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Privacy Policy KOBELCO Cast™

1.Basic Policy

Kobelco Construction Machinery Europe BV (hereinafter collectively “Kobelco”) recognizes that all personal information provided by you, our customers and clients through their business with Kobelco must be handled and protected with the utmost care. Therefore, Kobelco will follow the basic policy stated below to fulfill its responsibility.

In handling any personal information, Kobelco pledges to fully comply with the General Data Protection Regulation (EU) 2016/679 (hereinafter the “Law”), other relevant laws and regulations, and pursuant to practices in this respect that are generally accepted as fair and reasonable. Further, Kobelco will continuously endeavors to improve handling such personal information.
Kobelco will continuously update and revise rules and management systems for handling and protection of personal information and ensure compliance by its employees with such rules and systems. Further, Kobelco will ensure to appropriately supervise their trustees if any.
Kobelco will use personal information only to the extent and for the purposes specified (hereinafter the “Purpose”), which will be announced or noticed to the persons to whom the information pertains.
Kobelco will take necessary measures to properly manage and protect personal information to prevent it from being leaked, lost, and falsified.
Kobelco through its specific office will faithfully make all efforts to promptly receive, correct, revise, delete or cease personal information in possession upon verification that the personal making the request is indeed the data subject.

2.Purposes of Use of Personal information

Kobelco may lawfully use personal information only as needed for its business performance according to its business purposes to the extent that it may require:

Customers	· To inform and contact you about products and services that Kobelco provides or develops · To respond to your inquiries · To consider business transactions and to enter into, execute, or terminate contracts
Business partners	· To provide information and contact you regarding products and services offered by you, and to respond to your inquiries · To consider business transactions and to enter into, execute, or terminate contracts
Applicants for employment	· To receive applications for employment in the recruitment activities of Kobelco · To communicate with applicants for employment
Retired employees	· To keep track of retired employees · To communicate with retired employees
Employees of group companies, affiliated companies, and cooperative companies	· To communicate with employees of group companies, affiliates, and cooperative companies in the course of business

3.Use of Personal Information Within Kobelco Domestic Group Companies

Kobelco may share the following personal Information with any of Kobelco Domestic Group Companies:

Items of personal Information to be shared	Name, information related to affiliation (company, department, position, etc.), address, telephone number, fax number, e-mail address, product purchase history, and other items related to business contact information.
Scope of joint use	· Kobelco Construction Machinery Domestic Group Companies · Other companies working together with Kobelco in relation to sales, service, rental and other operations
Purpose of joint use	The same purposes of “2. Purposes of Use of Personal information”
Name, address, and representative of the party responsible for management of personal Information	Kobelco Constructions Machinery Europe BV Veluwezoom 15, 1327 AE Almere, The Netherlands

4. Disclosure to Third Party

Kobelco will not disclose personal information to any third party and except in the following cases:

When person’s approval is granted beforehand;
When the disclosure is in a statistical form which does not identify person;
When the disclosure is required by applicable laws and ordinances. Also, we may disclose your personal information to respond to subpoenas, and court orders;
When the disclosure is necessary to protect human life, human body and personal property, while it is difficult to obtain person’s agreement to disclose his or her personal information; or
When the disclosure of personal information is necessary to support a public operation of the national government or the municipality that person’s refusal to allow the disclosure of personal information would limit the accomplishment of such operation.

5.Management on Website

Kobelco will protect personal information from being divulged or falsified, and take all the measures promptly in case of emergency.

Security
Kobelco uses the SSL (Secure Sockets Layer) on its website as a measure to protect personal information. The SSL is a technology to encipher the information transmitted to the Internet and prevent the leakage of such information to the third party. The website pages handling personal information are supported by SSL. Please make sure that “http://” of the URL has been changed to “https://”.
Use of Cookie
Cookie may be used to ensure safety and provide appropriate information to you.
Cookie is a piece of information transmitted from Kobelco’s web server to the web browser and may be stored on your computer hard disk or other memory device. Cookie itself does not contain any information to help Kobelco identify an individual person. You can decide whether to accept or block Cookie by setting your web browser. However, if you choose not to accept Cookie, you may not be able to use some services provided on the website managed by Kobelco.
Browsing Records
If you visit the website operated by Kobelco, information about your access to the website is stored on the web server. This information may not be used for any purpose other than taking statistics including the frequency of your access.
Use of Google Analytics
Kobelco uses Google Analytics, a web analytics tool provided by Google Inc. to view how you interact with and use this website. Google Analytics collects data by using Cookie without identifying you individually. For further information related to Google Analytics, please refer to “Google Privacy Policyand Terms of Service” of Google Inc.

6.Disclosure

In case you wish to disclose your personal information Kobelco has collected to you, you can request us with the information to identify yourself. Kobelco will reply you within reasonable data and time flame after we confirmed the request has been made by surely yourself.

7.Correction, Deletion, etc.

In case you wish to correct, add or delete the personal information which Kobelco collected, you can request this to us.
Kobelco will correct, add or delete them if these are not true, within reasonable data and time frame after we confirmed the request has been made by surely yourself.

8.Suspension of Use, Elimination and Suspension of Provision to Third Parties

You can request to cease the use or eliminate personal information. If such a request is made, Kobelco will confirm the identity of the requestor and cease the use, eliminate or stop the provision to third parties of your personal information in possession of Kobelco to a reasonable extent and in a reasonable period of time.
Please note that if part or all of your personal information becomes unavailable to us, we may not be able to provide satisfying service. Your kind understanding and cooperation will be appreciated. (There may be cases that we are not able to answer your request to suspend our use, to delete or to stop the provision to third parties of the personal information, if the personal information were managed in accordance with the related laws and regulations.)

9.Where We Store and Process Personal Data

Kobelco is a global organization, and your personal data may be stored and processed at an external location, such as a third party datacentre. We take steps to ensure that the information we collect is processed according to this privacy statement and the requirements of applicable law wherever the data is located. Kobelco has networks, databases, servers, systems, support, and help desks located throughout our offices around the world. We collaborate with third parties such as cloud hosting services, suppliers, and technology support located around the world to serve the needs of our business, workforce, and customers. We take appropriate steps to ensure that personal data is processed, secured, and transferred according to applicable law. In some cases, we may need to disclose or transfer your personal data within Kobelco or to third parties.

When we transfer personal information from the European Economic Area to other countries in which applicable laws do not offer the same level of data privacy protection as in your home country, we take measures to provide an appropriate level of data privacy protection.

10.Security Control Action

Kobelco implements the following security control action with respect to personal information.

Formulation of Basic Policy	KOBELCO has developed a “Privacy Policy” for handling personal information properly.
Establishment of discipline in the handling of personal information	Kobelco develops and implements company regulations, manuals, etc. for the handling of personal information.
Organizational Safety Control Measures	Kobelco assigns a person in charge for handling personal information, as well as managing and monitoring a ledger of personal information.
Personnel Safety Control Measures	Kobelco provides regular training to its employees on the handling of personal information.
Physical Security Control Measures	Kobelco controls access to the building or floor, lock and store documents, and restrict the taking out of electronic media.
Technical security control measures	Kobelco manages entry and exit of buildings or floors, lock and store documents, and restrict the removal of electronic media.
Understanding the external environment	Kobelco confirms the systems for the protection of personal information in the countries and regions where personal information is stored, and implements safety control measures, etc.

11.Others

Notice on Processing of Personal Information Collected within the EEA

12.Contacts

Inquiries in relation to any of your requirements mentioned in above Sections 6, 7 and 8 concerning your personal information handled by Kobelco as well as your inquiries related to other personal information is to be sent to the contact address stated below.

Contact for inquiries:
Your inquires will be accepted by the contact for inquiries which Kobelco has notified you about, with this Privacy Policy, when you registered an account and agreed to this Privacy Policy. You will be informed of the details of the method of confirmation of your identity and the fee if any, at the time you contact them.

Please contact the following reference desk if you are uncertain about where to contact:

Kobelco Construction Machinery Europe B.V.

Veluwezoom 15

1327 AE Almere

The Netherlands

Tel : +31-(0)36-2020300

E-mail: marketing-eu@kobelco.com

You also have the right to file a complaint with the Dutch Data Protection Authority against processing of personal data.

This privacy statement may be changed at any time without prior announcement. Changes come into effect as soon as they are published on this website.

In this Privacy Policy, “Kobelco Construction Machinery Domestic Group Companies” means the following companies :

Kobelco Construction Machinery Japan Co., Ltd.

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KOBELCO Cast™ Terms of Use 2023

1. Scope

These terms of use apply to both the use of KOBELCO Cast™ (“Platform”) and all data, information and services offered via the Platform (“Services”). The Platform and Services are offered by Kobelco.

2. Definitions

Kobelco: Kobelco Construction Machinery Europe B.V. in Almere, the Netherlands.
Utente: the natural or legal person who subscribes with the Platform.
Terms of Use: these Terms of Use of the Kobelco Cast Platform, always in the latest version as published on www.kobelco-cast.com.
Platform: The technical infrastructure and the totality of uses offered by Kobelco in connection with the Service via a web page and/or a mobile application.
Service: The Service in connection with the Platform consists of:

1. 1. 1. Kobelco provides information to the Platform’s Users about it’s products and technologies.
    2. The Users can communicate with other Users and with Kobelco, in order to exchange information regarding Kobelco’s products and technologies.

Data: the data as mentioned under 4 under b of these Terms of Use.
GDPR: General Data Protection Regulation (EU) 2016/679;
Data subject: an identified or identifiable natural person to whom Personal Data relates;
Profile: User’s user profile.
Personal data: all data that can be traced directly or indirectly to a natural person as referred to in Article 4 under 1 GDPR;
Controller: a natural or legal person, a public authority, a service or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data;
Processor: a natural or legal person, a public authority, a service or another body that processes personal data on behalf of the controller.

3. Bindingness to Conditions

By using the Platform, the User declares to have taken note of and agree with these Terms of Use and the privacy statement of Kobelco.
These Terms of Use, the privacy statement of Kobelco are (also) to be used. Consult, download and print these from www.kobelco-cast.com .
If the Platform uses services of third parties, the general terms and conditions and the privacy and cookie policy of the relevant third parties apply as well and are incorporated in the Terms of Use by reference, such as but not limited to:

- • Google’s Privacy Policy, found at https://policies.google.com/privacy?hl=en-US
- • You-Tube Community Guidelines

Kobelco is not responsible for the services and the privacy and cookie policy of any third parties.

Kobelco is entitled to unilaterally change the Terms of Use of the Platform, after which the new Terms of Use will apply immediately to the use of the Platform as well as the Service.

4. Create a Profile

Before the User can use the Service referred to in Article 2, the User must register a Profile according to the instructions of Kobelco.
The profile contains the following information: First and Last Name of the User, Job Title, Country, Website (if a dealer), Email Address, Telephone number (optional)
The information completed and published in the Profile will be shared with other Users of the Platform.
The Profile can be deleted at the request of the User.

5. Use of the Platform

The User is entitled to use the Platform as it is made available by Kobelco. The right of use of the User does not include the source code of the Platform; the right is non-transferable and non-sublicensable.
A User is only permitted to use the Data within the context of the Service.
The User is not permitted to use the Platform (or the Data) in an automated manner or have it installed, consult, “scrape”, “crawl” or “spider”. Furthermore, the User is not permitted to export Data of other Users or other information from the Platform (except in the ways offered by Kobelco), or to approach the Platform with other technology or software. Nor is it permitted to circumvent or remove technical protections, or to make this possible for others.
Furthermore, a User is not permitted to use the Platform: i. for any unlawful purpose (including “phishing” and spam); ii. in such a way that leads to damage to the Platform in its functionality; iii. for the distribution, transmission or uploading of computer viruses or otherwise harmful files or programs; iv. to distribute, transmit or upload material that is misleading, defamatory, offensive, is violent, obscene, discriminatory or threatening in nature or that for any other reason may cause irritation, discomfort or unnecessary unrest; v. in a way that infringes on or infringes the rights of any natural person or legal entity; vi. in a way that is harmful to the reputation of Kobelco.

6. Availability

Although Kobelco aims to make the Platform available as much as possible, it may happen that the Platform is interrupted, for example as a result of planned maintenance work or upgrades, emergency repairs or failed telecommunication connections and/or equipment. Kobelco does not guarantee that the Platform will operate without interruption, errors or defects or that all errors and defects will be corrected at all times.
Kobelco reserves the right to remove the Profile from the Platform for any reason whatsoever and without prior notice.
In the event of an infringement or alleged/possible infringement of the (intellectual property) rights from third parties as a result of the Platform, Kobelco is entitled to replace or change the Platform in such a way that the (possible) infringement is thereby removed. In that case, Kobelco is entitled to temporarily suspend the functionality thereof.
Kobelco is not liable for damage (including loss of income/business stagnation/loss of data) that may result from the limited or missing availability or change of the Platform and/or Profile.

7. Intellectual Property Rights

All copyrights, trademarks, database rights and all other intellectual property rights to the information offered via the Service or the Platform belongs to Kobelco or to the relevant User who has contributed the content.
User does not obtain any license to use these intellectual property rights, neither in the context of the Service nor outside it (this except for mandatory statutory provisions). Information from the Platform may not be used for any other purpose, including reproduction, publication, retrieval or reuse, without the prior written permission of Kobelco or of the User who contributed the content.

8. Privacy

The User grants Kobelco permission to create a Profile in connection with the Service/Platform process for acceptance into the system.
Kobelco does not export the User’s personal data to other files for other purposes than intended for use of the Platform and the Service. User agrees that the other logged-in Users may access the User’s Profile public page and be able to use the information of said page to contact the User.
Under no circumstances will the User use the personal data of other Users without explicit permission, nor misuse the personal data of other Users.
Kobelco may use the Users contact options, for example in connection with maintenance of the Platform and the blocking of a Profile.
The processing of personal data takes place in accordance with the privacy statement of Kobelco and the GDPR. The Privacy Statement of Kobelco is found on the registration page accessible prior to entering the Portal or can be found on the portal itslef at kobelco-cast.com.
The User is responsible for the correctness and completeness of the information provided by him/her.

9. Termination and End of Service

The User is at all times entitled to terminate the Profile in the manner indicated by Kobelco.
Kobelco is entitled to immediately, temporarily deactivate the Profile of the User concerned or to terminate, or to delete certain Data: i. if Kobelco has indications that a User uses the Platform in violation of Article 5 (has) or otherwise acts in an undesirable manner; ii. if the User otherwise acts contrary to the Terms of Use regarding the Service.
Contrary to the privacy statement of Kobelco, the personal data of Users will be deleted after termination / end of Service and the deletion of the User’s Profile at the request of the User within 2 months after termination/ end of Service or the aforementioned request of the User.
Kobelco is entitled to terminate the Service at any time and to no longer offer the use of the Platform.

10. Liability

Kobelco does not regulate the communication between Users. Kobelco therefore has no control over the quality, security, lawfulness, integrity or accuracy of information generated by Users. Therefore, Kobelco accepts no liability with regard to the content of the communication and/or information available in the Platform that does not originate from Kobelco.
Kobelco accepts no liability for any damage resulting from the use of the Platform, including, but not limited to, damage as a result of outdated or incorrect information (originating from its own Profile or that of another User), or contact and/or cooperation with another User.
In any case, Kobelco is not liable for indirect damage, including loss income, missed opportunities, reputational damage and loss of data, as a result of termination by Kobelco of the Platform, Service and/or any Profile or use of the Platform by a third party acting in violation of these Terms of Use.
Under no circumstances will any compensation for damage by Kobelco exceed the maximum amount to the amount that is paid out in the relevant case under the relevant insurance of Kobelco, to be increased by the amount of the deductible that will be borne by Kobelco as a result of the applicable insurance contract in the relevant case.
The foregoing exclusions of liability do not apply if there is intent or conscious recklessness (“opzet of bewuste roekeloosheid”) on the part of Kobelco (other than indicated in these Terms of Use).
The User shall indemnify and hold harmless Kobelco and/or third party(ies) engaged by it from any and all liability, (monetary) obligations, claims, damages, costs (including the costs of legal assistance and settlement amounts) and/or other consequences suffered or owed in connection with conflict with the provisions under 4 under paragraph b (accuracy of data), 5 under paragraphs c and d (no infringement), 7 (intellectual property rights) and 8 (privacy third parties).

11. Miscellaneous

a. All agreements concluded with Kobelco are exclusively governed by Dutch law, with exception to conflict of laws provisions.
b. If a dispute cannot be settled amicably or can be settled in any other way the competent court in the Netherlands has exclusive jurisdiction to hear this dispute.
c. If one or more provisions of these terms of use prove to be null and void or voidable, this does not affect the validity of the other provisions. In the event of nullity of one or more provisions of these terms and conditions, the parties are obliged to adopt new provisions of as much similar scope as possible to replace the invalidated provisions, which reflect the intention of the invalidated provisions as much as possible.

Please contact the following reference desk if you have questions about the above Terms & Conditions:

Kobelco Construction Machinery Europe B.V.

Veluwezoom 15

1327 AE Almere

The Netherlands

Tel : +31-(0)36-2020300

E-mail: marketing-eu@kobelco.com

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