Privacy statement

The online merchandising of Komatsu Europe International NV/SA (with registered office at Mechelsesteenweg 586, 1800 Vilvoorde and with enterprise number 404.968.268) Komatsu is distributed by MCS Kick & Rush (with registered office at 8 Rue Saint-Sébastien, 1420, Braine-L’Alleud, Belgium and with company number 0457.855.935) and can be ordered via the webshop Komatsu Merchandising.

• 1. Data controller
  
  

  Komatsu is the controller for the processing of all personal data on the Webshop. MCS Kick & Rush processes these personal data on the Webshop on behalf of Komatsu. For questions about your privacy on the Webshop, you can in first instance contact the after-sales service department of MCS Kick & Rush, which can be reached at: +32 (0)15 50 05 10 and komatsu-shop@kickandrush.com.

  MCS Kick & Rush strictly observes all applicable laws and regulations with regard to privacy and data protection, in particular the Belgian Act of 8 December 1992 on the protection of privacy with regard to the processing of personal data and the European Regulation 2016/679 of 27 April 2016 regarding the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter the "General Data Protection Regulation" or "GDPR").

• 2. Personal data collected
• 2.1. The data that you communicate to us
  

  This happens when you create an account on the Webshop and includes for example your identification details (name and first name, address, date of birth, IP address) and your contact details (e-mail address or telephone number).

• 2.2. The data that is collected automatically
  

  Certain data is collected via cookies. For more information about cookies, please refer to our cookie statement.

• 3. Lawfulness and purposes of the processing of personal data
• 3.1. General purposes
  

  We only process your personal data for legitimate purposes. In particular, we collect your personal data in order to:

  • 3.1.1 be able to deliver the products or services offered on the Webshop and to manage the technical administration of the Webshop;
  • 3.1.2 keep track of your order history, in order to enhance your experience as a user of the Webshop;
  • 3.1.3 allow you to exercise your rights under consumer protection rules; and
  • 3.1.4 send you e-mails with offers on the Webshop that might interest you.
  • In the first two cases, the processing of your personal data is necessary for the performance of a contract to which you, as the user of the Webshop, are a party, as provided for in article 6.1 (b) GDPR. In the third case, the processing of your personal data is necessary to comply with a legal obligation, as provided for in Article 6.1 (c) GDPR. In the fourth case, the processing of your personal data is in a legitimate interest, as provided for in Article 6.1 (f) GDPR and Article 13.2 of the European Directive 2002/58 / EC on privacy and electronic communications.

• 3.2. Direct marketing and communication to third parties
  

  Your personal data will be kept strictly confidential and will in no case be communicated to third parties or used for direct marketing purposes (apart from the direct marketing of the products of the Webshop itself, as mentioned in point 3.1.3) [, unless MCS Kick & Rush would have obtained explicit prior consent for this ("opt-in") with your application. If you have given such consent, you can revoke this consent at any time.]

• 4. Duration of keeping your personal data
  

  Your personal data will not be stored for longer than is necessary for the purposes mentioned above.

• 5. Your rights as a user of the Webshop
  

  As a user of the Webshop you have the following rights:

• 5.1. the right to view your personal data and to have them rectified or erased;
• 5.2. the right to request that the processing of your personal data be restricted;
• 5.3. the right to object to the processing of your personal data;
• 5.4. the right to portability of your personal data.

• 6. Security and confidentiality
  

  MCS Kick & Rush has developed appropriate technical and organizational security measures in order to prevent the destruction, loss, forgery, modification, unauthorized access or notification by mistake to third parties of personal data collected on the Webshop, as well as any other unauthorized processing of these data.

  MCS Kick & Rush reminds you that the Webshop may contain links, hyperlinks or references to other websites that MCS Kick & Rush does not control and to which this Privacy Statement does not apply. This is because these sites are not operated by MCS Kick & Rush. MCS Kick & Rush is not responsible for the content of such sites. MCS Kick & Rush therefore recommends that you carefully read the privacy statement of each external site that you visit, as this may differ from this Privacy Statement.

• 7. General Conditions
  

  This Privacy Statement is subject to, and forms part of, the General Terms and Conditions of the Webshop. You can find these General Terms and Conditions here.

DATA STORAGE

Data collected by Ingenico is stored for an adequate time to process the online payment/fulfill the contract between MCS Kick & Rush and Ingenico. Highest security standards are applied on data storage, all compliant to Payment Card Industry Data Security Standard (PCI DSS).

CIRCULATION OF DATA TO SERVICE PROVIDER IN THE FRAME OF TRANSACTION PROCESSING

MCS Kick & Rush/Ingenico will not sell or rent private data to third parties. Furthermore, MCS Kick & Rush/Ingenico will not share private data with third parties, unless it is necessary to fulfill the contract/transaction you have with MCS Kick & Rush/Ingenico, or you have given us your allowance. Situations when your data is transferred to third parties are the following:

Ingenico may share data with certain trusted partners, whose contribution is necessary to perform the payment process in the context of technical partnerships. Data might for example be shared with the post to send out invoices, the Visa, MasterCard, American Express... processors to process your payment to the merchants or to service providers to undertake analyses on behalf of Ingenico.

These third parties are forbidden to use your personal information for any purpose other than the provision of these services to Ingenico, and are obliged to keep your information confidential.