TERMS OF USE - Hiab HiConnect™ (v. 08/2019)

Rules governing your use of the Hiab HiConnect™ service

Your use of the Hiab HiConnect service (“HiConnect”) is based on and subject to an agreement by your employer company or another company that has acquired a license from Hiab for the HiConnect service (the “Customer”). In addition, these Terms of Use govern your access and use of the HiConnect service and you acknowledge that when using the HiConnect service you are bound by these Terms of Use. Hiab, as used herein, refers to the applicable entity of the Cargotec Corporation, which has entered into the agreement with the Customer and given the license to use the HiConnect service.

These Terms of Use remain effective until the Customer’s license for the HiConnect expires or terminates, or your access to HiConnect has been terminated by the Customer or Hiab. Your access and right to use HiConnect ends at the same time.

Hiab reserves the right, at its discretion, to change, modify, add or remove parts of these Terms of Use at any time by posting the amended Terms of Use on the HiConnect website. Unless stated otherwise, changes are effective when posted. If you continue to use HiConnect after the changes are posted, you agree to the changes.

HiConnect and all rights pertaining thereto shall remain the property of Hiab in accordance with the license agreement concluded between Hiab and the Customer.

Your HiConnect account

In order to access HiConnect and/or create an account within HiConnect, you (or the Customer) need to create an account and select a password and/or provide Hiab with certain limited personal information, which may include for example your name and e-mail address. 

The following rules govern the creation and use of the account: (i) you must not have more than one account at any given time, and must not create an account using a false identity or information, or on behalf of someone other than yourself; (ii) you must not sublicense, rent, lease, sell, trade, gift or otherwise transfer your account to anyone without written permission of Hiab; and (iii) you may not, under any circumstances try to get login information of or access to an account belonging to other users and/or companies or to gain unauthorized access to HiConnect.

You are responsible for maintaining the security of your account. Do not share your account details with others or allow others to access or use your account. You are solely responsible for any activity in your account whether or not authorized by you.

Unauthorized use of HiConnect

You agree that you will not, under any circumstances: (i) use HiConnect, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation; or (ii) execute, assist, encourage, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon HiConnect, or other attempts to disrupt HiConnect or any other person’s use or enjoyment of HiConnect; (iii) make any automated use of HiConnect, or take any action that imposes or may impose (in Hiab’s sole discretion) an unreasonable or disproportionately large load on HiConnect’s infrastructure, or (iv) bypass any measures Hiab employs to restrict and/or secure access to HiConnect.

Hiab has the right to prevent your access to HiConnect without a prior notice if Hiab suspects that you are misusing HiConnect in a manner that constitutes a breach of these Terms of Use, the Customer’s license, or applicable laws

Use of Personal Data

When using HiConnect, the Customer has access to your personal data entered into HiConnect and may access and process it subject to the applicable laws and agreements from time to time within the scope of their license. Furthermore, when using HiConnect, you may have access to other persons’ personal data entered into HiConnect. You acknowledge and agree that any access and/or use by you of such personal data shall be made in accordance with applicable laws and relevant Customer policies and practices that may govern the access and use of such personal data.

When processing your or other persons’ personal data in HiConnect, to which the Customer has access, the Customeracts as a data controller and is therefore responsible for determining the purposes and means of processing such personal data and fulfilling its respective obligations under applicable laws. You expressly agree and acknowledge that it is solely the Customer’s responsibility to (a) inform the data subjects of any relevant Customer policies and practices that may impact the processing of personal data; (b) obtain any rights, permissions or consents from the data subjects that are necessary for the lawful use of personal data; and (c) inform and specify the purpose of processing of personal data. You acknowledge that you should direct any inquiries in respect of the use of personal data by you or the Customer to the respective contacts of the Customer.

Hiab shall act as a data processor in respect of your personal data entered into HiConnect or otherwise supplied to Hiab for the purpose of providing HiConnect on behalf of the data controller. Hiab, as a data processor, shall process personal data in accordance with the data controller's instructions and applicable laws and regulations. 

For the sake of clarity, Hiab may process personal data entered into HiConnect also in the role of data controller when deciding the purposes for which, and the means by which, such personal data is processed. More information on how Hiab processes personal data as a data controller, including information on how long and for what purposes Hiab processes personal data, is available on https://www.hiab.com/en/pages/privacy-policy. 

Limitation of liability

HIAB’S LIABILITY PERTAINING TO THE HICONNECT SHALL BE DETERMINED IN ACCORDANCE WITH THE LICENSE AGREEMENT CONCLUDED BETWEEN HIAB AND THE COMPANY.

Applicable law and settlement of disputes

Any disputes arising out of the interpretation or the fulfillment of the Terms of Use shall be settled in accordance with the provisions regarding Applicable Law and Settlement of Disputes contained in the license agreement concluded between Hiab and the Customer.

Severability

These Terms of Use will be enforced to the fullest extent permitted under applicable laws. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms of Use will remain in full force and effect.

Hiab is the world's leading provider of on-road load handling equipment, intelligent services, smart and connected solutions. Hiab's class-leading load handling equipment includes HIAB, EFFER and ARGOS loader cranes, LOGLIFT and JONSERED forestry and recycling cranes, MOFFETT and PRINCETON truck mounted forklifts, MULTILIFT skiploaders and hooklifts, and tail lifts under the ZEPRO, DEL, and WALTCO brands. As the industry pioneer and with a proud 75 year history, Hiab is committed to be the preferred partner and solution provider to its customers and shape the future of intelligent load handling. www.hiab.com Hiab is part of Cargotec Corporation. www.cargotec.com