Privacy Notice

This privacy notice was last updated on April 15, 2020, and applies to citizens of Canada, the United States, the United Kingdom, and the European Union. Information relating to the rights of citizens of specific countries, territories, or states can be found below.

For purposes of this Privacy Notice, unless otherwise stated, the term “Valiant TMS” (or “We” or” Our”) means the Valiant Corporation and any of its subsidiaries, parents, or affiliates. In this privacy notice, we explain what we do with the data we obtain about you via https://www.valianttms.com and from other sources. We recommend that you carefully read this notice. We are obligated to comply with the requirements of certain applicable privacy legislation, including but not necessarily limited to the European General Data Protection Regulation (“GDPR”), the United Kingdom Data Privacy Act of 2018 (“UK DPA”) and the California Consumer Privacy Act (“CCPA”). That means, among other things, that:

  • we clearly state the purposes for which we process personal data, which we do by means of this privacy notice;
  • we aim to limit our collection of personal data to only the personal data required for legitimate purposes;
  • we first request your explicit consent to process your personal data in cases requiring such consent;
  • we take appropriate security measures to protect your personal data and also require this from parties that process personal data on our behalf;
  • we respect your right to access your personal data or have it corrected or deleted, at your request.

If you have any questions, or want to know exactly what data we keep of you, please contact us. Contact information for specific jurisdictions is below. If you are from a jurisdiction that is not listed, please contact us at 519-974-5200 or info@valiantmachine.com.

1. Purpose and categories of data collection

Valiant TMS processes personal data of staff members, partners, customers, and suppliers to run its usual course of business and to meet all related statutory and contractual requirements. Customer Data Processing Valiant TMS collects and processes personal data provided by interested parties and customers to prepare offers and execute orders, as well as to meet all related contractual and legal obligations. When necessary to meet legal obligations, data may be provided to authorities and public centers. The following categories of personal information may be collected through phone, mail, email and/or web forms:

  • First and Last Name
  • Address
  • Email Address
  • Telephone Number

We process this data based on your consent, and we retain it until it is no longer needed for a legitimate business purpose or until you ask us to delete it. We will not process this information for any purpose that is materially different from what is disclosed here without your explicit consent.

Candidate Data Processing

Contact data and job candidate documentation provided during recruitment is processed electronically to select appropriate candidates for employment, and such data is stored for at least a period of 6 months and will be retained in an employee’s personnel file as permitted or required by applicable laws. In the case of rejection, recruitment documents are maintained as evidence, if approved by the affected individual.

Website Visitor Data

Processing for purposes of compiling and analyzing statistics for website improvement, we collect the following data:

  • Internet activity information, including, the type of browser being used, the type of operating system used, which page was visited, your IP Address, the time at which the page was accessed, browsing history, search history, and information regarding your interaction with our website.

We process this data based on your consent, and we retain it until it is no longer needed for a legitimate business purpose or until you ask us to delete it. We will not process this information for any purpose that is materially different from what is disclosed here without your explicit consent. Our website uses the website features of the web analytics service Google Analytics (Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA, Tel: +1 650 253 0000, email: support@google.com). If you are located outside of the United States, your data is transferred to a third-party country. For processing this data, cookies are used that allow an analysis of the use of the website by users. You can prevent this by setting up your browser so that no cookies are stored. We have a corresponding data processing contract with Google Analytics. Your IP address is captured but immediately pseudonymized. As a result, only a rough localization is possible. The business connection with the web analytics provider is based on adequacy decision of the European Commission. Based on legal regulations of § 96 Abs 3 TKG (telecommunications act) as well as the article 6 paragraph 1 a (consent) and / or b (legitimate interest) of the GDPR. Our concern in the sense of the GDPR (i.e., our legitimate interest) is the improvement of our offerings and our website. Because the privacy of our users is important to us, the user data is pseudonymized. This user data is kept for a period of 26 months.

2. Sharing with other parties

We do not share your data with third parties except as disclosed herein.

We do note sell your data to third parties. We do, however, disclose personal information if we are required to do so by law or by a court order, in response to a law enforcement agency, to the extent permitted under other provisions of law, or to provide information for an investigation on a matter related to public safety.

3. How we respond to Do Not Track signals

Our website responds to and supports the Do Not Track (DNT) header request field. If you turn DNT on in your browser, those preferences are communicated to us in the HTTP request header, and we will not track your browsing behavior.

4. Cookies

Our website uses cookies. For more information about cookies, please refer to our Cookie Statement on our Cookie Policy webpage. Please note that our cookie policies may vary by jurisdiction, so please be sure to visit the page appropriate for your location. All of our cookie policies are available here. For purposes of website analytics, as noted above, we have a data processing agreement with Google. Google may not use your data for any other Google services.

5. Security and Confidentiality

We are committed to the security of personal data. Protection of data confidentiality, availability, and integrity are important to Valiant. This applies to the same extent for company secrets, customer data, personal data, and to other critically important information. Reasonable technical and organizational safety measures have been implemented for this purpose, according to the current technological state of the art and internationally recognized best practices, as well as according to safety standards. We take appropriate security measures to limit abuse of and unauthorized access to personal data so that only the necessary persons have access to your data. Our security measures are regularly reviewed. All access to your data is protected, at a minimum, via encrypted transmission of the same and through limited account-level access for administration of our system and services. Valiant staff will maintain confidentiality of personal data and are regularly trained in the field of safe handling of personal data and of other critical data.

6. Third party websites

This Privacy Notice does not apply to third party websites connected by links on our website. We cannot guarantee that these third parties handle your personal data in a reliable or secure manner. We recommend you read the privacy notices on these websites before using these websites.

7. Amendments to this privacy notice

We reserve the right to amend this privacy notice. You should consult this privacy notice regularly to be aware of any changes. Further, where necessary, we will advise you of changes to this privacy notice on our website home page or via email.

8. Children

Our website is not designed to attract children and it is not our intent to collect personal data from children under the age of consent in their country or state of residence. We therefore request that children under the age of consent do not submit any personal data to us.

 

Territorial Rights

Canada:

The following apply to those protected by the privacy laws of the nation of Canada:

Your Rights

Because we only process business contact information that is collected for the sole purpose of communication with you related to your use of our services in a professional setting, the information we collect is not governed by the Canadian Personal Information Protection and Electronic Documents Act (“PIPEDA”). Nevertheless, while we are not obligated to follow the guidelines of PIPEDA, your privacy is important to us. Thus:

  1. You may submit a request for access to the data we process about you.
  2. You may request an overview, in a commonly used format, of the data we process about you.
  3. You may request correction or deletion of the data if it is incorrect, not relevant, or no longer relevant. Where appropriate, we may transmit the amended information to third parties having access to the information in question.
  4. You may request that we no longer process any information about you.

We will give access to personal information in an alternative format to an individual with a sensory disability and who requests that it be transmitted in the alternative format if (a) a version of the information already exists in that format; or (b) its conversion into that format is reasonable.

Accessing and modifying your data

If you have any questions or want to know what personal data we have about you, please contact us. Please make sure to always clearly state who you are so that we can be certain that we do not modify or delete any data of the wrong person. We will provide you with the requested information only on receipt of a verifiable consumer request. You can contact us by using the information below.

Contact details – Canada

Valiant TMS 6555 Hawthorne Drive N8T 3G6 Windsor Canada

We have appointed a contact person for the organization’s policies and practices and to whom complaints or inquiries can be forwarded: Mika Gruevski, Global Director of Information Technology, 6555 Hawthorne Drive, Windsor, Ontario, Canada N8T 3G6

European Union and United Kingdom:

The following apply to those protected by the European Union General Data Protection Regulation (GDPR) and the United Kingdom Data Privacy Act of 2018 (UK DPA):

Your Rights

If you have any questions or want to know what personal data we have about you, please contact us. You can contact us by using the information below. You have the following rights:

  1. Right to know: Affected individuals may always request information stating which of their personal data is processed, for what purposes, and for how long it will be retained.
  2. Right of access: you have the right to access your personal data that is known to us.
  3. Right to rectification: you have the right to supplement, correct, have deleted, or have blocked your personal data whenever you wish. You have the right to request that we limit data processing if correctness of your personal data is violated, if such processing violates the law, if data are no longer required for processing or if you object to the processing.
  4. Right to deletion: You have the right to demand that your personal data be deleted immediately (1) if a legal basis for data processing is missing or no longer applies, or (2) if objection against data processing is raised, data processing is illegal, and no statutory storage period prevents such data deletion.
  5. Right to transfer your data: You have the right to request that we provide your personal data in a structured, commonly used and machine-readable format. You have the right to transfer such data to another responsible person as long as it is technically feasible. Transferability applies only to personal data processed using automated methods.
  6. Right to object: you may object to the processing of your data. We will comply with any such objection, unless there are justified grounds for processing.

Data security has a very high value in relation to the rights of an affected individual. Thus, execution of your rights is possible only after we can clearly and positively identify you at or after the time of your request.

Data Protection Specialist

Valiant should not be indicated if a data protection administrator is required, as Article 37, paragraph 1 of the EU-GDPR does not apply. According to the importance of data protection, Valiant has designated a data protection coordinator. This person shall be available to affected individuals and to data protection authorities as a contact person and shall take care for personal data topics within the company group. Contact information is available below.

Data Transfer

Transfer of personal data to recipients outside the company group and to recipients in other EU countries will only take place in conformity with the effective law and according to a legal basis, as well as with observance of the highest level of confidentiality and data security. Within conventional processing, personal data is exchanged between Valiant’s corporate entities. This exchange is regulated by regulations and Binding Corporate Rules and provides a uniform standard of data protection and processing according to the law. Valiant uses various contractual data processors during data processing. All such processors are contractually obliged upon signing a processing contract to observe all legally binding regulations related to data protection.

European Union Specific

Submitting a complaint If you are not satisfied with the way in which we handle the processing of your data, please let us know. If you are not satisfied with the way in which we handle a complaint about the processing of your data, you have the right to submit a complaint to the Data Protection Authority in your country.

Contact details – European Union

Valiant TMS 6555 Hawthorne Drive N8T 3G6 Windsor Canada

We have appointed a representative within the EU. If you have any questions or requests with respect to this privacy statement or for our representative, you may contact Oliver Haak-Combrink, via gdpr-VTGER-dataprotection@tms-at.com or by telephone on +49 (0) 221-8888-93-0. Contacts for data processing in individual EU locations can be found here.

United Kingdom Specific

Submitting a complaint If you are not satisfied with the way in which we handle the processing of your data, please let us know. If you are not satisfied with the way in which we handle a complaint about the processing of your data, you have the right to submit a complaint to the Information Commissioner’s Office at: Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF

Contact details – United Kingdom

Valiant TMS 6555 Hawthorne Drive N8T 3G6 Windsor Canada

  • Website: https://www.valianttms.com
  • Email: info@valiantmachine.com
  • Phone number: 519-974-5200

Reporting Misconduct

Responsible for the processing of personal data in the course of the whistleblowing system ‘EQS Integrity Line’ is the
TMS Turnkey Manufacturing Solutions GmbH
Gaisbergerstrasse 50, A-4031 Linz, Austria
+43 (0) 732-6593-0

The company’s data protection officer can be reached at dsba@vace.at.
The technical implementation of the EQS Integrity Line is carried out on our behalf by EQS Group AG (“EQS”).

In principle, it is possible to use the EQS Integrity Line without providing personal data. However, you can voluntarily disclose personal data as part of the whistleblowing process.

The EQS Integrity Line enables you to contact us and report indications of compliance and legal violations. We process your personal data to review the report you make through the EQS Integrity Line and investigate the alleged compliance and legal violations. Inquiries to you happen through the EQS Integrity Line. Confidentiality is our first priority.

We process your personal data insofar as this is necessary for the fulfillment of legal obligations (Art. 6 para. 1 lit. c DSGVO). In particular, the Federal Act on the Procedure and Protection in the Event of Information on Violations of the Law in Certain Areas of Law (Whistleblower Protection Act – HSchG) of Austria must be fulfilled.

Beyond the scope of application of the aforementioned HSchG, the processing of your personal data takes place insofar as this is necessary to protect the legitimate interests of the company or a third party (Art. 6 para. 1 lit. f DSGVO). We have a legitimate interest in processing the personal data for the prevention and detection of violations within the company, to check the legality of internal processes and to maintain the integrity of the company.

If you voluntarily disclose special categories of personal data to us, we process them on the basis of your express consent (Art. 9 (2) a DSGVO). You have the right to revoke your declaration of consent at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation. In addition, we use your personal data in pseudonymized form for statistical purposes (various evaluations, reporting) and for quality control (Art. 6 para. 1 lit. f DSGVO).

VACE Systemtechnik GmbH, Lunzerstraße 64 | BG 63, A-4030 Linz, Austria is our business consultant specializing in compliance and processes the submitted reports in terms of content. A transfer of your personal data to the extent described above occurs for the technical implementation to EQS – which is the manufacturer and operator of the Integrityline software.

We store personal data only as long as it is necessary for the processing of your notice or we have a legitimate interest in storing your personal data – legal retention obligations also come into question. Subsequently, all personal data will be deleted or anonymized. The storage period depends on the individual case, since, for example, statutes of limitations vary widely.

This abbreviated presentation is for your information before you click on the link to the EQS Integrity Line. If you click on the link, you will be redirected to the pages of the provider EQS. In this case, technically necessary cookies, such as for language settings, may be set. Please read the detailed privacy policy on our EQS Integrity Line website afterwards.

Finally, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement, if you believe that the processing of personal data concerning you violates the GDPR. In Austria, this is the Austrian Data Protection Authority, Barichgasse 40-42, 1030 Vienna, +43 1 52 152-0, dsb@dsb.gv.at

 

California:

The following apply to residents of the state of California and all those protected by the California Consumer Privacy Act (“CCPA”) and its associated regulations:

Your Rights

If you have any questions or want to know which personal data we have about you, please contact us. Please make sure to always clearly state who you are so that we can be certain that we do not modify or delete any data of the wrong person. We will provide the requested information only on receipt of a verifiable consumer request. You can contact us by using the information below. You have the following rights:

  1. The right to know what personal information is being collected about you. You have the right to request that we disclose to you the following:
    1. The categories of personal information we collect about you.
    2. The categories of sources from which we collect your personal information.
    3. The business or commercial purpose for which we collect or sell personal information.
    4. The categories of third parties with whom we share personal information.
    5. The specific pieces of personal information we have collected about you.
  2. The right to know whether personal information is sold or disclosed and to whom. You have the right to request that we disclose to you the following:
    1. The categories of personal information we collect about you.
    2. The categories of personal information we have sold about you and the categories of third parties to whom the personal information was sold. As noted above, though, we do not sell your personal information.
    3. The categories of personal information that we have disclosed about you for a business purpose.
  3. The Right to equal service and price, even if you exercise your privacy rights. We shall not discriminate against you if you exercise any of your privacy rights, including, but not limited to, by:
    1. Denying you goods or services.
    2. Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties.
      Providing a different level or quality of goods or services to you.
    3. Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services. However, nothing prohibits us from charging any consumer a different price or rate, or from providing a different level or quality of goods or services to such a consumer, if that difference is reasonably related to the value provided by the consumer’s data.
  4. The right to delete any personal information. You have the right to request that we delete any personal information about you that we have collected from you.If we receive a verifiable request from you to delete your personal information, we will delete your personal information from our records and direct any service providers to delete your personal information from their records.Please note, though, that neither we nor our service providers are required to comply with your request to delete personal information if it is necessary for us to maintain your personal information to:
    1. Complete the transaction for which the personal information was collected, provide a good or service requested by you (or is reasonably anticipated within the context of our ongoing business relationship with you), or to otherwise perform a contract that we have with you.
    2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
    3. Debug to identify and repair errors that impair existing intended functionality.
    4. Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
    5. Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
    6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the our deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
    7. To enable solely internal uses that are reasonably aligned with the your expectations based on your relationship with us.
    8. Comply with a legal obligation.
    9. Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Selling and disclosure of personal data to third parties

We have not sold any consumers’ personal data in the preceding 12 months. We have disclosed the following categories of information for a business purpose in the preceding 12 months:

  • Internet activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, including at least your name and either your email address or your telephone number.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create any sort of account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. If you request that we delete your information or that we provide you with specific information, we may require additional verification of your identity.

Response Timing and Format

Within 10 business days of your request, we will confirm receipt of your request and provide you with information about how we will process your request, including our verification process and when you can expect a complete response to your request. In any case, we will attempt to respond to a verifiable consumer request within 45 calendar days of receipt. If we require more time (up to 90 calendar days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the date of the request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Contact details – United States

Valiant TMS 6555 Hawthorne Drive N8T 3G6 Windsor Canada

Contact Us
Corporate Office

6555 Hawthorne Drive
Windsor, Ontario, Canada N8T 3G6
Phone +1 519 974 5200

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