Power Suite™ Terms of Use Agreement

Website Privacy Policy

Thank you for visiting this website, which is owned and operated by Cummins Inc. This Privacy Policy contains our online privacy and security practices and describes the choices you can make about the way your information is collected and used.

Information We Collect

To provide some of our web based services to you or to permit you to enter certain sections of our website, we require you to provide a small amount of personal information. The personal information collected by Cummins Power Suite™ includes your name, contact details (such as email address, and/or company name, job title, phone and mailing address), contact preferences, the name of your distributor and your website usage and service history. In some situations, your project information may also be collected for Cummins Power Suite™ to make product recommendations to suit the project requirements. Occasionally, we may invite you to participate in a survey or poll such as providing feedback about our site content, services, or products for marketing related and customer satisfaction purposes. Your responses will be anonymous unless you choose to provide your contact details so that we can provide you with additional information regarding the survey. We encourage you to keep your data with Cummins Power Suite™ up-to-date. If you choose to register for Cummins Power Suite™, you always have the option of unsubscribing at any time. You can contact us at any time to update your data by going to your account on our Power Suite™ website. You have the right to contact us to change your marketing preferences, exercise your right of access to your data, request a copy, request amendment or deletion, or ask a question or assert a claim in relation to our collection and use of your personal data. You can do so via the Power Suite™ website (My Profile link) or by emailing us at powersuite.supoort@cummins.com.

Use and Sharing of Your Information

We use the information you provide to us to address your request or respond to your questions. We may share your personal information with our subsidiaries, joint ventures, affiliates, authorized distributors and other business partners, to the extent that they are assisting Cummins in fulfilling your request or providing products or services to our customers. We may also store your data in a centralized system, with other data that we hold about you. Only with your express consent will we disclose, process, transmit or re-use your project information within our Cummins group of companies and our distributors to provide better customer support. Cummins does not sell or share personal information provided to us with third parties for their own separate use.

Cross-Border Transfers of Personal Information – E.U.-U.S. Privacy Shield Certification

Like most global organizations, Cummins transfers (shares) some of the personal data that it collects and processes with relevant affiliates (personnel) in other countries. The data privacy laws that apply to personal data differ from country to country, and do not always offer a consistent level of protection for the personal data that is transferred out of the country of origin. Nevertheless, Cummins takes steps to ensure that the personal data which is transferred to other countries is adequately protected at all times by the recipient, regardless of the country and the data protection requirements required by law in that location. As part of the company’s data transfer compliance practices, Cummins has certified to and complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Human Resource Personal Information transferred from the European Union to the United States. The Privacy Shield principles are: Notice; Choice (Consent); Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability. For more information about the company’s Privacy Shield practices, please see our Privacy Shield Notice or view our certification on the U.S. Department of Commerce’s Privacy Shield website at: https://www.privacyshield.gov/list. In relation to other data transfers, Cummins relies on other types of protections, such as use of the E.U. Standard Contractual clauses and intra-company agreements to ensure an adequate level of protection for the data. If you have questions about Cummins’ cross-border transfers or believe that your information has been mismanaged, you can email us at [email protected], or write to us at Cummins Inc., 500 Jackson Street, Columbus, Indiana USA 47201.

Cookies and Other Anonymous Web Tracking Techniques

Like most websites, we may also collect information online through “cookies”, which are pieces of information stored directly on the computer you are using. Cookies can contain a variety of information, such as a simple count of how often you visit our site or information that allows customization of our site for your use. We use cookies to display information more effectively to you and to gather data about the usage of our site. You can always set your browser to refuse all cookies or to warn you when a cookie is sent to you. This will provide you with more control over the acceptance of cookies on your computer. However, it is possible that some portions of this website will not function properly or may perform more slowly if you choose to reject cookies.

Safeguarding Your Information

Cummins has put in place appropriate physical, electronic, and managerial practices to help safeguard and secure the information we collect online from loss, misuse, alteration, unauthorized access, or theft. This includes appropriate safeguards for customers making purchases through our sites, as well as those who enroll in our programs.

Our Commitment to Children's Privacy

This website is not intended to collect or maintain any information from children under the age of 13. If we learn that we mistakenly collected any information from anyone under the age of 13, we will purge it immediately, except for responding to a question or inquiry on a one-time basis from the individual.

Right of Access, Correction, and Objection

We take reasonable steps to ensure that your personal information on file with us is accurate and up-to-date. In that regard, we invite you to contact us to update your information if it changes, such as your email address, so that you can continue to receive information from us that you have requested. Cummins also has processes in place to fulfill its obligations relating to the individual rights of access, correction and objection. Individuals who would like to exercise those rights should contact us by emailing us at [email protected], or writing to us at Cummins Inc. Global Headquarters, 500 Jackson Street, Columbus, IN 47201. For updating your personal information in Cummins Power Suite™, you can do so via the Power Suite™ website (My Profile link) or by emailing us at [email protected].

Links to Other Websites

Our website may contain links to other websites that are not owned or operated by Cummins. You should carefully review the privacy policies and practices of other websites, as we cannot control and are not responsible for privacy policies or practices of third-party websites that are not ours.

Retention of Personal Data

Cummins retains personal information based on our legal and business needs, and then securely destroys the information.

Changes to This Privacy Policy

As we continue to provide additional services and as the privacy laws and regulations evolve, it may be necessary to revise or update our Privacy Policy. If we decide to change our policy, we will post those changes on our website, so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way the notification information that we have available. Users will have a choice as to whether or not we use their information in this different manner.

We will always use information in accordance with the privacy policy under which the information was collected.

Contact Us

If you have questions about Cummins’ Privacy Procedures or practices or believe that your information has been mismanaged, you can contact us by emailing us at [email protected], or writing to us at Cummins Inc. Global Headquarters, 500 Jackson Street, Columbus, IN 47201. Cummins has put in place a dispute resolution process for any privacy or security-related disputes, and does not retaliate against any individual who contacts us with a dispute that they believe to be legitimate. Individuals who believe that their dispute has not been resolved to their satisfaction by the company also have the right to file claims with the relevant oversight agencies for data protection.

If you have questions about Cummins Power Suite™ Privacy Procedures or practices, you can email us at [email protected].

© May 2019 Cummins Inc. All Rights Reserved.

E.U. - U.S. Privacy Shield Website Privacy Statement

This website Privacy Shield Notice is intended to inform you about Cummins Inc.’s adherence to, and compliance with, the E.U.-U.S. Privacy Shield framework as set forth by the U.S. Department of Commerce, with respect to the collection, use, and retention of personal information transferred from the European Union to the United States. For more information about the E.U.-U.S. Privacy Shield, or to view Cummins’ Privacy Shield certification, please visit https://www.privacyshield.gov/.

Scope: Cummins has certified to and confirmed its adherence to the Privacy Shield framework for human resource personal information pertaining to residents of the European Union (E.U.) and European Economic Area (E.D.) which is transferred to the U.S., in relation to Cummins’ business activities. Cummins limits the transfer of that information to the U.S. to situations where it has a legitimate business interest in transferring that information.

Third Party Transfers: Cummins entrusts certain personal information pertaining to E.U./E.D. individuals to third-party partners who assist with the company’s human resource activities, or who have regulatory or legal oversight responsibilities in relation to those activities. This may include, for example, organizations that assist with job applicant websites, immigration, or providing pensions or benefits to employees or retirees. In cases of onward transfers to third parties, Cummins shall remain liable under the Principles if its agents process such personal information in a manner inconsistent with the Principles, unless Cummins proves that it is not responsible for the event giving rise to the damage.

Disputes: In compliance with the Privacy Shield principles, Cummins has committed to cooperate with the E.U. data protection authorities (DNAs) regarding unresolved Privacy Shield complaints concerning the company’s human resource personal information. Individuals who believe their personal information has been mismanaged by Cummins in relation to the company’s Privacy Shield commitments have the right to contact the E.U. data protection authorities (DEAs) for more information or to file a complaint. The services of E.U. data protection authorities (DNAs) are provided at no cost to you. E.U. individuals with inquiries or complaints regarding the Privacy Shield policies or practices should first contact Cummins at:
Email: [email protected]

Mail Address: Cummins Inc., Law Department – Privacy Shield Team, 301 East Market Street, 5th Floor, Indianapolis, Indiana USA 46204

Barring any unforeseen circumstances, Cummins will respond to the individual submitting the grievance within forty-five (45) days of receipt.

Regulatory Oversight and Enforcement: Cummins is subject to investigatory and enforcement authority of the U.S. and E.U. agencies who oversee the Privacy Shield framework, namely the U.S. Federal Trade Commission and the relevant European data protection authorities. Individuals also have a right to file a complaint with those oversight agencies, particularly in the event that the individual is not satisfied with the resolution of the matter by the company.

Right to Binding Arbitration: Under limited circumstances and in accordance with the Privacy Shield framework, E.U./E.D. individuals can also seek binding arbitration before a Privacy Shield Panel.

Rights of Individuals to Access Their Data: E.U./E.D. individuals have the right to access personal information about them, and to limit use and disclosure of their personal information. In certain situations, such as where the data is incorrect or was collected inappropriately, the individuals also have the right to request amendment or erasure of their data. Cummins committed to respect and uphold those rights. Should you wish to exercise those rights, you may contact us by writing to us at 301 East Market Street, 5th floor, Indianapolis, Indiana USA 46204, or emailing us at: [email protected]. Please note that there are certain limitations on these rights, as described in the Privacy Shield framework.

Law Enforcement Requests: Cummins may be required to disclose personal information in response to lawful requests by public authorities, including compliance with national security or law enforcement requirements.

Conflicts: If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles will govern.

Updates: This Policy may be updated from time to time, such as in relation to modifications to the Privacy Shield framework, regulatory expectations, or changes within Cummins. These changes will not adversely impact the Privacy Shield protections that have been put in place by Cummins.

Effective: August 30, 2017. Copyright 2017

Cummins Power Suite™ Terms of Use

Notice: Please read this document carefully before using this web site. Do not use this web site if you do not agree with the terms and conditions present in this document. Use of this web site signifies compliance with Cummins Power Suite™ Terms of Use

Site Usage

Cummins Inc. (its subsidiaries, joint ventures and affiliates, and also its authorized distributors) authorize you to view and download designated electronic information at this Web site ("Site"). This electronic information ("Cummins Information") may consist of software, technical information, product literature, and other materials. You must retain all copyright, trademark, and other proprietary notices present in the original Cummins Information and on any copies of the Cummins Information. You may not modify the Cummins Information obtained from this Site in any way or reproduce or publicly display, transmit, or distribute or otherwise use the Cummins Information for any commercial purpose. For purposes of these Terms, any use of the Cummins Information on any other Web site or networked computer environment (including but not limited to posting of Cummins Information on a local Intranet or Extranet) for any purpose is prohibited without the express written permission of Cummins. The Cummins Information at this Site is copyrighted and any unauthorized use of any Cummins Information located at this Site may violate copyright, trademark, and other laws. If you fail to comply with these terms your authorization to use this Site automatically terminates and you must immediately destroy any Cummins Information obtained from the site.

Appropriate, Ethical and Legally Compliant Use

By using this Site, you agree not to disrupt or interfere with the security of, or otherwise abuse, the Web site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites; (b) not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites; (c) not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files; (d) not to use or attempt to use another's account, service or system without authorization from Cummins or create or use a false identity on this Site; (e) not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (f) not to divulge your username and password to others either on or off the Site; (g) not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; and, (h) otherwise comply with all laws and requirements for use of this Web site, including those that apply to the data that it contains.

Catalog Information

The catalog information is furnished for the convenience of our customers and is accurate as possible. However, the manufacturer makes no guarantee, either expressed or implied, as to its accuracy or availability of listed products. All other specifications and application information are taken from authoritative information. Every attempt has been made to supply original factory installation information. Many manufacturers offer options on specific models; manufacturers may make production line changes on a model during the production year; owners may modify equipment. Cummins is not responsible for misapplications.

Intellectual Property

The names, images and logos identifying Cummins, or third parties and their products and services are subject to copyright, design rights and trademarks of Cummins and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trademark, patent, design right or copyright of Cummins, or any other third party.

User Submissions

Any material, information or idea you transmit to or post on this Site by any means (including, but not limited to e-mails sent to Cummins using links provided in this site) will be treated as non-confidential and non-proprietary, and may be disseminated or used by Cummins or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. The user may not post any material that violates copyright, trademark, or other proprietary rights (including rights of publicity and privacy). The user will indemnify Cummins for any and all damages resulting from the user's actions or postings that violate any of these policies. Cummins reserves the right to prohibit further postings by any user for violation of these standards.

Links To Other Web Sites

Links to third party Web sites from this site must be specifically approved in advance by Cummins. You are not authorized to link any other Web site without our approval. Any approved links to Web sites not maintained by Cummins are provided solely as a convenience to our customers and visitors. If you use these links, you will leave this Site. Cummins does not control and is not responsible for any of these sites or their content. Cummins does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.

Disclaimer

The tools, materials and information provided on the Site are provided "as is" without any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Cummins further does not warrant the accuracy and completeness of the tools, materials or information on the Site. Cummins may make changes to the tools or materials on this Site, or to the products and prices described in them, at any time without notice. The tools, materials or information on this Site may be out of date, and Cummins makes no commitment to update the tools or materials on the Site. Information published on the site may refer to products, programs or services that are not available in your country or local area. Consult Cummins directly for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability

IN NO EVENT SHALL CUMMINS, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES AND THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE TOOLS, MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE TOOLS, MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE TOOLS, DATA AND INFORMATION PRESENTED ON THIS WEB SITE ARE BELIEVED TO BE ACCURATE BUT SHOULD NOT BE RELIED UPON BY THE USER FOR ANY PURPOSE. ANY AND ALL LIABILITY FOR THE CONTENT OR ANY OMISSIONS FROM THIS WEB SITE, INCLUDING ANY INACCURACIES, ERRORS, OR MISSTATEMENTS IN SUCH TOOLS, DATA OR INFORMATION IS EXPRESSLY DISCLAIMED. CUMMINS DISCLAIMS ANY LIABILITY FOR USE OF CUMMINS PRODUCTS IN APPLICATIONS OTHER THAN THOSE FOR WHICH THEY ARE DESIGNED.

Applicable Laws

This Site is administered by Cummins based in Columbus, Indiana. Cummins makes no representation that tools or materials on the Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials on the Site or any copy or adaptations in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any principles of conflicts of laws.

General

Cummins reserves the right to modify these Terms at any time. The terms on this page are binding upon you, therefore, you should review them often and keep a printed copy for your records. Terms listed in this document may be superseded by specific terms elsewhere on the site.

Order Forms, Registration Forms, and E-mail

The Site uses forms to generate e-mails, which are then used to submit order inquiries, submit registration information, and other business processes. Cummins explicitly states that these forms do not constitute any agreement between Cummins and the person submitting the form. Cummins expressly disclaims any and all liability whatsoever in relation to the delivery and processing of these forms. If your need is urgent, please contact Cummins directly via telephone. E-mail that is sent to Cummins is transmitted via the Internet. Cummins is not responsible for any delays caused due to problems with the delivery of, processing of, or the security and privacy of Internet e-mail.

Privacy Policy

Cummins values your privacy. We will not resell any of your information. We may use cookies to determine your usage of the website. We may share your personal information with our subsidiaries, joint ventures, affiliates, authorized distributors and other business partners, to the extent that they are assisting Cummins in fulfilling your request or providing products or services to our customers. We will use any project information you give us to suggest products and in aggregate with project information from other users for analysis in identifying trends to help us provide better products and service. Only with your express consent will we disclose, process, transmit or re-use your project information within our Cummins group of companies and our distributors to provide better customer support. We may contact you from time to time regarding special offers, promotion, new product information and services.

By using this Site, you signify your assent to the Cummins Privacy Policy. If you do not agree to this policy, please do not use our website. We reserve the right, at our discretion, to change, modify, add, or remove portions of this policy at any time. Please check this page periodically for changes. Your continued use of the Cummins website following the posting of changes to these terms will mean you accept those changes.

Updated May 2019

Cookies Website Notice and Disclosure Statement

This Website Notice and Disclosure Statement applies to websites that are owned or operated by Cummins Inc. as well as its subsidiaries, joint ventures, affiliates, and any authorized distributors. It is intended to inform you about Cummins’ use of cookies, analytics and other web technologies on its websites, as well as your options for rejecting the use of those items.

What are cookies?

Cookies are small pieces of data sent from a website and stored on a user's web browser. When the user browses the same website in the future, the cookie notifies the website of the user's previous activity. Cookies do not harm your computer in any way, and some are automatically deleted after a certain period of time, such as six months.

Does Cummins use cookies on its websites?

Yes. Like virtually all websites, we use certain types of cookies on our sites. This allows us to collect non-personal information through a variety of technologies. This helps us identify visitors who return to our site and tells us such things as how many users visited our site, the pages that were accessed, and whether there were any technical problems in loading pages or navigating through our site. By collecting this information, we learn what parts of our sites are the most interesting or valuable to our users, and can monitor overall interest in our websites. It also lets us spot technical problems with our site so we can correct them right away. This, in turn, helps us upgrade our websites and improve our offerings for our visitors.

Am I required to accept cookies to use the Cummins websites?

No. You can disable the use of cookies by websites including ours by turning off the cookie function on your browser. However, some portions of our site as well as most other sites, will not work properly if you choose to do so. For example, if you choose to purchase something through our site or put in a password to access a restricted area, you will not be able to do so unless the site can authenticate you through cookies.

What information do you receive about me through cookies?

There are four general categories of cookies that are used on websites:
 

• Strictly necessary (or essential) cookies. These cookies are essential in order to enable you to move around a website and use its features, such as services you have asked for. Without these cookies, those services would not be available to you. This includes, for example, browsing as a registered user, accessing secure areas of the site, or making a purchase through the site. Like all public websites, our site uses strictly necessary cookies.
• Performance cookies. These cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how the website works. Like virtually all websites, we use performance cookies on our sites.
• Functionality cookies. These cookies allow the website to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. This allows you to have a better experience while using the site. The information these cookies collect may be anonymized and they cannot track your browsing activity on other websites. Like virtually all websites, we use functionality cookies on our sites.
• Targeting or advertising cookies. These cookies collect information about your browsing habits in order to make advertising relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They are usually placed by advertising networks with the website operator’s permission. They remember that you have visited a website and this information is shared with other organizations such as advertisers. Quite often targeting or advertising cookies will be linked to site functionality provided by the other organization. Cummins does not use advertising cookies on its websites and does not allow third parties to use those types of cookies on its sites.

What happens if I choose not to disable cookies on my computer?

Unless you disable such technologies, by using our website and online services, you agree that we can place these types of cookies and related technologies on your device.

What are web beacons?

Some types of cookies collect aggregate information which helps us to improve our websites by providing information, for example, on loading errors and the most visited webpages. Certain pages on our site may contain web beacons (also known as Internet tags, pixel tags and clear GIFs). We use web beacons to help display content to visitors and to generate statistics regarding web traffic and trends. Web beacons cannot identify you as an individual.

What are advertising cookies?

Advertising cookies are cookies that target an individual to purchase certain items based upon their web browsing practices. For example, if you browse golf clubs on the web, and if the websites that you use (or the search engine) has installed advertising cookies, you may see pop-up ads for other sites that sell golf products or have content relating to golf. Cummins does not use advertising cookies on its websites and does not allow third parties to use those types of cookies on its sites.

How do I opt-out (withdraw consent) to your use of cookies or similar web technologies?

You may opt out of our use of cookies as follows: 
You can set your web browser to prevent the use of cookies. If so, you can still browse our site but may not be able to use many of its features or make purchases.

Does Cummins permit third parties to install cookies or similar web technologies on its websites?

As a general rule, we do not permit any third parties (such as advertisers) to install cookies on our websites or engage in behavioral advertising. However, on some of our websites, such as our social networking pages, it is possible that individuals have uploaded third party content, such as videos from YouTube or elsewhere, or embedded content and sharing tools from other third-party sites. Since we do not control the dissemination of cookies by any sites that are not owned or operated by Cummins, you should check the relevant third-party website(s) for more information about these cookies, and whether and how you may opt out of receiving them. Generally speaking, however, you may disable third party cookies by adjusting your browser settings. Instructions may be found at www.aboutcookies.org.