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:
It does not apply to information collected by:
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. and Canada. If you expect the laws of any country other than the U.S. or Canada to apply, you should not provide us information or use our Websites.
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.
We collect several types of information from and about users of our Websites, including information:
We collect this information:
The information we collect on or through our Websites may include:
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.
As you navigate through and interact with our Websites, we may automatically collect certain information about your equipment, browsing actions, and patterns, including:
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:
The technologies we use for this automatic data collection may include cookies and flash cookies, further information can be found in our Cookie Policy, and Web Beacons. Web Beacons are included on pages of our Websites and our e-mails and 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.)
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.
We may use information that we collect about you or that you provide to us, including any personal information:
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.
Ordinarily we ask for consent to collect, use or disclose personal information, except in specific circumstances where collection, use or disclosure without consent is authorized or required by law. We may assume your consent in cases where you volunteer information for an obvious purpose (such as applying for a position or purchasing equipment from us).
You may withdraw consent to the use and disclosure of personal information at any time, unless the personal information is necessary for us to fulfil our reasonable business or legal obligations. We will respect your decision, but we may not be able to provide you with certain services if we do not have the necessary personal information.
The purpose for collecting personal information is set out in this policy.
We ask for your express consent for some purposes and may not be able to provide certain services if you are unwilling to provide consent to the collection, use or disclosure of certain personal information. Where express consent is needed, we may ask you to provide consent orally (in person, by telephone), in writing (by signing a consent form), or electronically (by clicking a button).
In cases that do not involve sensitive personal information, we may rely on “opt-in” consent.
If you are accessing our Website from the UK, European Union or Canada you should be aware that we may transmit the information we collect on our Websites, including personal information, outside of your jurisdiction to Canada, the United States, the UK and the countries of the European Union where we do business, including to our service providers who may need to access, process or store your personal information, n, but we will do so only for the purposes described herein. When your personal information is used or stored in a jurisdiction outside of the one where you reside, it may be subject to the law of this foreign jurisdiction, including any law permitting or requiring disclosure of the information to the government, government agencies, courts and law enforcement in that jurisdiction.
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:
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:
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:
What information we collect
How we use collected information
How we share information
We do not share any collected information with third parties, with the following exception:
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.
Personal information will be retained only as long as necessary and will be disposed of in a manner that is appropriate to the sensitivity of the information. We render personal information non-identifying, or destroy records containing personal information once the information is no longer needed. We use appropriate security measures when destroying personal information, including shredding paper records and permanently deleting electronic records.
Personal information will be protected by security safeguards, appropriate to the sensitivity of the personal information.
Please note that we use cloud-based services to store information in the following jurisdictions: Canada, the European Union, the UK and the United States. Where personal information is stored or processed outside of the jurisdiction where you live, it is subject to the laws of that foreign jurisdiction, and may be accessible to that jurisdiction’s governments, courts, law enforcement, or regulatory agencies.
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.
If you have any questions or comments about this Privacy Statement, or you would like us to update information we have about you please submit a request to us at www.komatsu.com/compliance.
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”), as amended by the California Privacy Rights Act (“CPRA”) (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 Compliance hotline using the “Ask A Question” feature or call 800.461.9330.
o learn more about your California privacy rights under the CCPA/CPRA, please visit Privacy notice for California residents page.
If you would like us to update information concerning your receipt of commercial electronic messages and such preferences, or to learn more about our compliance with CASL please submit a request at Compliance hotline.
We will notify all required authorities including the Office of the Information and Privacy Commissioner of Canada, without delay, of a security breach affecting personal information if it creates a real risk of significant harm to individuals.
Inquiries or complaints concerning compliance with this Privacy Statement should be addressed, in writing, to the Komatsu Privacy Officer by submitting a request at Compliance hotline.
If you are not satisfied with the response from our Privacy Officer after making a complaint, you may have recourse to additional remedies under applicable privacy legislation. For further information, please contact the Federal Privacy Commissioner or your provincial Privacy Commissioner, as applicable.
Office of the Privacy Commissioner of Canada
30, Victoria Street
Gatineau, Quebec
K1A 1H3
Toll-free: 1-800-282-1376
Phone: (819) 994-5444
TTY: (819) 994-6591
If you have any questions or comments about this Privacy Statement, or you would like us to update information we have about you please contact [email protected]. For any regional enquiries, please refer to our Privacy Notices below.