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California Privacy Rights

CALIFORNIA PRIVACY RIGHTS

This Privacy Notice amends our Privacy Policy and applies solely to users of Kubota products and services who reside in the State of California.

These additional disclosures are required by the California Consumer Privacy Act (“CCPA”) and are effective as of January 24, 2020:

Categories of personal information collected. The personal information that we may collect, or may have collected from consumers in the preceding twelve months, fall into the following categories established by the CCPA, depending on how you engage with us:

  • Identifiers, such as your name, alias, address, phone numbers, email address, or IP address;
  • characteristics of protected classifications under California or US federal law, such as age or gender, for example if we conduct user surveys or analysis;
  • commercial information, such as purchase activity;
  • Internet or other electronic network activity information, including content interaction information;
  • audio, visual, electronic or other similar information, including when you communicate with us by phone or otherwise;
  • professional or employment-related information, for example data you may provide about your business; and
  • inference data, such as information about your preferences;

For more information about the personal information we collect, Click Here

Categories of personal information disclosed for a business purpose. The personal information that we may have disclosed about consumers for a business purpose in the preceding twelve months fall into the following categories established by the CCPA, depending on how you engage with us:

  • Identifiers, such as your name, address, or phone numbers, for example if we use a third party marketing firm;
  • your age, gender, or other protected classifications under California or US federal law, for example if we conduct user surveys or analysis using a third party service provider;
  • commercial information, such as the details of a product or service you purchased if a third party service provider is assisting to provide that product or service to you;
  • Internet or other electronic network activity information, such as if we use a third party service provider to help us gather reports for analyzing the health and effectiveness our devices and services;
  • geolocation data, for example if a third party service provider is assisting to provide that product or service to you;
  • audio, visual, electronic or other similar information, for example if a third party service provider reviews recordings of customer support phone calls for quality assurance purposes; and
  • professional or employment-related information, for example data you may provide about your business

Please note that this Privacy Notice does not include personal information that falls under an applicable exclusion from the CCPA, such as certain employment and business-to-business information.

Categories of personal information sold. The personal information that we may have sold in the preceding twelve months fall into the following categories established by the CCPA, depending on how you engage with us:

  • Identifiers, such as your name, address, or phone numbers, for example if we use a third party marketing firm;
  • your age, gender, or other protected classifications under California or US federal law, for example if we conduct user surveys or analysis using a third party service provider;
  • commercial information, such as the details of a product or service you purchased if a third party service provider is assisting to provide that product or service to you;
  • Internet or other electronic network activity information, such as if we use a third party service provider to help us gather reports for analyzing the health and effectiveness our devices and services;
  • geolocation data, for example if a third party service provider is assisting to provide that product or service to you;
  • audio, visual, electronic or other similar information, for example if a third party service provider reviews recordings of customer support phone calls for quality assurance purposes; and
  • professional or employment-related information, for example data you may provide about your business

Rights and Choices

If you are a California resident and the processing of personal information about you is subject to the CCPA, you have a right to request that we provide you with the following information:

  • The categories and specific pieces of personal information we have collected about you in the last 12 months.
  • The categories of sources from which we collect personal information.
  • The purposes for collecting, using, or selling personal information.
  • The categories of third parties with which we share personal information.
  • The categories of personal information we have disclosed about you for a business purpose. Note that the CCPA defines “business purpose” broadly; and because we use service providers for a number of business purposes that require access to our systems that hold personal information (such as supplying cloud data storage, maintaining the security of our systems, and providing customer support), in the past 12 months we have disclosed for a business purpose data from all of the categories of personal information that we maintain.
  • The categories of personal information we have sold about you for each category of third party to which the personal information was sold. Note that the CCPA defines “sell” very broadly, and some of our data sharing described in this Policy may be considered a “sale” under that definition. We do not knowingly sell the personal information of minors under 16 years of age without affirmative authorization.

Deletion Request Rights

You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another Californian or Nevadan to exercise their free speech rights, or exercise another right provided for by applicable law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  • Enable solely internal uses that we reasonably believe would be aligned with your expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Your Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable request to us as described under “Contact Information” below.

You may make a verifiable request for access or data portability only twice within a twelve (12) month period. The verifiable request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable request does not require you to create an account with us, but we will treat requests made through your password-protected account as sufficiently verified when the request relates to Personal Information associated with your specific account. We will use Personal Information provided in a verifiable request only to verify the requestor’s identity or authority to make the request.

You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.

If you want an authorized agent to submit a “Delete My Personal Information” or “Access My Personal Information” request on your behalf, the authorized agent must provide proof of their registration with the California Secretary of State, as well as proof that you gave the authorized agent written permission to submit the request(s) on your behalf. We may also require you to verify your identity with us.

If you want an authorized agent to submit a “Do Not Sell My Personal Information” instruction on your behalf, the authorized agent must provide proof of their registration with the California Secretary of State, as well as proof that you gave the authorized agent written permission to submit the instruction on your behalf.

Personal Information Sales Opt-Out and Opt-In Rights

Children 16 years of age or older or their parents have the right to direct us to not sell their Personal Information at any time, but please note that we do not sell the Personal Information of any Californian who we actually know is less than 18 years of age. Californians who are opted in to Personal Information sales may opt out of future sales at any time. To exercise the right to opt out, you (or your authorized representative) may submit a request to us by visiting the following link: Do Not Sell My Personal Information

If you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize Personal Information sales. You may opt back in to Personal Information sales at any time. You do not need to create an account with us to exercise your opt-out rights. We will use Personal Information provided in an opt-out request only to review and comply with the request.

Verifiable Request Response Timing and Format

We endeavor to respond to a verifiable request within forty‑five (45) days of its receipt. If we require more time (up to either forty‑five (45) or ninety (90) days, depending on complexity), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will cover only the twelve (12) month period preceding the verifiable request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

If you want to exercise more than one of your CCPA rights, please submit a separate request for each CCPA right, which will help us handle your requests more effectively. Please be aware that we will process your requests in the order we receive them.

Please be aware there might be circumstances where we will not honor your request, as permitted under the CCPA. For example, if we are not able to verify your identity and that you are a California resident, we may not honor your access or deletion request. In addition, we may not delete your personal information if an exception under the CCPA applies.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Other California Privacy Rights

California Shine the Light

California’s “Shine the Light” law (Cal. Civ. Code § 1798.83) permits users that are residents of California to request certain information regarding our disclosures of Personal Information to third parties for such third parties’ direct marketing purposes. Please email or write to us as provided below to submit your request.

California Business and Professions Code Section 22581

California residents under the age of 18 who are registered users of online sites, services, or applications have a right under California Business and Professions Code Section 22581 to remove, or request and obtain removal of, content or information they have publicly posted. To remove content or information you have publicly posted, please send a detailed description of the specific content or information you wish to have removed; see How to Contact Us below. Please be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

Contact Information

If you have any questions about this Privacy Policy or the use of your Personal Information, please contact us by sending an email or writing to the following address:

Email: kea.g_contactus@kubota.com

Kubota Engine America
Attn: Marketing
505 Schelter Rd
Lincolnshire IL 60069

Changes to This Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this Privacy Notice, we will post the updated notice on our website, notify users that have opted to receive such notice, and update the notice’s effective date.

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