This privacy notice (the “Privacy Notice”) describes how Volvo Construction equipment AB, reg. no 556021-9338, (“Volvo CE”, “we”, “us” and “our”), process your personal data when you use Site Operations / Site Assistant (the “Service”). Please read this Privacy Notice carefully to make sure that you have understood how your personal data will be used. If you have any questions regarding how Volvo CE processes your personal data, please contact us using the contact information at the end of this document. We may need to make updates or changes to this Privacy Notice. You can find the latest version of this Privacy Notice on the Volvo Connect website.
In this section we describe the processing of personal data relevant to the Service.
We collect your personal data during account registration to set up your account and give you access to the Service.
We process the personal data that we receive from you during registration, which includes your name and email address. Further data about your role and associated customer organization may also be processed when necessary.
Legitimate interest: We have a legitimate interest to deliver the Service in accordance with the agreement be-tween Volvo CE and our customer.
Your personal data will be shared with our IT service providers to the extent it is necessary for them to perform their service to us.
Volvo CE will not transfer your personal data to a country outside the European Union (“EU”)/European Economic Area (“EEA”). However, our IT service providers make use of suppliers belonging to company groups headquartered in the United States which therefore may, e.g., for technical support purposes, grant remote access to personal data stored within the EU/EEA.
We will process your personal data as long as it is necessary for us to provide the Service to our customer. When the customer relationship ends, we will periodically purge inactive account from our systems, including any related personal data.
We process data from machines and their operations, including their position, and represent this on a real-time map of a work site to facilitate increased operational efficiency and planning support. The data is used to associated machines with users and site and correctly display these in the user interfaces accessible by users of the service.
We process data from the machines in the form of GPS coordinates, information about the machine utilization and reported load tickets. Machine data is associated with user profiles using registered email addresses.
Legitimate interest: We have a legitimate interest to deliver the Service in accordance with the agreement be-tween Volvo CE and our customer.
The real-time positions of users and their associated machines shared with other users of the Site Operations or Site Assistant apps for the specific work site. Your personal data will be shared with our IT service providers to the extent it is necessary for them to perform their service to us.
Volvo CE will not transfer your personal data to a country outside the European Union (“EU”)/European Economic Area (“EEA”). However, our IT service providers make use of suppliers belonging to company groups headquartered in the United States which therefore may, e.g., for technical support purposes, grant remote access to personal data stored within the EU/EEA.
We will process your personal data as long as it is necessary for us to provide the Service to our customer. When the customer relationship ends, we will periodically purge inactive account from our systems, including any related personal data. Until then, site managers will be able to remove user accounts.
GPS position data is stored for 1 year, while other machine-related operational data is stored for a period of 1 year starting at the end of the customer’s service subscription.
We process data from the Site Assistant app in order to represent the user’s position on the work site map and make that position, and the position of other users, available between users. Once a user is outside the sites geofence, their position is no longer saved or shared to other users or devices.
We process data from the app in the form of GPS coor-dinates. GPS data is associated with user profiles using registered email addresses ad chosen usernames.
Legitimate interest: We have a legitimate interest to deliver the Service in accordance with the agreement be-tween Volvo CE and our customer.
The real-time positions of users and their associated machines shared with other users of the Site Operations or Site Assistant apps for the specific work site.
Your personal data will be shared with our IT service providers to the extent it is necessary for them to perform their service to us.
Volvo CE will not transfer your personal data to a country outside the European Union (“EU”)/European Economic Area (“EEA”). However, our IT service providers make use of suppliers belonging to company groups headquartered in the United States which therefore may, e.g., for technical support purposes, grant remote access to personal data stored within the EU/EEA.
We will process your personal data as long as it is necessary for us to provide the Service to our customer. When the customer relationship ends, we will periodically purge inactive account from our systems, including any related personal data. Until then, site managers will be able to remove user accounts.
Processing of GPS position data seizes when the user’s device leaves the work site’s defined geofence.
We derive aggregated and generalized data about how the Service is used and performs, which allows us to analyse it and gain insights into how we can optimize and develop our services and products.
We process technical and statistical data derived from the performance and customer utilization of the Ser-vice, including data from activity logs, information relating to the conditions and performance of associated operating machines and mobile devices, and information relating to operational productivity.
Legitimate interest: We have a legitimate interest in improving and developing our products and services.
Your personal data will be shared with our IT service providers to the extent it is necessary for them to perform their service to us.
Volvo CE will not transfer your personal data to a country outside the European Union (“EU”)/European Economic Area (“EEA”). However, our IT service providers make use of suppliers belonging to company groups headquartered in the United States which therefore may, e.g., for technical support purposes, grant remote access to personal data stored within the EU/EEA.
We will keep personal data in a format enabling identification only for as long as it takes to effectively turn it into aggregated and generalized data. Aggregated data may be kept indefinitely.
In addition to the processing purposes listed above, we may be required to process personal data for additional purposes. We may be required to keep certain personal data for longer periods of time e.g., to be able to establish, exercise, and/or defend against legal claims. Additionally, we may also be required to process personal data to comply with legal obligations e.g., relating to bookkeeping or tax legislation, or if we are ordered to process personal data (including disclosing it) by a competent court or government authority.
We always require that our IT service provers ensure that any transfers of personal data to countries outside the EU/EEA are performed in accordance with all applicable legal requirements including, where required, entering into an agreement with their suppliers based on the EU Commission’s standard contractual clauses. Here, you can find the standard contract clauses applicable to transfers of personal data to a recipient outside of the EU/EEA.
In this section we describe your rights as a data subject. You can exercise them by contacting us using the contact information at the end of this document. Please note that not all rights listed below are absolute and there are exemptions which can be valid. Your rights are the following:
You have the right upon request to get a copy of your personal data which we process and to get complementary information regarding our processing of your personal data.
You have the right to have your personal data rectified and/or complemented if they are wrong and/or incomplete.
You have the right to request that we erase your personal data without undue delay in the following circumstances: (i) the personal data is no longer necessary in relation to the purposes for which they were collected or otherwise processed; (ii) you withdraw your consent on which the processing is based (if applicable) and there is no other legal ground for the processing; (iii) you object to our processing of personal data, and we do not have any overriding legitimate grounds for the processing; (iv) the processed personal data is unlawfully processed; or (v) the processed personal data has to be erased for compliance with legal obligations.
You have the right to restrict the processing of your personal data in the following circumstances: (i) you contest the accuracy of the personal data during a period enabling us to verify the accuracy of such data; (ii) the processing is unlawful, and you oppose erasure of the personal data and request restriction instead; (iii) the personal data is no longer needed for the purposes of the processing, but are necessary for you for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing of the personal data, pending the verification whether our legitimate grounds for our processing override your interests, rights and freedoms.
If your personal data has been provided by you and our processing of your personal data is based on your consent or on the performance of a contract with you, you have the right to receive the personal data concerning you in a structured, commonly used and machine-readable format in order to transmit these to another service provider where it would be technically feasible and can be carried out by automated means.
You have the general right to object to our processing of your personal data when it is based on our legitimate interest. If you object and we believe that we may still process your personal data, we must demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.
You have the right to at any time object to processing which is done for the purpose of direct marketing. If you object to such processing, we will no longer process your data for such purposes.
When our processing of your personal data is based on your consent, you have the right to withdraw your consent at any time. Please note that the lawfulness of any processing based on your consent before its withdrawal is not affected by the withdrawal.
The data protection authority in Sweden is ‘Integritetsskyddsmyndigheten’. If you believe that our processing is per-formed in breach of applicable data protection legislation, we encourage you in first-hand to contact us in order for us to oversee your complaints. You may at any time also file a complaint with the supervisory authority.
If you have any questions about the processing of your personal data or want to exercise any of your rights, please contact us at:
Email: gpo.office@volvo.com
Post: AB Volvo, Att: Group Privacy Office, Dept AA14100, VGHQ , SE-405 08 Göteborg, Sweden
+46 (0)31 66 00 00
1. Background
1.1 These end-user terms of use (the “Terms”) are entered into by Volvo Construction Equipment AB (“Volvo CE”) and the natural or legal person executing this agreement ("You"). By accepting these Terms, you acknowledge that you have reviewed them and agree to be bound by them, and, as applicable, that you are authorized to act on behalf of, and bind to this agreement, any legal person that you may represent.
1.2 These Terms govern the use of any digital services, platforms, interfaces, features, functions or content provided by Volvo CE, whether provided by free or for remuneration, that form part of the Site Operations / Site Assistant Service (“Digital Content”). All Digital Content constitute business tools and may only be used for purposes relating to trade, business, craft or profession.
2. Access to Digital Content
2.1 To access Digital Content, an end-user account may be required (“User Account”). You are solely responsible for determining who within your organization should be registered for a User Account, and, where relevant, the relevant account permissions associated with any such individual User Account.
2.2 Where your access to Digital Content allows you to invite other individuals or businesses outside your own organization to access Digital Content, you must ensure that those individuals or businesses are made aware that their access and use of the Digital Content is contingent on their acceptance of these Terms, which they will be prompted to accept before gaining access.
2.3 If the Digital Content allows you to place orders for services (“Digital Services”), you acknowledge that by placing such orders, you will be able to enter into a binding agreement (which may be subject to separate legal terms) that applies between you and the provider of such services. You further acknowledge and agree that (i) some Digital Content may not be offered in certain countries and territories, (ii) that your acceptance of these Terms is not contingent on the availability of any specific Digital Content, and (iii) that Digital Content offered by Volvo CE may change over time.
3. Our obligations
3.1 We will make the Digital Content available to you as described in these Terms and will use commercially reasonable efforts to provide it without disruptions in availability. We expect planned downtime to be infrequent and will endeavor to provide you with advanced notice if we think it may cause you commercially critical and material inconveniences.
3.2 Except as expressly stated in these Terms, the Digital Content and all its related components and information are provided on an “as is” and “as available” basis without any warranties of any kind. We expressly disclaim any and all warranties, whether express or implied, including implied warranties of merchantability, title, fitness for particular purpose, and non-infringement. You acknowledge that we do not warrant that the provision of any Digital Content will be uninterrupted, timely, secure, accurate, or error-free, in particular with regard to displayed information and/or calculations relating to machines and operations. You are not entitled to any remedies for any downtime and related inconvenience. We are not responsible for the accuracy of any content that you submit through any Digital Content, including to any element thereof, nor the availability of any Digital Services.
3.3 To the extent the Digital Content includes links to third-party websites or applications not operated or managed by Volvo CE, we will not be liable for any claims arising from your reliance on, or in connection with, the content of such websites and applications or any information provided by them.
4. Your obligations
4.1 All use of Digital Content must comply with the Acceptable Use Policy, available on the Volvo Connect website. For the avoidance of doubt, a breach of the Acceptable Use Policy is considered a breach of these Terms.
4.2 All use of the Digital Content must comply with these Terms. You are responsible for any acts committed and omissions made by you or other person using your User Accounts and/or access to Digital Content.
4.3 You are responsible for maintaining the confidentiality of all your assigned User Accounts. You shall ensure that all user credentials related to the User Accounts (such as username and password) are kept confidential and secure in a manner that no unauthorized third parties may access the User Accounts. You shall immediately notify us of any unauthorized use of your User Accounts.
4.4 We reserve the right to review individual user’s conduct for compliance purposes. If we become aware that a user’s use of the Digital Content violates these Terms, we will notify you and request correction of the violation. If you fail to correct the violation within twenty-four (24) hours of the request, Volvo CE may suspend access to the Digital Content until the violation is corrected.
5. Intellectual property rights
5.1 We and our licensors reserve all rights, titles, and interest (including the right to enforce any such rights) to the Digital Content. Subject to your compliance with these Terms and all other applicable terms and policies, you are granted a non-exclusive, non-transferable and non-sublicensable (however sublicensable to your affiliates), limited license to access and use the Digital Content. You may not sell, rent, lease, sublicense, redistribute, or syndicate access to the Digital Content, or any element thereof, to any third party. Your license is only valid in your country of establishment provided it is one of the following countries: any country within the EU/EEA, Switzerland, Iceland, Liechtenstein, Norway and the United Kingdom.
5.2 You shall notify the Volvo CE in writing without undue delay of any third-party allegation, claim, threat or court action claiming that the use of Digital Content or content constitutes an infringement of intellectual property rights (or rights associated therewith) owned by such third party (“Third-Party Claim”). Volvo CE shall notify you upon receipt of a Third-Party Claim, to the extent such Third-Party Claim has been verified, in Volvo CE’s sole discretion, as valid and not unfounded.
5.3 Each party shall indemnify and hold harmless the other party against all liabilities arising from any Third-Party Claim, provided such Third-Party Claim is not a result of the indemnified party’s use of the indemnifying party’s intellectual property rights (or rights associated therewith) in a manner which is not permitted under these Terms, or otherwise unlawful under applicable law. The indemnifying party shall have the right to assume charge and direction of the defense and/or settlement of any Third-Party Claim.
6. Digital Content Data
6.1 Your access to Digital Content may entail the gathering, storing and transmission of data relating to you and your use of Digital Content. Depending on the case, this may include data processed in the context of Digital Services (including mobile, web or machine applications) as well as data originating from connected hardware (including Volvo CE construction equipment, machine-mounted tablets and machine-related devices) (“Digital Content Data”).
6.2 To the extent Digital Content Data includes personal data, Volvo CE will process such personal data in accordance with applicable data protection laws to which Volvo CE is subject. Further information about Volvo CE’s processing of personal data is available in our Privacy Policy, available on the Volvo Connect website.
6.3 Volvo CE may use Digital Content Data to develop, deliver and improve Volvo CE products and services. The terms and conditions under which such data is accessed, used, and shared, including with respect to data protection compliance and processing of personal data, are provided in full in the Volvo Group Data Management Agreement and any Addendum thereto (collectively, the “DMA”) available on the Volvo Connect website. Your acceptance of these Terms includes the acceptance of the terms of the DMA.
7. Updates to these Terms
We may make changes to these Terms. Any new versions of the Terms will be published on the Volvo Connect website, with or without notice, and it is your responsibility to regularly check the Terms for updates and changes. Your continued use of any Digital Content following the publishing of a new version of these Terms will mean that you accept and agree to the changes.
8. Export
You shall comply with all domestic and international export laws and regulations, as applicable to your access and use of the Digital Content, which include restrictions on destinations, end users, and end use of such.
9. Termination
9.1 Both parties may terminate these Terms immediately without cause but must provide each other with thirty (30) days prior written notice of such termination. Your termination notice may be provided directly to Volvo CE or (as applicable) to your local Volvo CE dealership.
9.2 We may also terminate these Terms immediately if we reasonably believe that the Digital Content is being used in violation of these Terms, applicable law, or if User Accounts have been suspended according to Section 4.4.
9.3 These Terms will remain in effect until terminated pursuant to either section 9.1 or 9.2 or any other applicable provision of these Terms. Upon termination, we will remove your access to the Digital Content.
9.4 The termination of these Terms shall not affect the validity of any other agreements between you and any party made using the Digital Content. You acknowledge that the termination of these Terms, and the subsequent termination of any associated User Accounts may affect the availability of certain Digital Services.
10. Limitation of liability
10.1 You shall indemnify, defend and hold harmless Volvo CE including our affiliates, against all damages, costs, and expenses (including reasonable attorneys' fees) incurred as a result of third-party claims arising from your breach of these Terms, violation of applicable law, negligence, or willful misconduct.
10.2 Our liability for any damage or loss of any kind (regardless of how it was caused and including any damage or loss caused by negligence) under or in connection with these Terms shall for each event (including a series of events related thereto) causing the damage or loss be limited to EUR 1000.
10.3 In no event will either party have any liability for any lost profits or revenues or for any indirect, special, incidental, consequential, cover or punitive damages however caused, and whether or not the party has been advised of the possibility of such damages.
10.4 The limitations under this Section 10 apply with respect to all legal theories, whether in contract, tort or otherwise, and to the extent permitted by law.
11. Survival
The following sections shall survive any termination or expiration of these Terms: Section 5 (Intellectual Property Rights), Section 6 (Digital Content Data), Section 10 (Limitation of liability), Section 11 (Survival), Section 12 (Miscellaneous) and Section 13 (Governing law and dispute resolution).
12. Miscellaneous
12.1 Severance. If any provision of these Terms is held to be invalid or unenforceable by any competent court, authority or arbitral tribunal, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law.
12.2 Force Majeure. If and to the extent that either party’s performance of its obligations under these Terms is impeded or made unreasonably onerous by circumstances beyond its reasonable control, including, but not limited to, general labor disputes, war, fire, lightning, flood, pandemics, epidemics, quarantine, virus outbreaks, acts of terrorism, amendments to regulations issued by governmental authorities, intervention by governmental authorities, such party shall be released from liability in damages for delay in performing or failure to perform such obligations. The party wishing to claim relief by reason of any such circumstance as referred to in this Section 12.2, shall without undue delay notify the other party in writing. If such notice is not provided without undue delay the right to rely on such circumstance is lost. If performance is materially prevented for more than one (1) month as a result of any of such circumstances, the party not affected by force majeure shall be entitled to immediately terminate the Terms by notice in writing.
12.3 Waiver. The failure of either party to enforce at any time for any period of any one or more terms shall not be a waiver of such term(s) or of the right of such party at any time subsequently to enforcement.
12.4 Transfer and assignments. You may not assign or delegate in whole or in part your rights and obligations under these Terms without our prior written consent. We shall have the right to transfer our rights or obligations under these Terms to any Volvo Group company.
12.5 Entire agreement. These Terms constitute the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Notwithstanding any language to the contrary therein, no terms or conditions stated in a purchase order, vendor on-boarding process or web portal, or any other order documentation will be incorporated into or form any part of these Terms, and all such terms or conditions will be null and void.
12.6 Publicity. A party shall not be entitled to use the other party’s company name, trademark or logo as a reference for marketing or promotional purposes in public or private communication with existing or potential customers, without such party’s prior written approval.
13. Governing law and dispute resolution
13.1 These Terms (including Section 13.2) and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of Sweden, excluding its conflict of laws principles providing for the application of the laws of any other jurisdiction.
13.2 Any dispute, controversy or claim arising out of, or in connection with, these Terms, or the breach, termination or invalidity thereof, or any non-contractual obligations arising out of or in connection with these Terms, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce. The Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply, unless the institute – taking into account the complexity of the case, the amount in dispute and other circumstances – determines, in its discretion, that the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators. All arbitrators shall be appointed by the institute. The seat of arbitration shall be Gothenburg, Sweden. The language of the arbitration shall be Swedish (unless otherwise agreed by the disputing parties).
13.3 All arbitral proceedings conducted pursuant to Section 13.2, all information disclosed and all documents submitted or issued by or on behalf of any of the disputing parties or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course of any such proceedings shall be kept strictly confidential and may not be used for any other purpose than these proceedings or the enforcement of any such decision or award nor be disclosed to any third-party without the prior written consent of the party to which the information relates or, as regards to a decision or award, the prior written consent of all the other disputing parties.