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Privacy

General Data Protection Notice
  1. Who are we?

Poclain Hydraulics Industrie SAS (hereinafter Poclain) is part of an international group present in 17 countries, specializing in power transmission systems and cam engines.

Poclain respects your privacy and is committed to protecting the personal information you provide to us.

 

  1. Purpose of this Notice

The purpose of this Notice is to explain how Poclain ensures the protection of your Personal Data, in accordance with the provisions of the General Data Protection Regulation (Regulation 2016/679 - hereinafter "GDPR") as well as the means by which Poclain, acting as Data Controller, collects and uses your personal data, in particular when you use the website poclain-hydraulics.com.

Personal data means all information relating to an identified or identifiable natural person (data subject). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (including IP addresses and records) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

This notice applies in particular to data collected in the context of our marketing and commercial activities, and our contractual or pre-contractual relations. It is not exhaustive and is supplemented, on a case-by-case basis, by means of other information notices relating to the processing of personal data to which you may be subject.

 

  1. According to which principles do we process your data?

We collect and process your personal data in accordance with our group personal data protection policy and our processing registers:

  • We process your data in a lawful, fair and transparent manner (we inform you of the processing of your data).
  • We process your data for well-defined purposes (for example to allow us to process your requests, select and recruit a new employee, etc.).
  • Our data collections are carried out in an adequate, relevant and limited way to what is necessary (for example, we do not keep your data longer than necessary).
  • We ensure the confidentiality, integrity and security of your personal data by implementing appropriate organizational and technical measures.
  • Our employees are aware of the protection of your personal data.
  • We respect your rights as a data subject.
  1. What information do we collect ?

The information that we collect and process essentially concerns our prospects, our clients, our candidates, as well as all the stakeholders linked to our activities (press, investors, banks and financial institutions, etc.).

The personal data concerned by the processing are in particular the following:

  • Technical data, such as IP addresses or logs collected through cookies or similar technologies;
  • Identification data: IP address, professional contact details (including surname, first name, company name, professional title, professional email address and professional telephone number) and personal contact details;
  • Professional life data: this includes the following data in particular: place of work, job held, curriculum vitae, etc.

In addition, Poclain develops products and services likely to collect, use and transfer personal data (for example geolocation data).

 

  1. When do we collect your personal data?      

Personal data is collected in particular:

  • When you browse the www.poclain-hydraulics.com website;
  • When you send a request for information to the sales department, the investor department, the press department or, more generally, each time you contact us via the Contact section of the poclain-hydraulics.com website;
  • When you engage in a commercial exchange with Poclain, in particular via requests for quotes and proposals;
  • When you enter into a contract with Poclain, in particular via purchase orders and invoices,
  • When you entrust us with your business cards or send us e-mails;
  • When you give your contact details during your participation in events and conferences or when downloading technical or commercial documentation;
  • When you wish to exercise your rights relating to the protection of your personal data;
  • When you submit personal information in any other way.
  1. What do we do with your personal data? 

We use your data for the following purposes:

  • Allow you to access the site (www.)poclain-hydraulics.com
  • Make services available and plan their improvement;
  • Maintain the security of the website and manage its operation;
  • Respond to your requests, keep track of our exchanges and provide you with quality service;
  • Send you commercial and advertising information from Poclain, notably concerning products and events likely to interest you, subject, where applicable, to your prior consent, and in compliance with your right to object, in accordance with applicable legal requirements to direct marketing. These notifications can be sent by e-mail or postal mail, or by telephone (calls,);
  • Fulfill a contractual or pre-contractual obligation;
  • Prevent and detect fraud and malware and management of security incidents;
  • Carrying out legal obligations (e.g. anti-corruption due diligence, economic sanctions background check, export control)
  • Defend our rights and manage any disputes.

Fields marked with an asterisk must be completed. Otherwise, your request for information and/or contact cannot be taken into account. Any other information is optional.

 

  1. What legal basis do we have for processing your personal data? 

Poclain ensures that it has a legal basis for its processing of personal data. Thus, the Processing operations carried out by Poclain are mainly based on its legitimate interest in carrying out marketing and business activities, to better understand the needs of its customers and prospects in order to personalize our offers, respond to the requests of its customers and prospects, improve its business activities, to defend its rights or to deal with disputes, and to prevent fraud.

These operations are also based on the need to perform the contracts or to take certain measures prior to the conclusion of a contract.

Processing may be necessary to comply with a legal obligation.

Finally, certain processing operations, such as certain commercial procedures or the deposit of certain cookies, may be based on obtaining the prior consent of the person concerned.

 

  1. Who has access to your Personal Data?

Poclain takes all reasonable legal, technical and organizational measures to ensure the security of your data and to limit access to it to only those recipients who need to know them.

Poclain may share your Personal Information with the following categories of recipients:

  • POCLAIN employees working in the teams in charge of communications, press relations, investor relations (including general management and the finance department),
  • POCLAIN or Poclain entities' sales representatives and employees in charge of customer relationship management, including the sales and after-sales service, and the quality department;
  • Employees of POCLAIN or Poclain entities or subcontractors in charge of direct marketing;
  • Depending on your request, the partner companies of our distribution network or our network of repair centers;
  • Employees of POCLAIN or Poclain entities or subcontractors in charge of Poclain information systems (support, maintenance);
  • Employees of POCLAIN or Poclain entities, the Governance, Risk and Compliance, Internal Audit and Legal departments;
  • Third parties, when POCLAIN receives a request from a judicial or public authority empowered by law to do so, in accordance with applicable legal rules.

Please note that this list is not exhaustive and that we only share Personal Data to recipients on a need to know basis and for a specific purpose.

  1. Is Personal Data transferred to a country outside the EEA or to an international organization?          

As Poclain is a global group, the teams responsible for processing your data may be located in many countries, including outside the European Economic Area.

When your Personal Data is transferred to a Recipient located outside the European Economic Area, in a country that is not considered to provide an adequate level of protection according to the European Commission, Poclain undertakes to use standard contractual clauses (such as those published by the European Commission or a competent supervisory authority), and/or any other appropriate safeguards on a case-by-case basis, including additional measures prescribed by the European Data Protection Board (EDPB)

  1. How long do we retain your Personal Data?

For each purpose of processing, we have determined a retention period.

 

Purposes

Examples of personal data

Retention period

Request for information
Identification Data, Application Information

For as long as is necessary to process your application and then archived for a period that allows us to comply with any legal obligation, or for a period equivalent to the statutory limitation period (i.e. five years)

Contract follow-up and invoicing

 

Identification data

Contractual elements - contacts

Invoices

For the duration of the contract and then archived for a period that allows us to comply with any legal obligation, or for a period equivalent to the legal statute of limitations (i.e., five years); invoicing accounting elements are kept for 10 years

Marketing

Last name, first name

Email

Business contact details

We keep your Data until you object to these purposes (in which case only the information necessary to manage the right of objection is kept for a minimum of three years) or for a maximum of three years from the last contact

Defending our rights or dealing with disputes, prevention of fraud

Technical data, Identification data, Emails…

Until exhaustion of legal remedies or the applicable legal statute of limitations..

  1. How do we ensure the security of your personal data ?

Poclain implements organizational, technical, software and physical measures to protect personal data from alteration, destruction and unauthorized access and ensure the security of your personal data.

 

  1. Children's Personal Data       

Poclain's websites are intended for professionals and applicants over the age of 16. Poclain refuses to collect, store or knowingly use the Personal Data of minors under the age of 15, with the exception of the recruitment of young people for very short internships. If information about a minor has been collected by our website without the consent or approval of the person with parental responsibility for that minor, please note that the minor's legal representative may exercise the minor's rights in his or her name and on his or her behalf. In such a case, we invite you to contact us.

 

  1. Cookies

A "cookie" is a piece of information, usually small and identified by a name, that may be sent to your browser by a web site to which you are connected. Your web browser will keep it for a certain period of time, and will send it back to the web server each time you reconnect. Cookies have many uses: they can be used to track your navigation for statistical or advertising purposes, etc.

Poclain may propose to install one or more cookies on your computer or other device, if applicable, subject to your consent, for the following purposes

- For technical reasons (e.g., for identification purposes during sessions, to record settings and preferences, to keep track of your entries when filling out online forms, etc.);

- For statistical analysis and web traffic management purposes (for example, to improve the usability of the site and the relevance of our services, to analyze information on the use of the site by visitors via the pages visited, the number of accesses, etc.).

In this case, the details of what would be installed would be indicated in the "Cookies" section of the website.

 

  1. Your rights in terms of Personal Data Protection

You may, at any time, request POCLAIN to exercise your rights of access, rectification, erasure and portability with respect to your Personal Data, as well as your rights to request a limitation of the processing relating to the data subject and to object to the Processing of your Personal Data, in accordance with the provisions contained in the Data Protection regulations.

You also have the right to object to the Processing of your Personal Data for direct marketing purposes and, therefore, to request at any time to stop receiving commercial and advertising communications from POCLAIN. Where the Processing requires your consent, you have the right to withdraw your consent at any time.

You also have the right, as stipulated by law, not to be subject to automated decisions (i.e. decisions made exclusively by machines) concerning you.

You have the right to receive your personal data in a standardized format and to pass it on to another controller (data portability).

 

  1. How to contact us?

In order to exercise your rights, you can send your request by email to: gdpr(at)poclain(dot)com. 

You can also contact us by post

Poclain Group Compliance Department

Route de Compiègne

60410 - Verberie (France)

To enable us to respond to your request, you must provide us with the following identification data: surname, first name, e-mail or postal address and any other information necessary to confirm your identity. Otherwise, your request will not be accepted.

You may also file a complaint with a Supervisory Authority in the event of a violation of applicable Data Protection regulation.

 

  1. Definitions

‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

‘recipient’ means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not.

consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;

‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.

 

  1. Changes to this Notice

This Notice may be modified or supplemented at any time by POCLAIN. All modifications and additions to this Notice shall take effect upon publication on the website.

 

Please note that POCLAIN undertakes not to process your Personal Data in a manner that is incompatible with the initial purposes mentioned above, except in compliance with the applicable regulation.