Privacy Policy

Clark Material Handling Company

Effective December 1, 2020

Welcome to the website of CLARK Material Handling Company (“CLARK”) also referred to herein as “we,” “us” and “our”). We at CLARK are pleased that you are visiting our website and that you are interested in our company and our products. We take the protection of your data seriously and want you to feel comfortable when visiting our website.

This policy (“Privacy Policy,”) addresses how we collect personal information, the choices you have regarding our collection, use, sharing of information, the protection of your information, and your rights to know what is collected, to opt out of certain collection, and to see, modify, or delete your personal information that we collected.

“Personal information” is any information about a consumer (a natural person, not a business) that can reasonably identify or relates to a particular consumer, household, or computer or mobile device. Information that is available publicly from government records and de-identified or aggregated consumer information is not considered personal information and is outside the scope of this Privacy Policy. Business information is generally not considered personal information, but in some instances business information may contain personal information. This is more likely in the case of a sole proprietor or other small business.

This Privacy Policy applies to personal information collected by us online through our websites (including www.clarkmhc.com, www.totalift.com. CLARK Dealer Portal (http://clark.force.com), CLARK Intranet (http://service.clarkmhc.com), http://dealer.clarkmhc.com)

collectively referred to as the “Site”, through telephone calls, correspondence, emails, and other means of communication.

CLARK is an international brand. Our Site contain links to the other CLARK branded websites operated by our affiliates or others in different countries to which this Privacy Policy does not apply. Information collected through CLARK websites will be governed by the law and policies of the applicable region and website. You may find privacy and data protection policies for CLARK websites in other regions below.

Europe

Australia

Korea

CLARK Dealers

If you have questions about this Privacy Policy or our privacy practices, please contact us. Further instructions for contacting us about your personal information is below.

INFORMATION WE COLLECT

We collect information that you provide to us directly, information collected indirectly through use of our Site, including Cookies and Pixel Tags, and information from certain third party sources.

Information Provided Directly. We collect personal information that you provide to us directly when you visit the Site, communicate with us in writing (whether by mail, email, text, or other electronic or written communication), or talk to us by phone or in person, or when you make requests of us (e.g. filling out a form, requesting to schedule maintenance or a delivery), or when you purchase products, or participate in our promotional activities (such as rebates or contests).

Information Collected Automatically or Indirectly.

We collect personal information that is automatically or indirectly collected from you, such as information collected from your browser or device or information from observing your actions on our Site.

Use of Cookies and Pixel TagsWe use cookies and/or pixel tags or other online tools to enhance and personalize your experience while using the Site. “Cookies” are small pieces of information that a website transfers to your computer’s hard drive for record-keeping purposes. Cookies facilitate web browsing by performing certain functions, such as saving passwords and personal preferences, in connection with your use of a particular website. You will have the opportunity to accept or decline our cookies. If you choose to decline our cookies, it may impact your use of the Site and its functionality. If you accept our cookies, you can view and delete them on your device through your browser at any time.

We may also use pixel tags (small graphic images) to identify what parts of the Site you have visited or to measure the effectiveness of any searches you may do on the Site. Pixel tags, if used, also allow us to send you email in a format you can read and inform us when you have opened an email message from us. Unlike cookies, pixel tags cannot be declined. However, pixel tags are used in connection with cookies. Setting your browser to decline cookies and limit use of pixel tags. We may also contract with other companies who use cookies, pixel tags, or other online tools to measure the performance of a marketing effort on our behalf. We prohibit these companies from using this information on their own behalf or from sharing this information with anyone other than CLARK.

Online Services and Web Browser Tools.

CLARK uses a number of online services provided by others to enhance web browsers’ experiences while using the websites and to help plan future website services and marketing offers. Specifically, we use Google Analytics to monitor traffic on our sites.

Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the data it collects to track and examine the use of the Site, to prepare reports on its activities and share them with other Google services. Google may use the data collected to contextualize and personalize the ads of its own advertising network. This data may include demographic and personal interests they discern from your internet behavior. We use the following Google Analytics Services – Google Analytics.

Read more about how Google uses data here

For further information on personal information collected by Google, visit Google Personal Data Collected: Cookie and Usage Data.

To Opt Out of Google collection of certain data, visit this link

Information Collected by Third Party Platforms. When you engage with our content on our Site through social media services or other third-party platforms, plug-ins, integrations or applications, you may allow us to have access to certain information in your profile. This may include your name, e-mail address, photo, gender, birthday, location, an ID associated with the applicable third-party platform or social media account user files, like photos and videos, your list of friends or connections, people you follow and/or who follow you, or your posts or “likes.” For a description on how social media services and other third-party platforms, plug-ins, integrations or applications handle your information, please refer to their respective privacy policies and terms of use, which may permit you to modify your privacy settings.

Publicly or Commercially Available Information. We may receive information about you from publicly and commercially available sources (as permitted by law), which we may combine with personal information we receive from or about you through other means discussed in this Privacy Policy.

Information Collected from Consumers in the Last 12 Months or shared in the last 12 months. Below is a list of categories of information that we have or have not collected from consumers within the last twelve (12) months and whether the category of information has been shared:

In the last 12 months, we obtained information from a variety of sources, including:

• Directly from you, including technical and usage information when you use our Site
• Social Media Sites, and third-party platforms, including Instagram, Twitter, Facebook, LinkedIn, and Google
• Information suppliers, such as Dun & Bradstreet (D&B)
• Dealers, Distributors and other vendors
• Magazines conducting reader surveys
• Other users submitting information about you, such as to invite you to participate in an offering, make recommendations, or share content
• Publicly available sources including zip code lookups and SIC lookups.

USE OF PERSONAL INFORMATION

We may process and use personal information collected about you for the following purposes:

• To evaluate and respond to your requests or inquiries.
• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry.
• To provide, administer and communicate with you about products, services, events, and surveys
• and promotions (including by sending you marketing communications
• To contact you in the event of a service notification for your registered product or to provide other notices concerning the safety of your product regardless of your stated privacy preferences.
• To confirm and process your order, provide you with updates regarding your order, process returns and contact you concerning your order.
• To create, administer and communicate with you about your account (including any purchases and payments). To enhance the safety of machine operations, including by tracking proximity to equipment, other objects or humans.
• T o allow you to participate in sweepstakes, contests or similar promotions and to administer these activities.  Some of these activities have additional rules, which could contain additional information about how we use and disclose your personal information.  We suggest that you read any such rules carefully.
• To verify your identity to ensure security for the other purposes listed here;
• To evaluate your interest in employment and contact you regarding possible employment.
• To operate, evaluate and improve our business (including developing new products and services; managing our communications; performing market research; determining and managing the effectiveness of our advertising and marketing; analyzing our products, services and websites; administering our websites; and performing accounting, auditing, billing, reconciliation and collection activities);
• For testing, research, analysis, and product development, including creating reports on statistical analysis and aggregating information about visitors to our Site to develop and improve our Site, products, and services
• To protect against and prevent fraud, unauthorized transactions, claims and other liabilities, and manage risk exposure and quality;
• To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• To make recommendations regarding safety, asset health, maintenance, worksite efficiency and productivity training for operators.
• To enhance the safety of machine operations, including by tracking proximity to equipment, other objects or humans.
• To additional recipients as agreed by you and us in any applicable agreement.

We also may use personal information for other additional purposes, which we identify at the time of collection. You may choose not to provide us with certain types of information, but doing so may affect your ability to use some features of the Site or participate in certain promotions or activities.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

We will provide you notice at the time of collection of information in the following circumstances:

• Online activities, such as by using cookies or other tracking methods that create individual profiles.
• Mobile or other internet-connected devices, such as collecting geolocation data from a phone or other device.
• Offline activities, such as collecting information on a paper form or by observing a consumer’s physical behavior.
• Telephone conversations.

Please note: CLARK reserves the right to contact you in the event of a safety or quality-related issue with your registered products regardless of your stated privacy preferences.

In the last 12 months, we have collected these categories of for the following purposes:

• Performing services on behalf of the business, such as customer service, processing or fulfilling orders, providing content recommendations, and processing payments
• Auditing customer transactions
• Fraud and crime prevention
• Debugging errors in systems
• Marketing and advertising
• Internal research, analytics and development – e.g., user-preference analytics
• Developing, maintaining, provisioning or upgrading networks, products, services, or devices.

INFORMATION WE SHARE

Business Purposes. We may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract.

Third Party Marketing. We do not share your personal information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure, typically by “opting in” to receive information from a third party that is participating in a sweepstakes or promotion on the Site. We do not share information with any third party (other than our service providers) on a continual or regular basis.

We may disclose or publish aggregated and analytical information (information about you and other users collectively that is not intended to specifically identify you) and other non-personal information about our users for industry analysis, demographic profiling, marketing, analytics, advertising, and other business purposes.

For information shared, or not shared, with third parties in the past 12 months, and the business purpose for any sharing, see above.

Sale or Merger of CLARK.We retain the right to transfer or assign all information pursuant to a merger, sale, reorganization, purchase or other transaction relating to the company, its affiliates or their assets. If the assignee or purchaser does not agree to abide by the terms of this Privacy Policy, we will make reasonable efforts to let you know of the business transition before transferring your personal information so that you will have an opportunity to exercise your rights under this Privacy Policy.

Sale of Information. We do not sell or rent personal information collected during your use of our Site or otherwise without your permission. In the preceding 12 months, we have not sold personal information for a business purpose to any of the categories of third parties indicated in the chart below.

DEALERS

Dealer Application. On our website we offer you the opportunity to join our team as a sales partner. We provide you with a dealer application under the link here , which must be filled out and returned to us. If a sales contract is concluded, the transmitted personal information will be stored for the purpose of processing in compliance with the statutory provisions. If no sales contract is concluded, the personal information transmitted with the dealer application will be deleted after notification of the decision, provided that no statutory retention requirements or other legitimate interests of the person responsible prevent the deletion.

Dealer Portal

We offer our dealers the option to register in a dealer portal If you would like to use our dealer portal, you must submit an access request by entering your contact and customer data (name, company, dealer number, telephone, email address and your message). When you register to use the dealer portal, we save the data mentioned above. Furthermore, we save the voluntary data you may have provided for the time you are using the portal, unless you delete them beforehand. You can delete your account for the dealer portal at any time by sending an email to help@clarkmhc.com. Your data stored in connection with the dealer portal will be deleted in this case.

JOB APPLICATIONS.

We process personal information from applicants for open positions at CLARK. for the purpose of handling the application process. The processing can also be done electronically. This is especially the case if an applicant sends the relevant application documents to us electronically, for example by email, or if postal applications are later recorded in our computer systems. The open vacancies can be found under the heading JOB OPPORTUNITIES on our website. If an employment contract is concluded with an applicant, the personal information transmitted will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the person responsible does not conclude an employment contract with the applicant, the application documents will be retained and deleted in accordance with applicable law.

RETENTION AND DESTRUCTION OF INFORMATION

We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. Personal information stored in the form of an electronic file is deleted using a technical method that cannot reproduce the record. Personal information printed on paper is destroyed by shredding.

SECURITY

Security Methods. We employ reasonable and current security methods to prevent unauthorized access, maintain data accuracy, and ensure correct use of information. We have put in place physical, electronic, and managerial procedures designed to help prevent unauthorized access, to maintain data security, and to use correctly the information we collect online or offline. These safeguards vary based on the sensitivity of the information that we collect and store.

Risk and Consequences of Collection, Use, and Disclosure of Personal Information.

While CLARK employs policies and procedures to attempt to mitigate the risk of any unauthorized use or disclosure of your information, there are still consequences associated with the collection, use, and disclosure of your information. CLARK wants to make sure that you understand the consequences of the collection of your information, and the residual risks that may exist even with the security procedures we utilize. We cannot assure you that information will never be disclosed, altered, or destroyed in a manner that is inconsistent with this Privacy Policy. One such consequence is the risk of meaningful harm that may arise. Significant harm includes financial loss, identity theft, negative effects on the credit record and damage to or loss of property.

HOW TO ACCESS, UPDATE, AND MANAGE YOUR INFORMATION

You can manage the information that we collect online and maintain by submitting a request to info@clarkmhc.com or by mailing it to us at Clark Material Handling Company, 700 Enterprise Drive, Lexington, KY 40510. Further details on specific requests are below.

Your Right to Inquire

If you have any questions or concerns about the online Privacy Policy for the Site or its implementation, you may contact us at info@clarkmhc.com or 700 Enterprise Drive, Lexington, Kentucky 40510. We may ask you to provide additional information for identity verification purposes, or to verify that you are in possession of an applicable email account.

Emails and Texts

If you have signed up to receive our e-mails and prefer not to receive marketing information from us, follow the “unsubscribe” instructions provided on any marketing e-mail you receive from us or any service acting on our behalf. If you have signed up to receive text messages from us and no longer wish to receive such messages, you may follow the instructions to stop the delivery of such messages, which may include by replying “STOP” to the received text message.

Your Privacy Rights to Request Disclosure of Information We Collect and Share about You

You have the right to request information about our practices related to the disclosure of your personal information by CLARK to certain third parties for their direct marketing purposes. CLARK only shares information for this purpose if you opt in. You may be able to opt-out of our sharing of your personal information with unaffiliated third parties for the third parties’ direct marketing purposes in certain circumstances. Please send your request (along with your full name, email address, postal address, and the subject line labeled “Your Privacy Rights”) by email at info@clarkmhc.com .

In addition, you have the right to request that we disclose certain information about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories and specific pieces of your information that we’ve collected
• The categories of sources from which we collected information.
• The business or commercial purposes for which we collected or sold information
• The categories of third parties with which we shared information.

You can submit a request to us for the following additional information:

• The categories of third parties to which we’ve sold information, and the category or categories of information sold to each
• The categories of information that we’ve shared with service providers who provide services for us

To exercise your rights with request to this information, either email info@clarkmhc.com , or contact us at 866-252-5275. These requests for disclosure are generally free.

Your Right to Request Correction or Deletion of Personal Information

You have the right to request that we correct or delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will correct or delete, as appropriate, (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• 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 information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

4. ExercisingYour Rights to Access, Data Portability, and Deletion

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

• Calling us at[866-252-5275]
• Emailing us atinfo@clarkmhc.com
• Visiting us athttp://www.clarkmhc.com

Only you, or someone legally authorized 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, which may include your name, address, or account 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 an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

We will endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 day), we will inform you of the reason and extension period in writing.

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.

Once we receive and process your request, we will not sell your information unless you later allow us to do so.

5. YourRight to Restrict Processing, Withdraw Consent, and Complain or Object.

Restrict Processing. You have the right to request that the processing of your personal information be restricted if you dispute the accuracy of the data, the processing is unlawful, but you refuse to delete it and we no longer need the data, but you do need this to assert, exercise or defend legal claims or you have objected to processing.

Withdraw Consent. You have the right to revoke your consent or change your opt in or opt out selections at any time. As a result, we are no longer allowed to continue the data processing based on this consent or the prior selections you made.

Right to lodge a complaint or object. You may have the right to lodge a complaint with an applicable local, state, or regulatory or government entity or to object if you believe that the processing of your personal information violates applicable legal provisions.

Consumers Under 18 Years Old

We do not collect information from anyone we know to be under the age of 18. CLARK is concerned with protecting the privacy of children who access the Internet. This Site is not intended for use by anyone under the age of 18 without the supervision of a parent or guardian. We do not knowingly collect Information from anyone under 18 years of age without the consent of a parent or guardian. If you are under the age of 18, please do not submit any personal information to us.

Our Support for the Exercise of Your Data Rights

We will not discriminate against you for exercising any of your rights. Unless permitted by law, we will not:

• Deny you goods or services
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level of quality of goods or services.
• Suggest that you may receive a different price rate for goods or services or a different level of quality of goods or services.

However, we may offer you certain financial incentives permitted by law that can resultin different prices, rates, or quality levels. Any permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Contact InformationIf you have any questions or comments about this notice, the ways in which CLARK collects and uses your information described here [and in the general Privacy Policy, included above], your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone:866-252-5275

Website:http://www.clarkmhc.com

Email:help@clarkmhc.com

Postal Address:

Clark Material Handling

700 Enterprise Drive

Lexington, Kentucky 40510

If you need to access this Policy in an alternative format due to having a disability, please contact us.

Changes to Our Privacy Policy

We reserve the right to amend this Privacy Policy at our discretion and at any time. When we make changes to this Privacy Policy, we will post the updated notice on the Site and update the notice’s effective date. Your continued use of our Site following the posting of changes constitutes your acceptance of such changes.