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Last Updated: June 30, 2023
We are providing this notice to comply with the California Consumer Privacy Protection Act of 2018, as amended by the California Privacy Rights Act (“CPRA”) and other applicable California statutes and any terms defined in the CCPA have the same meaning used in the statute. This California Privacy Statement supplements the information contained in our general Privacy Policy published on our website at www.toyotaforklift.com (the “General Privacy Policy”) and applies only if information you submit to us is within the scope of the CCPA or other applicable California statute, which may be the case where we receive personal information from individuals in the State of California, USA. In the event of any conflict between this California Privacy Statement and our General Privacy Policy, this California Privacy Statement shall prevail.
Personal Information We Collect
We collect, and have collected from California consumers within the last twelve (12) months preceding the effective date above, the following categories of personal information and sensitive personal information as defined in the CCPA:
Category | Examples | Disclosed |
A. Identifiers | Name, addresses, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers | Sold Shared |
B. Personal information under California Civil Code Section 1798.80(e) | Name and other Personal Identifiers identified above, signature, address, telephone number, bank account number, payment card number, or other financial information, and education, employment and employment history for employees and job applicants. | Sold Shared |
D. Commercial information | (1) Records of products or services purchased from TMH or its affiliates, (2) information on actions taken on our websites or mobile apps, which may include information about services considered, and (3) information about consumer preferences and behavior that we collect on our websites and mobile apps or purchase from third parties in order to target consumers for digital advertisements or to personalize content we deliver on our websites and mobile apps. | Sold Shared |
F. Internet or other network activity | Browsing history, search history, information regarding a consumer’s interaction with TMH websites, applications, or advertisements on TMH websites or mobile apps or on third party sites and apps. | Sold Shared |
G. Geolocation data | Physical Location Information as discussed in our General Privacy Policy. | Sold Shared |
H. Audio, electronic, visual, thermal, olfactory, or similar information | Audio information from calls placed with customer service centers which may be recorded, and electronic information in the form of Internet or other network activity information as described above. | Sold Shared |
I. Professional or employment-related information. | Personnel information and current or past job history or performance evaluations for employees and job applicants. |
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K. Inferences drawn from other information | Inferences drawn from (1) the information we collect when a consumer visits our websites, uses our mobile applications, or interacts with tools, widgets or plug-ins related to TMH Offerings or TMH social media pages, (2) information we collect, including through third-party services, regarding content and other data posted on the Internet (such as public locations on the Internet), and (3) information about consumer preferences and behavior that we collect on our websites, mobile applications and other Offerings or obtain from third parties in order to create a profile about a consumer reflecting the consumer’s preferences, characteristics, predispositions, behavior, and attitudes. | Sold Shared |
We have sold or shared (both as defined in the CCPA) personal information in the listed categories as indicated above. For more information on selling and sharing of data please see the section below entitled “Selling and Sharing of Personal Information.” You may exercise your right to opt-out of the sale or sharing of your personal information to third parties by contacting us at the contact points below or by clicking the link below:
Do Not Sell or Share My Personal Information (toyotaforklift.com/ccpa-form)
Purposes For Use of Personal Information
We collect the categories of personal information and sensitive personal information listed above for one or more of the following business or commercial purposes:
- Providing our products and services to you or the business you represent (for example, if you provide us with personal information in order to place an order with us, we will use that information to process your payment, complete the sale and ship the product to you),
- Maintaining our business relationship and/or providing ongoing support, where you or the business you represent are a user of our offerings, products or services or a customer or you otherwise engage with us for business purposes,
- Informing you about our products and services (including customized and interest-based advertising), and responding to your comments or requests for information,
- Enforcing any contracts that we enter into with you or the business you represent, or defending claims arising from such contracts,
- Operating, maintaining, improving, administering and providing our offerings, including customizing, personalizing and optimizing offerings and customer experience,
- Safety and security purposes, including where necessary to protect the rights, property or safety of us or other users or customers,
- Where we are obligated, or permitted, to do so by applicable law, regulation or legal process, including disclosure to customs or other governmental authorities, or
- As described to you when collecting your personal information.
How Long Does TMH Keep My Information?
We may store the Personal Data we collect about you for as long as necessary to fulfill the purposes for which the Personal Data was collected, or as otherwise required by law.
Following termination or deactivation of your TMH Account, TMH may retain your Personal Data for a commercially reasonable time for backup, archival, and audit purposes.
The standards we use to determine the retention and deletion periods are as follows:
- To provide you services and products under an agreement,
- To support our operations,
- To improve our products,
- To meet legal, regulatory and statutory obligations,
- To secure our systems and ensure business continuity, or
- To accommodate the implementation of our data retention practices.
Sources of Personal Information
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from our customers. For example, from information that our customers provide to us related to the orders for products which they purchase from us or in connection with establishing an account with us.
- Directly and indirectly from activity on our websites, mobile applications and other offerings. For example, from submissions through our website or information collected automatically from use of our websites or mobile applications.
- From publicly available sources including mailing or email list service providers.
- From our third-party vendors or service providers, including payment processors.
- From third-party website analytics tools and cookies, web beacons and embedded tracking codes that collect information about visitor traffic on our website and mobile applications.
Disclosure of Personal Information for a Business Purpose
We may disclose to third parties the personal information we collect for the business purposes identified in the section of our General Privacy Policy entitled “How TMH Shares Your Information.” When we disclose personal information to a third party for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
In the preceding twelve (12) months, we have disclosed the following categories of personal information to a third party for a business purpose: Category A (Identifiers); Category B (Personal information under California Civil Code Section 1798.80(e)); Category D (Commercial Information); Category F (Internet or other network activity); Category G (Geolocation data); Category H (Audio, electronic, visual, thermal, olfactory, or similar information); Category K (Inferences drawn from other information).
We disclose such personal information for a business purpose to the following categories of third parties:
- Service Providers engaged by us to provide services, such as delivery and logistics companies, payment processors, website hosts and other IT infrastructure providers, ad services, and third party Analytics providers to help us analyze information about the Users of our websites, mobile apps, advertisements, and other Offerings,
- Our authorized sales and servicing dealer network to provide you with information about our products, for marketing and advertising purposes, and assist you with purchasing decisions,
- Our affiliates for information on potential interested buyers and to segment audiences for targeted advertising, or
- Third parties to whom you authorize us to disclose your personal information in connection with products we provide to you.
Selling and Sharing of Personal Information
We do not sell the personal information of consumers in the traditional sense. However, California’s definition of “selling” data is broad and covers many types of data transfers that do not involve selling for monetary consideration. Under the CCPA “share” means to disclose personal information to third parties for cross-context behavioral advertising which means targeting advertising based on personal information obtained from a consumer’s activities across third party websites or services. As is common practice among businesses that operate Internet websites, we may use personal information to target advertising as further described in our General Privacy Policy. As defined in the CCPA, we sell or share, and have sold or shared in the preceding 12 months, the following categories of personal information listed above to third parties:
Category | Categories of Third Parties to Whom Info was Sold or Shared | Purposes for Selling or Sharing |
A. Identifiers |
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B. Personal Information under Cal. Records Act |
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D. Commercial Information |
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F. Internet/Network Info |
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G. Geolocation Data |
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H. Audio, electronic, visual, thermal, olfactory, or similar information |
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K. Inferences from Data |
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L. Sensitive Personal Info |
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You may exercise your right to opt-out of the sale or sharing of your personal information to third parties by contacting us at the contact points below or by clicking the link below:
Do Not Sell or Share My Personal Information (toyotaforklift.com/ccpa-form)
We do not knowingly collect, sell, or share (as defined in the CCPA) personal information of persons under 16 years of age. We do not use or disclose sensitive personal information (as defined in the CCPA) for purposes other than those permitted purposes specified in the CCPA Regulations, including to perform services on behalf of our business (such as using location to determine the nearest store to a consumer).
Your California Privacy Rights and Choices
This section describes the specific rights afforded to California residents under the CCPA and explains how to exercise those rights.
Right to Know and to Data Portability
You have the right to request that we disclose certain information to you about our collection and use of your personal information. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personal information we collected about you,
- The categories of sources for the personal information we collected about you,
- Our business or commercial purpose for collecting or selling that personal information,
- The categories of third parties with whom we share that personal information,
- The specific pieces of personal information we collected about you (also called a data portability request),
- If we sold (as defined in the CCPA) your personal information, a list identifying the personal information categories that each category of recipient purchased, and
- If we disclosed your personal information for a business purpose, a list identifying the personal information categories disclosed
Right to Delete
You have the right to request that we delete any of your personal information that we collected from you and have retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete your personal information from our records, unless an exception applies.
We may deny your deletion request pursuant to certain exceptions provided in the CCPA, including to take actions reasonably anticipated within the context of our ongoing business relationship with you, to comply with legal obligations, or to make other internal and lawful uses of your person information that are compatible with the context in which you provided it. The response we provide will explain any reason for denying your request.
Right to Correct
You have the right to request that we correct any inaccurate personal information that we hold about you, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will correct (and direct our service providers and contractors to correct) inaccurate personal information that we maintain about you, unless an exception applies. Please note that we may need to verify the accuracy of the new data you provide to us. We will inform you whether your request has been complied with. If your request is denied, we will explain the reason for denying your request.
Right to Opt-Out of Sale or Sharing of Personal Information
You have the right to opt out of the sale and sharing (as defined in the CCPA) of your personal information. You may exercise your right to opt-out of the sale or sharing of your personal information to third parties by contacting us at the contact points below or by clicking the link below:
Do Not Sell or Share My Personal Information (toyotaforklift.com/ccpa-form)
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, your exercise of your CCPA rights will not result in us:
- Denying you goods or services,
- Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties,
- Providing you a different level or quality of goods or services, or
- Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
- Calling us at 1-855-450-1819
- Visiting our website at toyotaforklift.com/ccpa-form
- Contacting us using the other contact points specified below
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information (which may include information associated with any account you have with us) that allows us to reasonably verify you are either the person about whom we collected personal information or an authorized representative of that person, and
- 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 that the personal information relates to you. Government identification may be required. Making a verifiable consumer request does not require you to create an account with us.
Response Timing and Format
We will confirm the receipt of a request within 10 business days of receipt. We will endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (we may take up to 45 additional days), we will inform you of the reason and extension period in writing. The response we provide will 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 consumer 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.
Direct Marketing Disclosures
Under California Civil Code Section 1798.83 (known as the “Shine the Light” law), TMH’s Users who are residents of California may also request certain information about our disclosure of personal information during the prior calendar year to third parties for their direct marketing purposes. To make such a request, please write to us at the address below or at privacy@toyotatmh.com with “Request for California Privacy Information” on the subject line and in the body of your message. We will comply with your request within thirty (30) days or as otherwise required by the statute. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.
Processing of Privacy Opt-Out Preference Signal
Certain browsers and other technologies send opt-out preference signals to a website notifying the website of your desire to stop the sale or sharing of your personal information. For more information, please see www.globalprivacycontrols.org. Our Website will interpret such signal as a request to opt-out of sale and sharing for the relevant browser and device. At this time, this signal only applies to the browser you are searching from and only includes the online sale of your personal information.
Do Not Track
TMH does not currently employ a process for automatically responding to “Do Not Track” (DNT) signals sent by web browsers, mobile devices, or other mechanisms that may provide consumers a choice regarding the collection of Personal Data about an individual consumer’s online activities. As is commonly the case with many other mobile applications and websites, third parties (e.g., advertisers) may be able to collect information, including Personal Data, about your online activities over time and across different websites or online services when you use the Offerings.
Changes to Our Privacy Statement
We reserve the right to amend this Privacy Statement and our General Privacy Policy from time to time. We will attempt to notify you in the event the changes are material and could potentially impact your rights by providing electronic notification through the Offerings, by e-mail or other means using contact information you have provided, or by making a revision to the applicable privacy notice and changing the effective date. You should periodically review the terms of this California Privacy Statement and our General Privacy Policy to stay informed of any changes and ensure your continued agreement.
Modifications are effective upon our posting of the amended privacy notice. The terms of the current California Privacy Statement or General Privacy Policy supersede all previous notices or statements regarding our privacy practices and become the terms and conditions that govern your use of the Offerings. You may determine the date this California Privacy Statement was last revised and the current terms by referring to the “Effective” date shown at the top of this statement. YOUR CONTINUED USE OF AN OFFERING FOLLOWING OUR POSTING OF A CHANGE NOTICE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
Contact Information
If you wish to exercise your CCPA rights or have any questions or comments about this Privacy Statement or our General Privacy Policy or your choices and rights regarding personal information, please contact us at:
Phone (toll-free): 1-855-450-1819
Website: toyotaforklift.com/ccpa-form
Email: privacy@toyotatmh.com
Address: Attn: Legal Dept./Privacy
Toyota Material Handling, Inc.
5559 Inwood Drive
Columbus, IN 47201