Last updated on 19 July 2023
POLICY No: KSS-06-01-0001
Komatsu respects the rights of individuals to privacy and this Policy sets out how Komatsu collects and treats Personal Information.
“Personal Information” is information or an opinion Komatsu holds which is identifiable as being about an individual or could reasonably identify an individual:
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or not.
Komatsu has implemented practices so that its management of Personal Information is open and transparent.
2.1 What Personal Information Komatsu collects
In the course of conducting Komatsu’s business, Komatsu may collect the following types of Personal Information from individuals:
• Contact details (including name, address, phone number, fax number and email address);
• Driver’s Licence details (including Licence No, Expiry Date and Date of Birth);
• Information about the goods or services that have been ordered or sold;
• Information from enquiries made;
• Records of communications;
• Financial details;
• Credit card information;
• The location of where an individual is operating a Komatsu machine (only in those instances where Komtrax or similar systems are installed on the machine and an operator identification number has been allocated to a Komatsu machine); and
• How an individual operates a Komatsu machine (only in those instances where Komtrax or similar systems are installed on the machine and an operator identification number has been allocated to a Komatsu machine).
Where an individual uses SMART CONSTRUCTION or any of the applications available within the SMART CONSTRUCTION module, Komatsu will also collect the following types of Personal Information:
• Name, address, email address that was registered at the time of entering into the SMART CONSTRUCTION Contract;
• Name, email address and Login ID of the Chief Administrator of the SMART CONSTRUCTION account;
• Name, email address and Login ID of the users to who have been granted the right to use the various applications, which are registered when the SMART CONSTRUCTION account was created;
• Information registered in or uploaded to an application or SMART CONSTRUCTION by the users of the relevant application;
• Download history and usage history of an application; and
• Device and location information of the electronic device being used to access an application within SMART CONSTRUCTION (including the individual identification information and name of the carrier to be connected).
Komatsu only collects Personal Information which is reasonably necessary for, or directly related to, the conduct of Komatsu’s business of marketing, selling, hiring and servicing of mining equipment and construction and utility equipment, parts and providing training services.
Komatsu may also request and collect limited health information from individuals when a governmental authority makes a public health order enabling organisations to do so due to an epidemic or pandemic that has been declared by the Australian Commonwealth Government or the World Health Organisation.
Komatsu only collects the above health information relating to individuals in order to identify risk and implement appropriate controls to prevent or manage the epidemic or pandemic. Komatsu will delete this health information within 30 days of collection.
2.2 How Komatsu collects Personal Information
Komatsu collects Personal Information from individuals when individuals interact with Komatsu in person or electronically, when they access Komatsu’s websites (including myKomatsu), in certain instances when they operate a Komatsu machine, if an individual is using SMART CONSTRUCTION or any of the applications within the SMART CONSTRUCTION module and when Komatsu provides goods or services to them.
Komatsu only collects Personal Information about an individual from the individual directly, unless it is unreasonable or impractical to do so such as where the individual is acting through an agent.
Komatsu does not collect sensitive information such as information or an opinion relating to race, political opinions, religious or philosophical beliefs, memberships of political associations or professional or trade unions, sexual preferences, criminal records or health information. However, if Komatsu has a reasonable business requirement to collect any sensitive information from individuals Komatsu will notify the individual at the time of collecting this sensitive information and obtain their consent before collecting any sensitive information.
2.3 Information provided to individuals
2.4 Use of Personal Information
Komatsu only uses and discloses Personal Information for the primary purpose for which it was collected, that is to enable Komatsu to conduct its business of marketing, selling, hiring and servicing of new and used mining equipment, construction and utility equipment, parts and providing training services, or for a related purpose, or where the individual has consented.
Komatsu will take such steps which are reasonable in the circumstances to ensure that Personal Information it uses or discloses is, having regard to the purpose of the use or disclosure, accurate, up to date, complete and relevant.
2.5 Direct Marketing
Komatsu will only use or disclose Personal Information for the purpose of direct marketing where such use or disclosure is permitted by Australian Privacy Principle 7. When engaging in direct marketing Komatsu will provide a simple means by which an individual may easily request not to receive direct marketing communications from Komatsu and Komatsu will include a prominent statement that the individual may make such a request. Komatsu will also comply with any such request.
2.6 Disclosure of Personal Information overseas
2.7 Security of Personal Information
Komatsu takes reasonable steps to protect Personal Information from misuse, interference and loss and from unauthorised access, modification or disclosure through the use of security procedures and technologies.
If other organisations provide support services Komatsu requires them to appropriately safeguard the privacy of any Personal Information provided to them.
Where the Personal Information Komatsu collects is no longer required it will take reasonable steps to destroy or de-identify the information.
2.8 Access to Personal Information
If Komatsu holds Personal Information about an individual it will normally, on request by the individual, give the individual access to the information. However, there may be some legal reasons to deny access. If access is denied Komatsu will provide the individual with the reasons why.
If Komatsu is satisfied that, having regard to a purpose for which Personal Information is held:
• the information is inaccurate, out of date, incomplete, irrelevant or misleading; or
• an individual requests Komatsu to correct Personal Information held about that individual,
Komatsu will take such steps as are reasonable to correct Personal Information about an individual having regard to the purpose for which it is held, to ensure that the information is accurate, up to date, complete, relevant and not misleading.
2.9 Usage Details & IP Addresses, Cookies, Google Analytics and Customer Feedback
Usage Details & IP Addresses
When an individual visits a Komatsu website (including my.komatsu.com.au), Komatsu may collect certain information such as browser type, operating system and the websites visited before coming to its site. This information is used in an aggregated manner to analyse how individuals use Komatsu’s site, so that Komatsu can improve its site.
Komatsu’s websites have links to other websites not owned or controlled by Komatsu. Komatsu is not responsible for these sites or the consequences of individuals going on to those sites.
individual’s usage behaviour. Komatsu will not store any personal details about the individuals, nor provide this to any third party suppliers, as a result of any remarketing campaign. Komatsu’s remarketing campaigns only hold the information about an individual’s visit for the relevant period in accordance with the data retention settings nominated by Google, from their last visit.
An individual can choose to opt out of the Google Analytics Advertising features by visiting: http://www.google.com/settings/ads, and opt out of cookie based ad serving by visiting: http://www.networkadvertising.org/managing/opt_out.asp.
When an individual provides feedback on Komatsu’s website located at https://my.Komatsu.com.au, this information will be kept anonymous and not shared with any third party apart from the entity responsible for collecting this information from the website on behalf of Komatsu.
2.10 Availability and Changes
2.12 Complaints and Contact Details
If an individual has any enquiries or complaints about Komatsu’s privacy practices, details of enquiries or complaints can be sent to Komatsu’s Privacy Officer whose details are set out below. Komatsu takes complaints very seriously and will respond shortly after receiving written notice of a complaint.
Note: if contacting the Komatsu Privacy Officer by phone about a complaint Komatsu will also ask that the complaint is put in writing so that the full details of the complaint can be fully investigated.
The contact details for the Komatsu Privacy Officer are as follows:
Telephone: +61 2 9795 8215
Address: P.O. Box 136, Fairfield NSW 2165
2.13 Notification of serious data breaches
The Komatsu Privacy Officer will notify the Office of the Australian Information Commissioner (OAIC) should the Komatsu Privacy Officer have reasonable grounds to believe that an ‘Eligible Data Breach’ of an individual’s Personal Information as defined in the Privacy Act has occurred, or is directed to do so by the OAIC.
An ‘Eligible Data Breach’ happens if:
(a) there is unauthorised access to, unauthorised disclosure of, or loss of, Personal Information held by Komatsu; and
(b) the access, disclosure or loss is likely to result in serious harm to any of the individuals to whom the Personal Information relates.
Annexure ‘A’ – The Australian Privacy Principles (APP’s)
Australian Privacy Principle 1–open and transparent management of personal information
Australian Privacy Principle 2–anonymity and pseudonymity
Australian Privacy Principle 3–collection of solicited personal information Australian Privacy Principle 4–dealing with unsolicited personal information Australian Privacy Principle 5–notification of the collection of personal information Australian Privacy Principle 6–use or disclosure of personal information
Australian Privacy Principle 7–direct marketing
Australian Privacy Principle 8–cross-border disclosure of personal information
Australian Privacy Principle 9–adoption, use or disclosure of government related identifiers
Australian Privacy Principle 10–quality of personal information Australian Privacy Principle 11–security of personal information Australian Privacy Principle 12–access to personal information Australian Privacy Principle 13–correction of personal information
For more information regarding the content of the APP’s you can refer to the ‘Read the Australian Privacy Principles’ section of the Office of the Australian Information Commissioner’s website located at: https://www.oaic.gov.au/privacy/australian-privacy-principles/read-the-australian-privacy- principles/