Website Privacy Statement

KOMATSU AMERICA CORP.

Introduction and Scope

In this Website Privacy Statement (“Statement”), Komatsu America Corp. (“Komatsu” or “we”) discloses information about how it collects personal data from you through the mykomatsu.com, komatsuamerica.com, and equipmentcentral.com websites and permutation web pages thereof that display a direct link to this Statement (the "Site").This Statement does not address any other data collection or processing practices, including, without limitation, data that we or our affiliates collect offline or through websites that do not display a direct link to this Statement. That information will be governed by whatever agreements, laws or regulations may apply to its collection and use. Also, please note that other companies within the Komatsu group or third party sites to which we link or that link to this Site may have different practices. Please note when the URL indicates you are no longer on the Site, and read the privacy policy of each website that you visit. Also, if you are an employee of Komatsu or its affiliate, please note that other internal company policies apply to you related to employee use of company computer systems and networks. If you are a distributor, we or our affiliates may have other rights or obligations regarding data and privacy, whether through agreement, law, regulation or otherwise, and those obligations will supersede any provision of this statement to the extent inconsistent.

This Site is for Businesses in the U.S. and Canada

This Site is not directed to children under the age of 13 and does not knowingly collect personally identifiable information from children. The Site is directed to persons located in the United States and Canada only, and is not intended for use by persons located in other jurisdictions. This Site is not directed to or intended for use by consumers or for personal, family or household purposes.

Passive Information Collection and Use

During your visit, the Site may passively collect certain kinds of information, e.g., without limitation, in the following circumstances: Cookies: “Cookies” are small text files sent from a website to the hard drive of a user's computer to store bits of information related to that user. Cookies can store a variety of information, including IP addresses, navigational data, server information, data transfer times, user preferences, and passwords needed to access the special areas on the Site. If you configure your browser to reject cookies, you might not be able to access important functions or enjoy certain conveniences at the Site. Other Passive Web site Tracking. This Site also uses Internet Protocol (IP) addresses and log files to identify server problems, to improve site content, and compile aggregated statistics about Site usage and clickstream data. We also may use Web beacons to help personalize your experience, similarly to how we use cookies. Companies that help us place advertisements on our site may use Web beacons to serve cookies and advertisements. We also may use Web beacons to gather non-personally identifiable information about the number of users who visit our Web site, the areas which they spend their time visiting, and other demographic data. Only Komatsu and our advertising agents will have access to the data obtained with Web beacons. Most of the aforementioned data does not typically allow us to identify you personally, however, we reserve the right to combine such data with personal data that you actively submit (e.g., without limitation, by linking IP addresses collected passively to IP addresses collected in connection with active data submissions in connection with a purchase order for parts). The foregoing are only examples. Komatsu reserves the right to introduce similar new passive tracking technologies and techniques related to the use of the Site in compliance with applicable law.

Active Information Collection and Use

The Site actively collects personally identifiable information from you when you complete online forms or otherwise affirmatively provide such information. The kinds of personally identifiable information (”Personal Information”) that the Site may collect include, without limitation, your name, title, address, e-mail address, telephone number(s) facsimile number(s), location of your distributor, language preference, your password and customer number, login and User ID for the Site (utilized in a few specific areas on the Site) and in the case of KFConnect, your Customer Credit Account Number and Customer ID. If credit is required for services such as parts ordering, additional information such as D&B number, sales history, number of employees, years your company has been in business, and other relevant company information may be required. If you are utilizing the fleet management portions of our site, you may also be asked to provide information about your machines. We can actively collect Personal Information on the Site in many different ways, including when you send us an e-mail or submit a reply form, request an online newsletter or other materials or literature, submit information to inquire about the lease, purchase, or finance of equipment, parts, or related services or submit a resume or other information in connection with a job opportunity. We may use and disclose Personal Information for many reasons, including to communicate with you, for example, to answer the e-mail and correspondence we receive, to provide you with information about products and services, to take action to respond to an inquiry, to confirm your order, and to notify you of important changes in the functionality of the Site or other notices related to the handling of your Personal Information. We may also use the Personal Information collected by the Site to market products and services to you. If you do not want to receive such marketing materials, please see the paragraph below entitled “Opt-Out.” In some instances, we may combine Personal Information collected by the Site with other kinds of information that is not covered by the scope of this Statement. For example, when you register to order parts online, we may create a customer profile by combining actively collected Personal Information (such as your name, address, password or User ID) with other information such as your product purchase history; we might obtain information about your product purchase history from offline sources, such as your distributor and processing of such data is not covered by this Statement. In addition, please note that in instances where you log into certain areas of the Site using your password and User ID, all of the information collected passively about you (e.g., using navigational data or cookies) may also be linked to you, and therefore may become Personal Information.

Disclosure of Personal Information

We may share your information with affiliated companies, distributors, sales representatives, contractors, and other trusted third parties in order to deliver products and information to you, to compare and update information, and for other legitimate business reasons. Also, we reserve the right to fully use and disclose any information collected via the Site that is not in personally identifiable form.

Opt-Out

In connection with certain specific promotions, joint campaigns with selected partners or other projects, we may ask you specifically whether you have objections against a certain kind of data use or sharing. If you opt-out under such circumstances, we will respect your decision. Please note that our affiliates and other data recipients have their own data privacy policies, which may differ from ours and you would have to contact them separately with respect to such requests.

Access

If Personal Information you have submitted through the Site is no longer accurate, current, or complete, and you wish to update it, please send an-mail through our Contact Us section. Upon appropriate request we will usually be glad to update or amend your information, but we reserve the right to use Personal Information obtained previously to verify your identity or take other actions that we believe are appropriate.

Security

Transmissions over the Internet are never 100% secure or error-free. As a result, we do not, and cannot, guarantee the security, accuracy, or completeness of the Personal Information we gather from you. However, in certain locations on the Site, such as where users provide information to purchase parts or equipment, the Site may use encryption to protect such transmissions. Moreover, in general, the Site takes reasonable steps to protect Personal Information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. All Personal Information is retained in electronic form on secure servers located in Illinois and Virginia. It is your responsibility to safeguard any password and User ID you use to access the Site and to notify through our Contact Us section if you ever suspect that this password or User ID has been compromised. You are solely responsible for any unauthorized use of the Site conducted via your password and User ID.

Effective Date, Changes to this Statement

This Statement is effective as of March 1, 2007. We reserve the right to change this Statement from time to time and in our sole discretion. If we make material changes to the Statement, we will post a revised version on the Site. Please check the Statement frequently and particularly before you submit additional information via the Statement. Your continued use of the Site constitutes your acceptance of our changes.

Contact Us

Please feel free to contact us with any comments, questions, complaints or suggestions you might have regarding the information practices described in this Statement. You may send us an e-mail through our Contact Us 1701 W. Golf Road, Rolling Meadows, Illinois, 60008.