PACCAR Financial Polska sp. z o.o. Privacy Policy

Dear Customers,

PACCAR Financial Poland sp. z o.o., with its registered office in Warsaw (Krakowiaków 48, 02-255 Warsaw), NIP (Tax ID): 5342397871, registered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, XIV Commercial Division under the KRS No. 0000312570 (hereinafter “PACCAR Financial”), may, in connection with providing certain financial products related to the leasing and rental of trucks, process some data that relate to you, as our customer, or, as the case may be, that relate to other parties.

The purpose of this document is, in line with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (hereinafter “Regulation”), to inform you about how PACCAR Financial processes personal data about individuals in connection with its activities.

The information below applies to the processing of personal data about customers, whether current, potential or former, who are individuals (natural persons). In connection with providing financial products, PACCAR Financial also processes personal data about other individuals if the processing relates to the relationship between PACCAR Financial and the customer. The information outlined herein will, to a reasonable extent, also apply to representatives and employees of customers and other parties concerned. All of these parties are hereinafter collectively referred to as “customers”.

1.PERSONAL DATA PROCESSING PRINCIPLES

1.1 When we process personal data about our customers, we respect the highest personal data protection standards and abide by, without limitation, the following principles:

(a) We process personal data about customers in a correct, legal and transparent manner; 
(b) The collection of personal data is carried out solely for particular, explicitly defined and legitimate purposes; we do not process personal data in a manner that is incompatible with those purposes;
(c) The scope of the personal data being processed is reasonable, relevant and limited to the fulfilment of specified purposes;
(d) We have adopted all reasonable measures exclusively accurate and up-to-date personal data, and to ensure that any personal data that are inaccurate are erased or corrected without delay, as permitted by the regulations we are obliged to follow;
(e) We keep personal data for as long as necessary for the purposes for which such data are processed and for as long as prescribed by the applicable laws which we are obliged to follow;
(f) The processing of personal data takes place only in such a manner that allows us to ensure the personal data are properly protected, including by using appropriate technical or organizational measures against unauthorized or unlawful processing and against accidental loss, destruction or damage.

2. IDENTITY AND CONTROLLER’S CONTACT INFORMATION

2.1 Personal Data Controller

2.2 We, PACCAR Financial Poland sp. z o.o., with its registered office in Warsaw (Krakowiaków 48, 02-255 Warsaw), NIP (Tax ID): 5342397871, registered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, XIV Commercial Division under the KRS No. 0000312570, are the personal data controller.

2.3 As the controller, we determine the purposes and means of personal data processing as described in this document. Should you have any queries or requests regarding the processing of personal data about our customers, you can contact PACCAR Financial at address Krakowiaków 48, 02-255 Warsaw or by email at PFP.Info@paccar.com. You can also contact our Data Protection Officer (DPO) Antoinette van Spaandonk, in case you have any questions or concerns regarding this privacy policy: dataprotectionofficer@daftrucks.com.

3. PROCESSING PURPOSES AND LEGAL GROUNDS FOR PROCESSING 

3.1 PACCAR Financial processes its customers’ personal data for the following purposes:

(a) To conclude and perform contracts in connection with providing relevant financial products; this relates to new or used trucks financing, sale of used trucks, trailer financing, and also includes concluding insurance agreements and providing relevant personal data to third parties (brokers, agents or insurance companies), if such service is requested by the customer. In this case, providing and processing the personal data are necessary for executing the contract.
(b) To fulfil legal obligations, especially in terms of compliance with anti-money laundering laws or other regulations that apply to providing loans or other financial products, and in terms of bookkeeping.
(c )To protect PACCAR Financial’s legitimate interests, mainly to protect its property. PACCAR Financial may process personal data without the customer’s consent if PACCAR Financial’s legitimate interests override the interests or fundamental rights and freedoms of the customer. These include the following legitimate interests:

(i) assessment of payment prospects, creditworthiness and payment records of the customer;
(ii) debt recovery;
(iii) corporate governance and company’s internal administrative purposes, internal analysis, evaluation and reporting;
(iv) sharing within the PACCAR Financial’s Group for group reporting (internal administrative purposes of this group) and customer’s assessment (to assess payment prospects, creditworthiness and payment records within the group);
(v)offering of products and services. If the customer is an existing PACCAR Financial’s customer, PACCAR Financial may reach him/her to a limited extent without his/her consent to offer its products and/or services related to the products or services the customer already has. The same may apply to products and/or services of other companies in the Paccar Financial Group if it can be legitimately expected by the customer. Such addressing can be done through various channels, usually by mail or by e-mail and the customer may object to such processing at any time.

(d) To send marketing materials relating to products and/or services offered by third parties, which PACCAR Financial believes may be of interest to the customer, or relating to PACCAR Financial’s products and/or services which are not related to the products and/or services the the customer already has. In this case, the personal data are processed and provided with the customer’s consent, which can be recalled by the customer at any time.

4. SCOPE OF PERSONAL DATA TO BE PROCESSED 

4.1 In connection with the scope of personal data which are processed, we would like to assure you that PACCAR Financial processes personal data about customers and other parties only to the extent necessary for fulfilling the declared processing purposes. In particular, the following personal data are processed: 

(a) Customer contact and identification data (e.g. name, surname, date of birth, place of residence, delivery or other contact address, registered office, identification number, telephone number, fax, e-mail or other contact details);
(b) Data necessary for performing a contract or for providing financial products (the subject of the contract or the subject of the provided product, truck-related data, data about the performance of the contract and provision of the product, bank account number, rental amounts, payment history, or other such data);
(c) Customer information and creditworthiness (records of customer history and payment obligations, information from client information registers, customer’s financial statements and other related data);
(d) Other personal data about the customer provided in the contract and during the performance of the contract or provision of the product.

4.2 In addition, personal data about other persons (e.g. family members, employees of the customer or beneficial owners) may also be processed to the extent necessary, in particular in connection with assessing the customer's creditworthiness. The particular extent of the personal data processed in a given case depends mainly on the nature of the product or service demanded by the customer.

5. TERM OF PROCESSING 

5.1 In cases where the data subject’s consent to the processing is not required, PACCAR Financial will process personal data about customers and other parties for the duration of the contract, for the period stipulated by applicable laws, or for as long as PACCAR Financial’s legitimate interests for the purpose of which the personal data are being processed persist. This term usually does not exceed 10 years (after the contract has terminated, if relevant). 

5.2 Personal data processing which is subject to the data subject’s consent are processed by PACCAR Financial for the duration of the contract between PACCAR Financial and the customer and for another five (5) years after such contract has terminated, unless the data subject revokes its consent earlier.

6. PROCESSING METHODS 

6.1 Personal data processed in connection with the provision of financial products are processed manually and automatically by PACCAR Financial employees, shareholders or advisers who cooperate with PACCAR Financial and who are bound by the confidentiality duty, including, where appropriate, with the use of support and systems made available by third parties under a contract and in line with the requirements laid down by applicable law. 
6.2 Your data will not be used in an automated – decision making, including profiling.
6.3 Personal data are processed mainly on the territory of Poland, but for group reporting may be transferred also to other countries of the European Union where the PACCAR Group operates or to the United States of America (see below section 7.4).

7. PARTIES TO WHOM PERSONAL DATA CAN BE MADE AVAILABLE

7.1 Personal data processed in connection with the provision of financial products may be made available to other parties where such disclosure is required given the nature of the provided product; this also includes transfer of personal data to law firms, tax advisors, auditors or other external advisors or debt collectors.
7.2 In other circumstances, and if so provided by law, PACCAR Financial may disclose personal data about customers to public authorities (such as courts, law enforcement authorities, tax authorities, etc.).  
7.3 Your personal data may, under certain circumstances, also be processed by third parties that are subcontractors or cooperating third parties (such as IT solution vendors). Such parties’ access to and the processing of your personal data will always be conducted under a personal data processing agreement and in full compliance with the Regulation and other laws.
7.4 To a limited extent, PACCAR Financial may also share (and transfer) customers’ personal data to other companies in the Paccar Financial Group (“Group”) for group reporting and customer’s assessment within the Group. Please be assured that all Group companies comply with comparable privacy policies and rules as PACCAR Financial. Therefore, in case of such transfer, customers’ personal data are transferred to Group members on the basis of a data transfer agreement entered into between PACCAR Financial and the respective Group member, which meets all legal requirements. In case of transfer of personal data to third countries (outside of the EU), the data transfer agreement contains all stipulations and complies with all conditions (especially as regards protection and safeguarding of personal data) defined in the Decision of European Commission No. 2004/915/EC of December 27, 2004 amending Decision 2001/497/EC as regards the introduction of an alternative set of standard contractual clauses for the transfer of personal data to third countries. As at the date of this privacy policy, the term “Group” means the PACCAR Financial Group members located within the European Union and PACCAR Inc. located in Bellevue, WA, United States of America.

8. RIGHT TO ACCESS PERSONAL DATA AND PROTECTION OF PERSONAL DATA RIGHTS 

8.1 In connection with PACCAR Financial’s personal data processing, the Regulation grants you, without limitation, the rights described below. Please note that all rights related to the protection and processing of your personal data may only be exercised insofar as permitted by, and in the manner resulting from, legal regulations.

(a ) Right of access to personal data.
You have the right to obtain confirmation from PACCAR Financial that certain personal data relating to you are or are not being processed and, if being processed, you have the right to access such personal data and other specified information. In such an event, PACCAR Financial will also provide you with a copy of your personal data, unless the rights of others are adversely affected thereby.
(b) Right to rectification.
You have the right to have PACCAR Financial correct inaccurate personal data relating to you without undue delay. With regard to the processing purposes, you have the right to have incomplete personal data about you completed, including by providing an additional declaration.
(c) Right to erasure (“right to be forgotten”).
You have the right to have PACCAR Financial erase any personal data relating to you without undue delay; PACCAR Financial is obliged to delete personal data without undue delay if any of the reasons set out in the Regulation exists and PACCAR Financial is not entitled to retain your personal data for any other reason.
(d) Right to restricted processing.
You have the right to have PACCAR Financial restrict the processing of your personal data, especially if you deny the accuracy of the personal data, if you object to the processing, and under other circumstances provided for in the Regulation.
(e) Right to data portability.
You have the right to obtain personal data about you which you have made available to PACCAR Financial in a structured, commonly used and machine-readable format, and the right to transmit such data to another controller, if the processing is based on consent or under contract and is automated.

9. RIGHT TO RAISE OBJECTIONS AND WITHDRAW CONSENT

9.1 Without prejudice to the rights outlined in clause 9, PACCAR Financial would like to point out the following rights:

(a) Right to withdraw consent. Where the personal data processing is based on consent, you are not required to grant your consent; if you grant your consent, you have the right to withdraw your consent at any time. If you wish to withdraw your consent to personal data processing, you may contact the contact person referred to in clause 2.3 hereof. Your withdrawal is without prejudice to the processing of personal data for purposes which do not require your consent.
(b) Right to raise objections. Where your personal data are processed for the purpose of protecting PACCAR Financial’s or third parties’ legitimate interests, you have the right to object to such processing. In such an event, PACCAR Financial must, under the terms of the Regulation, sufficiently substantiate the grounds for such processing or terminate the processing.

10. RIGHT TO COMPLAIN

10.1 Should you believe that the processing of your personal data by PACCAR Financial constitutes a breach of law, especially the Regulation, you may contact the Personal Data Protection Authority (Address: Stawki 2, 00-193 Warsaw), Web: https://www.uodo.gov.pl, e-mail address: kancelaria@uodo.gov.pl.

11. INFORMATION ABOUT THE NECESSITY TO PROVIDE PERSONAL DATA

11.1 Providing your personal data information is voluntary, but necessary to present you with the product offer or conclude a contract.

12. FINAL PROVISIONS

12.1 This Policy is valid and effective as of NAME DATE ; the up-to-date text is available upon request from www.paccarfinancial.pl