Last Updated: December 19, 2024
This Privacy notice for California residents (the "Notice") supplements the information contained in our ("Company", "we") Privacy statement and applies solely to the personal information we collect and process about residents of the State of California ("consumers" or "you" herein). We (including our subsidiaries) adopt this notice to comply with the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (CPRA), and the implementing regulations issued thereto (collectively, the "CCPA"). Any terms defined in the CCPA have the same meaning when used in this Notice.
This Notice does not address or apply to our handling of publicly available information made lawfully available by state or federal governments or other personal information that is subject to an exemption under California privacy laws.
Our collection, use and disclosure of personal information about California consumers will vary depending upon the circumstances and nature of our interactions or relationship with you. The table below sets out generally the categories of personal information (as defined by the CCPA) about California residents that we may collect and disclose to others for a business purpose or commercial purpose. In addition to the categories of third parties set forth below, we may disclose personal information to our vendors and services providers and others where required by applicable law, as well as to your company or employer on whose behalf you interact with Komatsu or the Services.
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Categories of Personal Information Collected |
Categories of Third Party Disclosures |
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Identifiers: Such as your name; business or personal address, email address, phone number and other contact information; account name/user ID; IP address and online identifiers; and other unique identifiers. |
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In limited circumstances, we may also collect Social Security number, driver's license number, passport number, tax ID and other government identifiers (such as where necessary to verify identity or comply with our legal obligations). |
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B. Categories of personal information described in Cal. Civ. Code § 1798.80: Other Personal Information such as your telephone number, and bank account information, credit card number; account name, user ID, contact information, education and employment information; account number and financial or payment information; other information that individuals provide us in order to purchase or obtain our products and services o register for a Komatsu account |
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C. Characteristics of classifications protected by California and federal law: Such as your age, race, color, national origin, citizenship, religion, physical or mental disability, sex, gender, and sexual orientation. |
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D. Internet or network activity information: Such as your browsing history, information on your interaction with a website, application, or advertisement, including clickstream data, search history, and information regarding interactions with our Sites, Services or advertisement, and other usage data related to your use of any of our Sites or Services. |
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E. Commercial information: Such as records of products or services purchased or consuming histories or tendencies.: |
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F. Geolocation data: Such as your physical location or movements (including information from Komatsu equipment). |
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G. Audio, visual and other electronic data: Includes audio, electronic, visual, thermal, olfactory, or similar information, such as CCTV footage (e.g., collected from visitors to our [stores/offices/premises], photographs and images (e.g., that you provide us or post to your profile) and call recordings (e.g., of customer support calls). |
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H. Professional and employment information: Includes professional and employment-related information (such as current and former employer(s) and position(s), business contact information and professional memberships). |
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I. Education information: Includes non-public information about an individual's educational history, [such as the schools attended, degrees you were awarded, and associated dates]. |
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J. Sensitive Personal Information such as government-issued identifying numbers (e.g. driver's license, passport, or SSN); financial account details that allow access to an account, such as credit card number or access code, genetic data, precise geolocation, race/ethnicity, union membership, contents of user's mail, email or text messages, biometric data, health data, sexual orientation. |
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Sales and sharing. California privacy laws define a "sale" as disclosing or making available to a third-party personal information in exchange for monetary or other valuable consideration, and "sharing" includes disclosing or making available personal information to a third party for purposes of cross-context behavioral advertising. While we do not disclose personal information to third parties in exchange for monetary compensation, we may "sell" or "share" (as defined by the CCPA) Identifiers, Customer Records, Commercial Information, and Usage Data to analytics providers analytics providers. We do not sell or share sensitive personal information, nor do we sell or share any personal information about individuals who we know are under sixteen (16) years old.
We obtain the above categories of personal information from consumers and the following categories of sources:
as described in more detail in the Komatsu privacy statement available at https://www.komatsu.com/en/privacy-statement/ we may use or disclose the information we collect for one or more of the following business purposes or as otherwise directed or authorized by you:
Sensitive personal information. Notwithstanding the purposes described above, we do not use or disclose sensitive personal information beyond the purposes authorized by the CCPA. Accordingly, we only use and disclose sensitive personal information as reasonably necessary (i) to perform our services requested by you, (ii) to help ensure security and integrity, including to prevent, detect, and investigate security incidents, (iii) to detect, prevent and respond to malicious, fraudulent, deceptive, or illegal conduct, (iv) to verify or maintain the quality and safety of our services, (v) for compliance with our legal obligations, (vi) to our service providers who perform services on our behalf, and (vii) for purposes other than inferring characteristics about you.
Data retention
We will retain your personal information for a reasonable period of time taking into account the purposes for which the collection occurred, as stated in this Privacy Policy, and our internal procedures, unless otherwise extending the retention period is required or permitted by law. The data storage period may vary with scenario, product, and service. The standards we use to determine the retention and deletion periods are as follows:
California residents have the following rights (subject to certain limitations) under the CCPA:
Exercising your rights. To exercise the limitation, access, rectification, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
Your verifiable consumer request must:
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.
We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
For instructions on how an authorized agent can make a request under the CCPA/CPRA on the consumer's behalf, please contact us at the toll-free number above.
Requests to opt-out of sales and sharing. California residents may submit requests to opt out of "sales" and "sharing" (e.g., targeted advertising) of their personal information via our cookie preference manager for cookie related sales and sharing, and online by submitting a opt-out of sale and sharing request via the Compliance Hotline using the "Ask A Question" feature. In addition, our website responds to global privacy control-or "GPC"-signals, which means that if we detect that your browser is communicating a GPC signal, we will process that as a request to opt that particular browser and device out of sales and sharing (i.e., via cookies and tracking tools) on our website. Note that if you come back to our website from a different device or use a different browser on the same device, you will need to opt out (or set GPC for) that browser and device as well. More information about GPC is available at https://globalprivacycontrol.org/.
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA/CPRA rights. Unless permitted by the CCPA/CPRA, we will not:
We reserve the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, we will post the updated notice on the Website and update the notice's effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
If you have any questions or comments about this notice, the ways in which we collect and use your information described below (and in the Privacy Statement), your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us by submitting a request via our Compliance hotline.