TERMS OF SERVICE
Last Updated: May 12, 2020
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 However, if consent is denied or withdrawn, K-Tec may not be able to provide certain products or services.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.
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:
- 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.
- 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;
- 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;
- 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 firstname.lastname@example.org. 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 email@example.com.
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.
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.
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:
- 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).
- Right of rectification: You have the right to correct any inaccurate or incomplete personal data that we hold about you.
- Right to erasure: You have the right to ask us to delete personal data that we hold about you.
- 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).
- 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.
- 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.
Box 257, Rosenort, Manitoba
Canada R0G 1W0