Introduction
From this Data Notice you will find information relating to the Data Act (Regulation (EU) 2023/2854) and how our equipment and products generate and process data. We use this data e.g. for numerous data-based products and services that we provide to our customers. To continue benefiting from these offerings, we are required to agree on the terms on that data with you as the User. This will take place by concluding Data Annex which is an integral part of your customer agreement with Kalmar and will be concluded as part of such customer agreement or provided to you via MyKalmar portal. This Data Annex will enter into force on 12 September 2025.
In the following Kalmar Corporation together with its affiliated companies (together ‘Kalmar’ or ‘Data Holder’) presents to you information in accordance with Article 3 of the Data Act about product data that is generated through use of connected products and related services (‘Data’) and how you may access the Data.
Connected Product
The following categories of equipment are connected products (‘Connected Products’) of Kalmar within the meaning of the EU Data Act:
- Terminal Tractor
- Forklift Truck
- Reachstacker
- Empty Container Handler
- Straddle Carrier
- FastCharge
- Third Party Chargers
- AutoStrad
- Rail Mounted Gantry Crane
- Rubber Tyre Gantry Crane
- Ship to Shore Crane
- SmartPort
- Kalmar One Automation System
- Any other 3rd Party equipment connected to Kalmar Cloud
Information about the data types:
The Connected Products generate data about its:
- operational status
- performance metrics
- technical hash related to installation validity
- event logs of the machines
- telemetry data
- alarms
- event data
- data about container IDs
- drivers together with other optional data points are collected only if separately agreed with the User
Information about data formats:
- Generally the format for the above datatypes is TIC4.0 with Kalmar definitions
Estimated Volume:
The data volumes per data point vary from 1 to 15 Mb/day.
Kalmar’s Connected Products come in various versions and customization options. The general estimated volume of the data is dependent on the use of the product as well as the individual product parameters (e.g. version, equipment, type of use, modifications).
Data generated continuously and in real-time
The Connected Products are capable of generating data continuously and in near real time.
Data storage and intended duration of retention
The Connected Products are able to store data on a remote server. The data may be stored on-device storage only for temporary use. Data from Connected Products is retained as long as necessary for the purposes it was collected for, but no longer than 10 years, unless Kalmar is authorised to retain the Data for a longer period of time under the applicable law.
Kalmar is the holder of trade secrets contained in the Data generated by the use of Connected Product.
Related Service
The following service modules are related services (‘Related Service’) within the meaning of the EU Data Act:
- MyKalmar INSIGHT when containing modules considered as ‘Related Services’, and those will be separately agreed with the User;
- SmartPort when hosted by Kalmar (one or multiple software components) to actively report to terminal operating system (TOS) the container moves performed by manual container handling equipment outfitted with Process Automation Hardware Kit;
- Kalmar One Automation System when hosted by Kalmar (one or multiple software components) to actively control container handling equipment;
- and other services considered as Related Services within the meaning of the EU Data Act.
The Related Service collects the Data as follows:
- MyKalmar INSIGHT Related Services modules separately agreed with the User.
- SmartPort and Kalmar One provides logs about system events and associated operational activities. All related logs, messaging, etc. can be collected, but do not contain any user specific data. Listed data items are provided frequently and collected based on the configured interval (default: daily).
Kalmar is the holder of all trade secrets contained in the Data that is generated by the Connected Products or during the provision of the Related Service. Should the data include trade secrets, Kalmar obliges you or the data recipient to conclude a non-disclosure agreement and agree on additional security measures.
The User may access or retrieve the Data by creating a ticket via MyKalmar-portal.
Data is stored in Kalmar Cloud, and is retained as long as necessary for the purposes it was collected for, but no longer than 10 years, unless Kalmar is authorised to retain the Data for a longer period of time under the applicable law.
Purposes of Using the Data
Kalmar may use the Data for the following purposes:
- performing any agreement with the User or the company to which the User is affiliated to or activities related to such agreement (e.g. issuing invoices, generating and providing reports or analysis, financial projections, impact assessments, calculating staff benefit);
- providing support, warranty, guarantee or similar services or to assess User’s, Kalmar’s or third party’s claims (e.g. regarding malfunctions of the Connected Product) related to the Connected Product or Related Service;
- monitoring and maintaining the functioning, safety and security of the Connected Product or Related Service and ensuring quality control;
- improving the functioning of any product or related service offered by Kalmar;
- developing new products or services, including artificial intelligence (AI) solutions, by Kalmar, by third parties acting on behalf of Kalmar, in collaboration with other parties or through special purpose companies (such as joint ventures); and
- aggregating these Data with other data or creating derived data, for any lawful purpose, including with the aim of selling or otherwise making available such aggregated or derived data to third parties, provided such data do not allow specific data transmitted to Kalmar from the connected product to be identified or allow a third party to derive those data from the dataset.
Sharing the Data with Third Parties
Kalmar may share the Data with third parties the Data if the Data is used by the third party exclusively for achieving the purposes permitted under previous Section ‘Purposes of Using the Data’ or to the extent that has been agreed in a contract between Kalmar and the User, or the company with which the User is affiliated. In addition, the Kalmar may use processing services (e.g. cloud computing services, hosting services, or similar services) to achieve, for their own account and under their own responsibility, the agreed purposes under Section ‘Purposes of Using the Data’. Third parties may also use such services to achieve, for their own account and under their own responsibility, the agreed purposes under this Section.
User’s Rights
The User has a right to request access to Data, to ask Kalmar to share the Data with a third party, and, where relevant, end the Data sharing, by creating a ticket in the MyKalmar portal. If you already have an account, log in using your existing credentials. If you are a new user, please follow instructions here to create an account. Once logged in, create a ticket in the portal. You will be notified separately when your Data is ready. Please note that the Data access will only be available after 12 September 2025.
Please note that after receiving an access request to Data, or a request to share the Data with a third party, a separate agreement may be formed between Kalmar and the User, and where relevant, with the respective third party, on the conditions for access and use of Data. The duration of the agreement between Kalmar and the User or the company with which the User is affiliated, as well as the arrangements for terminating such a contract, are determined by the respective agreement.
The User has a right to lodge a complaint alleging an infringement of any of the provisions of EU Data Act with the competent authority designated pursuant to Article 37 of the EU Data Act.
Limitations to User’s Rights
The User is not entitled to:
- Use the data to develop a connected product that competes with Kalmar equipment, nor to share the data with a third party with that intent;
- Use such data to derive insights about Kalmar’s economic situation, assets, and production methods;
- Use coercive means to obtain access to data or, for that purpose, abuse gaps in Kalmar’s technical infrastructure designed to protect the data;
- share the data with a third-party considered as a gatekeeper under the Data Act (Art. 3);
- Use the data they receive for any purposes that infringe EU law or applicable national law.
Contact Information
The contact information of Kalmar are the following:
Kalmar Corporation
Itämerenkatu 25
00180 Helsinki, Finland
To receive more information, please contact Kalmar at privacy@kalmarglobal.com.