Komatsu Financial Canadian Privacy Statement
Komatsu International (
Personal Information We Collect
Komatsu Financial and its agents and representatives collect personal information in a number of circumstances in the course of providing equipment leasing and financing services. Personal information we may collect includes:
· name, address, telephone number, e-mail address and/or other contact information
· personal identifiers required for security interest registration purposes, such as date of birth, or other identifiers we may request for identification and/or credit investigation purposes, such as driver’s license number or Social Insurance Number, if provided
· credit, financial and related personal information, such as credit reports and credit scores, banking information, assets, income and liabilities, and credit and financial information related to your dealings with past and current creditors and financial institutions
· equipment and other product ownership information, including leased or financed products, for personal property security and registration purposes
· insurance information relating to financed or leased equipment
· current and historical account, indebtedness and payment information we compile in connection with your financing or lease arrangements with us
· other personal information you may provide to us or otherwise connected with your financing, lease or credit applications and conditional sale, lease or other agreements with us
· such other information we may collect with consent or as permitted or required by law.
Third Parties. Certain of the above personal information may be collected from third parties. For example, during the credit and application evaluation process, renewals or refinancing, verifying your equipment insurance or establishing and administering your account, we may collect personal information from our affiliates, your equipment distributor, your insurers, credit bureaus and reporting agencies, creditors, businesses and financial institutions with whom you have had a financial relationship or other references you have provided in your application for credit. Komatsu Financial may also collect personal information through the acquisition of a third party’s credit or lease account portfolios or similar business transactions (including assignment of your lease or financing accounts, or amounts owing under those accounts, by distributors or other lenders to us).
Use of Personal Information
Komatsu Financial generally collects and uses personal information for the following purposes:
· evaluating your lease, financing or credit application or guarantee, your creditworthiness and other information you may provide to us in connection with your credit or related arrangements with us
· generally establishing your eligibility or entitlement for our products and services
· verifying your insurance on leased or financed equipment
· evaluating your ongoing creditworthiness in connection with updates renewals, refinancing or extensions of your credit relationship with us or in cases of default
· opening, administering and servicing your accounts, and providing you with the products and services you request
· monitoring your indebtedness, payment history and your account for the purpose of detecting and preventing fraud or other losses
· registering and enforcing security interests in your leased or financed equipment, and otherwise enforcing and collecting your accounts where necessary, including as required for debt collection or equipment repossession
· establishing and managing our business relationship with our customers, including communicating with you regarding your account or your equipment
· maintaining business records for reasonable periods, and generally managing and administering our business;
· meeting legal, regulatory, insurance, processing and security requirements; and
· otherwise with consent or as permitted or required by law
Offers and Promotions. In addition to the above purposes, Komatsu Financial may send you occasional offers, promotions or related information or communications about additional financing opportunities or other products or services offered by Komatsu Financial or its affiliates that may be of interest to you. In selecting the products and services that may be relevant to your circumstances, we may consult information in your account, for example amount of credit advanced, your payment history or similar information about your financial circumstances.
However, you may refuse consent to our use
of personal information for this purpose by indicating your preference not to receive marketing communications from us by the method described to you at the time your personal information is collected, if applicable, or by withdrawing consent for this purpose at any time by contacting us as described below.
Disclosure of Your Personal Information
Komatsu Financial may disclose personal information to third parties in a number of circumstances:
Affiliates.
Personal information may be disclosed to or accessible by certain of our affiliates
(including Komatsu Financial in the
Credit Bureaus, Other Lenders, Insurers. In the application evaluation process or initial or ongoing credit evaluation, personal information may be disclosed to credit bureaus and reporting agencies, creditors, businesses and financial institutions with whom you have had a financial relationship or other references you have provided in support of your application, including as necessary to identify you and obtain information from these third parties in connection with your application or advancing credit to you. Also, in order to maintain the accuracy and integrity of the credit reporting system, we may provide credit-related information to credit bureaus and credit reporting agencies, and where you have directly or indirectly consented, we may provide credit-related financial and personal information to your financial institutions, trade creditors or other prospective lenders. We may exchange personal information with your insurer in connection with your application or your lease or financing account from time to time for the purpose of enabling us and your insurer to maintain accurate information regarding your insurance and your insured products.
Distributors. In connection with the lease, financing or credit application process, and in connection with opening and servicing your account, your authorized Komatsu equipment distributor will collect personal information on our behalf and we may exchange personal information with your distributor in connection with these purposes.
In addition, in the course of your relationship with us your distributor may have electronic or other access to your account information, including amount of credit advanced, your payment history, loan balance or similar information, for the purpose of enabling your distributor to assist with your account inquiries or otherwise servicing your account. We use contractual or other reasonable measures to require that your distributor’s use of your account information is limited to these purposes unless you consent to your distributor’s use of account-related information for other purposes, for example offering products and services that may be of interest or relevance to you based on account status, past purchases or similar dealings with us or your distributor. For example, if you withhold consent where indicated on your lease or credit application form (if applicable) or otherwise contact us to indicate that you prefer your account-related information not be used by your distributor for the purpose of offering additional relevant products and services to you, Komatsu will take steps to limit your distributor’s use of your information to the account-servicing purposes as described above.
Your Komatsu distributors may have independently obtained personal information about you, for example directly from you or otherwise as a result of your direct dealings with your distributor. Please note that Komatsu distributors are independent organizations and are not affiliated with Komatsu Financial, and Komatsu Financial does not control the personal information practices of distributors. If you are concerned about how your personal information is collected, used, disclosed or treated by your distributor, or wish to stop receiving marketing communications from them, you should contact your distributor directly.
Security, Debt Collection. We may disclose certain personal information to third parties as necessary to register a security interest over your leased or financed equipment, and for the purposes of enforcing security or other debt collection proceedings, for instance as may be required to locate you or your assets or through bankruptcy notices.
Service Providers. Personal information may also be transferred to third party agents or service providers we engage to provide services on our behalf. These services may include, as examples, invoicing, debt collection, personal property security registration, or information technology and data hosting services. Note that some of these service providers may be located in the United States or elsewhere outside of Canada, and that some of these services (including, for example, web-based account management and data hosting or other IT services) may be provided by our U.S. affiliates acting in a service provider capacity, and your personal information may be transferred and/or processed outside of Canada for the purposes described in this privacy statement. We take reasonable measures to ensure that your personal information that may be collected, used, disclosed or otherwise processed by these service providers on our behalf is protected and not used or disclosed for purposes other than as directed by Komatsu Financial, subject to legal requirements in foreign jurisdictions applicable to those organizations, for example lawful requirements to disclose personal information to government authorities in those countries.
Business Transactions. Personal information may be used by Komatsu Financial and disclosed to parties connected with the proposed or actual financing, securitization, insuring, sale, assignment or other disposal of all or part of Komatsu Financial or our business or assets (including, but not limited to, your debt or account with us), for purposes related to the evaluation and performance of these transactions. These purposes include, as examples:
· permitting these parties to determine whether to proceed or continue with the proposed or continuing transaction
· fulfilling initial or ongoing reporting, inspection or audit requirements or obligations to these parties, and
· the use and disclosure of your personal information by these parties (for example, assignees) for similar purposes as those described in this statement
Parties involved in these business transactions may include, as examples, financiers or insurers of our business, assignees of our accounts or amounts owing to us (including financial institutions, financial services businesses or other entities), or companies involved in the purchase, sale, merger or amalgamation of Komatsu Financial, and each of their agents, representatives or counsel.
Other Disclosures. We may otherwise disclose personal information as necessary to meet legal, regulatory, insurance, audit, processing and security requirements. We may also disclose personal information with your consent, or as permitted or required by law.
The Internet/MyKomatsu
Website Registration. Some Komatsu websites, for example MyKomastu.com, offer website registration and application functionality. For example, through our online account tool KFConnect, you can register and create an account in order to access your account information. In the course of registering at our websites to access applications such as KFConnect, we will collect your password and login name, your name and e-mail address in order to identify you and additional security identification information (such as your credit account number), which is used to maintain security of our website and to verify and control access to your account or online profile.
Non-Identifying Information. In general, you can visit websites operated by Komatsu Financial or its affiliates and view their content while remaining anonymous. Komatsu Financial or its affiliates may collect non-identifiable information that becomes available to us as a result of your visit to our websites. This information may include, for example, your IP address (a number automatically assigned to your computer when you connect to the Internet, and which is logged by our servers), your Internet Service Provider, your web browser type, the type of operating system, the domain name of the website which linked you to our site, and the pages you visited while you were using the website. Komatsu Financial or its affiliates may use this information in anonymous or aggregate form as a diagnostic and administrative tool for identifying system problems and administering our websites, to determine overall reaction to various sections of the websites, measure the effectiveness and usefulness of various pages and to improve the flow and interconnectivity of the websites.
Cookies. Komatsu Financial or its affiliates from time to time use cookies on our websites. Cookies are small text files that your web browser leaves on your hard drive or computer memory, which allows for personalization of certain aspects of your visit to our site. Except as necessary to facilitate website applications and related functional aspects of our websites (e.g. account access through KFConnect), information gathered from cookies in this way is only used on an aggregate basis. Unless a visitor specifically provides their identity to us (e.g. by registering or logging on at one of our websites), we will not know who the individual visitors are. If you register at one of our websites and, for example, access your account through KFConnect, we may use cookies to administer, control and display accurate account data. Cookies may be required for the proper functionality of other applications available at MyKomastu or other websites, for example to customize website content based on information you voluntarily provide or information you have requested.
You can disable cookies using your Internet browser's settings. Please consult your browser's help function for information on how to disable cookies. Note that if you disable cookies, certain features of our websites may not function properly, and you may not be able to register or use your account at our websites.
Contacting Us. If you make inquiries through the contact methods in the “Contact Us” or similar sections of our websites, these inquiries are forwarded to the relevant office or department, and are used to respond to your inquiry and maintain a record of correspondence. We may also use the information you provide to occasionally contact you regarding additional products or services, as described above, unless you have indicated your preference not to receive such information, for example by using an “opt out” option made available on that section of our website.
Website Security. Komatsu Financial and its affiliates make efforts to protect your personal information using security measures appropriate to the sensitivity of the information that is provided or accessible through Komatsu websites. However, because no data transmission over the Internet can be guaranteed to be perfectly secure, any personal information you submit to us or access electronically is done at your own risk, and Komatsu Financial does not guarantee or warrant the security of information transmitted in this manner.
External Links. Our websites may contain links to other websites, which are provided as a convenience only. Third party websites may have different privacy policies and practices than Komatsu Financial or its affiliates, and Komatsu Financial has no responsibility for such third party websites. Individuals are advised to review the privacy policies of any third party websites they visit.
Other Komatsu International
Websites. Please note that
Komatsu Financial in
Your Consent
Consent to the collection, use and disclosure of personal information may be given in various ways. Consent can be express (for example, orally, electronically or on a form you may sign describing the intended uses and disclosures of personal information) or implied (for example, when you provide information necessary for a service you have requested). You may provide your consent in some circumstances where notice has been provided to you about our intentions with respect to your personal information and you have not withdrawn your consent for an identified purpose, such as by using an “opt out” option provided, if any. Consent may be given by your authorized representative (such as a legal guardian or a person having a power of attorney). Generally, by providing us with personal information, we will assume that you consent to our collection, use and disclosure of such information for the purposes identified or described in this privacy statement, if applicable, or described to you at the time of collection.
You may withdraw your consent to our collection, use and disclosure of personal information at any time, subject to contractual and legal restrictions and reasonable notice. Note that if you withdraw your consent to certain uses of your personal information, we may no longer be able to provide certain products or services.
Komatsu Financial collects, uses and discloses your personal information with your consent, except as permitted or required by law. We may be required or permitted under statute or regulation to collect, use or disclose personal information without your consent, for example to comply with a court order, to comply with local or federal regulations or a legally permitted inquiry by a government agency, or to collect a debt owed to us.
Security
We protect your personal information using physical, electronic or procedural security measures appropriate to the sensitivity of the information in our custody or control, which may include safeguards to protect against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. Authorized employees, agents and mandataries of Komatsu Financial who require access to your personal information in order to fulfil their job requirements will have access to your personal information.
Access, Correction and Contacting Us
Komatsu Financial may establish and maintain a file of your personal information for the purposes described above, which will be accessible at the address below. If you wish to request access or correction of your personal information in our custody or control, you may write to the mailing address below, attention Customer Privacy Administrator. Your right to access or correct your personal information is subject to applicable legal restrictions. If you wish to make inquiries or complaints or have other concerns about our personal information practices, you may write to us, e-mail us or telephone us as follows:
Komatsu Financial
Candiac, PQ
J5R 1J3
1-888-542-3462
Privacy@KomatsuNA.com
Privacy Statement Changes
This privacy statement may be revised from time to time. If we intend to collect, use or disclose personal information for purposes materially different than those described in this statement, we will make reasonable efforts to notify affected individuals in advance, if necessary. If you are concerned about how your personal information is used, you should contact us as described above or check back at our website periodically to obtain a current copy of this statement. This privacy statement is effective as of