notify us of any changes to your personal data.

10.4

Contacting us

Mitsubishi Logisnext Europe B.V.
Hefbrugweg 77
1332 AM Almere
info@logisnext.eu

11 Links to Other Sites

The Platform contains links to other sites that are operated by third party companies with different privacy practices. You should remain alert when you leave our site and read the privacy statements of other websites. We have no control over personal data that you submit to or receive from these third parties.