Cookies are small text files which are stored on a device’s hard drive and which contain certain information and sometimes personal data. Social media plugins are small pieces of software developed and provided by social media service providers, which add social media integration when built into the Website.
If you want general information about how we process your personal data other than through cookies and social media plugins, including in relation to your communication with us via e-mail, phone, fax and social media and in relation to any order or purchase, please see our General Data Protection Policy.
1.1. The data controller of the processing of your personal data via cookies and social media plugins on the Website is ELM Bouwmachines B.V. with registered office at Transportweg 10, 2742RH, Waddinxveen, Netherlands, (hereinafter: “ELM”, “we”, “us”, “our”). You can contact us via e-mail at firstname.lastname@example.org
2.1. You can avoid cookies being placed by configuring your browser settings as such. Guidelines about how to do this can be found here:
However, not allowing cookies when visiting the Website may cause certain or all features of the Website to stop working properly.
2.2. When you visit the Website, ELM places a number of cookies. Most data pertaining to these cookies, their placement and use allow to identify you, and ELM uses them to gain insight in how you and other visitors use the Website by gathering statistical and usage data, enabling ELM to provide a better user experience on the Website
Purposes for which ELM uses your personal data
3.1. ELM processes your personal data to perform statistical analyses so that we may improve our Website, advertisement, products and services or to develop new products and services.
3.3. Your personal data may be transferred to the police or the judicial authorities as evidence or if there are justified suspicions of an unlawful act or crime committed by you through your use of any of the Website.
Legal basis for processing your personal data
4.1. The processing of your personal data for the purposes outlined in Article 3 above is based on a legal obligation that ELM must comply with or the legitimate interest of ELM or a third party.
4.2. When processing of your personal data is necessary for purposes of our legitimate interests, these purposes include:
• Continuous improvements of the ELM Website, social media channels, products and services to ensure that you have the best experience possible;
• Keeping our Website, social media channels, products and services safe from misuse and illegal activity;
• Marketing and promotion of our products, services, brands and overall successful commercialisation of our products and services.
To whom ELM sends your data
5.1. ELM relies on third-party processors to provide you our Websites and process your personal data on our behalf. These third-party processors are only allowed to process your personal data on behalf of ELM upon explicit written instruction of ELM.
ELM warrants that all third-party processors are selected with due care and are obliged to observe the safety and integrity of your personal data.
5.3. ELM does not send your personal data in an identifiable manner to any third party without your explicit permission to do so. However, ELM may send anonymised data to other organisations that may use those data for improving products and services as well as to tailor the marketing, displaying and selling of those goods and services.
Location and transfer
6.1. ELM processes your personal data within the European Economic Area (EEA). However, in order to process your personal data for the purposes outlined in Article 3 above, we may also transfer your personal data to other entities within the ELM Group or to third parties who process on our behalf outside the EEA. Each entity outside the EEA that processes your personal data will be bound to observe adequate safeguards with regard to the processing of your personal data. Such safeguards will be the consequence of:
• The recipient country having legislation in place which may be considered equivalent to the protection offered within the EEA; or
• A contractual arrangement between ELM and that entity. All ELM entities are parties to a contractual agreement based on the European Commission’s Standard Contractual Clauses (controller-to-controller) (Commission Decision C(2004)5721).
6.2. ELM may transfer aggregated data to organisations outside the EEA. Should such transfer take place, ELM will ensure that there are safeguards in place to ensure the safety and integrity of your data and all rights with respect to your personal data you might enjoy under applicable mandatory law.
7.1. ELM does its utmost best to process only those personal data which are necessary to achieve the purposes listed under Article 3 above.
7.2. Your personal data is only processed for as long as needed to achieve the purposes listed under Article 3 above or up until such time where you object to the processing of your personal data on grounds that relate to your particular situation. This may imply that you can no longer use the whole or part of our Website. ELM will de-identify your personal data when they are no longer necessary for the purposes outlined in Article 3 above, unless there is:
• An overriding interest of ELM, or any other third party, in keeping our personal data identifiable;
• A legal or regulatory obligation or a judicial or administrative order that prevents ELM from de-identifying them.
7.3. ELM will take appropriate technical and organisational measures to keep your personal data safe from unauthorised access or theft as well as accidental loss, tampering or destruction. Access by personnel of ELM or its third party processors will only be on a need-to-know basis and be subject to strict confidentiality obligations.
8.1. You have the right to request access to all personal data processed by ELM pertaining to you. ELM reserves the right to charge an administrative fee for multiple subsequent requests for access that are clearly submitted for causing nuisance or harm to ELM. Each request will specify for which processing activity you wish to exercise your right to access and will specify to which data categories you wish to gain access to.
8.2. You have the right to ask that any personal data pertaining to you that are inaccurate, are corrected free of charge. If you submit a request for correction, your request needs to be accompanied of proof of the flawed nature of the data for which correction is asked.
8.3. You have the right to request that personal data pertaining to you be deleted if this data is no longer required in the light of the purposes outlined in Article 3 above or if you successfully object to the processing of your personal data on grounds that relate to your particular situation. However, you need to keep in mind that a request for deletion will be evaluated by ELM against:
• Overriding interests of ELM or any other third party;
• Legal or regulatory obligations or administrative or judicial orders which may contradict such deletion.
Instead of deletion you can also ask that ELM limits the processing of your personal data if (a) you contest the accuracy of the data, (b) the processing is illegitimate, or (c) the data is no longer needed for the purposes listed under Article 3 above.
8.4. You have the right to oppose the processing of personal data if you are able to prove that there are serious and justified reasons connected with this particular circumstances that warrant such opposition. However, if the intended processing qualifies as direct marketing, you have the right to oppose such processing free of charge and without justification.
8.5. You have the right to receive from us in a structured, commonly-used and machine-readable format all personal data you have provided to us.
8.6. If you wish to submit a request to exercise one or more of the rights listed above, you can send an e-mail to the general privacy e-mail address: privacy@ELM.com. A request to exercise a right will not be construed as consent with the processing of your personal data beyond what is required for handling your request. Such request should clearly state which right you wish to exercise and the reasons for it if such is required. It should also be dated and signed, and accompanied by a digitally scanned copy of your valid identity card proving your identity. If you use the contact form, ELM may ask you for your signed confirmation and proof of identity.
ELM will promptly inform you of having received this request. If the request proves valid, ELM shall honour it as soon as reasonably possible and at the latest thirty (30) days after having received the request.
If you have any complaint regarding the processing of your personal data by ELM, please feel free to contact ELM via the general privacy e-mail address mentioned above. You also have the right to file a complaint with the competent data protection authority.