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  • Legal Notices

    LEGAL NOTICES

     

    “NHC”, “New Holland Construction” or “New Holland Construction Machinery S.p.A.” shall mean: any company under common control of CNH Global NV or that manufactures and distributes earth moving machines, equipment and spare parts under New Holland Construction brands, hereinafter “NHC”.

    Unless otherwise indicated herein, the logos, graphics, trademarks, service marks, and/or trade dress on this site, including but not limited to the marks shown below, are registered trademarks, service marks, and/or trade dress that NHC. Has a proprietary interest and may not be used for any commercial purpose without the prior written consent of NHC.

    Company name: New Holland Construction Machinery S.p.A.
    share capital: Euro 12.396.363,00 i.v.
    listed in the Register of Businesses: Company Registered in Turin, Tax no. and VAT Reg. no. 05173800011. Turin REA no. 689260

  • Terms & Conditions

    TERMS & CONDITIONS

     

    This NHC web site is offered to you, the user ("User"), conditional upon the acceptance of the terms, conditions, and notices contained herein and without any modification. NHC may modify the content or format of this Web site or discontinue the operation of this Web site in its sole discretion and without any advance notice. Your access and use of this site constitutes acceptance of all of these terms and conditions.

    Web Site Use. The User agrees to use this web site as permitted by applicable local, state, and federal laws. Additionally, the User agrees not to: 1) knowingly and without authorization, alter, damage, or destroy NHC's or another user's computer system, network, software, Web site, program, documentation or data contained therein; 2) use this Web site to conduct or attempt to conduct any business or activity or solicit the performance of any activity that is prohibited by law. Any action by the User that results in the blocking of access to this Web site by other users or NHC will be deemed an unauthorized use.

    Monitoring of Use. By using this system, the User expressly consents to administrative monitoring at all times. The User is further advised that system administrators may provide evidence of possible criminal activity identified during such monitoring to appropriate law enforcement officials. If the User does not consent to any monitoring, the User should exit this system now.

    Disclaimer. Every effort has been made by NHC to offer the most current, correct, and clearly expressed information possible. Nevertheless, it is possible that errors in information posted may occur. In particular but without limitation to any portion of this Agreement, NHC disclaims any responsibility for inadvertent errors and the accuracy of any news, financial information, data, or other information that may be contained on NHC Web pages. The news, financial information, data and information included on NHC servers has been compiled by NHC personnel from a variety of sources and is subject to change without notice to the User. NHC makes no warranties or representations of any kind regarding the quality, content, completeness, suitability, accuracy, adequacy, sequence, or timeliness of the content found on this Web site.

    Links to Third Parties' Web Sites. NHC web pages may currently or in the future include links to Web sites that are controlled or operated by third parties. Any sites linked from the NHC web site are not under NHC's control. NHC assumes no responsibility or liability for any information, communications or materials at such sites, or at any link contained in a linked site. NHC does not intend any third party links to be considered as referrals or endorsements of the linked entities or any products and/or services marketed by them and are provided for convenience only. Each third party Web site has its own policies about what information is appropriate for public access. The user assumes sole responsibility for use of any third party links and pointers.

    Used Equipment Listings. The New Holland Construction Used Equipment website www.NHCused.com contains records of used equipment inventory of New Holland Construction dealers who are making the offer for sale rather than NHC. NHC assumes no responsibility or liability specifically but not limited to any information, specifications, condition reports, photography, availability, pricing, taxes or duties, or warranty information found at such site, or at any link contained in a linked site. Each dealer is responsible for the information contained or not contained within a unit’s record/specification sheet. The User agrees to indemnify NHC, its officers, agents, employees, and other personnel under its control against any and all liability, expenses, attorney fees, and damages arising out of or relating to the use of units purchased through a NHC Used Equipment website, including any claims alleging facts that if true would constitute a breach by the User of these terms and conditions. In all disputes arising out of or relating to the sale or use of any equipment posted to a NHC Used Equipment website, the User consents to the exclusive jurisdiction and venue of courts located in the country in which the dealership selling the equipment resides.

    Intellectual Property. The User acknowledges that this NHC Web site contains intellectual property that is protected by state and/or federal trademark, trade secret and/or copyright laws. The User agrees not to use, reproduce, distribute copies, or create derivative works of any portion of this Web site including the content therein, or engage in any other action that may violate the intellectual property rights of NHC.

    Assumption of Risk. By using NHC Web pages for any purpose, the User assumes all risks associated with the use of this site and its individual pages. This risk includes but is not limited to any risk to the User's computer, software or data being damaged by any virus, software, or other file which might be transmitted or activated via a NHC Web page or the User's access to it. NHC shall in no circumstance be liable for any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to lost profits or lost revenues, arising out of or in any way connected to the use or misuse of this web site, or from any information, lack of information, documents, software, services, or other material obtained through any NHC web pages. The User also assumes any and all risk arising out of the use of this Web site, whether based on contract, tort, strict liability, or otherwise, even in the event that NHC and/or any of its employees, affiliates, or agents have been advised of the possibility of damages of any sort. NHC shall not be liable for any loss or injury caused in whole or in part by its actions, omissions, or contingencies beyond its control, including in procuring, compiling, procuring, displaying, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any user's decision, or action taken or not taken in reliance upon the information or lack of information furnished.

    Forbidden Uses. UNDER NO CIRCUMSTANCE SHALL THE USER ACCESS OR ATTEMPT TO ACCESS NHC'S COMPUTER SYSTEM, COMPUTER NETWORK, OR ANY PART THEREOF FOR THE PURPOSE OF EXECUTING ANY OPERATION TO DEFRAUD OTHERS, COMMIT THEFT, OR VIOLATE ANY LOCAL, STATE, OR FEDERAL LAW. NHC reserves the right to terminate at its own discretion the User's use of this Web site or forbid the User from accessing this Web site in the future in the event of any abuse of the Web site or any unauthorized or forbidden use by the User. Use of Interactive Media. To the extent that this site contains or may contain electronic mail links, bulletin boards, discussion forums, chat rooms, or other message or communication facilities involving NHC and/or other users, the User agrees to use such forums in their intended manner. Under no circumstances shall the user violate any law by using such forums for purposes including but not limited to defaming or harassing others, violating intellectual property rights of NHC or a third party, posting or sending obscene or offensive material, and introducing viruses, corrupted files or other programs which could damage or alter this web site or the computers of NHC or a third party. NHC reserves the right to remove any contents of this Web site for any reason whatsoever. The User acknowledges that any material posted by parties other than NHC or its affiliates are not endorsed by NHC, and such communications shall not be considered reviewed or approved by NHC.

    Indemnification. The User agrees to indemnify NHC, its officers, agents, employees, and other personnel under its control against any and all liability, expenses, attorney fees, and damages arising out of or relating to the use of this Web site in any way, including any claims alleging facts that if true would constitute a breach by the User of these terms and conditions.

    No Contractual Relationship. The User acknowledges that, by the use of this Web site, no relationship of any kind, including but not limited to partnerships, joint ventures, employment, contractual, or agency relationship, exists between the user and NHC or any of its affiliates or employees.

    Jurisdiction. These Terms and Conditions are governed by the laws of Italy. The User consents to the exclusive jurisdiction and venue of courts located in Turin, Italy in all disputes arising out of or relating to the use of this Web site. Use of this Web site is not authorized in any jurisdiction that does not give effect to all provision of these terms and conditions. The User irrevocably waives any objection that it may have at any time to the venue of any suit, action or proceeding out of or relating to this Agreement brought in any such court and irrevocably waives any claim that such suit, action or proceeding is brought in an inconvenient forum and further irrevocably waives the right to object, with respect to such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over the User.

    Applicable Laws. NHC's performance of this Agreement is subject to existing laws and legal process and nothing contained herein is in derogation of NHC's right to comply with law enforcement requests or requirements relating to any party's use of this Web site or information provided to or collected by NHC regarding such use.

    Survival. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that closely resembles the intent of the original provision and the remainder of the Agreement shall continue in effect.

    Entire Agreement. These Terms and Conditions constitute the entire agreement between the User and NHC regarding this Web site. This Agreement supersedes all prior or contemporaneous communications made in any medium of expression between the User and NHC regarding this Web site.

  • Privacy Statement

    PRIVACY


    CNH Industrial Privacy Policy (the Policy) is all about personal information – all the things we know about you. Because your information is so important to us, we’ll always be honest and transparent about how we handle it.

    If you are an Australian customer, the Policy explains how CNH Industrial and its related entities collect your personal information, what we do with it, and, most importantly, how it’s protected. It all comes down to CNH Industrial using personal information in innovative ways to provide great products and improved service.

    All CNH Industrial entities are subject to strict standards in relation to the handling of personal information, regardless of where those entities are located. This Privacy Policy applies specifically to all Australian based CNH Industrial entities.

    CNH Industrial is bound by the Privacy Act 1988 (Cth) (the Act) and the 13 Australian Privacy Principles (APPs) set out in that Act. The APPs regulate the way that certain entities handle personal information As a participant in the credit reporting system, CNH Industrial Capital Australia Pty Limited (CNHICA) is also bound by the rules in the Privacy Act which apply to credit reporting. More information about CNHICA’s credit reporting practices can be found in the Policy.

    The Act does not apply to the handling of information that does not relate to individuals – for instance information about corporations.

    Why we need to collect personal information
    CNH Industrial collects personal information from you when it is reasonably necessary for a business purpose. That means we collect it to
    • Understand you, and how we can meet your needs now and in the future.
    • Develop or evaluate products.
    • Make the CNH Industrial Group product range advertisements more relevant to you
    • Manage our business.
    • Comply with our legal obligations.

    The type of information we collect
    CNH Industrial collects personal information which may include your name, address, date of birth, gender, location, contact details, payment details, financial information, and information about how and where you purchase and use our products.

    There are a few different ways CNH Industrial collects this information. We collect most personal information directly from you. For example, you might fill out a form online or in one of our dealerships, or give it to one of our representatives on the phone. If you are simply making an initial enquiry, you can choose not to provide your personal information and deal with us anonymously.

    CNH Industrial will continue to collect personal information during our relationship with you. For example, we may collect personal information:
    • When you pay your bill or purchase products.
    • When you use our products
    • When you join or use any of our rewards programs
    • When you register a product for manufacturer’s warranty.

    What we collect from your online activity
    The CNH Industrial websites use cookies and other digital identifiers. These include:
    • Site performance identifiers: these give us information about how our websites are used. This helps us provide you with a more user-friendly experience.
    • Analytics cookies: we use these to gather statistics such as how many visitors are using our websites and what sections are most popular.

    What we collect from others
    Other people might give us personal information about you. For example, we might be given personal information by an authorised dealer from whom you have purchased our products; or if you are an operator your employer may provide us information about you if you use our business products;, or by your parent or guardian if you are under 18.

    We may also collect personal information from other companies that are able to disclose it to us, if it’s not practical to collect it from you. For example, we buy or obtain personal information from trusted sources to help us identify people who might be interested in hearing about our products.
    We will take reasonable steps to make sure you know we have your personal information, how we got it and how we’ll handle it.

    Your credit history
    CNH Industrial collects some types of personal information to assess your credit position when you apply for certain services. For more details, see the section on ‘Credit-related information’ further below.

    Insights from statistics and research
    CNH Industrial aggregates and processes personal information to generate new insights about our network and customers, so we can provide you with the best possible products and service.

    Sensitive personal information
    Sensitive information generally means data about your race, ethnicity, politics, religious or philosophical beliefs, sexual preferences, health, genetics or criminal record.

    This type of information will only be collected with your permission, and CNH Industrial will only use it for the limited purpose for which you provided it. For instance, there may be times when you choose to tell us about your health, and we might collect biometric information for use with new technologies like voice or fingerprint recognition. This could happen as technology changes and evolves over time.

    The CNH Industrial group and who we work with
    We may share your personal information within the wider CNH Industrial Group. Different companies within the CNH Industrial Group provide different services. CNH Industrial includes our overseas parent company, CNH Industrial NV and their subsidiaries.

    Parties we work with
    CNH Industrial sometimes team up with other companies to offer products. If you purchase a product that is delivered by one of our partners, we’ll give them the personal information they need to provide it and manage their relationship with you. In these circumstances, we have arrangements in place with our partners that limit their use or disclosure of your personal information to these purposes.

    Outsourcing
    CNH Industrial work with third parties to provide sales, business and customer support. They may have access to systems that include your personal information. These companies are subject to strict controls that protect your information from unauthorised use or disclosure, and limit their access to your personal information to the extent necessary to do their job.

    Access to personal information from overseas
    As mentioned above CNH Industrial NV and some of its subsidiaries are located overseas. Please rest assured, CNH Industrial will only give those entities secure access to the personal information they need to do their job. CNH Industrial maintains effective control of your personal information at all times, including by ensuring that parties located overseas comply with the APPs. These overseas entities are otherwise subject to strict data control laws which limit access to and handling of your information. In essence, these overseas entities will:
    • only use personal information to the extent strictly necessary to perform the relevant function; and
    • protect your information from unauthorised use and disclosure.

    Assignment of receivables and Outstanding payments
    In some circumstances, CNH Industrial may assign its receivables for funding purposes; or it may need to refer or sell overdue debts to debt collectors or other companies. If we do this, we’ll give them secure access to the personal information they need to handle the debt. We may also update credit reporting agencies about some types of payment defaults, although we’ll always tell you before we do this.

    Legal obligations and other privacy exceptions
    CNH Industrial gives access to personal information where we are permitted or obliged to do so by Australian law. For example, we will use or disclose personal information to react to unlawful activity, serious misconduct, or to reduce or prevent a serious threat to life, health or safety. We are obliged to cooperate with law enforcement bodies. CNH Industrial may disclose personal information we receive a request or warrant that is authorised under Australian law.

    Others
    CNH Industrial will only disclose personal information to others if you’ve given us permission, or if the disclosure relates to the main reason we collected the information and you’d reasonably expect us to do so.

    Direct Marketing
    CNH Industrial may use your personal information to send you advertising targeted to your interests, characteristics or general location. This doesn’t necessarily mean you’ll get more advertising. It just means that the advertising that you see will hopefully be more relevant to you. We’ll make sure that any marketing emails, texts and letters we send you clearly tell you how to opt out. We appreciate receiving unsolicited (junk/spam) mail can be as source of some irritation.

    You can opt out at any time of electronic advertising by following the prompts or by calling us on 1800 807 934. When you opt out, you can choose to opt out of particular direct marketing, or all direct marketing. Of course, there are some types of marketing we can’t control on an individual basis, like general promotional flyers or online ads that are not targeted specifically to you.

    Credit related information
    CNH Industrial uses personal information to assess your credit situation when you apply for some products. For example, we generally do a credit assessment before you take a finance product. That will entail asking you for information about yourself and things like your employment details and credit history.

    CNH Industrial will as a matter of best practice seek a credit report from a credit reporting agency. We’ll always tell you before we seek a credit report. The credit report provided by a credit reporting agency may include information like your employment history, previous credit checks, any problems you’ve had paying bills and whether those issues were resolved. CNH Industrial uses this information to assess whether we’re entering into an arrangement that is financial viable for both you and us.

    After you become a customer, we store the crucial bits of information from the credit report and our own credit assessment. We may continue to use this information to manage credit, and to make sure we’re offering and providing the right services to you. CNH Industrial will occasionally use credit related information to generate marketing lists in order to offer you new products or services. Sometimes, we might ask a credit reporting agency to do that for us. You can ask the credit reporting agency not to use your information for these purposes by getting in touch with them directly.

    CNH Industrial works with its overseas related entities and third party suppliers which will have access to the credit information they need to help manage credit and your services. These overseas entities conduct operational, technology and customer service functions on behalf of Australian-based CNH Industrial businesses:
    • CNH Industrial Support Services NetSol Technologies Ltd (Pakistan)
    • CNH Industrial Capital America LLC
    • CNH Belgium NV

    These entities (along with mercantile agents CNH Industrial may require to engage if you default on your goods mortgage loan) are obliged to comply with the APPs. You can get access to credit related information we hold about you, ask us to correct it, or make a complaint, as described elsewhere in this policy.

    If the personal information held has an error, CNH Industrial will correct it. If CNH Industrial has previously disclosed that information to a credit reporting agency we’ll tell them about the error and ensure the information is corrected. You can ask the credit reporting agencies not to use or disclose the information in their files if you think you have been or are likely to become a victim of fraud.

    CNH Industrial will not:
    • report credit related information about individuals under the age of 18; and
    • report defaults of less than $150;

    Before reporting defaults to credit reporting bodies, CNH Industrial will give you a notice in writing stating it that it intends to disclose the information to the credit reporting body within 14 days. If you believe that you have been or are likely to be the victim of fraud (including identify fraud), you can request a credit reporting body not to use or disclose the information they hold about you. If you do this, the credit reporting body mustn't use or disclose the information during an initial 21 day period without your consent (unless the use or disclosure is required by law). This is known as a ban period.

    If, after the initial 21 day ban period, the credit reporting body believes on reasonable grounds that you continue to be or are likely to be the victim of fraud, the credit reporting body must extend the ban period as they think reasonable in the circumstances. The credit reporting body must give you a written notice of the extension

    Credit reporting bodies can use the personal information about you that they collect for a pre-screening assessment at the request of a credit provider unless you ask them not to. A pre-screening assessment is an assessment of individuals to see if they satisfy particular eligibility requirements of a credit provider to receive direct marketing. You have the right to contact a credit reporting body to say that you don't want your information used in pre-screening assessments. If you do this, the credit reporting body must not use your information for that purpose.

    You can find out more about the credit reporting agencies CNH Industrial engages by visiting www.veda.com.au and www.dnb.com.au. Their websites give their contact details and their policies about the management of your personal information.

    Security
    CNH Industrial is committed to protecting your personal information. Some of the security measures we use include:
    • Firewalls and access logging tools that protect against unauthorised access to your data and our network.
    • Secure work environments and workflow systems that prevent unauthorised access and copying of your personal information.
    • Secure server and closed network environments.
    • Encryption of data in transit.
    • Virus scanning tools.
    • Management of access privileges, to ensure that only those who really need it can see your personal information.
    • Ongoing training and security reviews.

    The efficacy of these measures are routinely scrutinised as security risks do change. CNH Industrial is committed to ensuring your personal information is protected.

    How to access your personal information
    If you ask us, we will usually give you access to the personal information we hold about you. CNH Industrial will always confirm your identity before giving access to your personal information. You can ask for access by calling us on 1 800 807 934.

    The APPs prohibit CNH Industrial giving you access to personal information we hold about you if:
    • it would unreasonably affect someone else’s privacy; or
    • giving you access poses a serious threat to someone’s life, health or safety.

    There is generally no cost for accessing the personal information we hold about you, unless the request is complex or resource intensive. If there is a charge, it will be reasonable and we will let you know what it is going to be so that you can agree to it before we go ahead.

    Quality of personal information
    CNH Industrial is committed to ensuring all the personal information we hold about you is accurate, up-to-date and complete. If you think our records need to be corrected, please call us on 1 800 807 934. CNH Industrial encourages you to update your details with us so we can deliver better service to you. We appreciate your personal information is important to you, so please let us know if you have any questions or concerns about this policy or our practices.

    You can get in touch with us by:
    • Phone: 1 800 807 934 or
    • Mail: CNH Industrial 31-53 Kurrajong Road, St Marys NSW, Australia, 2760; or
    • Email: apcnhccustomerservice@cnh.com

    Our complaint process and complaint handling policy
    If we do not agree that your information is inaccurate, incomplete or out of date, we will write to you and tell you the reason(s) why we do not agree with you. We will also tell you what you can do if you are not satisfied with our response.

    Resolving your concerns
    You are entitled to complain if you believe that your privacy has been compromised or that CNH Industrial has breached the Privacy Act, or an applicable code. If you have a privacy complaint, you can contact the person, CNH Industrial representative you have been dealing with.

    Alternatively, you can lodge a complaint by contacting us by any of the means set out under the heading quality of personal information. If you make a complaint, CNH Industrial will respond within 48 business hours to let you know who is responsible for managing your complaint. CNH Industrial will try to resolve your complaint within 10 working days.

    When this is not possible, CNH Industrial will contact you within that time to let you know how long we will take to resolve your complaint. CNH Industrial will investigate your complaint and where necessary, consult with other credit providers or credit reporting bodies about your complaint. CNH Industrial will make a decision about your complaint and write to you to explain our decision.

    Office of the Australian Information Commissioner (OAIC)
    If your complaint is not satisfactorily resolved, you may complain to the OAIC about the handling of your personal information.

    Complaints to the OAIC must be made in writing preferably through the online Privacy Complaint form. When you complete and submit a form your information is not accessible to anyone other than the OAIC. Simply select the "Use a blank form and keep your own records" option and then complete the form. If you need help lodging a complaint, you can call the OAIC Enquiries Line. We can receive privacy complaints through:

    the online Privacy Complaint form
    by mail (If you have concerns about postal security, you may wish to consider sending your complaint by registered mail)
    Log onto OAIC’s contact page at http://www.oaic.gov.au/about-us/contact-us-page for further information.

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VAT NR. 05173800011.