Privacy Policy

 

Privacy Statement

At KESA, we are concerned about your privacy. This policy describes who we are, what purposes we use your data for and how we process it. In addition, it tells you how we protect your data and how you can get in touch with us.

 

1. Who are we and what are our contact details?

This policy regulates the processing of data carried out by Komatsu España, S.L. (hereinafter “Komatsu”) with Tax ID number, and Address at Avda. Madrid nº 23, 28802 Alcalá de Henares (Madrid), as the controller of your data.

 

2. What are the purposes and lawful basis of the processing of your data carried out by Komatsu?

The data that Komatsu requests or may request from you is necessary for the purposes described in this policy and failure to provide it may lead Komatsu to be unable to contact you or manage your requests.

Komatsu reserves the right not to respond or process requests that do not include all the data that is requested.

By providing KESA with your data, you guarantee the veracity of the same and accept that KESA may periodically request the review and update of personal data that you keep.

2.1. In case you are a client or potential client of KESA

KESA will only request you and, therefore, will process the necessary data to provide you with the services you contracted or to be able to initiate and maintain a commercial and/or contractual relationship with you.

More to the point, the purposes for which your data may be processed by KESA and the lawful basis for that processing is as follows:

 

i. Performance of a contract between you and KESA or application of pre-contractual measures:

 

  • Manage the contractual relationship with you and ensure the provision of the contracted products and services by KESA, as well as the service quality, billing, collection and withdrawal of the same.
  • Manage the commercial relationship with potential clients, attending to requests for information on products and services offered by KESA.
  • Manage and process any legal claims, out-of-court claims and insurance claims received by KESA in relation to you.

 

ii. Legitimate interests of KESA:

 

  1. Carry out commercial communications related to products and services similar to those contracted by you. In this case, the legitimate interest of KESA would be to carry out direct marketing activities aimed at its clients, in accordance with Recital 47 of the General Data Protection Regulation.
  2. Conduct surveys and market studies to know the quality of our products or services and the preference of our clients. The legitimate interest of KESA is to improve the commercial offer and experience to its clients.
  3. Manage, monitor and administer the Website, apps and KESA’s platform, as well as improve the browsing experience of the same.

 

2.2. In case that you are a provider or potential provider of KESA

If you are or represent a supplier or a possible supplier of KESA and decide to contact KESA, the data that will be processed will be the necessary to initiate and maintain a contractual relationship with you, in case you are an individual entrepreneur, or with the company that you represent.

More to the point, the purposes for which your data may be processed by KESA and the lawful basis for that processing is as follows:

Performance of a contract between you and KESA or application of pre-contractual measures:

 

  1. Manage the commercial relationship with potential suppliers, attending to requests for information.
  2. Formalize the contractual relationship, which includes the contracting process and signature of the contracts.
  3. Manage the contractual relationship with the suppliers of KESA, which includes tracking the relationship and payment.

 

2.3. In case that you are a candidate to be an employee of KESA

You can contact KESA in case you wish to submit your Curriculum Vitae to participate in the selection processes that could be eventually carried out to incorporate new personnel to the company. For this purpose, KESA will request and, therefore, process the necessary data to manage your possible participation in selection processes, as well as to keep you informed of the possible selection processes in which you could fit in the future.

More to the point, the purposes for which your data may be processed by KESA and the lawful basis for that processing is as follows:

Performance of a contract between you and KESA or application of pre-contractual measures:

 

  1. Manage the personnel selection process of KESA, which will include the revision of the Curriculum Vitae and the conduct of personal interviews.
  2. Formalize the contractual relationship, which will include the contracting process and signature of contracts and labor agreements.

2.4. Data processing coupled with mere navigation through the Website

In order to improve our services, to provide you with more relevant content and to analyze how visitors use this Website, we may use technologies, such as cookies or tracking software. Please be aware that in most cases we will not be able to identify you from the information we collect using these technologies.

Regarding the use of cookies on this Website, please note that cookies are small pieces of information stored by your browser on your computer's hard drive. They enable you to navigate on this Website and allow us to provide features such as remembering aspects of your last search to make subsequent searches faster. You can delete cookies if you wish. While certain cookies are necessary for viewing and navigating on this Website, most of the features will be still accessible without cookies.

For more information on how we use cookies and how you can remove them, please read our Cookie Policy.

  1. Who are the third parties to which your personal data may be shared?

The personal data that you provide to KESA may be communicated to the following categories of recipients:

- Third parties to which KESA is obliged to transmit information, such as public authorities, in order to comply with the requirements of said authorities and the applicable regulations, as the case may be.

In addition, we inform you that KESA can count on or collaborate with companies outside the European Union. In those cases, KESA requires that these companies comply with the measures designed to protect personal data established in a binding contract, except in cases where the European Commission has determined that, the country where said companies are located provide for an adequate level of protection of personal data.

Should you wish, you may obtain a copy of the measures required by KESA by contacting us at contact details indicated below.

  1. How does KESA protect your data?

KESA has appropriate policies and has put into place technical and organizational measures to safeguard and protect your personal data against illegal or unauthorized access, loss or accidental destruction, damage, use and illegal or unauthorized disclosure.

At KESA, we will also take all reasonable precautions to ensure that our staff and employees who have access to your personal data have received adequate training.

In any case, please note that any transmission of data through the Internet is not completely secure and, as such, must be carried out at your own risk. Although we will do our best to protect your personal data, KESA cannot guarantee the security of the personal data transmitted through this Website.

  1. For how long does KESA keep your data?

The retention period of your data will be determined according to the duration of your contractual relationship with KESA and the deadlines defined by law. In this sense, the criteria that KESA uses to set the terms of retention of your data have been determined in accordance with the requirements established in the applicable legislation, regulations and guidelines, as well as the operational requirements of KESA related to the correct management of the relationship with its customers. Whenever you give your consent, your data will be kept up until a moment when you revoke said consent.

  1. How can you exercise the rights over your personal data?

You may exercise your rights of access, rectification, erasure, objection, limitation and portability, as well as to withdrawal at any time the consents you have previously given us, by Komatsu España, S.L. (hereinafter “KESA”), and Address at Avda. Madrid nº 23, 28802 Alcalá de Henares (Madrid) or by sending an email to comercial@kesa.es.

Furthermore, if appropriate, you can lodge a claim to the Spanish Data Protection Authority, especially if you consider that we have not adequately addressed your rights.

  1. How can you contact us?

If you have questions or comments in relation to data protection matters, you may contact us at proteccion_datos@kesa.es

 

Last modified in 24th May, 2018.