- Effective Date: May 15, 2020
- Last revised: April 29, 2020
Introduction and Scope
This Komatsu privacy statement describes the types of information that Komatsu America Corp., Komatsu Mining Corp. and other Komatsu affiliates (“Company,” or “We”) may collect from you or that you may provide when you visit the websites or mobile applications where this privacy statement is posted. (collectively the “Websites”) This privacy statement includes our practices for collecting, using, maintaining, protecting and disclosing that information.
This statement applies to information we collect:
- On our Websites
- In e-mail, text and other electronic messages between you and our Websites
- Through mobile and desktop applications, if available, you download from our Websites or mobile application stores, which provide dedicated non-browser-based interaction between you and our Websites
- When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this statement
It does not apply to information collected by:
- us offline or through any other means, including on any and all websites that are not operated or controlled by the Company or our affiliates; or
- any third party (including, for example, YouTube, Facebook, Twitter, etc. ), including through any application or content (including advertising) that may link to or be accessible from or on the Websites
Please read this statement carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use our Websites or provide information to the Company. By accessing or using our Websites, you agree to this privacy statement. This statement may change from time to time. Your continued use of our Websites after we make changes is deemed to be acceptance of those changes, so please check the statement periodically for updates. As noted in our Terms of Use Agreement, the Company is headquartered in the United States of America (“U.S”). We make no representation that we will comply any privacy laws other than the laws of the U.S. If you expect the laws of any country other than the U.S. to apply, you should not provide us information or use our Websites.
Children’s Privacy
Our websites are not directed to children under the age of thirteen and we do not knowingly collect information from children under the age of thirteen on our Websites. If we become aware that we have inadvertently received information from a visitor under the age of thirteen, we will delete the information from our records.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Websites, including information:
- by which you may be personally identified, such as first name, last name, postal address, e-mail address, or telephone number (“personal “)
- that is about your work-related activities but individually does not identify you, such as your job title or work email address
- about your Internet address and/or connection, the equipment you use to access our Websites and usage details
We collect this information:
- Directly from you when you provide it to us
- Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies
- From third parties, for example, our business partners
Information You Provide To Us
The information we collect on or through our Websites may include:
- Information that you provide by filling in forms or dialog boxes on our Websites. This includes information provided at the time, as applicable, of registering to use our Websites, subscribing to our services, posting material, initiating a business transaction, requesting a quote, reviewing our online catalogs, or requesting services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Websites
- Records and copies of your correspondence (including e-mail addresses), if you contact us
- Your responses to surveys that we might ask you to complete for research purposes
- Details of transactions you carry out through our Websites and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Websites
- Your search queries on the Websites
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Websites, or transmitted to other users of the Websites or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Websites with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Usage Details, IP Addresses, Cookies and Other Technologies
As you navigate through and interact with our Websites, we may automatically collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to our Websites, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Websites
- Information about your computer and Internet connection, including your IP address, operating system, and browser type
The navigation information we collect helps us, among other things, to improve our Websites and to deliver a better and more personalized service by enabling us to:
- Estimate our audience size and usage patterns
- Store information about your preferences, allowing us to customize our Websites according to your individual interests
- Speed up your searches
- Recognize you when you return to our Websites
The technologies we use for this automatic data collection may include:
- Cookies (or browser cookies): a cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Websites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Websites
- Flash Cookies: certain features of our Websites may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Websites. Flash cookies are not managed by the same browser settings as are used for browser cookies
- Web Beacons: pages of our the Websites and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity)
Third-Party Advertiser Use of Cookies and Other Tracking Technologies
Some advertisements on the Websites may be served by third-party advertisers, ad networks, and ad servers. These third parties may use cookies alone or in conjunction with other tracking technologies to collect information about our users. This may include information about users’ behavior on this and other websites to serve them interest-based (behavioral) advertising. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement, you should contact the responsible advertiser directly.
How We Use Your Information
We may use information that we collect about you or that you provide to us, including any personal information:
- To present our Websites and their contents to you
- To provide you with information, products, or services that you request from us
- To fulfill business transactions initiated by you and for any other purpose for which you provide your information
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection
- To notify you about changes to our Websites or any products or services we offer or provide though it
- To allow you to participate in interactive features on our Websites
- In any other way we may describe when you provide the information
- As otherwise permitted by law
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box (if provided) located on the form on which we collect your data or adjust your user preferences in your account profile.
In addition, we may transmit the information we collect on our Websites to other countries where we do business, including for websites accessed in the European Union, to the US, but we will do so only for the purposes described herein.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose information, including personal information, that we collect or you provide as described in this privacy statement:
- To our subsidiaries and other affiliates
- To contractors, service providers
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s or our affiliates’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which information held by the Company about our Websites users is among the assets transferred
- To third parties to market their products or services to you if you have consented to/not opted out of these disclosures
- To fulfill the purpose for which you provide it
- For any other purpose disclosed by us when you provide the information
- With your consent
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way.
We may also disclose your information, including personal information:
- To comply with any court order, law or legal process, including responding to any government or regulatory request
- To enforce or apply our terms of use and other agreements, including for billing and collection purposes
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our affiliates, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction
Choices About How We Use and Disclose Your Information
We may provide you with choices regarding the information you provide to us. We may use mechanisms to provide you with the following control over your information:
- Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly. We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
Your California Privacy Rights
If you are a California resident, you may also have additional privacy rights under the California Shine the Light law (Civil Code Section § 1798.83) and the California Consumer Privacy Act (“CCPA”) (Civil Code Section § 1798.100).
The Shine the Light law permits users of our Website and/or our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please submit a request at www.komatsuamerica.com/compliancehotline using the “Ask A Question” feature or call 800.461.9330.
To learn more about your California privacy rights under the CCPA, please visit https://www.komatsupress.com/about-komatsu/privacy-notice-for-california-residents/.
Mobile Devices
What information we collect
- We only collect personal information that you specifically share with us. For example, some of our services may ask for this type of information so that we can contact you at your request. We will not collect your personal information via any of our mobile applications for a purpose that you would not reasonably expect without providing you just-in-time notice of: 1) the categories of personal information being collected, and 2) a link to a full notice that provides further information regarding our collection.
- If you use any location-enabled products, you may be sending us location information. We do not store or use this information other than to provide the service you requested. Location-enabled features are opt-in on your mobile device. You can have control over your participation and can turn these services off at any time
- Web-enabled mobile applications may use cookies or web beacons or other methods to customize your browsing experience
- Some mobile applications may use Google Analytics (or similar tools) to help us better serve our customers through improved products, services, and revisions to the mobile applications. This collected information does not identify you to the Company. It may, however, let us know anonymously which services and features you are using most within the application, as well as device type and hardware features, country, and language of downloads
- Use of third-party services such as social sharing sites (e.g. Facebook and Twitter) is governed by the privacy practices of those services
How we use collected information
- We use the information to personalize your experience with the application and to improve your relationship with the Company through the development of new products, services, and features
- We use the information to provide customer support and, where applicable, register and administer your account
- We may use the information to contact you about updates to our service
- How we share information
We do not share any collected information with third parties, with the following exception:
- We may provide some data to third-party partners that are providing services essential to your mobile user experience, e.g. the mobile app developer
We have implemented reasonable, but not infallible, security measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Any personal information provided may be encrypted using SSL technology or other technology.
However, the safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Websites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Websites like message boards. The information you share in public areas may be viewed by any user of the Websites.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we take reasonable steps to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Websites. Any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy statement on this page with a notice that the privacy statement has been updated on the applicable Website home page.
As state specific consumer data privacy laws begin take effect, we will update this statement to include easily accessible links to state-specific privacy notices, similar to how we have included “Your California Privacy Rights” above. We encourage our customers and other visitors to our Websites to frequently check this statement for updates and to visit our state-specific privacy notices for information on additional privacy rights you may have.
How to Contact Us and Update Your Information
If you have any questions or comments about this Privacy Statement or if you would like us to update information we have about you or your preferences, please do not hesitate to contact us using information available at https://www.komatsuamerica.com/contact-us.
