[MCFA]

Platform Privacy Policy

1

Our Commitment to Protect Your Privacy

 

Mitsubishi Caterpillar Forklift America Inc. (MCFA), and its affiliates, including but not limited to Rapidparts Inc., Mitsubishi Caterpillar Forklift Europe B.V. and Mitsubishi Caterpillar Forklift Asia Pte Ltd. (collectively the MCFA Group, we/our/us), are committed to safeguarding the privacy of our authorized dealers and customers (you/your) who use MCFA websites (Platform) to view and order our products. This privacy policy (Privacy Policy) sets out what personal data we collect from the Platform, and how we use it.

The laws of certain countries require us to provide you with additional information about our processing activities and we have included separate appendices to deal with these. If you are resident in the EEA, please refer to the EEA Appendix.

We will notify you of any changes to our Privacy Policy, including by posting the revised policy on the Platform. The changes will be effective from the date of posting.

 

2

The Personal Data We Collect

2.1

We will collect and process some or all of the following personal data about you:

(a)
Information about you ►

Your personal information such as your name and contact details (including email address, telephone number and fax number), your login details (including your username and password), your job title and job role and language preferences.

(b)
Website and communication usage ►

Details of your visits to the Platform and information collected through cookies and other tracking technologies including, but not limited to, your IP address and domain name, your browser version and operating system, traffic data, location data, web logs and other communication data, and the resources that you access.

 

3

How we collect Personal Data

3.1

We will collect some personal data from you directly, such as when you log in to the Platform for the first time. If you are a customer or dealer, we may have already collected your personal data from your dealer or our records and pre-loaded it on to the Platform for you to check when you log in.

3.2

We also use cookies and other tracking technologies to collect information about your usage of the Platform (see Cookies Policy).

 

4

Why we collect and use your Personal Data

4.1

In this section, we set out the purposes for which we use your personal data. Click ► for more details.

(a)
To provide our products and services to you ►

To process your orders, to deliver our products and services to you, to identify you and otherwise communicate with you in connection with your orders;

(b)
To provide customer support ►

For customer support purposes such as responding to your enquiries and requests;

(c)
For marketing purposes ►

To provide you with updates and offers, where you have chosen to receive these. We may also use your information for marketing our own products and services to you, where required by law, we will ask for your consent at the time we collect your data to conduct any of these types of marketing. We will provide an option to unsubscribe or opt-out of further communication on any electronic marketing communication sent to you or you may opt out by contacting us as set out in the “Contacting us” section below;

(d)
To improve our products and services ►

For the purposes of improving our products and services for the benefit of our customers generally, including to ensure that our Platform functions correctly and in accordance with your preferences and circumstances;

(e)
To comply with our legal obligations ►

To comply with our legal and regulatory obligations which may include disclosing your personal data to third parties, regulators or law enforcement agencies in connection with enquiries, proceedings or investigations by such parties anywhere in the world;

(f)
For legal and administrative purposes ►

For legal and administrative purposes such as screening against fraud and other criminal or unlawful activities, accounting, billing and audit purposes, and for understanding, exercising, enforcing or protecting our legal rights and those of others.

(g)
To reorganise or make changes to our business ►

In the event that we: (i) are subject to negotiations for the sale of our business or part thereof to a third party; (ii) are sold to a third party; or (iii) undergo a re-organisation, we may need to transfer some or all of your personal information to the relevant third party (or its advisors) as part of any due diligence process for the purpose of analysing any proposed sale or re-organisation. We may also need to transfer your personal information to that re-organised entity or third party after the sale or reorganisation for them to use for the same purposes as set out in this policy.

 

5

Who we share your Personal Data with

 

In certain circumstances, we will disclose your personal data to third parties as described below:

5.1
Our service providers and members of the MCFA Group who process personal data on our behalf for the purposes described in section 4 ►

We will permit our third party service providers, contractors, agents, advisors (e.g. legal, financial, business or other advisors) and other companies of the MCFA Group, to use your personal data on our behalf for the purposes set out in section 4.

5.2
Government and regulatory bodies and other individuals, bodies and organisations ►

We may disclose your personal data to governments, regulatory authorities, law enforcement bodies, legal advisers and other individuals, bodies and organisations for the purposes of complying with our legal obligations.

 

6

Transmission, storage and security of your Personal Data

 
IT Security
6.1

No data transmission over the Internet, a website, mobile application or via email or other message service can be guaranteed to be secure from intrusion. However, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your personal data in accordance with the requirements of data protection legislation.

6.2

All personal data we collect about you is stored on our or our subcontractors’ secure servers. We comply with our security policies and standards when accessing or using this information and restrict access to your personal data to those persons who need to use it for the purpose(s) for which it was collected. In particular, where we have given you (or where you have chosen) a password which enables you to access certain parts of our Platform, we ask you not to share a password with anyone.

6.3
Exporting your Personal Data
 

Your personal data may be transferred outside the country in which you are located, including to countries with a lower level of data protection than in the country in which you are located.

6.4
Retention period
 

We will retain your personal data for as long as is necessary for the processing purpose(s) for which it was collected and any other permitted linked purpose (for example where we are required to retain personal data for longer than the purpose for which we originally collected it in order to comply with certain regulatory requirements). Our retention periods are based on business needs and your information that is no longer needed is either irreversibly anonymised (and the anonymised information will be retained) or securely destroyed.

7

Your rights and contacting us

7.1
General rights
 

You have the right (subject to various exceptions and in accordance with data protection legislation in your country) to access certain personal data held about you and correct any inaccuracies. We may charge a reasonable fee for the processing of any data access request in accordance with data protection legislation in your country. You also have the right to raise a complaint about our processing with the data protection regulator in your jurisdiction.

7.2
Right to opt out of direct marketing
 

You have the right to ask us not to process your personal data for direct marketing purposes. You can exercise your right to prevent such processing by indicating that you do not consent to direct marketing at the point at which we collect your personal data. You can also exercise the right at any time after we have collected and used your personal data for direct marketing purposes by:

(a)

following the opt-out instructions contained in the relevant communications; or

(b)

updating your email subscriptions at My Privacy tab on the Platform

7.3
Updating information
 

We will take reasonable steps to try and ensure that your personal data is accurate. To help us do this, please notify us of any changes to your personal data.

7.4
Contacting us
 

Mitsubishi Caterpillar Forklift America Inc.
2121 W. Sam Houston Pkwy. N.
Houston, Texas 77043 USA

Attention: Robert E. Wilson / General Counsel
robert [dot] wilson [at] mcfa [dot] com

 

8

Links to Other Sites

 

The Platform contains links to other sites that are operated by third party companies with different privacy practices. You should remain alert when you leave our site and read the privacy statements of other websites. We have no control over personal data that you submit to or receive from these third parties.

 

9

Tracking

 

Because there is not yet a consensus on how companies should respond to web browser-based do-not-track (“DNT”) mechanisms, we do not respond to web browser-based DNT signals at this time. Please note that not all tracking will stop even if you delete cookies.