Privacy Notice

Effective Date: [ 11th August, 2022]

This Privacy Notice describes how Caterpillar (Qingzhou) Ltd. (“Caterpillar”, “We”, “we” or “us”) processes and protects personal information collected through SEM e-service mobile application software (“App” or “this App”).

This Privacy Notice is consistent with Caterpillar’s Global Data Privacy Statement which is available at https://www.caterpillar.com/dataprivacy.

Before you use this App or the services on the App, please review this Privacy Notice carefully. Please only use this App, or the services on the App, after you have fully understood and agreed to the content of this Privacy Notice. If you disagree with any content of this Privacy Notice, please stop using this App. By continuing to use this App, you confirm that you have acknowledged, understood and agreed to the content of this Privacy Notice. If any applicable law or regulation requires us to obtain your separate consent under certain circumstances, we will do so in accordance with the requirements of those relevant laws or regulations.

PART I WHAT IS PERSONAL INFORMATION?

For the purposes of this Privacy Notice:
  • Personal information refers to all kinds of information related to an identified or identifiable natural person whether recorded electronically or otherwise, excluding information that has been anonymized.
  • Sensitive personal information is any personal information that, if leaked or used illegally, could easily result in the infringement of a natural person’s dignity, or damage to the safety of persons or property, and includes information relating to: biometric identification, religious belief, specific identities, medical and health details, financial accounts, personal whereabouts, etc., as well as the personal information relating to minors under the age of fourteen.

We will not collect or process your sensitive personal information unless we have obtained your separate consent in accordance with applicable laws and regulations.

This Privacy Notice will help you understand the following:
  1. How do we collect your personal information?
  2. How do we use your personal information?
  3. How do we use Cookies?
  4. How do we share your personal information?
  5. How do we safeguard your personal information?
  6. How do we store your personal information?
  7. How do we dispose of your personal information?
  8. How can you manage your personal information?
  9. How do we process the personal information of children?
  10. How will this Privacy Notice be updated?
  11. How can you resolve a dispute?
  12. How can you contact us?

Section 1. How do we collect your personal information?

Caterpillar only collects personal information insofar as it is necessary to achieve the purpose of the processing, in accordance with the requirements of laws and regulations and following the principles of lawfulness, fairness, necessity, and good faith. The categories of personal information we collect from you under different circumstances are described hereunder.

(1) Personal Information Voluntarily Create or Provide to Us

We collect the following Personal Information that you voluntarily provide to this App:
  • When you obtain an account to access this App and log in to this App for the first time, you will be requested to provide your name, cell phone number and email address; if you obtain an account to access this App and log in to this App for the first time on behalf of an enterprise customer, you will also be requested to provide the name of the company you represent.
  • When you add and bind the SEM machine purchased or use other functions relating to SEM machine through this App, you will be requested to provide the product serial number of the SEM machine you purchased.
  • When you scan the QR code of the parts, take photos and upload fault information in the work order module, you will also be requested to allow us to access the camera function of your device. The information you upload may include relevant personal information (such as the contact information contained in the warranty card).

(2) Personal Information Our System Collects Automatically

Our system automatically collects the following information when you use this App or any of its services:
  • When you contact us, in order to verify your identity and help you solve the problem, we may automatically make sound recordings of the conversations between you and us, and collect other information necessary to solve your problem.
  • We will link to third-party solutions to enable third party companies to collect certain information when you are visiting this App. These companies use non-personally-identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, hardware/software information, Cookie and session ID) and information that may allow for identifying you (e.g., static IP address) during your visits to this App, other websites and applications, so as to provide advertisements for products likely to be of greater interest to you or advertising-related services, such as ad delivery (subject to your consent to receive it), reporting, attribution, analytics and market research. These third parties usually use Cookies, pixel tags, web beacons or other similar tracking technologies to collect information. For example, in the process of visiting our App, to collect certain information about you and your interest in our products, these third parties may place or identify a unique Cookie on your browser. At the same time, these third parties Cookies may be used to show you advertisements on other websites based on your interest. For the name and purpose of Cookies we use on this App, please refer to our Cookie Policy(https://www.semdcp.com/Cookie ).
  • To ensure the operational stability and functionality of our client interface, and to enable you to use and access more services and functionalities, our applications will be embedded with software development kits (SDKs) or other similar application programs of trusted partners which may collect your personal information. We will conduct stringent security reviews on the application program interfaces (APIs) and SDKs that are used for acquiring the relevant information by our trusted partners. We will enter into terms with our trusted partners that contain stringent data protection provisions, and require them to comply with this Privacy Notice and any other relevant confidentiality and security measures in order to process personal information. For the details of the SDKs we have connected, please refer to Annex 1.

Section 2. How do we use your personal information?

Caterpillar will explicitly describe to you the purposes for processing your information in strict compliance with applicable laws and regulations. Caterpillar’s ongoing use of your personal information will be consistent with the purposes for which your information is being processed. This may include processing your personal information for purposes reasonably related to the original purpose for processing.

Personal information may also be processed in order for Caterpillar to meet applicable legal requirements, such as making necessary filings with government agencies, complying with judicial orders to provide information, fulfilling contractual commitments, and as necessary in connection with Caterpillar’s needs to protect its rights and property.

We describe hereunder categories of personal information that will be processed and the relevant purposes and methods of processing:

Categories of Personal Information Purposes and Methods of Processing
Individual Contact Information (name, company name, cell phone number, email) To enable communication with you, provision of after-sales service consultation, maintenance consultation, and machine management consultation; provision of technical materials of products according to your requests; and improvement of our products or services.
Cell phone number, username and password to log into this App) To enable access to the App and to verify your identity.
Application browsing records (click records, visit date and time) This App will save your application browsing records as logs on your cell phone’s local storage space. Only in the case that any error occurs during your use of this App or the services on this App, after your confirmation and submission of the error report, we will collect your application browsing records so that to facilitate the analysis and rectification of the error that occurred.
Product serial number To display as equipment information in the equipment management report; to enable the association of parts and technical materials with machine model and product serial number, so that you can retrieve, view and obtain parts atlas and service manual online; to enable the provision of after-sales services by dealers for the SEM equipment you own.

Section 3. How do we use Cookies?

(1) Cookies

Cookies, and other similar device information identification technologies, are commonly used on the Internet. When you browse our App, we or our third party partners may use relevant technologies to send one or more Cookies or anonymous identifiers (hereinafter referred to as “Cookies”) to your device. Cookies are used to collect, identify and store information relating to your visits to and use of this App in order to enable us to provide you with a better user experience and services. You may erase browsing records, including Cookies, by using the relevant ‘erase cache data’ function, which is provided by most browsers. You can also modify to what extent you accept or reject our Cookies, however, you may not be able to use certain services or functions if such services or functions are based on any Cookies which you reject.

For more details on Cookies, please review our Cookie Policy (https://www.semdcp.com/Cookie ).

Section 4. How do we share your personal information?

We may:

(1) Provide to entrusted third parties: When we entrust a party to process personal information, we will agree with the entrusted third party about such entrusted processing and require that its purpose for processing will not exceed the processing purposes as described in Section 2 above. We will also supervise entrusted third parties’ personal information processing activities.

We entrust the following parties to process personal information:
  • Suppliers, service providers, and other partners which process personal information on behalf of Caterpillar. We will entrust suppliers, service providers and other partners who support our business to process information. Support includes technical infrastructure services, analysis of how our services are used, provision of customer services, etc. as entrusted by us.

(2) Provide your personal information to our affiliates: We belong to Caterpillar Inc., a global company. If necessary and with your consent, we will share your personal information with our affiliates to enable them to use your personal information for purposes consistent with this Privacy Notice or to improve our products and services. Please refer to Annex 2 for the information and contact details of our affiliates.

(3) Provide your personal information to our dealers: We have an extensive network of dealers. If necessary and with your consent, we will share your personal information with our dealers to enable them to provide you with products or services you need, or to respond to any inquiries raised by you. Please refer to Annex 3 for the information and contact details of our dealers.

(4) Provide your personal information to other third party personal information handlers: In such case, we will inform you of the name of such third party handlers, their contact details, the purposes and methods of processing, and the categories of personal information. We will also obtain your separate consent.

(5) Transfer your personal information: We will not transfer your personal information to any company, organization or individual, unless:

(6) Publicly disclose your personal information: We will not publicly disclose your personal information without your separate consent.

If any of the above sharing of your personal information involves cross-border transmission of personal information, we will satisfy the conditions provided by PRC laws and regulations, inform you, and obtain your separate consent.

In each case, transfers of personal information is subject to applicable laws and the Caterpillar Global Data Privacy Statement (including its appendices) (for details, please refer to http://www.caterpillar.com/dataprivacy).

Please note:
  • Under applicable law, if we take technical and other necessary measures to process personal information in such a way that it cannot re-identify a specific individual (i.e., anonymize the personal information), then we can share, transfer or publicly disclose such anonymized data without further notice to you or obtaining your consent.

Section 5. How do we protect your personal information?

We use reasonable measures, including information technology security measures and physical security measures, to protect personal information. We choose appropriate measures based on risks in relation to the processing of personal information, the sensitivity of personal information and applicable legal requirements. We require all persons to comply with applicable security policies related to personal information when using the App.

If you find that your personal information, especially your account or password, has been leaked, please contact us immediately by using the contact information listed herein so that we can take appropriate measures per your request.

Section 6. How do we store your personal information?

Caterpillar will store personal information collected and generated in China within the territory of China.

We will only retain your personal information for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, regulatory, accounting, or reporting requirements. Details of retention periods for different personal information are available in our Data Retention Policy. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risks of harm from unauthorized use or disclosure of the personal information, the purposes for which we process the personal information and whether we can achieve those purposes through other means, as well as the applicable legal requirements, including Article 19 of the PIPL.

Section 7. How do we dispose of your personal information?

When personal information is no longer necessary, or in any event, after legal authority to store it has expired, personal information will be destroyed in accordance with applicable law and pursuant to procedures established in accordance with the relevant Caterpillar system or process.

Section 8. How can you manage your personal information?

Caterpillar takes steps to maintain the accuracy and completeness of personal information. Under applicable circumstances, by law you have the right:
  • To know and to decide on the processing of your personal information;
  • To limit or refuse the processing of your personal information by others;
  • To access your personal information;
  • To correct your personal information;
  • To request deletion of your personal information; or
  • To request an explanation of the personal information processing rules.

If you want to exercise your right(s) as described above, you may send email to: SEM_Service@cat.com.

If submitting by email, please be sure to include what right(s) you would like to exercise and for which personal information so that we can address your request properly and timely.

We will deal with your request as soon as possible and respond within 15 business days or any other period provided by law or regulation.

Unless prohibited by applicable law or, in certain circumstances, based on mandatory requirements of applicable law, your right to access your personal information may be limited. The reasons why your access may be limited include:
  • The request relates to legal advice and proceedings;
  • Legal privilege may be claimed regarding the subject matter of the information;
  • The personal information also includes personal information of a third party who has not consented to disclosure and whose privacy would be affected by any such disclosure;
  • The request is insufficiently detailed or has already been responded to;
  • The request is frivolous or vexatious; or
  • The information could include confidential information.
Please note that
  • After you withdraw your consent which allows us to process your personal information, we will no longer process the relevant personal information. However. Your decision to withdraw your consent does not affect any previous processing of your personal information that was carried out based on your consent.

Section 9. How do we process the personal information of children?

Our products, applications and services are designed for adults. No child is allowed to create a user account by himself or herself. By using the App, you represent that you are not less than 18 years of age.

Section 10. How will this Privacy Notice be updated?

We reserve the right to amend this Privacy Notice as needed. When we make any changes, we will publish the latest version on this App and indicate the date and/or effective date of any such changes at the top of this Privacy Notice. Please check for relevant updates on a regular basis. If we want to make any material changes, we will present you with a pop-up window when you log in to this App next time, or inform you by way of an announcement on this App. We will also inform you of such changes and choices you may have or actions you may take before such change takes effect. If any change to this Privacy Notice is subject to your consent according to applicable laws, we will comply with such requirements accordingly. You hereby agree that the methods adopted by us under this paragraph are reasonable and sufficient to enable you to understand how we update this Privacy Notice. Unless otherwise stated, the latest effective version of this Privacy Notice applies to our processing of your personal information.

Section 11. How can you resolve a dispute?

If you believe our processing of your personal information has damaged your legal rights or interests, you may contact us promptly. If we fail to reach an agreement on the issue raised by you, you may bring a lawsuit to a competent court in the place where the defendant is domiciled.

Section 12. How can you contact us?

If you have any concerns, opinions or advice on the Privacy Notice, you may contact us through the contact details as stated in Section 8 above.