Privacy Policy

This Privacy Policy describes how HDD Broker, Inc. ("HDD Broker"), in coordination with its parent company and other affiliates, collects, uses, and discloses information that we collect from you, as well as how we protect and secure your data. If you have additional questions regarding your rights under this Privacy Policy or any agreement you have entered into with HDD Broker regarding your data, please contact us at privacy@hddbroker.lu. Please note that this Privacy Policy is integral to our User Agreement.

This Privacy Policy generally applies to Personal Information and other data that HDD Broker collects, uses, and discloses. However, this Privacy Policy is subordinate to any specific terms and conditions set forth in any terms of use, end user license agreements, or other agreements with HDD Broker related to a particular product, service, or data that is collected. It is also important to note that this Privacy Policy applies to information collected, used, and possessed by HDD Broker and its affiliates, but not to independent dealers or distributors, which may have their own privacy policies that apply to information that they collect from you.

What Types of Information and Data Does HDD Broker Collect, and When Does It Collect This Data?

HDD Broker collects various types of Personal Information and other data through your use of its website. HDD Broker also collects information when you provide it to us or when you use certain services provided by HDD Broker, for example, when you set up a "MyBroker" account.

"Personal Information" is information that can be used to identify, locate, or contact you as a natural person, as well as other information about you that we tie to Personal Information. Personal Information that we may collect includes, but is not limited to, the following types of information:

  • "Contact Information" that allows us to identify and communicate with you, such as your name, phone number, address, email, and language preferences.
  • "Relationship Information" that helps us understand who you are and what you want in order to offer you products and services that may interest you.
  • "Transactional Information" about how you interact with us, our affiliates and business partners, including purchases, services you request, customer service inquiries, and customer account information.
  • "Financial Account Information" as needed to complete your purchases, such as credit card information and information about equipment financing and leasing activities.

"Your Equipment Information" is any equipment-related information you provide to us during the listing process via phone, fax, online, applications, or through any e-mail feature, including but not limited to photos, equipment descriptions, serial numbers, and pricing information. Your Equipment Information may or may not include Personal Information.

By listing your equipment, you agree to grant HDD Broker and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) in any media now known or not currently known, with respect to Your Equipment Information. You agree that this license includes the right to provide, promote, and publish your listing(s), including pricing, to other companies, organizations, or media services, and the right to utilize that information within the scope of business conducted by HDD Broker and its affiliated companies.

"Non-Personal Information" is any information that does not identify a natural person and is not identifiable to a natural person, such as:

  • Cookies and other tools used in a non-identifiable way;
  • Anonymized information;
  • Aggregated information; and
  • Information about your business operations, including, but not limited to:
    • Operation-specific data, such as location data, when kept in a non-identifiable way; and
    • The name, form, and contact details of legal persons.

When data is described as "anonymized," it means that the data is no longer associated with a particular person. When data is described as "aggregated," it means that such information has been combined with other data in such a way that no person can be identified or linked to any specific action or information.

How HDD Broker Uses Your Information (the "Purposes")

Subject to the limitations and other rights set forth in this Privacy Policy, HDD Broker uses your Personal Information and other data in its identifiable form for a variety of purposes, including:

  • To Complete Orders and Provide Requested Services. To fulfill orders for products or services, and for other services or purposes as you may request or direct, such as product delivery, maintenance, warranty service, financing, leasing or credit services.
  • Product and Customer Support. To provide support services through HDD Broker’s parent company or their authorized dealers, including monitoring and managing the health of your equipment, to deliver upgrades and product improvement communications, and for diagnostics and repairs, product safety, and recalls.
  • Marketing and Surveys. To communicate offers for products and services from HDD Broker, its parent company, or any of its controlled affiliates, or their dealers, suppliers, or partners, including offers based on your interests, personal and business characteristics and your location; to administer surveys, polls, sweepstakes, contest, loyalty programs and other promotional events; and to provide other information which may be of interest to you, such as HDD Broker news, catalogs, announcements, reminders, and technical bulletins. Please contact HDD Broker at privacy@hddbroker.lu if you do not want us to contact you for marketing purposes without being asked. We will provide you with the opportunity to opt-out of marketing information or market research inquiries.
  • General Business Purposes. To provide and accomplish standard business tasks, such as payment processing, financial account management, product development, product safety, contract management, website administration, web-forum management, order or contract fulfillment, analytics, fraud prevention, corporate governance, reporting and legal compliance.
  • As Disclosed at the Time of Collection. In any other manner that we may describe when you provide the information to us.

These Purposes may be necessary for HDD Broker to perform a contract to which you are a party, comply with a legal obligation to which HDD Broker is subject, protect the vital interests of HDD Broker or the interests of another natural person, or otherwise pursue legitimate business purposes and objectives of HDD Broker. HDD Broker may obtain your consent to process your Personal Information or other data, as necessary.

HDD Broker collects Non-Personal Information in the same ways it collects Personal Information and other data, described elsewhere in this Privacy Policy.

Because Non-Personal Information does not personally identify you, HDD Broker, in coordination with its parent company and/or its controlled affiliates, may use and disclose Non-Personal Information for any purpose. In some instances, HDD Broker, its parent company, or its controlled affiliates may combine Non-Personal Information with Personal Information (such as combining your name with your location data). If any of your Non Personal Information is combined with Personal Information, HDD Broker will treat the combined information as Personal Information.

In addition, HDD Broker reserves the right to use anonymized and aggregated Personal Information and other data to improve its products and services, to create and publish reports, to conduct statistical analysis about our customers and equipment, and for other activities that do not result in the disclosure of your identifiable information.

When Will HDD Broker Disclose Your Information, and Who May Receive It?

HDD Broker is committed to being transparent regarding the manner in which we use and disclose your information. We may disclose and share your information as follows:

  • We may share Personal Information and other data with our parent company and other affiliated companies, our suppliers, authorized dealers and distributors, and business partners, as needed to accomplish, and consistently with, the Purposes set forth above, or as you authorize or request.
  • We may also share Personal Information and other data with our service providers to fulfill the Purposes on our behalf. Our service providers are bound by law or contract to treat your information and data with the same level of protection that we do and to only use it in accordance with our instructions.
  • We may disclose Personal Information and other data where needed to effect the sale or transfer of business assets, to enforce our rights, protect our property, or protect the rights, property, or safety of others, or as needed to support external auditing, compliance, and corporate governance functions.
  • We will also disclose Personal Information and other data when required to do so by law, such as in response to a subpoena, including to law enforcement agencies and courts in the countries where we operate.

As noted above, HDD Broker reserves the right to use and disclose anonymized and aggregated Personal Information and other data to improve its products and services, to create and publish reports, to conduct statistical analysis about our customers and equipment, and for other activities that do not result in the disclosure of your identifiable information.

How Long Will HDD Broker Keep your Information?

HDD Broker keeps different kinds of personal data for different lengths of time, depending on the Purposes for which they are processed and the unique circumstances of your situation. HDD Broker will hold your Personal Information as long as necessary for the relevant Purpose. For more information on HDD Broker’s data retention practices contact us at privacy@hddbroker.lu.

Website Data Collection, Cookies, and Similar Technology

When you visit our website or use our mobile applications, we collect certain information by automated means, using technologies such as cookies, pixel tags, browser analysis tools, server logs and web beacons.

For example, when you visit our website, we place cookies on your computer. Cookies are small text files that websites send to your computer or other internet-connected devices to uniquely identify your browser or to store information or settings in your browser. Cookies allow us to recognize you when you return. They also help us provide a customized experience and enable us to detect certain kinds of fraud. We may also use Adobe Flash Cookies, Microsoft Silverlight, and similar technologies which remember your settings, preferences, and usage in a manner similar to browser cookies to personalize and enhance your online experience, but which are not managed through your browser. To manage your Flash and Silverlight cookies, please see Adobe’s and Microsoft’s websites.

Pixel tags and web beacons are tiny graphic images placed on website pages or in our emails that allow us to determine whether you have performed a specific action. When you access these pages or open or click an email, the pixel tags and web beacons generate a notice of that action. These tools allow us to measure responses to our communications and improve our web pages and promotions.

We collect many different types of information from cookies and other technologies. For example, we may collect information about the device you use to access our website, your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone where your device is located. Our server logs also may record the IP address or derivative of the device you use to connect to the internet. An IP address is a unique identifier that devices use to identify and communicate with each other on the internet. We may also collect information about the website you were visiting before you came to HDD Broker and the website you visit after you leave our site.

In many cases, the information we collect using cookies and other tools is only used in a non-identifiable way, without reference to Personal Information. For example, we use information we collect about website users to optimize our websites and to understand website traffic patterns. In some cases, we do associate the information we collect using cookies and other technology with your Personal Information. Additionally, if the settings on your geo-aware mobile devices permit our mobile applications to collect location information, we will collect that information automatically. This Privacy Policy governs how we use all of this information when we associate it with your Personal Information.

HDD Broker has relationships with third-party advertising companies to perform tracking and reporting functions for our web processing. These third-party advertising companies may place cookies on your computer so they can display targeted advertisements to you. These third-party advertising companies should not collect Personal Information in this process, and we do not give Personal Information to them as part of this process.

Your Choices and Data Control

You can limit the information you provide to HDD Broker. You can also limit the communications that HDD Broker sends to you. To opt-out of marketing emails, please contact us at privacy@hddbroker.lu and indicate that you would like to opt-out of marketing communications from HDD Broker. Alternatively, you may opt-out of receiving future marketing emails by clicking "unsubscribe" at the bottom of marketing emails we send you.

Please note that even if you opt-out of receiving marketing material, we may still need to contact you with important Transactional Information about your account or your equipment. For example, even if you opt-out of marketing emails, we will still send you a confirmation when you purchase something from us.

You can manage cookie preferences and opt-out of having cookies and other similar collection technologies used by adjusting the settings on your browser or interface, commonly known as "Do Not Track" settings. All browsers and interfaces are different, so visit the "help" section of your browser or interface to learn about cookie preferences and other privacy settings that may be available. You can manage how your mobile device and mobile browser share location information with HDD Broker, as well as how your mobile browser handles cookies and related technologies by adjusting your mobile device privacy and security settings. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings. In general, HDD Broker complies and requests that all of its service providers comply with your "Do Not Track" settings you select using your internet browser(s).

HDD Broker complies with applicable law regarding your ability to access, correct, and delete your Personal Information. If you have an online account, you may be able to log into your account to access and update certain information you provided to us. For Personal Information that is not linked to an online account, for assisting in opting-out of communications, or if you need assistance updating or deleting your Personal Information, please contact us via email at privacy@hddbroker.lu. You can also write us at the address in the How to Contact Us section below. If you send us a letter, please provide your name, address, email address, and detailed information about the change you would like to make.

Please be aware that you are responsible for all actions taken with your MyBroker User ID and Password. Therefore, we do not recommend that you disclose this information to any third parties. If you choose to share your User ID and/or Password or your Personal Information with third parties, you are responsible for all actions taken with your account. As such, you should review that third party’s privacy policy. If you lose control of your Password, you may lose substantial control over your Personal Information and may be subject to legally binding actions taken on your behalf. Therefore, if your Password has been compromised for any reason, you should immediately change your Password. Instructions for changing your Password are detailed in the HELP section.

In addition to the ability to change your Password, as described above, we offer you the ability to review and change the information you submit to us, including your User ID, e-mail address, contact information, financial information, shipping information, and user preferences, by contacting us via e-mail at privacy@hddbroker.lu or by calling us. You must promptly update your personal information if it changes or is inaccurate.

Upon your request, we will deactivate your account and erase your contact information, billing information, shipping information, and financial information from our active databases. To make this request, send an e-mail to privacy@hddbroker.lu. Your account will be deactivated and other information will be removed as soon as reasonably possible based on your account activity.

For EU Residents:

The General Data Protection Regulation ("GDPR"), particularly Articles 15 to 21, affords you a number of rights as a data subject. HDD Broker encourages you to read and learn about those rights on your own. However, the following will help you to begin to understand those rights.

  1. The Right to Access: This allows you to request from HDD Broker information about your Personal Information, including what data HDD Broker has and how and why it is being processed.
  2. The Right to Rectification: In the event that some or all of the Personal Information that HDD Broker has concerning you is inaccurate, this gives you the right to have those inaccuracies rectified.
  3. The Right to Erasure: In some cases, you may have the right to request that HDD Broker erase your Personal Information that it has in its possession.
  4. The Right to Restriction of Processing: This gives you the right, in some circumstances, to have HDD Broker process your Personal Information only with your consent.
  5. The Right to Object to Processing: Where HDD Broker is processing your Personal Information on the grounds of its legitimate interests, or to carry out tasks in the public interest or to exercise official authority, you have a right to object to the processing on grounds relating to your particular situation. In cases where you object to HDD Broker’s processing of your personal data for direct marketing purposes, the processing will cease.
  6. The Right to Data Portability: This allows you to request from HDD Broker a copy of your Personal Information that it has on file and to transfer that information to someone else without any interference from HDD Broker. In some cases, you may be able to request that HDD Broker transfer your Personal Information directly to a third party on your behalf.

In addition, to the extent that HDD Broker processes any of your Personal Information on the basis of your consent, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing that was based on your consent before its withdrawal.

If you are a natural person residing in the EU and at any time you believe HDD Broker has violated one of your rights listed above, or if you believe HDD Broker is in violation of one or more of the provisions of the GDPR, you have the right to lodge a complaint with a Data Protection Authority. More information about the Data Protection Authorities can be found at https://ec.europa.eu/info/law/law-topic/data-protection/reform/what-are-data-protection-authorities-dpas_en?.

Information and Data Security

HDD Broker has implemented an information and data security program that contains administrative, technical and physical controls that are designed to reasonably safeguard Personal Information and other data.

Transfer of Information, Transfers to Other Countries

HDD Broker is headquartered in Canada. Its parent company is headquartered in the United States of America, and their controlled affiliates are located in various countries throughout the world. Personal Information and other data may be accessed by or transferred to Canada, to the United States, or to other locations for the Purposes described in this Privacy Policy. When we access or transfer Personal Information or other data, we do so in compliance with applicable law. Additionally, we protect the privacy and security of Personal Information and other data in the manner described in this Privacy Policy, regardless of where it is processed or stored.

Privacy Policies of Third Parties

This Privacy Policy only addresses the collection, use, and disclosure of information and data by HDD Broker and its affiliates. Other websites that may be accessible through this website have their own privacy policies and practices, which govern their use of information that they collect or otherwise obtain from you. We encourage you to familiarize yourself with the privacy statements provided by all such third parties prior to providing them with information or taking advantage of an offer or promotion.

Children’s Privacy

HDD Broker does not intend to collect Personal Information from children aged 18 and under on our website. If you believe that your child is using our website, please contact us at privacy@hddbroker.lu so we can investigate and delete any inappropriate information.

Disclosure of Ownership and Information Sharing

HDD Broker, Inc. is wholly owned by its parent company, Vermeer Corporation ("Vermeer"). Vermeer's headquarters are located in the United States of America at 1210 Vermeer Road East, Pella, Iowa 50219. HDD Broker and Vermeer jointly control certain data and share information with one another, which may include Personal Information. This information-sharing arrangement is carried out for, and consistently with, the Purposes set out above. In addition, HDD Broker and Vermeer have agreed to cooperate with one another in the event of a breach of personal data in order to mitigate the risk posed to data subjects, as well as in order to carry out requests concerning the exercise of data subject rights, described above. For more information about Vermeer's data privacy practices, please consult Vermeer's Privacy Policy, available at https://www.vermeer.com/EM/en/N/privacy. Alternatively, you may contact Vermeer's Senior Data Strategy Manager by sending an e-mail to privacy@vermeer.com.

Forums and Plug-Ins to Social Media and Other Third-Party Services

Our website may contain forums, bulletin boards, and other areas where you can publicly post product reviews, communicate with others, and submit media content. You have no privacy rights in any public postings. All information you post will be accessible to anyone with internet access, and any Personal Information that you include in your posting may be read, collected, and used by others. For example, if you post your email address along with a product review, you may receive unsolicited messages. Use caution and good judgment when posting any Personal Information.

Except as otherwise expressly described in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, including without limitation bidders, buyers, or sellers on our site or on other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. Since HDD Broker does not control the privacy policies of third parties, you are subject to the privacy policies of those third parties. We encourage you to familiarize yourself with those privacy policies before you disclose your Personal Information to others.

In addition, HDD Broker’s websites may also contain links, plug-ins, APIs, and other tools that enable you to share content on our website or your own content through third-party social media or other services (such a Facebook, Twitter, Google+, and other services). All use of such third-party services, including through links found on our website, shall be considered public information and shall be subject to the terms and conditions of such third-party services.

Finally, HDD Broker websites and software products may incorporate certain mapping software and documentation developed by Google, Inc. and licensed to HDD Broker or its affiliates. Customer acknowledges and agrees that its use of such mapping software and documentation is subject to Google’s Privacy Policy, which can be found at http://www.google.com/policies/privacy.

Amendments and Changes

This Privacy Policy may be amended and updated from time to time to reflect new or different privacy practices. We will place notice on our homepage when we make material changes to this Privacy Policy. Additionally, if the changes will materially affect the way we use or disclose previously collected Personal Information, we may also notify you about the change by sending an electronic notice to you (if we have your email address).

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us using the information below.

How to Contact Us

If you have questions or comments about this Privacy Policy or any of our privacy practices, please contact us at privacy@hddbroker.lu or write to us at:

HDD Broker, Inc.
Attn: Data Privacy
110-3212 Jacklin Rd
Victoria, BC V9B 0J5
Canada

Last Updated: June 25, 2018