Legal Documents

This Legal Notice and Disclaimer (“Disclaimer”) applies to all media representations, including but not limited to photographs, videos, brochures, website content, and other communications, published or distributed by BG & Company B.V., trading as The Train Company, and its subsidiary The Train Company USA Inc. (collectively “TTC,” “we,” or “us”). By accessing or using the website located at thetraincompany.com (the “Website”) or engaging with any materials published by TTC, the visitor (“Visitor” or “you”) acknowledges and agrees to the terms set forth herein.

TTC is an authorized distributor of tourist train products manufactured by third-party manufacturers, including Deltrain SA (Sesimbra, Portugal). TTC is not a manufacturer. References to product development, design changes, or engineering updates reflect decisions made by the applicable manufacturer and do not imply that TTC controls or directs the manufacturing process.

The manufacturers whose products TTC distributes prioritize innovation and continuous improvement. As a result, cosmetic and technical modifications to train designs, features, specifications, and available options may be implemented by the manufacturer without prior notice. TTC shall have no liability arising from such modifications.

All photographs, videos, renderings, brochures, descriptions, specifications, and other materials provided on the Website or through any other media channel are intended solely for illustrative and informational purposes. While TTC makes reasonable efforts to ensure the accuracy of the information presented, these materials may not reflect the exact appearance, specifications, features, or options of the product as delivered. Certain features, configurations, or color combinations depicted may represent optional upgrades, customizations, or prior model years not included in current standard configurations.

No warranties, representations, or guarantees, whether express or implied, may be derived from photographs, videos, brochures, website content, or any other illustrative or promotional materials. Product warranties are governed exclusively by the applicable warranty documentation provided at the time of sale. For the most accurate and binding information regarding product specifications, designs, and available options, Visitors should consult directly with a TTC sales representative or refer to official order confirmations and contractual documents.

All content on the Website, including but not limited to text, graphics, logos, images, video, and software, is the property of BG & Company B.V. and/or The Train Company USA Inc. or their licensors and is protected by applicable copyright, trademark, and other intellectual property laws. “The Train Company” is a registered trade name of BG & Company B.V. No content from the Website may be reproduced, distributed, modified, or republished without prior written consent.

This Disclaimer shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws provisions. Any dispute arising under or in connection with this Disclaimer shall be subject to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida.

If any provision of this Disclaimer is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect.

For questions regarding this Disclaimer, contact The Train Company USA Inc. at sales@thetraincompany.com.

This Privacy Statement explains how BG & Company B.V., trading as The Train Company (Almere, The Netherlands), and its subsidiary The Train Company USA Inc. (Miami, FL 33131, United States) (collectively “TTC,” “we,” “us,” or “our”) process personal data. We are committed to handling your information with the highest level of security, transparency, and care. Questions or concerns may be directed to sales@thetraincompany.com.

TTC operates as a dual-entity structure:

• BG & Company B.V. (Almere, The Netherlands) — registered controller for EU-based data subjects under GDPR.
• The Train Company USA Inc. (Miami, FL 33131) — U.S.-based entity handling U.S. operations and data processing.

We act as joint controllers depending on your location and your interaction with our website or services.

TTC may collect the following categories of personal data:

• (a) Identity and contact information: name, business name, email address, phone number, mailing address, delivery address, and billing address.
• (b) Transaction and order information: order number, customer number, payment information, bank details, outstanding balances, invoice records, and complaint content.
• (c) Business identifiers: tax identification number, VAT number, COC number, state resale certificate number, and similar business registration details where applicable.
• (d) Website usage data: IP address, browser type, device information, pages visited, click behavior, and general geographic location as collected through cookies and similar technologies.
• (e) Communications data: content of emails, contact form submissions, and other messages directed to TTC.
• (f) CRM data: name, email, phone, location, order history, and communication records maintained for ongoing customer relationship management.

TTC uses personal data for the following purposes:

• (a) Order management and fulfillment: processing orders, coordinating delivery, managing invoicing, and handling payment. Legal basis: necessary for the performance of a contract.
• (b) Customer service and complaint handling: responding to inquiries, resolving complaints, and providing after-sale support. Legal basis: necessary for the performance of a contract.
• (c) Financial administration: maintaining accounting records, processing payments, and meeting tax and financial reporting obligations. Legal basis: legal obligation.
• (d) Customer relationship management: maintaining customer records, order history, and communication logs. Legal basis: legitimate business interest.
• (e) Marketing communications: sending newsletters, product updates, and promotional content. Legal basis: legitimate business interest. You may opt out at any time by using the unsubscribe mechanism in each communication or by contacting sales@thetraincompany.com.
• (f) Website analytics: analyzing website traffic and usage patterns to improve website functionality and user experience. Legal basis: legitimate business interest.
• (g) Market research and product development: analyzing customer data and market trends to inform product and service development. Legal basis: legitimate business interest.
• (h) Security and fraud prevention: protecting TTC systems, data, and operations from unauthorized access and fraudulent activity. Legal basis: legitimate business interest.

TTC obtains personal data through the following sources:

• (a) Directly from you: when you place an order, submit a contact form, request a consultation, subscribe to a newsletter, or communicate with us by email or phone.
• (b) Through your use of the Website: when cookies and similar technologies collect usage data as described in the Cookie Statement below.
• (c) From third-party sources: in limited circumstances, from trade show organizers, referral partners, or publicly available business directories, solely for the purpose of establishing business contact.

TTC may share personal data with the following categories of recipients, solely to the extent necessary for the purposes described in Section 4:

• (a) Service providers: payment processors, shipping and logistics carriers, email marketing platforms, website hosting providers, and CRM software providers. These providers are contractually obligated to use personal data only for services provided to TTC.
• (b) Affiliated entities: BG & Company B.V. and The Train Company USA Inc. share data as joint controllers where necessary for coordinated operations.
• (c) Manufacturer: Deltrain SA (Sesimbra, Portugal), to the extent necessary for warranty administration, product support, and order fulfillment.
• (d) Legal and regulatory authorities: government agencies, courts, or regulators when required by applicable law or enforceable governmental request.
• (e) Professional advisors: attorneys, accountants, and auditors subject to professional confidentiality obligations.

In the ordinary course of business, personal data may be transferred to and processed in countries outside your country of residence, including between the United States and The Netherlands (between the two TTC entities) and Portugal (in connection with Deltrain SA). Where such transfers involve personal data of EU residents, TTC ensures appropriate safeguards are in place, including Standard Contractual Clauses (SCCs) where applicable.

TTC retains personal data only for as long as necessary to fulfill the purposes for which it was collected, unless a longer retention period is required by law. The following general guidelines apply:

• (a) Transaction and financial records: retained for a minimum of seven (7) years following the transaction date, as required by applicable tax and accounting regulations.
• (b) Customer relationship data: retained for the duration of the active customer relationship and for a period of three (3) years following the last meaningful interaction, unless earlier deletion is requested.
• (c) Marketing data: retained until the individual opts out or requests deletion, whichever occurs first.
• (d) Website analytics data: identifiable usage data is retained for no longer than twenty-four (24) months; thereafter retained in anonymized or aggregated form only.
• (e) Communications data: retained for the duration of the customer relationship and for a reasonable period thereafter to resolve outstanding matters.

When personal data is no longer required, it is securely deleted or anonymized.

The Website uses cookies and similar technologies, including device fingerprinting. For detailed information about the cookies used, please refer to the Cookie Statement included in this document.

Depending on your jurisdiction, you may have the following rights regarding your personal data. TTC will respond to valid requests in accordance with applicable law.

• (a) Access: you may request confirmation of whether TTC processes your personal data and, if so, request a copy.
• (b) Correction: you may request correction of inaccurate or incomplete personal data.
• (c) Deletion: you may request deletion of your personal data, subject to legal retention obligations.
• (d) Restriction and objection: you may request restriction of processing or object to processing based on legitimate interests.
• (e) Data portability: where processing is based on consent or contract and carried out by automated means, you may request a structured copy of your data.
• (f) Withdraw consent: where processing is based on consent, you may withdraw that consent at any time without affecting the lawfulness of prior processing.
• (g) EU residents (GDPR): you may file a complaint with your national data protection supervisory authority.
• (h) California residents (CCPA): you have the right to know what personal data is collected, the right to request deletion, and the right to opt out of the sale of personal data. TTC does not sell personal data.

To exercise any of the above rights, contact sales@thetraincompany.com. TTC will respond to verified requests within thirty (30) days of receipt.

TTC implements reasonable administrative, technical, and physical safeguards to protect personal data against unauthorized access, alteration, disclosure, or destruction, including encryption, secure hosting, and access control. No method of transmission over the internet is completely secure. If you have reason to believe your personal data has been compromised, contact sales@thetraincompany.com immediately.

The Website and services offered by TTC are directed to businesses and individuals of legal age. TTC does not knowingly collect personal data from children under the age of sixteen (16). If TTC becomes aware that personal data has been collected from a child under sixteen, that data will be deleted promptly.

TTC may update this Privacy Statement from time to time to reflect changes in practices, legal requirements, or business operations. The updated Privacy Statement will be posted on the Website. TTC encourages Visitors to review this page periodically.

For questions, requests, or complaints regarding this Privacy Statement or the processing of your personal data, contact:

The Train Company USA Inc.
Miami, FL 33131
United States of America
Email: sales@thetraincompany.com

BG & Company B.V. (EU controller)
Almere, The Netherlands
Email: sales@thetraincompany.com

This Cookie Statement explains what cookies and similar technologies are used on the website located at thetraincompany.com (the “Website”), operated by BG & Company B.V., trading as The Train Company, and its subsidiary The Train Company USA Inc. (collectively “TTC,” “we,” or “us”). This Cookie Statement should be read together with our Privacy Statement above, which describes how we handle personal data collected through the Website.

Cookies are small text files placed on your computer, tablet, or mobile phone (“Device”) when you visit a website. Cookies allow the website to recognize your Device and store certain information about your preferences or past actions. When we refer to “cookies” in this Cookie Statement, we include comparable technologies such as web beacons, pixels, and device fingerprinting.

3.1 Strictly Necessary Cookies

These cookies are essential for the Website to function properly. They enable core functionality such as page navigation, access to secure areas, and form submissions. They cannot be disabled without affecting Website functionality.

3.2 Analytics Cookies

We use Google Analytics to understand how visitors use the Website. The following privacy measures have been implemented: (a) a data processing agreement has been executed with Google; (b) IP anonymization is enabled; (c) data sharing with Google for advertising purposes is disabled.

3.3 Social Media and Embedded Content

The Website includes share buttons and embedded content from Facebook, Instagram, LinkedIn, YouTube, and similar platforms. These third-party platforms may place their own cookies when you interact with embedded content.

3.4 Tracking and Advertising Cookies

We use third-party cookies to show personalized ads based on your visit to the Website. These cookies recognize your device when visiting other sites within the same ad network. We do not link this information to your identity or share it with other databases.

For information about how third parties whose services are embedded on the Website use cookies, consult their respective privacy policies:

• (a) Google / YouTube: https://policies.google.com/privacy
• (b) Meta (Facebook, Instagram): https://www.facebook.com/privacy/policy
• (c) LinkedIn: https://www.linkedin.com/legal/privacy-policy

You may manage cookies through your browser settings. Most browsers allow you to view, delete, and block cookies. Note that blocking certain cookies may affect Website functionality. Instructions for common browsers:

• (a) Chrome: Settings > Privacy and Security > Cookies
• (b) Firefox: Settings > Privacy and Security > Cookies and Site Data
• (c) Safari: Preferences > Privacy
• (d) Edge: Settings > Cookies and Site Permissions

Deleting or blocking cookies applies only to the specific Device and browser on which you perform the action. If you use multiple Devices or browsers, you must manage cookies separately on each.

TTC may update this Cookie Statement from time to time. The updated version will be posted on the Website with a revised effective date.

For questions about this Cookie Statement, contact:

The Train Company USA Inc.
Miami, FL 33131
United States of America
Email: sales@thetraincompany.com