PRIVACY POLICY

Privacy Policy
Last updated: 16-10-2024
Personal Data Protection Policy

President Director
Kubota Machinery Indonesia

OUR APPROACH TO PRIVACY
Kubota Machinery Indonesia (“KMI”) takes your privacy very seriously. KMI understands transparency and respect are fundamental aspects of long-term relationships and, therefore, takes every reasonable effort to protect the information you provide to us. This Privacy Policy describes the types of personal data we collect, how we use the data, who we share it with, and the choices you can make about our use of the data. We also explain the steps we take to protect data security and how you can contact us about our privacy practices.

1. WHAT IS PERSONAL DATA
We refer to personal data in accordance with the following definition:
“any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to identifiers such as name, identification number (ID card/SIM/Passport), location data, online identifiers or combining factors specific to the medical records, biometric data, criminal history, genetic data, financial data, children’s data or social identity of that natural person”.

2. WHO IS RESPONSIBLE FOR YOUR DATA
This Privacy Policy applies to personal data collected, used, and processed by KMI. For the purpose of this Privacy Policy, KMI shall be the controller of personal data. This is a legal term which means that we have collected, stored and maintained your data and, as such, we are responsible for ensuring it is used in accordance with applicable data protection laws. In order to meet compliance with the law, we provide you with the information in this Privacy Policy. If you are visiting our Site from outside Indonesia, please note that Indonesia has data protection laws, including Law 27 of 2022 on Personal Data Protection in Indonesia (“PDP Law”) that may not be consistent with other countries and that information collected about you in connection with your visit to our Site will be processed in accordance with Indonesian law.

Our website may provide links to other websites for your convenience and information. Such websites may operate independently from KMI. Linked websites may have their own privacy notices or policies, we strongly advise you to review them if you visit a linked website. We are not responsible for the content on websites not owned or controlled by KMI (including any ‘cookies’ used on such websites), the use of such websites, or the privacy practices of linked websites.

3. HOW WE COLLECT AND USE YOUR DATA
We collect some personal data directly from you, for example when you use our website, use our services, or contact us. Or we obtain your personal data (1) from Dealers (2) from entities we have contracted with for market surveys (exhibitions), purchasing, logistics, and other business purposes, or (3) from your equipment. (If your equipment settings allow, we collect machine operation data (including location data) from other similar equipment, devices or services).

Categories of data we collect about you
● Physical Location and Contact Information (name, mailing address, e-mail address, telephone number, fax number, ID card, and language contact preferences)
● Business Information (information regarding inquiries, purchases, regional locations, and previous transactions)
● Product and Usage Information (purpose of use of the product, product condition and machine operation data (including machine location and machine PIN (product identification number), etc.)
● Information we collect online. We collect personal data by using automated means, such as cookies as well as the “Dealer Search” facility. The information we collect in this way includes: IP address, browser type, operating system, referring URL, GPS, and information about actions taken or interactions with our digital assets. Our website uses Google Analytics (“Google Analytics”), a web analytics service provided by Google and anonymizes your personal data to perform data analysis.

How we process and store the data collected

We will process (collect, store and use) the information you provide in a manner compatible with the principles common globally to various personal data protection laws. We will endeavor to keep your information accurate and up-to-date, and not keep it for longer than necessary. We undertake to retain information in accordance with the law, such as information required for income tax and audit purposes. All data provided and/or obtained by KMI will be stored in accordance with applicable policies.

Purpose of data collection and processing

KMI uses your personal data to provide the goods and services you have requested or to remind you of other products or services as specified below.
Fulfillment of Your Inquiry. When you use our inquiry, contest, or survey functions on our website, we may use the information submitted together with other information we have about you, to provide relevant product and service offerings to better respond to your specific product or service inquiries or respond to complaints. If you use “Dealer Search”, your information may be provided to our distributors, dealers to fulfill your request.
Marketing and Promotion. KMI may use the information you provide through transactions and through our website to market new products and services to you. You may also opt out at any time. For this purpose, you will find additional information available in the section about your rights.
Customer Service and Support. We collect and use information about you to support our customer service and related support activities or transactions. This may include, but is not limited to, warranty service, financing or purchasing, product delivery, and maintenance support.
Business Purposes. We collect and use information about you to conduct our ordinary business activities or related transactions. This may include, but is not limited to, services, purchasing, logistics, recruitment activities and other relevant business activities.
Performance improvement. We use personal data to operate our business, which includes analyzing our work, developing our workforce, conducting research, and improving website content and functionality.
Compliance with Legal Obligations. We also use personal information to comply with laws and regulations, judicial and administrative orders, or lawful requests from government authorities.

Legal Basis for Processing
Under the PDP Law on data protection, KMI must have a legal basis for processing your personal data. The applicable legal basis in an instance will depend on which of the specific purposes described above KMI processes your personal data:
● In certain instances, KMI may ask for your consent to collect and process your personal data. If you choose to give your consent or if you have given it previously, you may later withdraw, revoke your consent, or request to delete your personal data by contacting us as described in the “How to contact us” section. Please note that any withdrawal, revocation of consent, or request to erase your personal data submitted to KMI, will not affect processing that has already taken place or that is being carried out based on other applicable grounds as set out below.
In other cases, the processing of your personal data may be necessary to comply with applicable laws or regulations or for the performance of the contract to which you are subject. You may not be able to opt out of this processing, or your choice to opt out may affect our ability to perform contractual obligations owed to you.
In other cases, KMI may process your personal data based on KMI’s legitimate interests in relation to our products, services and support which include, but are not limited to, analyzing our performance, and improving our products, services and website content and functionality, and on scientific research and educational opportunities. You have the right to opt out of all processing of your personal data. You can do so by contacting us as described in the “How to contact us” section.
In accordance with the PDP Law and other applicable laws, it may also happen that the processing of your personal data is deemed necessary for public or vital interests.

4. REASONS FOR SHARING YOUR PERSONAL DATA

Taking into account the interest in confidentiality of Personal Data provided by the Personal Data Subject, KMI may share your data with the following parties (Within the framework of joint use pursuant to the PDP Law, personal information may be disclosed, provided and used to/by business associates:
● Dealers, business partners who provide our products, and service providers to provide products and services related to the sale of KMI’s products, the company’s internal processes, or your account or transaction services.
Marketing partners, to market to you directly if you have given your consent for the purposes described above.
Our dealers as business associates, for the purposes described above and to the extent legally permitted.
Auditors, regulators and other entities, where legally required as necessary to protect our rights or property in connection with the sale of assets and/or companies.
Any third parties who may share your data with such obligations to keep your details safe, and to use them only to fulfill the services they provide to you on our behalf. When they no longer need your data to fulfill these services, they will dispose of the details in accordance with our procedures.
We guarantee that we do not sell your personal data. We also do not share your information with third parties for their own marketing purposes.

5. STORAGE OF YOUR PERSONAL DATA

KMI will only retain personal data for the period necessary and proportionate to the purpose for which it is processed, therefore, KMI has a method to notify data deletion through KMI’s website at regular intervals.

6. YOUR RIGHTS AND CHOICES

You have certain rights regarding the personal data we hold about you. We also offer you certain choices about what personal data we collect from you, how we use that data, and how we communicate with you. In accordance with applicable law, you have the right to (subject to certain limitations): ● access to your personal data processed by KMI. That is, you may obtain confirmation that we hold personal data about you, request access to and receive information about the personal data we hold about you, receive a copy of the personal data we hold about you, or request us to transmit such information to another company (“data portability right”).
● request correction, updating and deletion of personal data
● object, for legitimate reasons, to your personal data being processed
● object to your personal data being used for prospecting purposes, including in certain commercial (marketing) purposes
● withdraw or revoke any declaration of consent given through the Website or by other means (if any) that applies to the future at any time, and to access the wording of such declaration of consent at any time.
● object to a decision made solely on the basis of automated processing, including profiling, which has legal consequences or has a significant impact on the Data Subject.
You may request the fulfillment of your rights as a Data Subject by first completing the form provided by us, which can be accessed through the following link: Data Subject Request Form You may opt out of the collection and use of certain information, which we collect about you by automated means, when you visit our website. In certain jurisdictions, you can exercise your choice through the Cookie Consent tool provided on the relevant KMI website. Your browser may tell you how to be notified and opt-out of certain types of cookies. In addition, on our websites, we may provide you with other choices regarding the use of cookies. However, please note that without cookies, you may not be able to use all features of our websites or online services. For more information on Cookies, please see below.

Cookie Policy

7. CHILD PRIVACY KMI does not knowingly collect personally identifiable information from children or market to children. If a child has provided personal data to KMI through our website without the consent of his/her parent or guardian, the parent or guardian may contact KMI to request that such data be removed from our records. Upon receipt of such request, we will make reasonable efforts to remove the child’s information from our records.Cookies are small text files that websites send to your device for record-keeping purposes. It identifies your device, usually your web browser, but cannot identify you as an individual. Cookies that are necessary for a personalised user experience remember your preferences (e.g. language used) as well as your activities (e.g. login status) on our website, while other cookies provide enhanced functionality, collect analytics data to improve performance, or allow us or our Ad Tech partners to deliver personalised advertising by tracking you across the internet. You can choose whether to allow us or third parties (our Ad Tech partners) to set cookies that are not strictly necessary for the proper functioning of the website via the cookie banners and settings provided on the respective websites (available where legally required). KMI Cookie Policy [https://kubota-kmi.co.id/cookie-policy-eu/]

7. CHILD PRIVACY
KMI does not knowingly collect personally identifiable information from children or market to children. If a child has provided personal data to KMI through our website without the consent of his/her parent or guardian, the parent or guardian may contact KMI to request that such data be removed from our records. Upon receipt of such request, we will make reasonable efforts to remove the child’s information from our records.

8. INTERNATIONAL DATA TRANSFER
we may transfer the personal data we collect about you to recipients in countries other than the country in which the data was originally collected. Those countries may not have the same data protection laws as the country where you first provided the data. When we transfer your data to other countries, we will protect that data as described in this Privacy Policy or applicable laws, or as disclosed to you at the time the data was collected.

We may transfer your data to recipients in other jurisdictions if any of the following protections apply: ● The recipient is in a jurisdiction whose laws ensure an adequate level of data protection equivalent to that in Indonesia.
● We have implemented appropriate safeguards such as contractual commitments to protect your Personal Data, including, where applicable, standard contractual clauses approved by Institutions in Indonesia when providing personal information to third parties in countries outside Indonesia.
● You explicitly consent to such transfer.
If you would like to see a copy of the relevant transfer terms containing standard contractual clauses, please contact us as described in the “How to contact us” section of this Privacy Policy. Please note that KMI goes through a detailed due diligence process before selecting the data processors with whom we share your personal data.

9. HOW WE STORE AND PROTECT PERSONAL DATA
The security of your personal data is important to KMI. We are committed to protecting the information we collect. We maintain administrative, technical, and physical safeguards designed to protect the personal data you provide or we collect from accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure, or use. These safeguards are intended to protect the confidentiality, integrity and availability of the information you provide to us. We regularly assess the risks to your information and update our policies, procedures and technology accordingly. For details of the protections under the PDP Act, please refer to our Data Disclosure Policy or you can ask us by contacting us as described in the “How to contact us” section. KMI retains personal data only for as long as necessary for the fulfillment of the purposes for which the personal data was collected, unless otherwise required or permitted by applicable law. We take steps to destroy or permanently de-identify personal data if required by law or if the personal data is no longer necessary for the purposes for which we collected it.

10. OUR PRIVACY POLICY UPDATE

This Privacy Policy may be updated periodically. We will post a prominent notice on the relevant website to inform you of significant changes to our Privacy Policy and indicate at the top of the Privacy Policy when it was last updated.

11. OTHER INFORMATION
KMI will send notifications to you in the event of any notification and/or other information developments in relation to the Privacy Policy through the contact information provided.

12. HOW TO CONTACT US

If you have any questions or comments about this Privacy Policy, KMI’s privacy practices or if you wish to exercise your rights or to update the information or preferences you have provided to us, and if you have any concerns or complaints regarding KMI’s processing of your personal data, please email us at: [email protected]
If you consider that we are in breach of our obligations under applicable data protection laws, you always have the right to lodge a complaint with the competent government authority.