SNAP-ON EQUIPMENT INC. LICENSE AGREEMENT
Tru-Point™, EZ-ADAS™
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING THIS SOFTWARE. WHOEVER INSTALLS THIS SOFTWARE MUST EITHER BE THE PERSON WHO ACQUIRED THE SOFTWARE OR A PERSON AUTHORIZED BY THE PERSON OR ENTITY WHO ACQUIRED THE SOFTWARE TO ACCEPT THE FOLLOWING TERMS ON SUCH PERSON'S OR ENTITY'S BEHALF. "YOU" AND "YOUR" SHALL REFER TO THE PERSON OR ENTITY WHO ACQUIRED THIS PRODUCT. INSTALLING THIS SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD NOT USE THE SOFTWARE AND CONTACT SNAP-ON IMMEDIATELY.
Should you have any questions or concerns regarding this policy, please contact:
Snap-on Equipment Inc.
Customer Service
309 Exchange Avenue
Conway, Arkansas 72032
Tele: (800) 362-8326
LICENSE Upon your acceptance of this End User License Agreement (the "Agreement"), Snap-on Equipment Inc. ("Snap-on") grants, subject to the terms and conditions of this Agreement, to the person or business entity who originally acquired the software products ("Software") a non-exclusive, non-transferable (except as permitted below), personal license to use the Software ("License"). The Software is a proprietary product of Snap-on and is protected by copyright law, as well as other intellectual property laws. Snap-on retains title and ownership of the Software, and it is being licensed to you and not sold. All rights, not expressly granted to you, are reserved by Snap-on.
CONSENT Each time you use this Software, you consent to the collection, use, disclosure, and processing of personal information in accordance with the Privacy Policy below as Exhibit A. In particular, if you are located in a jurisdiction outside the United States, you consent to the transfer of this information to our servers and computer systems in the United States, a country that may not provide an “adequate” level of data protection within the meaning of the laws in your country. Snap-on Equipment is part of the Snap-on group of companies which process your data. Snap-on Equipment operates under the trading name of John Bean, Hofmann, Car-O-Liner and Sun in North America, Latin America and Europe.
PERMITTED USES YOU MAY: (i) download, install, and use the Software for your use on a device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with this License Agreement; and (ii) access, stream, download, and use on such Mobile Device the content and services made available in or otherwise accessible through the Software, strictly in accordance with this Agreement and the terms of use applicable to such content and services.
PRIVACY POLICY
Exhibit A
We appreciate your use of our services. The protection of your privacy in the processing of your personal data is an important concern to which we pay special attention during our business processes.
1. What personal data do we gather?
We collect and process a range of personal data including, as applicable:
Data you give to us:
- This is information about you that you give to us by filling in forms on our application. It includes information you may provide when you download the application on your device, search for a product or when you report a problem with our application. The information you might provide us includes for example: name, title, address, business telephone number, purchase information, business email address, fax number, country of origin/nationality, country of residence, customer number, business-related information, and the name of the company you work for.
Data we collect about you:
- With regard to each of your visits to our application we will automatically collect information about your visits through the use of various technologies, this will include information about your internet service provider, IP address, operating system, device identification number; pages accessed on our application and online sources, and the date and time of access in order to optimise your user experience and enhance your time spent with us online. Our application uses cookies to distinguish you from other users. This helps us to provide you with a good experience and also allows us to improve our site and services.
Data we collect from other sources, as applicable:
- We may also receive information about you from other websites we operate or the other services we provide. We may also receive information about you from our franchisees or agents.
- We also work with third parties including, for example, business partners, subcontractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, lead generators, data aggregators, social media platforms, and credit reference agencies.
2. How is that personal data used by us?
We may use personal data held about you in the following ways:
- Application Experience: for the technical administration of the application; for internal operations; for customer administration; for product surveys; for troubleshooting; for data analysis, data analytics, testing, and research and development purposes; to ensure that content from our site is presented in the most effective manner for you and for your computer; and as part of our efforts to keep our site safe and secure;
- Business Uses: to fulfil a transaction request or to carry out our obligations arising from any contracts you enter into with us or to send more information about becoming a franchisee or dealer; to send renewal notices; to establish and manage accounts; and to analyse and develop new products, services and website;
- Providing Support: to provide customer support, manage subscriptions, and respond to requests, questions, and comments; to notify you about changes to our service; and to measure how effectively we address your concerns;
- Monitoring & Recording: to handle any calls, chats or other interactions with us, including by the customer services team. Please be aware that it is our general practice to monitor and in some cases record such interactions for staff training or quality assurance purposes or to retain evidence of a particular transaction or interaction.
- Mobile Applications: to make available mobile applications, to implement social media platforms on some of our websites, to register on these platforms. Please refer also to any supplemental privacy policy that may be available with respect to these third party social media platforms.
- Protecting our Rights and Property: to protect our rights or property or that of our business partners, franchisees, dealers, suppliers, customers or others when we have reasonable grounds to believe that such rights or property have been or could be affected; to recover debts; to prevent, detect, identify, investigate, respond, and protect against potential or actual claims, liabilities and prohibited behaviour or activities.
- Information for our Business Partners, Dealers and Franchisees: to administer and develop our business relationship with you, the business partner, dealer or franchisee you represent, including sharing information with our group, to enter into or perform a transaction with you, to contact you as part of satisfaction surveys or for market research purposes;
- Marketing: to communicate about, and administer participation in, special events, programs, surveys, contests, sweepstakes, and other offers and promotions; to provide you with information about other goods and services we offer, or offered by others, that are similar to those that you have already purchased or enquired about and to send informational or promotional email messages to you, which you may opt out of receiving as described below; and
- Surveys: to request and receive from you information regarding your experience with our products and services. We may use the information to design offers customized to your interests.
3. On what legal basis do we gather and use my data?
We gather and use your personal data for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract.
Is my personal data transferred or provided to third parties?
Snap-on Equipment is a global organization with affiliates, subsidiaries, business processes, management structures and technical systems that cross borders. As such, we will share the personal data we collect other companies within the Snap-on Equipment group and transfer it to countries in the world where we do business in connection with the uses identified above and in accordance with this Privacy Policy.
Subject to their compliance with applicable legislation and/or this Privacy Policy, we will also disclose your personal data to selected non-affiliated third parties, including those that perform transaction processing or servicing functions, credit reference agencies, debt collection agencies, and/or other companies that provide services on our behalf, professional service providers (including translators, legal advisers and accountants), adverse parties who have a legal right to receive such information and their counsel and experts, law enforcement authorities, and other government authorities.
We will disclose such data for the following purposes:
- to service the legal agreement between us and third parties, to enforce the terms of use, to meet our obligations to content and technology providers;
- to manage client, dealer, franchisee, and customer accounts effectively, to service and process transactions, to market products and services offered by us and our affiliated companies, to manage our business;
- to improve and optimize our site and services;
- to enable them to offer products or services that may be of interest to you (provided that you have consented), which you may opt-out of receiving as described below; and
- as required by law in cases where we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation, or to protect our rights, property, or safety, as well as that of our customers, clients, dealers, franchisees or others or in response to a court order, subpoena or a law enforcement agency's request.
Circumstances may arise where, whether for strategic or other business reasons, we decide to sell, buy, merge or otherwise reorganize our business. Such a transaction may involve the disclosure of personal data to prospective or actual purchasers, or the receipt of such data from sellers. It is our practice to seek appropriate protection for data in these types of transactions.
If applicable: [We use non-identifying and aggregate information to better design and improve our web site and services and gather information for product management and development. For example, we may tell our sales and marketing staff that X number of individuals visited a certain area on our web site, or that Y number of software licenses were ordered during a particular time period. This aggregate information may also be shared with our affiliates and independent dealers.]
4. How long will my personal data be kept for?
We will endeavour not to keep your personal data in a form that allows you to be identified for any longer than is reasonably necessary for achieving the permitted purposes. This means that data will be destroyed or erased from our systems or anonymized when it has reached the applicable retention period.
5. Will my personal data be transferred to other countries?
Personal data may be transferred outside of the European Economic Area (“EEA”) to members of our group and other third parties as set out above, provided that certain conditions as set out in the applicable legislation are complied with. Your personal data will also be processed by staff operating outside the EEA who work for us. This includes staff engaged in, among other things, the fulfilment of your order and the provision of support services.
We are party to a data transfer agreement with the members of our group and we will (i) keep that document up to date with current law, and (ii) only engage in personal data transfers from the EEA to outside the EEA in accordance with such an agreement or an alternative means of transfer in compliance with data protection legislation. For more information on the safeguards in place, please contact the DataProtectionManager@snapon.com.
6. What security measures are in place to protect my personal data?
We endeavour to protect the security of your personal data. We will seek to maintain administrative, technical and physical safeguards to protect against loss, misuse or unauthorized access, disclosure, alteration or destruction of your personal data.
Unfortunately, the transmission of information via the internet is not completely secure. Although we endeavour to protect your personal data, we cannot guarantee the security of your personal data transmitted to us or stored on our systems; any transmission is at your own risk. Once we have received your personal data, we will use procedures and security features to try to prevent unauthorised access. These procedures include physical, electronic, and managerial procedures. [When you place orders or access your account information, we offer the use of a server that encrypts the information you input before it is sent to us.]
7. How do I update or access my personal data?
We ask that you keep your data as up-to-date as possible so you may get the maximum benefit from us.
8. What rights do I have in relation to my personal data?
Depending on the circumstances, you may have the right to:
- request access to any personal data we hold about you;
- object to the processing of your data for direct-marketing purposes;
- ask to have inaccurate data held about you amended or updated;
- ask to have your data erased or to restrict processing in certain limited situations;
- request the porting of your personal data to another organization in control of your personal data; and/or
- object to any decision that significantly affects you being taken solely by a computer or other automated process.
If you wish to make a formal request for information we hold about you, you can contact us, at:
Snap-on Equipment Inc.
Customer Service
309 Exchange Avenue
Conway, Arkansas 72032
Tele: (800) 362-8326
9. How do I opt out of being contacted for promotional purposes?
You have the right to ask us not to send you marketing communications. We will usually inform you (before collecting the personal data) if we intend to use your personal data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect personal data. You can also exercise the right to prevent such processing at any time by:
- Clicking the unsubscribe link in any informational or promotional email that we send you.
- Calling our Customer Service Centre at (800) 362-8326 if you have any questions about changing your contact preference or require assistance in removing your name from our subscription lists
10. What should I do if I think there has been a breach of the applicable data protection legislation or this Privacy Policy?
If you consider that the applicable data protection legislation or this policy has not been followed, then you should raise the matter with the Data Protection Manager at DataProtectionManager@snapon.com. Any breach will be taken seriously.
11. Modifications to this Privacy Statement
We reserve the right to modify this Privacy Policy at any time and without prior notice. We will post any changes on our website so please check regularly for the most recent version of our Privacy Policy. This version was posted on 3/26/2021.