Privacy Notice

YANMAR S.P. CO., LTD (the “Company”) realizes the importance of the Protection of the Personal Data. Therefore, the Company hereby establishes this “Privacy Notice” (this “Privacy Notice”) in order to prescribe the appropriate process of the Company in collection, use and disclosure of the Personal Data which shall be complied with the Personal Data Protection Act and other related regulations (the “PDPA”). Please read this Privacy Notice carefully. By accessing the website of the Company, communicating through Social Network Service (for instance, Facebook, LINE, etc.) with the Company, signing up for any products sold by the Company, using services provided by the Company, and/or submitting any Personal Data to the Company, you will be deemed that you have agreed and consented to the terms of this Privacy Notice.

1. Definitions

“Data Subject” means the individual natural person whose Personal Data is collected, used or disclosed.
“Personal Data” means any information relating to a person, which enables the identification of such person, whether directly or indirectly, but not including the information of the deceased persons in particular.
“Sensitive Personal Data” means any Personal Data relating to a particular person regarding racial, ethnic origin, political opinions, cult, religious or philosophical beliefs, sexual behavior, criminal records, health data, disability, trade union information, genetic data, biometric data, or any data which may affect the Data Subject in the same manner, as prescribed by the Personal Data Protection Committee.
“Yanmar Group Companies” means Yanmar Capital (Thailand) Co., Ltd. in Thailand, Yanmar Holding Co., Ltd., Yanmar Power Technology Co., Ltd in Japan, and subsidiary companies, affiliate companies and/or companies of which shares are held partly or by entirely by Yanmar Holding Co., Ltd. and/or Yanmar Power Technology Co., Ltd. whether directly and/or indirectly.

2. Purposes of Collection, Use or Disclosure of Personal Data

Company shall collect, use or disclose Personal Data, which is limited to the extent necessary in relation to the lawful purpose of the Company.
The Personal Data which the Company will collect shall include, but not limited to, the following types of the Personal Data.

Personal Details such as name, address, gender, age, occupation, etc.
Contact Details such as phone number, fax number, e-mail address, etc.
Product Details such as serial number, engine number, etc.
Transaction Details such as payment date, etc.
Marketing Details such as preference of products, etc.

The Company will process the Personal Data of the Data Subject for the following purposes.

To provide and/or introduce any product and/or service of the Company or Yanmar Group Companies.
To engage in any marketing activities to promote product/service of the Company or Yanmar Group Companies.
To proceed, improve and/or change in connection with product, service and/or business operation of the Company or Yanmar Group Companies.
To respond to inquiries and requests from Data Subject
To manage the information technology operations, the communication systems and the information technological security.
To comply with law and regulations as well as to proceed with any legal proceeding.
To administer the risk and assess the risk.
To prevent potential fraud activities and/or to protect interest of the Company.

The Company shall not conduct any actions which are different from the purposes previously indicated above, unless:

The Data Subject has been informed of such a new purpose, and prior consent is obtained;
It can be done by the provisions of the PDPA or other laws.

The Company may collect, use or disclose the above mentioned Personal Data without the consent of the Data Subject in the following cases:

It is for the achievement of the purpose relating to the preparation of the historical documents or the archives for public interest, or for the purpose relating to research or statistics, in which the suitable measures to safeguard the Data Subject's rights and freedoms are put in place and in accordance with the notification as prescribed by the Personal Data Protection Committee.
It is for preventing or suppressing a danger to a Data Subject’s life, body or health;
It is necessary for the performance of a contract to which the Data Subject is a party, or in order to take steps at the request of the Data Subject prior to entering into a contract;
It is necessary for the performance of a task carried out in the public interest by the Company, or it is necessary for the exercising of official authority vested in the Company;
It is necessary for legitimate interests of the Company or any other persons or juristic persons other than the Company, except where such interests are overridden by the fundamental rights of the Data Subject of his or her Personal Data;
It is necessary for compliance with a law.

The Company may require the Data Subject to provide their Personal Data for entering into a contract or in connection with the provision of the Services. In such case, if certain Data Subject do not provide its Personal Data, the Data Subject may be unable to enter into a contract or receive the Services either partially or entirely.

In case the Company has to collect, use or disclose Sensitive Personal Data, the Company shall request explicit consent from the Data Subject before such collecting, except for the case where the Company is permitted by the PDPA or other laws to collect, use or disclose such Sensitive Person Data without the consent of the Data Subject.

3. Retention Period

The Company will retain the Personal Data of the Data Subject to the extent the Company requires such data for achieving the purposes of collection and use as specified above or prescribed by laws, and will promptly delete the same when such data is no longer necessary.

4. Disclosure and Transfer of the Personal Data

The Company may provide the Personal Data of Data Subject to third parties such as the subsidiaries and affiliates of the Company, Yanmar Group Companies, dealers, retailers, cloud vendors and contractors of the Company, to implement the purposes of collection or use specified above. Such third parties which the Company may provide Personal Data shall include those located in countries outside Thailand (including, without limitation, Japan).

In addition to the above, if the Company is to transfer the Personal Data of Data Subject to a third party located in a country outside Thailand, the Company will ensure that such third party shall have adequate data protection standard such as by executing standard agreement based on the PDPA.

5. Rights of Data Subject

Data Subject shall have rights as indicated below in accordance with the relevant law. The Company may refuse the request of the Data Subject where it is permitted by PDPA and other relevant laws.

Right to withdraw consent; however, the withdrawal of consent shall not affect the collection, use or disclosure of Personal Data that has been given consent legally earlier.
Right to request access to and obtain copy of the Personal Data related to the Data Subject or to request the disclosure of the acquisition of the Personal Data obtained without the consent of Data Subject.
Right to receive the Personal Data concerning the Data Subject.
Right to object to the collection, use, or disclosure of the Personal Data concerning the Data Subject, at any time.
Right to erase or destroy the Personal Data, or anonymize the Personal Data to become the anonymous data which cannot identify the Data Subject.
Right to restrict the use of the Personal Data.
Right to ensure that the Personal Data remains accurate, up-to-date, complete and not misleading.
Right to file a complaint in the event that the Company violates or does not comply with PDPA or notifications issued in accordance with the PDPA.

6. Continuous Improvement

The Company shall continuously review and revise its efforts regarding the processing of Personal Data in order to correspond with changes in the PDPA or any relevant regulations, processing methods and the environment.

7. Amendment to this Privacy Notice

The Company may amend this Privacy Notice at any time. The Company shall determine the effective date of the amendment and inform the Data Subject prior to such effective date.

8. Responsibility of Different Entity

The dealers and/or sellers which sell the Product of the Company are different entity from the Company. Therefore, those dealers and/or sellers have its own privacy notice/privacy policy and responsible for their possessing of Personal Data for their customers and/or its Data Subject.

9. Contact

The Company’s contact point regarding this Privacy Notice is as shown below. Any questions or concerns regarding this Privacy Notice or the processing of Personal Data by the Company, or any requests concerning access, correction, deletion, limitation of processing or data portability of the Personal Data, or any request to exercise any right of the Data Subject, shall be attended to this contact point:

Company name: YANMAR S.P. CO., LTD
Address: Ladkrabang Industrial Estate No. 115 Soi Chalongkrung 31, Lamplatiew, Ladkrabang, Bangkok 10520, Thailand
Telephone Number: 02-326-0700 (Ext. 826)
E-mail Address: ysp-privacy@yanmar.com