In this privacy policy (“Privacy Policy”) we will provide you with information about the collection and processing of your personal data by Kawasaki Motors Europe N.V. (“KME”). KME will treat your personal data with the utmost care, and inform you in advance on how we collect and process your data, how long your data is stored, with which third parties such data is shared and which rights you have with respect to such personal data.
When you visit any of our websites we may place small text files or cookies on your device to collect information from you, such as your name, email address, IP address or location data. Such use is governed by our Cookie Notice & Settings [include hyperlink], and you can find out more about this in paragraph 5 below.
Please read this Privacy Policy carefully so that you understand how KME collects and uses the personal data that you provide.
1. What does this privacy policy cover?
This Privacy Policy covers the use of your personal data which is collected through or in connection with KME’s websites. Please note that KME websites may contain links to third party websites, and this Privacy Policy and our Cookie Notice & Settings do not apply to such websites and the collection and processing of your data by the third parties operating such websites. KME will not be responsible for the privacy notifications and practices of other websites even if:
- you accessed the third party website using links from our website; or
- you linked to our website from a third party website.
KME recommends that you check the notices of each site you visit and contact the owner or operator of such website if you have any concerns or questions.
2. Which categories of personal data are processed by KME?
The categories of personal data that are collected are: your name, address, IP address and email address, phone number and, subject to your consent, information about your device and your visits to our websites as set out under paragraph 5 below.
3. Who is responsible for the personal data collected on KME’s websites?
KME controls the personal data collected on KME’s websites. Therefore under the terms of the General Data Protection Regulation (“GDPR”), KME is the controller of the data you have provided.
4. For which purposes will your personal data be processed?
The personal data that is collected via KME’s websites may be used in order to carry out our obligations arising from any contracts entered into between you and KME, including:
- responding to queries or requests submitted by you;
- processing orders or applications submitted by you;
- administering or otherwise carrying out our obligations in relation to any agreement you have with us;
- anticipating and resolving problems with any products or services supplied to you;
- planning a test ride upon your request;
- participating in one of our promotions.
The legal basis for such processing is Art. 6(1)(b) GDPR, if we have a contract with you (like our Terms [include hyperlink]), or we need to take steps to enter into a contract with you at your request.
From time to time, and subject to your prior consent, KME would like to use the personal data you supply to us for:
- carrying out market research and tracking of sales data;
- informing you about our products and services, which may include contacting you by telephone or giving your personal data to KME affiliate offices and companies, which may be located outside the EEA (subject to the limitations relating to transfers of personal data outside the EEA set out in paragraph 7 below), to enable them to send you information which may be of interest to you;
- creating products or services that may meet your needs; therefore KME may ask from time to time if you would like to take part in one of our surveys;
- sending a Kawasaki wish list to your email address upon your request;
- sending news letters to your email address if you have subscribed yourself.
The legal basis for such processing is your consent, Art. 6(1)(a) GDPR.
If you wish that KME at any time ceases the use of your personal data for any or all of the above mentioned purposes, please let us know by using the contact information included in paragraph 12 below.
5. How does KME use Cookies?
KME may store cookies on your device when you visit our websites. KME is able to read these cookies for information purposes when you revisit our websites. The type of information KME collects as a result of a cookie being accepted by you is specific to your computer and includes the IP address, the date and time the computer visited the websites, what parts of our website were looked at and whether the web pages requested were delivered successfully.
KME uses the cookie information to improve our knowledge of the use of our website and to enable us to be able to ascertain whether the website is operating at an optimal level. This allows KME to enhance our web offerings to you and to provide an enjoyable and an innovative online experience.
Our use of cookies on our websites is governed by our Cookie Notice & Settings [include hyperlink], and in this document you can learn more about the different cookies and how to manage your cookie settings.
6. Will your personal data be shared with third parties?
When you use our products, services or websites, KME may share your personal data with third parties for the purposes listed in paragraph 4 above. This may be necessary, for example, to allow us to properly perform the agreement to which you are a party, or because we need to do so to comply with applicable law. When we share your personal data with third parties who process personal data on our behalf (data processors), we will ensure that your personal data are protected in accordance with the GDPR and the terms of this Privacy Policy through the data processing agreements we have concluded with these third parties.
KME is a subsidiary of Kawasaki Heavy Industries, Ltd. (“KHI”), a global organization, and as a result we may need to transfer your data to KHI in Japan (which has an adequacy decision – see also paragraph 6 below) . KME will only do so where KME has obtained your express consent (Art. 6(1)(a) GDPR) or where KME has a legitimate interest that such data is transferred, most notably for compliance purposes.
Subject to your prior consent, our websites may allow third parties to install cookies on your device when you visit our websites. Please see our Cookie Notice & Settings [include hyperlink] to learn more about the different cookies and to manage your cookie settings.
Except as set out in this Privacy Policy, KME will not disclose any of your personal data without your permission unless KME is legally entitled or required to do so (for example, if it is necessary to execute an agreement, comply with a legal obligation or for the purposes of prevention of fraud or other crime) or if KME believes that such action is necessary to protect your vital interests or those of any other person.
7. Where is your personal data processed?
As part of the products and services offered to you through our websites, the personal data you provide to us may need to be transferred to countries outside of the European Economic Area ("EEA"). By way of example, this may happen if any of our servers are, from time to time, located in a country outside of the EEA, or one of our service providers is located in a country outside of the EEA. Where any of our data processors is located outside of the EAA, the data processor is either located in a third country for which there is an adequacy decision from the European Commission, or an adequate level of protection is guaranteed by standard data protection clauses issued by the European Commission and entered into with the respective data processor.
8. What security measures does KME take to protect my personal data?
KME has taken appropriate technical and organizational measures to protect your personal data, in accordance with the GDPR, against destruction, loss, alteration, unauthorised disclosure or unauthorized access, including by ensuring that:
- the confidentiality of your personal data is guaranteed and the integrity and availability of your personal data will be maintained;
- our personnel is trained in information security requirements; and
- your personal data is protected against unauthorized access.
9. How long will your personal data be stored?
Your personal data will not be stored longer than strictly necessary for the purpose of the processing. We apply a retention period of 30 days for transactional email (related to the features such as book a test ride, wish list) and a retention period of six months for marketing emails (mass emails). Certain data may be stored for a period following the termination of the provision of products and services, but only when – and for as long as – this is necessary to comply with our obligations under applicable law.
10. Which are your rights regarding the personal data you have provided to KME?
Under the applicable data protection legislation, you have several rights regarding your personal data that is processed by KME:
- Right of access. This means that you have the right to obtain confirmation as to whether or not personal data concerning you is being processed, and, where that is the case, access to the personal data and the purposes of such processing;
- Right to rectification. If we are processing inaccurate personal data, you have the right to obtain rectification of such inaccurate personal data;
- Right to erasure (‘right to be forgotten’). You have the right to request the erasure of your personal data, subject to certain conditions;
- Right to data portability. You have the right to request a copy of your personal data in order to transmit such data to another controller;
- Right to restriction of processing. You have the right to request restriction of processing your personal data;
- Right to object. You have the right to object, on grounds relating to your specific situation, to the processing of your personal data by KME which is based on art. 6(1)(e) (tasks in the public interest) or 6(1)(f) GDPR (our specified legitimate interests). You also have the right to object to the processing of personal data by KME where personal data is processed for direct marketing purposes, unless you want to object to the processing in part.
- Right to withdraw a consent: As far as our processing is based on a consent (pursuant to Art. 6(1)(a) GDPR), you may withdraw your consent at any time. The withdrawal of consent does not affect the lawfulness of processing based on the consent before its withdrawal.
- You have the right to lodge a complaint with a data protection supervisory authority located in the European Union.
11. Will this Privacy Policy change?
From time to time KME may make changes to this Privacy Policy. If KME makes any substantial changes to the way in which KME uses your personal data, KME will post these changes on this page and KME will give you the opportunity to adjust your preferences if necessary. Please check our Privacy Policy on a regular basis.
12. Whom should you contact if you have any questions or complaints?
Questions, comments, requests, complaints regarding this Privacy Policy or the use of your personal data please contact KME at Jacobus Spijkerdreef 1-3, 2132 PZ Hoofddorp, The Netherlands or emailed to privacy@kawasaki.eu.