LEGAL POLICIES

Your Privacy Rights

Kawasaki Motors Corp., U.S.A. (“KMC, “we,” and “our””) is committed to protecting the privacy and security of each visitor to the websites operated by or on behalf of KMC. Please note that while these websites, Kawasaki-la.com and its subdomains (collectively, the “Websites”), are owned and operated by KMC, they operate exclusively as a service for Kawasaki Latin America distributors (“Local Distributors”), and that any data collected or processed by the Websites is collected or processed on their behalf and is subject to their respective data practices and policies.  Please utilize specific distributor pages here, refer to those applicable Local Distributors’ respective privacy policies, and note that their pages may have additional terms.

Privacy Policy

This privacy policy (the “Policy”) describes the treatment of information collected via the Websites, and your use of the Websites signifies your consent to the data practices explained in this Policy and agreement, the below Terms of Use, and any additional terms, notices and policies posted on Local Distributor pages. If you do not agree, do not access the Website and use your browser’s “Back” button to exit.

The Policy applies only to information that we collect on the Websites or through email communications directly related to the Websites, and does not apply to information which we may collect by other means (including offline) or from other sources.

1. Information Collected
In order to access certain products, services, and areas (collectively, the “Services”) within the Websites, you may be asked to disclose certain identifying information (collectively, “Personal Information”). This information may include your legal name, address, shipping address, phone number, email address, subscriber or username, information concerning your ownership of products sold by KMC, areas of interest, and password used to access the Services. KMC reserves the right to request any additional information necessary to establish and maintain your account for use of any of the Services available on the Websites. KMC’s collection of Personal Information via the Websites and its Services is performed by KMC as a service provider and processor for Local Distributors, who are the data controllers and solely responsible to you for such Personal Information.

In addition to Personal Information that you may directly provide via the Websites, the Websites may automatically track certain information based upon your behavior on the Websites and in connection with the Services. We use data collection devices, such as cookies or web beacons, on the Websites for purposes such as to help analyze webpage flow, website performance, and structure content; store your user preferences; and track and enhance your experience as a user on the Websites. Cookies are pieces of information that a website transfers to an individual’s computer for record keeping purposes. These cookies will be placed as a text file in the browser of your computer. Web beacons are small pieces of data that are embedded in images on the pages of a website. Cookies, web beacons, and other technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information.

Other information that may automatically be collected via the Websites includes computer type; browser-type and plug-ins; operating system; java script enables; domain registration and configuration; and geographic location. Additionally, the Websites may automatically collect the Uniform Resource Locator (the “URL”) of the web pages that you view. The URL is the location of the web page. We may collect the URL that you just came from (whether this URL is on the Websites or not), which URL you next go to (whether this URL is on the Websites or not), your computer browser information and your Internet Protocol (“IP”) address. Your IP address is a unique numerical address consisting of four numbers separated by periods which provides the location of an individual computer on the Internet. IP addresses are used to designate the computer from which you are accessing the Websites.

Local Distributors may update and supplement Personal Information that they have collected directly from our users with other information that we obtain from third parties, and we may assist them is doing so.

2. Uses of Personal Information
Personal Information collected as provided above is collected and processed on behalf of and used explicitly by and for applicable Local Distributors. Please utilize specific distributor pages here, refer to those applicable Local Distributors’ respective privacy policies, and note that their pages may have additional terms.  Those Local Distributors may use your Personal Information to provide services to you; to contact you with information about Kawasaki Latin America products and services, including reports and customer notifications regarding new products and services, upcoming events, and orders; and for product development and content improvement.

3. Consent to Processing and Transfer of Personal Information

The Websites are operated in the United States, and given the focus of the Kawasaki Latin America Local Distributors, collection and processing of your information may involve the transmission of data on an international basis. If you are located outside the United States, please understand that information we collect may be transferred to and processed in the United States. By using the Websites, or providing us, or Local Distributors, with any information via the Websites, you consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen.

These Websites are not intended to collect Personal Information from residents of the European Union, UK, or CZ and should not be used by residents or other data subjects of those territories.

4. How We Protect and Store Personal Information
We protect your Personal Information by maintaining physical, electronic, and procedural safeguards in compliance with applicable U.S. federal and state regulations. We use computer safeguards such as firewalls and data encryption, and we authorize access to Personal Information only for those employees who require it to fulfill their job responsibilities. ALTHOUGH WE EMPLOY MANY DIFFERENT SECURITY TECHNIQUES TO PROTECT SUCH DATA FROM UNAUTHORIZED ACCESS BY USERS, ABSOLUTE SECURITY DOES NOT EXIST ON THE INTERNET. KMC will have no liability for disclosure of Personal Information due to errors in transmission, unauthorized acts of third parties or through the use of third-party cookies, including those of advertisers when you view or click on their advertisements.

5. Children's Online Privacy
These Websites are not intended for use by children under 13 years of age. As part of our compliance with the Children’s Online Privacy Protection Act, we do not knowingly collect names and email addresses from children under 13. In the event a child under the age of 13 submits a request or question via the Websites and identifies his or her age, we may use the child’s email address for the sole purpose of responding to the child's question on a one-time-only basis. However, we will not use the child's email address for subsequent contact with the child, and we will delete that address from our records once we have responded. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make reasonable efforts to delete such information from our database or otherwise treat it as required by applicable law.

We do not sell or knowingly divulge ANY personally identifiable information regarding children under 13 to third parties, unless otherwise required to comply with applicable laws, to comply with a court order or subpoena, to enforce our Terms of Use, other applicable terms and conditions, or to protect the safety and security of our users and our Websites.

6. Links to Non-Affiliated Websites
This Policy applies only to information collected by the Websites, which may contain links to other websites that are not owned or operated by KMC. Please be aware that KMC is not responsible for the privacy practices of other internet sites. When you leave the Websites, please read the privacy statements of any website that may collect your Personal Information. As noted, each Local Distributor’s pages are subject to that Local Distributor’s own data practice, policies and terms of use.

7. Updates
KMC reserves the right to change or update this Policy, the Terms of Use below, or any other KMC policy or practice, at any time. Any changes or updates will be effective immediately upon posting to the Websites, and your use of any of the Websites following such posting constitutes your acceptance of the Policy as so changed or updated.

8. KMC’s Right to Contact You; Contacting KMC
KMC reserves the right to contact visitors to this Policy, the Terms of Use below, or any other KMC policy or practice relevant to visitors or users of the Websites.

If you have questions or concerns regarding this Policy, you contact us here. Please be assured that any Personal Information that you provide in communications to this email address will not be used to send you promotional materials, unless you so request.

TERMS OF USE

1. Use of the Websites
By accessing the Websites, you warrant and represent that you are of the age of majority where you reside, are legally entitled to do so and to make use of information made available via the Websites, and consent to the application of U.S. law to your use of the Websites.

2. Trademarks
The trademarks, names, logos, and service marks (collectively “Trademarks”) displayed on the Websites are registered and unregistered trademarks of Kawasaki Motors Corp., U.S.A. (“KMC,” “we,” or “us”) and/or Kawasaki Latin America distributors (“Local Distributors”). Nothing contained on the Websites should be construed as granting any license or right to use any trademark without the prior written permission of the Websites’ owner.

3. External links and Local Distributor Pages
External links may be provided for your convenience, but they are beyond the control of KMC or the Local Distributors and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. You understand that each respective Local Distributor is responsible for its pages on the Websites and agree to release and hold KMC harmless in all respects with resect thereto, including without limitation the Local Distributor’s content, and marketing, sales and data practices, and compliance with any applicable local law.

4. Warranties
KMC makes no warranties, representations, statements, or guarantees (whether express, implied in law, or residual) regarding the Websites.

5. Disclaimer of Liability
KMC shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury, or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the Websites, any information contained on the Websites, your or your company’s personal information or material and information transmitted over our system.

In particular, none of KMC, Kawasaki Latin America Local Distributors, nor any third party or data or content provider shall be liable in any way to you or to any other person, firm, or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury, or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

6. Conflict of Terms
If there is a conflict or contradiction between the provisions of the Websites’ Terms of Use and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the websites shall prevail in respect of your use of the relevant section or module of the websites.

7. Severability
Any provision of any relevant terms and conditions, policies, and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness, or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

8. Applicable Law - State of California
Use of the Websites shall, in all respects related to KMC, be governed by the laws of the state of California, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the California courts located in Orange county, California shall have exclusive jurisdiction over all controversies arising under these Terms of Use and agree that venue is proper in those courts.