YANMAR PRIVACY POLICY

Information pursuant to Article 13 of the General Data Protection Regulation (GDPR)

In connection with the use of this service, YANMAR Compact Germany GmbH collects, processes and uses personal data as the responsible data processor. In order to make the handling of your data transparent and comprehensible, YANMAR provides you with more detailed information below.

Processing Personal data


DEFINITIONS

Personal data” means any data relating to an identified or identifiable natural person, including, without limitation, name, address, date of birth, telephone number, e-mail address and user IDs of User residing in the EEA.

Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Controller” means a legal person, etc. which, alone or jointly with others, determines the purposes and means of the processing of personal data.

Processor” means a legal person, etc. which processes personal data on behalf of the Controller.


TYPES OF PERSONAL DATA TO BE COLLECTED

The Company will collect the following types of personal data concerning Users in connection with the Service:

 

YANMAR-Schaeff Warranty System (SWS)

(a) Dealer Name

(b) Contact Name

(c) E-mail address

(d) Postal address

(e) Phone number

(f) Fax number

 

YANMAR Construction Support Portal

(a) Name

(b) Company Name

(c) Company country

(d) E-mail address

(e) Phone number

(f) Postal address

 

YANMAR iStore Portal

(a) Name

(b) E-mail address

(c) Dealer Name

(d) Dealer / Customer postal address

 

YANMAR Sales & Marketing Dealer Portal

(a) Dealer Name

(b) Dealer postal address

(c) Contact Name (“dealer admin”)

(d) Contact e-mail address + phone number

(e) E-Mail address of dealer employees listed by dealer admin

(f) Mobile phone numbers of dealer employees listed by dealer admin

(g) Sub company address of employees if available /requested


PURPOSES OF USE OF PERSONAL DATA

The Company will process the Users’ personal data for the following purposes:

 

YANMAR-Schaeff Warranty System (SWS)

(a) Management of the submission, processing and crediting of Applications for Adjustment

(b) Response to inquiries and requests from customers

(c) Enabling payments within the scope of warranty processing

(d) Provision of after warranty service

 

YANMAR Construction Support Portal

(a) Provision of technical documents and product information for customers

(b) Download of service documentation, training and equipment information

 

YANMAR iStore Portal

(a) Enabling the ordering of spare parts

(b) Linking part orders with YANMAR’s Enterprise Resource Planning

 

YANMAR Sales & Marketing Dealer Portal

(a) Access provision to price lists

(b) Access to product, sales and marketing materials

If the Company is to process the Users’ personal data for purposes other than the above, the Company will notify Users in advance such new purposes of use and other matters as required by applicable laws.

By manifesting their intention to consent to this Privacy Policy, Users will be deemed to have consented to the processing of their personal data by the Company within the scope of the above purposes of use, and the Company will process the Users’ personal data based on such Users’ consent; provided, however, that Users may withdraw such consent at any time, which such withdrawal shall not affect any legitimate processing performed pursuant to the consent prior to the withdrawal.

The Company may require Users to provide their personal data in connection with the provision of the Services. In such case, if certain Users do not provide its personal data, the Company may be unable to provide the Services.


LEGAL BASIS OF DATA PROCESSING

The legal basis for data processing in the course of the performance of the contract with its customers is Art. 6 Section 1 lit. b) GDPR.


RETENTION PERIOD

The Company will retain the Users’ personal data to the extent the Company requires such data for achieving the purposes of use specified in (2) above, and will promptly delete the same when such data is no longer necessary.


THIRD PARTY TRANSFER

The Company may provide the Users’ personal data to third parties such as the subsidiaries and affiliates of the Company, dealers, retailers, cloud vendors of the Company, etc., to implement the purposes of use specified above. Such third parties which the Company may provide User’s personal data include those located in countries outside the EEA (including, without limitation, Japan; the same shall apply hereinafter), and the Users are deemed to have consented to the following matters by consenting to this Privacy Policy:

(a) Certain countries outside the EEA may not be furnished with the same level of data protection laws as the EEA, thus part of the rights granted to Users within the EEA may not be available;

(b) Users’ personal data may be provided and processed for the purposes specified in (2) above; and

(c) Users’ personal data may be provided to third parties located in a country outside the EEA.

In addition to the above, if the Company is to transfer the Users’ personal data to a third party located in a country outside the EEA, the Company will ensure that adequate measures are taken concerning the protection of the Users’ personal data such as by executing standard contract clauses based on the GDPR.


DISCLOSURE, CORRECTION, AND OTHER PROCEDURES CONCERNING THE PERSONAL DATA

The Users are entitled with the rights to access to, request for correction, request for deletion, request to limit the processing, object to the processing, and request for data portability, with regards to the personal data retained by the Company pursuant to the provisions of relevant laws and regulations. Such requests shall be attended to the contact point set forth in “(11) Contact Information” as per below.

The Company may refuse the Users’ request if the Company deems that there is no basis for such request or if the request is deemed excessive.

The Users may file objections to the data protection authorities having jurisdiction over the location of the Users’ domicile with regards to the processing of their personal data by the Company.


UNSUBSCRIBING FROM DIRECT MARKETING

If Users wish to unsubscribe from the Company’s direct marketing, such Users should contact the contact point set forth in “(11) Contact Information” below.


SAFETY MANAGEMENT MEASURES

In order to protect the personal data from unauthorized access and loss etc., taking into account the type of personal data, the degree of sensitivity and the degree of affect to the Users including economic influence and mental harm in case the personal data is unlawfully infringed, the Company has comprehensively evaluated and judged the risks of personal data infringement, and has implemented necessary and appropriate personal, organizational and technical safety management measures in accordance with such the risk of personal data infringement, and further, will review such safety management measures as necessary, set up the process for taking corrective actions, and constantly make effort to improve its security.

The Company will make effort to appropriately manage personal data by restricting the entry of outsiders into the offices where the processing of personal data takes place, conducting educational awareness raising activities targeting all officers and employees involved in the protection of personal data, and appointing managers in charge for each division which processes personal data.

If the Company, in its role as a Controller, contracts a Processor, the Company shall select a Processor which is capable of implementing appropriate technical and organizational measures and shall manage such Processor in an appropriate manner.

Pursuant to the GDPR, the Company shall prepare records of the processing of personal data.


CONTINUOUS IMPROVEMENT

The Company shall continuously review and revise its efforts regarding the processing of personal data in order to correspond with changes in the GDPR, processing methods and the environment.


CONTACT INFORMATION

The Company’s contact point regarding this Privacy Policy is as shown below. Any questions or concerns regarding this Privacy Policy or the processing of personal data by the Company, or any requests concerning access, correction, deletion, limitation of processing or data portability of the personal data shall be attended to this contact point:

YANMAR Compact Germany GmbH
Kraftwerkstraße 4
D-74564 Crailsheim

 

If you have any questions or suggestions for the external data protection officer of YANMAR Compact Germany GmbH, you can reach him at the following contact information:

 

KINAST Rechtsanwaltsgesellschaft mbH
Hohenzollernring 54
D-50672 Köln