Privacy Policy

TERMS OF USE 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE 

By using this Website you are agreeing to the terms and conditions of use (“Terms of Use”) described on this page and in any other part of this Website of MacDon Industries Limited (“MacDon”). You are deemed to agree to these Terms of Use, even if you have not read them. By using this Website, you are representing to us that you have the power and authority to accept these Terms of Use and that you understand and assume any risks related to the use of this Website. If these Terms of use are not acceptable to you, please do not use this Website. If you are dissatisfied with this Website, your sole and exclusive remedy is to stop using it. 

RIGHTS GRANTED & RESTRICTIONS ON USE 

You are granted a limited non-exclusive, non-transferable license to display on your computer print download and use the content of this Website (other than the design or layout of this Website) for your own informational or educational purposes only. All copies that you make must retain all copyright and other notices on this Website, including this limited license. You may not modify any content that you use. 

Except as provided in the foregoing paragraph, you may not use, distribute, sell, modify, transmit, revise, reverse engineer, republish, post or create derivative works (where applicable) of the trademarks, trade names, logos, information, software or other material or content in these Terms of Use (collectively referred to as the “Content” of this Website) without MacDon’s prior written permission. You acknowledge and agree that this Website and its content are the property of MacDon, its affiliates and/or their respective service providers, suppliers or licensors, and that you will not acquire any rights or licenses in any trademarks, patents, copyright or other intellectual property on this Website or in its content. This Website and its content are protected by copyright; both individually and as a collective work or compilation and by trademark law, patent law and any other applicable laws. 

TRADEMARKS 

MacDon copyrights the text, images, graphics, layout and information on this Website. The trademarks, trade names, service marks, and corporate logos and emblems displayed here either belong to MacDon or one of our affiliates or belong to third parties and have been used with their permission. 

NON-CONFIDENTIAL USE OF YOUR POSTINGS 

You should not send any proprietary or confidential information to MacDon via this Website. We will treat user questions, comments and other information received through this Website as non-confidential and may reproduce, use or disclose and distribute such items without notice or obligation to the originator, subject to our Privacy Statement as set forth on this Website. By sending us any such information through this Website, you grant MacDon an unrestricted, irrevocable, fully paid-up license, with a right to sublicense, to use, reproduce, display, perform, modify, transmit and distribute such information and you further agree that MacDon is free to use any ideas, concepts, know-how or techniques that you provide for any purpose. 

DISCLAIMERS AND LIMITATION OF LIABILITY 

We have tried to include accurate, complete and current information in this Website. However, we make no guarantees or warranties (whether express or implied) about this Website or its contents. The information contained in this Website is provided “AS IS”. We disclaim all responsibility for its use or misuse and assume no responsibility to you or any third party for the consequences of any errors or omissions. 

MACDON, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION THOSE ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY THIRD PARTY IN RELIANCE UPON THE CONTENT OF THIS WEBSITE, OR ANY INABILITY TO USE ANY CONTENT ON THIS WEBSITE, OR ANY OTHER CAUSE; AND EVEN IF CAUSED BY MACDON’S OR ITS AFFILIATE’S OR EITHER OF THEIR RESPECTIVE LICENSORS’, SERVICE PROVIDERS’ OR SUPPLIERS’ NEGLIGENCE, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. THESE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE. 

USE OF LINKS 

Links from this Website are provided for your convenience. If you leave this Website via a link contained herein, MacDon does not provide the content that you view therein. We are not responsible for the content or privacy policy at those sites. We make no guarantees, representations or warranties as to, and shall have no liability for, any electronic content delivered by any third party or the use of any personal information you provide to any such Website. 

LAWS 

All matters relating to your access to, or use of, this Website shall be governed by the statutes and laws of the Province of Manitoba or the federal laws of Canada, as applicable, without regard to the conflicts of laws principles thereof. 

INDEMNIFICATION 

By using the Website, you agree to indemnify and hold MacDon, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Website or its contents, any violation of these terms by you, or any content you transmit on or through the Website. 

RIGHT TO AMEND TERMS 

MacDon reserves the right to alter or amend any of the foregoing terms without obligation or notice to users. Any such alterations or amendments will be posted on this Website. Although the website is accessible worldwide, not all products or services discussed in the Website may be available in all geographic locations. MacDon reserves the right to restrict the provision of any product or service to any person, company, and geographic location it desires, in compliance with applicable law. 

 

PRIVACY POLICY 

DATA PRIVACY 

Thank you for visiting MacDon’s site! The protection of your personal data is of great importance to us and we respect your privacy. Your data is collected and processed only in accordance with the statutory data protection rules. This data privacy policy describes how we collect and use personal data related to you, or data you provide to us. 

PERSONAL DATA 

Personal data means any information relating to an identified or identifiable natural person. This includes information such as your name, address, telephone number and date of birth. Information that is not directly associated with your actual identity is not classified as personal data. 

DATA CONTROLLER 

Responsible for the processing of your personal data is: MACDON INDUSTRIES LIMITED. 

COLLECTION OF PERSONAL DATA: ORIGIN, EXTENT AND TYPE 

In principle, MacDon collects personal data directly from you. In doing so, we only record those personal data which are necessary for the respective purpose (principle of data minimization). Additional information may be given voluntarily. The type of personal data we collect from you will depend upon the type of interaction you have with us. This may include: 

  • if you are a visitor of our website our web server temporarily saves, by default, the connection data of the inquiring computer, which of our websites you are visiting, the date and the duration of your visit, the identification data of the browser and operating system type used as well as the website from which you visit us. Personal data beyond this, such as your name, address, phone number or email address will not be collected, unless this information has been voluntarily provided by you; 
  • personal data that you provide voluntarily by using MacDon’s Career Center on the website or similar online application tools operated by external providers; 
  • personal data that you provide voluntarily by completing forms on the website, including if you sign up to receive our communications or attend one of our training or other events, if you request a trial of a product or service, if you search for a product or service, or if you request any other information; 
  • if you register or create an account with us, your log-in and password details; 
  • personal data contained in messages when you post voluntarily on our social media accounts; 
  • personal data contained in communications you send to us, for example when you report a problem or submit queries, concerns or comments regarding the website or its content; and personal data from surveys that we may, from time to time, run for research purposes, if you voluntarily choose to respond to, or participate in, them. 

In addition to the above, we may collect specific types of information from the following categories of user: 

Retail Customers 

We may collect your name, address, telephone and facsimile numbers, e-mail address, machine serial number(s), dealer name and purchase information from your warranty form and dealer reports and we assign you an internal customer number. We use this information for warranty and servicing your products and to provide information to you relating to any safety issues or functional updates. MacDon may use this information to advise you of product developments, new products and other developments within MacDon unless you ask not to be advised. In addition, we may use this information in anonymous form for statistical and marketing purposes. If we are involved in any financing with you, and with your express consent, we may also collect credit and other personal information, including insurance information so that we or any outside finance company providing financing may evaluate your creditworthiness for any financing of purchases of MacDon products. 

Dealer Information 

We may collect your name, addresses, telephone and facsimile numbers, e-mail addresses, principal contacts, shop rates, taxation numbers, records of sales, credit card numbers and credit approval information from outside financing companies. This information is used to carry out our dealings with you, including receiving and filling orders, providing program information and other matters usual to a manufacturer/dealer relationship. If we are extending credit to you, with your prior consent, we will collect credit information including financial statements and other personal information from dealers and their principals so that we, or any outside financing company, providing floor plan or other financing can determine your creditworthiness. You can refuse to provide this information but, we reserve the right to refuse credit. In addition, we may collect the names of dealer sales people, their addresses, email addresses, telephone numbers, social insurance or social security numbers where we offer financial incentives under any special promotions to sales people in order to comply with tax reporting requirements. 

Suppliers of Goods 

We collect supplier names, addresses, telephone and facsimile numbers, email addresses and banking information which you provide to us in order to do business with you. In addition, for suppliers of goods which are out of Canada, we may collect taxation or customs information if required for reporting purposes to government agencies. 

Suppliers of Services 

From time to time we do retain consultants and others to provide services to us. We may collect names, addresses, telephone and facsimile numbers, email addresses, banking information, workers’ compensation registration numbers, insurance coverage information, social insurance or social security numbers, health and family information and tax registration numbers in order to deal with you in fulfilling our contractual obligations, including providing direct deposits for payments due for services and any required remittances of income and other taxes to government authorities. 

Prospective and Past Employees 

We collect application forms and resumes from prospective employees, including names, addresses, telephone and facsimile numbers, Social Insurance or Social Security Numbers, height, weight, educational background, hobbies and sports interests, employment references, employment history and experience, age, physical handicaps or other health problems and the make, year, colour and license number of automobiles. We use this information to assess the suitability of such prospective employee for employment at a MacDon Company and for dealing with you as an employee if hired. In addition, for past employees, we maintain a record of their employment with MacDon including performance reviews, income and tax information, insurance claims and similar information after they cease employment with the MacDon Company. We retain this information for tax and insurance purposes and to provide references at the request of the past employee. 

You are under no obligation to provide any personal data if there is no requirement according to applicable law. However, if you choose to withhold requested information, you may not be able to access all of the contents and services we provide on our website. 

MacDon may also collect personal data relating to you from third parties. This may include (but is not limited to) the collection of personal data relating to you from: 

  • our business partners; 
  • someone you duly authorize to act on your behalf; 
  • recruiters and employment agencies; and 
  • referees you have provided in support of a job application. 

PURPOSE OF PROCESSING PERSONAL DATA AND LEGITIMACY 

We use personal information relating to you that we collect, or that you provide to us, for the purpose of our legitimate interests as follows: 

  • for the conclusion of a contract, the fulfillment of the contract entered into between you and us and to provide you with the information, products and services that you request from us; 
  • to provide you with information about other products and services we offer that are similar to those that you have already purchased or enquired about, where you have consented to be contacted for such purposes; 
  • to conduct our internal business and management processes, for example accounting or auditing purposes; 
  • for employment purposes, if this is necessary for the decision on the establishment of an employment relationship, the fulfillment of the employment or termination, or for the purpose to comply with legal requirements according to applicable labor law, social security and safety regulations or collective agreements; 
  • for answering you inquiries and to deal with complaints; 
  • for the purpose of technical administration of the websites to keep this website safe and secure and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; 
  • to fulfill legal obligations or regulatory requirements. 

Your personal data will be processed by us exclusively for the given purpose. 

HOW WE PROCESS YOUR PERSONAL DATA 

MacDon ensures that your personal data is processed in a manner that protects your privacy. The personal data will be processed by electronic means and in paper form. In doing so, we adhere to the security standards to protect your privacy and the risk of access to this personal data by unauthorized persons. We have made extensive technical and organizational security arrangements to protect your personal data from loss, manipulation, destruction and unauthorized access. Your personal data is saved in a secure operating environment which is not accessible to the public. Our security measures are continuously improved in line with technological development and legal requirements. 

DURATION OF PROCESSING AND STORAGE 

We process your personal data only for as long as it is necessary to fulfill the relevant business purpose or as required according to applicable laws. Documents containing your data will be kept in accordance with legal storage requirements. Should you wish for your personal data to be deleted in advance of these requirements, we will comply with your request, so long as the deletion of this information does not conflict with any mandatory storage obligations. 

WITH WHO DO WE SHARE YOUR PERSONAL DATA? 

Your personal data will not be disclosed, sold or transferred in any way to third parties, unless this is necessary for the performance of a contract, to fulfill legal obligations or unless you have expressly given your consent for this. 

If it is necessary to transfer your personal data to an external service provider in order to perform a service or to answer an inquiry, we will take all technical and organizational measures necessary to ensure that the legal provisions for data privacy are observed. Furthermore, MacDon commits external service providers to observe the pertinent legal data privacy regulations, to confidential handling of personal data and to the deletion of this data, insofar as it is no longer needed. 

We may also share personal information relating to you with other companies within our group if this is required for business purposes and operational, support and continuity purposes. MacDon has implemented group-wide applicable data security policies and implemented by this way a standardized security level in order to ensure that your personal data are handled in a safe manner. 

PERSONAL DATA OF CHILDREN 

As protecting the private sphere of children is particularly important to us, we do not collect, process or use any data from persons under the age of 16 without the express permission of a legal representative. Should you, as a parent or guardian, learn that your children have transferred their personal data to us, it is possible to submit a written inquiry requesting to see the information provided by your child and/or to demand that this information be deleted. 

USE OF COOKIES 

Cookies are small text files which are transferred from websites, applications or services and stored on your device. In some cases, we use cookies to help us provide you with a personalized service, and to help make our websites, applications and services better for you. Cookies do not cause any damage to your computer and do not contain any viruses. 

Our cookies may be session cookies (temporary cookies that identify and track users within our websites, applications or services which are deleted when you close your browser or leave your session in the application or service) or persistent cookies (cookies which enable our websites, applications or services to remember your preferences within our websites, applications or services and which will stay on your computer or device after you close your browser or leave your session in the application or service). 

By default, browsers are configured to accept cookies. However, these settings may be changed to block cookies entirely, or to inform the user each time they are used. Detailed information about cookies and the options associated with them are available in each browsers’ settings. 

SOCIAL MEDIA PLATFORMS 

Communication, engagement and actions taken through external social media platforms that we participate on are subject to the terms and conditions as well as the privacy policies of those social media platforms. 

This Website may use social sharing buttons which help to share web content directly from our web pages to the social media platform. Where you use such social sharing buttons you do so at your own discretion – you should note that the social media platform may track and save your request to share a web page respectively through your social media platform account. Please note these social media platforms have their own privacy policies, and we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these social media platforms. 

ADDITIONAL PROVISIONS FOR EU RESIDENTS 

As a European citizen you are protected under the General Data Protection Regulation (EU) 2016/679 that gives you the following rights: 

  • information about the processing of your personal data; 
  • correction or deletion of your personal data; 
  • restriction of processing; 
  • objection to processing; 
  • data portability; 
  • revocation of your given consent with effect for the future, if your consent was a precondition for the processing of your personal data; and 
  • complaint to the data protection supervisory authority. 

If you believe that the processing of personal data concerning you is contrary to the applicable law, you may submit a complaint to a supervisory authority. Your competent supervisory authority is that of your place of residence. 

YOUR ROLE 

The safety and security of your information and any personal data relating to you also depends on you. Where we have given you (or where you have chosen) a password that enables you to access certain parts of the Website and/or the services, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. 

CHANGES TO THIS DATA PRIVACY POLICY 

For legal and/or organizational reasons, it is occasionally necessary to carry out changes or to adapt our data privacy policy. Please always refer to the current version of our privacy policy. 

 

CONTACT 

Should you have any questions with respect to the collection, processing or use of your personal data, you are welcome to contact us using the information below: 

MacDon Corporation Data Protection Officer 
Elliot Burger, Associate General Counsel (Linamar Corporation) 
Email: Elliot.Burger@Linamar.com 
Phone: 519 836 7550 x40078