DA #12381724 v4
Privacy Policy for Applications for
Construction, Mining, Forestry and other
Machinery
This privacy policy for Applications for Construction, Mining, Forestry and other
Machinery (this “Policy”) sets out our policies on the handling of information that
Komatsu Ltd. (“Company” or “we” as the case may be) may acquire from the persons
who have entered into a license agreement with respect to the applications for which
the Company licenses the use and are listed at the end of “TERMS OF USE_FOR
APPLICATIONS FOR CONSTRUCTION, MINING, FORESTRY AND OTHER
MACHINERY” which have been established by the Company (said person shall be
referred to as the “User” and said application shall be referred to as the “Application”).
This Policy shall be applied in addition to the "Global Privacy Policy", "Personal
Information Protection Policy" and other policies with respect to personal information
which are separately established by the Company (hereinafter collectively referred
to as the "Common Policy" excluding this Policy). If there is a conflict between the
Common Policy and this Policy, this Policy shall prevail with respect to the use of the
Application.
1. Definition
In this Policy, “Personal Information,” “Personal Data,” and other words that have
definitions in the Act on the Protection of Personal Information （Act No. 57 of 2003,
hereinafter the “Act”）has the meaning defined in the Act.
2. Information collected and its purpose of use
The Company may acquire, or may acquire in the future, the information listed in the
each row of the following table on the occasions set in the each row of the following
table for the purpose of use set in the each row of the following table.
User information
Occasions we
acquire
Purpose of use
name, e-mail address, country of
residence, language, year/month/date
of birth, profile image
When
User
registers
as a user
of the
Application
⚫ To provide
our services
and after
sales
services
⚫ To improve
our
services,
after sales
services
and
products,
and to
develop
new
services,
after sales
services
and
products
User information
Occasions we
acquire
Purpose of use
company name, company location,
group name within the company, name
of target work/role, name of person
performing specific work
When
User use
the
Application
⚫ To provide
our services
and after
sales
services
⚫ To improve
our
services,
after sales
services
and
products,
and to
develop
new
services,
after sales
services
and
products
User information
Occasions we
acquire
Purpose of use
Location data, Precise location with
User’s approval (latitude/longitude),
Coarse location data (estimated from
IP address, etc.)
When you
use our
services
⚫ To provide
our services
and after
sales
services
⚫ To improve
our
services,
after sales
services
and
products,
and to
develop
new
services,
after sales
services
and
products
3. Provision of Personal Data to Third Parties, etc.
3.1 Provision of Personal Data to Third Parties
The Company will not provide User’s Personal Data to a third party
except for the cases set forth below:
1. upon User’s prior approval;
2. cases based on laws and regulations;
3. cases in which there is a need to protect the life, well-being, or
property of an individual, and it is difficult to obtain User’s
consent;
4. cases in which there is a special need to improve public well-
being or promote healthy child development, and it is difficult to
obtain User’s consent; or
5. cases in which there is a need to cooperate with a national
government organ, local government, or person entrusted
thereby with performing the functions prescribed by laws and
regulations, and obtaining User’s consent is likely to interfere
with the performance of those functions.
3.2 Entrustment of the Handling of Your Personal Data
In order for the operation of our services and within the scope necessary
for achieving the purpose of use, the Company may entrust the handling
of User’s Personal Data to a third party.
3.3 Joint Use of the Personal Data
The Company will jointly use User’s Personal Data according to the
following:
6. Details of Personal Data that are jointly used
User’s information prescribed in Section 2. “Information
collected and its purpose of use”
7. Purpose of use of Personal Data that are jointly used
The purpose of use prescribed in Section 2. “Information
collected and its purpose of use”
8. The extent of the joint users
Group companies of the Company, outsourcing and tie-up
companies that engage in operations such as sales, service and
rental
9. The person responsible for managing the jointly-used Personal
Data
Komatsu Ltd.
3.4 External websites
For the handling of Personal Data in external websites or services
linked by the Company’s website or the Company’s services, please
look at privacy policies in such websites or services.
3.5 Utilization of Google Analytics
The Company may use Google Analytics, one of the services of Google
LLC (“Google,”) to measure the frequency or other status of User’s
usage of the Company’s websites or services for their improvements
and updates. For this reason, Google Analytics collects anonymous
traffic data, which will not identify the User. For the information that
Google Analytics collects and its handling, please access Google’s
Privacy Policy and its webpage on “Google’s use of information
collected from websites and apps which use Google service.”
（www.google.com/intl/jaen/policies/privacy/partners/）
3.6 Collection of User’s information by third parties
With regard to the collection of User’s information by third parties, the
Company disclose the related information as follows.
Third party
collecting
information
The purpose
of collecting
information
Opt-out of the collection and
other information
Google
Analytics
Analyzing
User’s
access
history in
order to
improve
the
Company’s
services
✓ service website
✓ privacy policy
✓ opt-out
4. Measures for Managing the Security of Personal Data
The Company will take the necessary and appropriate measures for managing the
security of Personal Data, including preventing the leaking, loss, or damage of the
Personal Data the Company handle. For details of those measures, please contact
the inquiry form set out in the last part of this Policy.
5. Procedures of disclosures, rectifications, etc.
When the Company receives a request from User or User’s agent for notification of
the purpose of use, disclosure, rectification or deletion, suspension of use, or
provision to third parties of your Personal Data retained by the Company, the
Company will respond to that request according to applicable laws and ordinances.
For these requests, please contact the inquiry form set out in the last part of this
Policy.
6. Revisions of Policy
The Company may revise the provisions of the Policy. The changes will be disclosed
and notified to User by the means designated by the Company.
7. About the Company
The Company’s corporate name, address, and the name of our representative
director are as follows.
Komatsu Ltd.
2-3-6, Akasaka, Minato-ku, Tokyo 107-8414 Japan
Representative Director: Hiroyuki Ogawa
[Temporary relocation of headquarters]
Relocation period: January, 2024 – December, 2026 (planned)
Location: Shiodome Building, 1-2-20, Kaigan, Minato-ku, Tokyo
8. Inquiry
For requests on Personal Data with respect to the Application handled by the
Company, and other inquiries relating to this Policy, please contact the Company via
the contact form in https://www.komatsu.jp/en/inquiry
Exhibit 1 - Applicable to Brazil
For Brazil, data protection matters will be analyzed under the Brazilian General Data
Protection Law (Law N. 13,709/18 or “LGPD”) and the specific items will apply, as
described below.
It should be noted that, for Brazilian purposes, Komatsu Brasil Internacional LTDA,
a company registered in the Taxpayer’s Registry (“CNPJ”) under N.
02.336.124/0001-78 may also act as a controller with Komatsu Ltd.
1. Definition
In this Policy, “Personal Data”, and other words that have definitions in the LGPD
has the meaning defined in the LGPD.
2. Provision of Personal Data to Third-parties etc.
Item 3.3. of the Privacy Policy does not apply to Brazil.
3. Personal Data of Minors
For the purposes of this Policy, personal data from people under the age of eighteen
will not be processed.
4. Data Subjects Rights
Data subjects has the right to request: (i) confirmation of the data processing; (ii)
access to the personal data held by the controller; (iii) rectification of incomplete,
inaccurate or outdated personal data; (iv) anonymization, blocking or erasure of data
considered unnecessary, excessive or non-compliant with data protection regulation;
(v) portability of personal data; (vi) erasure of the personal data processed upon the
data subject’s consent, except in cases of legal exceptions; (vii) information about
public and private entities with which the controller has shared data; (viii) information
concerning the consequences of denying consent; (ix) withdraw consent; (x) lodge a
complaint with the Brazilian Data Protection Authority (“ANPD”); (xi) review of
decisions made solely on the basis of automated processing.
5. Conservation of Personal Data
The Data Subject's personal data will be retained for as long as necessary to fulfill
the purposes set out in this Policy (unless a longer retention period is required by
applicable law). In general, this means that personal data will be retained for as long
as the User maintains their account.
6. International Transfers of User Personal Data
The personal data that the Company collects (or processes) in the context of the
License Agreement and other services will be stored in Brazil, Japan and other
countries. Some of the data recipients with which the Company shares personal data
may be located in countries other than the country where Users' personal data was
originally collected. The laws of these countries may not provide the same level of
data protection as the country where Users initially provided their data to the
Company. However, when the Company transfers User's personal data to recipients
in other countries, the Company will protect such personal data as described in this
Policy and in accordance with applicable privacy laws.
The Company takes measures to comply with legal requirements applicable to the
transfer of personal data to recipients in countries outside Brazil that do not offer an
adequate level of data protection, using a variety of measures to ensure that the
User's personal data transferred to these countries receive adequate protection in
accordance with data protection rules, which includes entering into appropriate
contracts to ensure the protection of personal data in accordance with data protection
laws, the applicable privacy policy and verifying that the recipient has adopted
binding corporate rules. When personal data is transferred within the Company, we
use an intra-group data transfer agreement.
7. Data Protection Officer
Data Protection Officer, especially for data to be collected (or processed) in Brazil, is
as follows:
Thais Maluf
dpo.kbi@global.komatsu
Established May 28 , 2024