Komatsu España S.L. and its subsidiaries ("KESA") appreciate your interest in our Web site. The access to and use of this Web site are governed by the following Terms and Conditions. You are kindly invited to read them carefully before proceeding with your access to and use of this Web site. By accessing and using this Web site, you indicate that you reviewed the Terms and Conditions and that you agree to be bound by them. If you do not agree with them, please do not use this Web site.
Disclaimer
While KESA uses reasonable efforts to make that the contents of this Web site are helpful, accurate and up-to-date, KESA makes no warranty or representation about the accuracy or completeness of the contents of this Web site. All materials posted on this Web site, including software available for download, are provided on "as is" and "as available" basis. To the maximum extent permitted by applicable law, KESA does not provide any warranty of any kind, either express or implied, in relation to this Web site, or products or services offered on this Web site, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, availability, compatibility, security, or accuracy. In addition, KESA makes no warranty that the Web site, or products or services offered on the Web site, will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Web site, the server that makes it available or products or services offered on the Web site, are free of viruses or other items of a harmful or destructive nature. Any use of information obtained through the Web site is done at your sole risk and discretion any you will be solely responsible for any damage to your computer system or other devices or loss of data that results from the download of any electronic data obtained through this Web site.
Limitation of liability
KESA provides this Web site for informational, entertainment and convenience purposes only. KESA shall not be liable for any direct, indirect, incidental, special or consequential damages, lost profits or for business interruption arising out of the use of,the inability to use this Web site, the use of information provided on this Web site, error or computer virus arising out of the use of this Web site, even if KESA has been advised of the possibility of such damages. You agree to this allocation of risk in relation to your use of this Web site. If you are dissatisfied with the Web site your sole and exclusive remedy is the discontinuation of its use of the Web site.
Modifications to or withdrawal of Web site
KESA reserves itself the right to modify or withdraw, temporarily or permanently, (any part of) the Web site, without notice. You agree that KESA shall not be liable to you or any other third party following such modification or withdrawal.
Third party links
This Web site may contain links to non-KESA Web sites, including Web sites of other firms belonging or associated to Komatsu group. These links are solely provided as a convenience to the users of this Web site. You agree that KESA has no control over the content of linked Web sites and that such Web sites are not covered by the present Terms and Conditions. Therefore, you agree that KESA cannot make any warranty or representation, express or implied, as to the contents of linked Web sites and cannot assume any responsibility for their contents and use. A link to a non-KESA Web site does not mean that KESA endorses the contents of the linked Web site or the products or services referenced in a non-KESA Web site. If you use any link to a non-KESA Web site, you agree that you do so at your own risk and that it is your responsibility to take all protective measures to guard against viruses or other items of a harmful or destructive nature.
Copyright notice
Copyright 2018 KESA. All rights reserved. The contents of this Web site, including but not limited to text, images, graphics, sound, animation and video files, and their arrangement on this Web site are all subject to copyright and other intellectual property protection. You agree that the contents of this Web site may not be copied, reproduced, transferred, published, distributed, displayed, for commercial use, or modified or reposted to other Web sites, without prior written permission by KESA.
Trademark notice
This Web site contains names, logos and marks which are proprietary to KESA or third parties. All intellectual property rights contained in this Web site, including copyrights, trademarks, trade secret and patent rights, are reserved and their use or misuse is strictly prohibited. You agree that nothing contained on this Web site shall be construed as granting any license or right to use any KESA or third party intellectual property.
Submissions
You may send to KESA comments, questions, suggestions or ideas relating to any KESA Web site. If you do, you agree that - except from any personal data we may collect from you which is governed by our Privacy Policy, as stated below such information sent to KESA is not given in confidence, that KESA is not obligated to keep such information secret and that KESA is not obligated to respond. KESA shall be free to use the information you send to KESA in any manner, including but not limited to developing, manufacturing, and marketing products based on such information. KESA may also reproduce, disclose and distribute the information in your communication to others without limitation. All remarks, suggestions, ideas or other information communicated to KESA through the site will be the sole and exclusive property of KESA and KESA shall not be obligated to compensate in any form, the person sending such information.
Limit to the European Economic Area
KESA makes no representation that this Web site, or the products or services offered on this Web site, are appropriate or available for use in locations outside the European Economic Area. Further we cannot guarantee the availability of Komatsu products and services in your country. At all times you should contact your local Komatsu dealer for complete details regarding the products and services which may be available to you and for ordering.
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:
ii. Legitimate interests of KESA:
1.2. 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:
1.3. 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:
1.4. 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.
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.
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.
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.
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.
If you have questions or comments in relation to data protection matters, you may contact us at comercial@kesa.es
Cookies
On visiting this Web site, our computer server may deposit a piece of information ("a cookie") which is stored on your computer's hard drive by your Web browser. Usage of a cookie allows us to tailor our Web site to your individual preferences (e.g., choice of language) and to save time if you visit our Web site again. It also allows us to have information about the browsing patterns of our visitors (e.g., number of visits, average time spent on the Web site, Web pages viewed) so as to enable us to improve our Web site design and content. Most Internet browsers provide you with options that will let you control whether the browser accepts cookies, rejects cookies, or notifies you each time a cookie is sent to you.
Through the use of cookies, KESA may automatically collect some technical information, which is not personally-identifiable. We may aggregate this type of information for market research purposes and to improve our Web site. We do not use cookies to obtain personal information about any of our visitors.
If you do not accept KESA’s use of cookies on our Web site, it is possible for you to configure your brouwer to reject cookies by modifying your browser settings. However, this means we cannot guarantee that all functions of our Web site will function as intended.
Third party links
This Web site may contain links to non-KESA Web sites. These Web sites are not covered by this Privacy Policy and KESA declines any responsibility for the privacy practices of such Web sites.
Modifications to Terms and Conditions
KESA reserves the right to change the present Terms and Conditions at any time. You agree that you are responsible for regularly reviewing these Terms and Conditions and that your continued use of this Web site following any such changes shall constitute your acceptance of those changes.
Severability
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to governing law, including but not limited to the disclaimer and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the wordings and spirit of the original provision. The remainder of the Terms and Conditions shall continue in effect.
Governing law
The Terms and Conditions are governed by and construed in accordance with the laws of Spain, and in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to this Web site, the Courts of Madrid (Spain) will have exclusive jurisdiction.
Last modified in 24th May, 2018.