Last Updated: November 1, 2024

Daedong-USA, Inc. KIOTI Tractor Division and its affiliates and subsidiaries (collectively, “KIOTI”) respects your concerns about privacy. This Privacy Policy describes the types of personal information we collect, how we may use and retain that personal information, with whom we may share it, and how you may exercise your rights and choices with respect to our processing of that information. This Privacy Policy also describes the measures we take to safeguard the personal information we obtain and how you may contact us if you have questions about our privacy practices.

This Privacy Policy applies to personal information we obtain, including through our websites, our mobile application, social media pages, and other digital platforms we operate or control, whether directly or indirectly via third parties, that reference this Privacy Policy, including https://www.kioti.com/ (collectively “Sites”), and through other offline interactions, including in connection with certain connected features of our products. We collectively refer to these as the “Services.”

If you are a California resident, please refer to the “California Consumer Privacy Statement” section of this Privacy Policy for more information about your privacy rights.

Types of Personal Information Collected

The personal information we may obtain includes:

• Contact information, such as name, phone number and postal and email address;
• Date of birth;
• Information you provide if you register to use our mobile app, including user ID and password;
• Information about your purchase and use of our products, including details of any transfer of ownership of agricultural machinery, as well as agricultural machinery real-time precise geolocation data and other telematics data (such as machinery performance, fuel consumption, maintenance needs, speed and acceleration data, and similar details and insights into the use and performance of our agricultural machinery) (“Telematics Data”);
• Payment information;
• Employment details and business contact information of representatives of our business partners;
• Signature;
• Inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; and
• Other information you choose to provide, such as through our “Contact” feature, when you complete a survey or register for a warranty, when we need to verify your identity, or otherwise when you communicate with us.

Cookies and Similar Technologies

When you use our websites or mobile app, we may collect certain information by automated means, such as through cookies, web beacons, device logs, server logs, and other technologies.  A “cookie” is a text file that websites send to a visitor’s computer or other internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser.  A “web beacon,” also known as an internet tag, pixel tag or clear GIF, links web pages to web servers and cookies and may be used to transmit information collected through cookies back to a web server.  The information we collect in this manner on our websites may include your device IP address, unique device identifier, web browser characteristics, device characteristics, operating system, language preferences, referring URLs, clickstream data, and dates and times of website visits.  The information we collect in this manner on our mobile app may include the device type used, mobile operating system, device identifier and similar unique identifiers, device settings and configurations, IP address, WiFi network identifier and signal, battery and signal strength, diagnostic and other performance data, usage statistics, referring emails and web addresses, dates and times of usage, actions taken on the app, and other information regarding use of the app.  In addition, we may collect your device’s geolocation information through GPS, Bluetooth, WiFi signals and other technologies.  Your device’s operating platform may provide you with a notification when the App attempts to collect your precise geolocation.  Please note that if you decline to allow the app to collect your precise geolocation, you may not be able to use all of the app’s features or the offers available through the app.

We use these automated technologies on our Sites to collect information about your equipment, browsing actions, and usage patterns. These technologies help us:

• remember your information so you do not have to re-enter it;
• track and understand how you use and interact with our Sites;
• tailor the Sites around your preferences;
• measure the usability of our Sites and the effectiveness of our communications; and
• otherwise manage and enhance our products and services, and help ensure they are working properly.

You can instruct your browser to restrict or disable certain types of automated collection technologies or to be notified about them. However, without these technologies, you may not be able to use some parts of our Sites. For mobile devices, you can manage how your device and browser share certain device data by adjusting the privacy and security settings on your mobile device.

The Sites are not designed to respond to “do not track” signals from browsers.

Third-Party Analytics Services

We may use third-party analytics services on our Sites, such as Google Analytics. The providers of these analytics services use technologies such as cookies and web beacons to help us analyze your use of the Sites, such as features used and time spent on the Sites, to help us tailor your experience, improve our Sites, and manage and analyze data to better understand our users. The information collected through these means may be disclosed to or collected directly by these services. To learn more about Google Analytics, including how to prevent the storage and processing of this data (including your IP address) by Google, please visit https://www.google.com/policies/privacy/partners.

Interest-Based Advertising

You may see our ads on other apps or websites because we use third-party ad services on our Sites. Through these ad services, we can tailor our messaging to individuals considering demographic data, inferred interests and browsing context. These ad services track information about your online activities over time and across third-party websites and apps by collecting information through automated means, including through the use of cookies, web server logs, web beacons and other similar technologies. These ad services may collect data about your visits to websites and apps that participate in these services, such as the pages or ads you view and the actions you take on the websites or apps. This data collection takes place both on our Sites and on third-party websites and apps that participate in these ad services. These ad services use this information to show you ads that may be tailored to your individual interests. This process also helps us track the effectiveness of our marketing efforts.

To learn how to opt out of interest-based advertising in the U.S., please visit www.aboutads.info/choices, www.networkadvertising.org/choices/, and http://preferences-mgr.truste.com/.  To opt out of interest-based advertising in Canada, please visit https://optout.aboutads.info/?c=3&lang=en and https://youradchoices.ca/en/appchoices.

How We Use Your Personal Information

We may use the personal information we obtain for the following purposes:

• To provide and maintain our Services, including to monitor the usage of our Sites and to perform contracts for the purchase of our Services;
• To manage your account;
• Processing payments;
• To communicate with you, such as to manage your requests or provide you with updates or informative communications related to our products or services;
• To provide you with news, special offers and general information about other goods, services and events that we offer. To the extent permitted by applicable law, we may tailor these offers based on your use of our products and services, including on the basis of Telematics Data;
• Operating, evaluating, and improving our products, services and business (including administering the Sites; troubleshooting technical issues; developing new, and enhancing and analyzing our, products and services; managing our communications; performing data analytics; and performing accounting, auditing and other internal functions);
• Performing market research and surveys;
• Personalizing your experience on our Sites;
• Maintaining and enhancing the safety and security of our Sites, products and services and preventing misuse;
• Verifying your identity and preventing fraud and other criminal activity, claims and other liabilities;
• Exercising our rights and remedies, responding to requests from government entities, and defending against legal claims; and
• Complying with and enforcing applicable laws, industry standards and KIOTI policies.

We also may use the information in other ways, as described when we provide specific notice at the time of collection.

Information We Share

We may share the categories of your personal information listed above with the following categories of third parties:

• With Service Providers: We may share your personal information with third-party vendors and other entities that perform services on our behalf, such as web hosting, IT support and communications.
• With Advertising Services: We may share your personal information with third-party advertising services, such as AdRoll (“NextRoll”). The information may be disclosed to or collected directly by these services. For more information, please refer to the “Interest-Based Advertising” section of this Privacy Policy. To learn more about NextRoll, please visit https://www.nextroll.com/privacy.
• For Business Transactions: We may share your personal information in connection with, or during negotiations of, any merger, sale or transfer of all or a portion of our business or (including in the event of an actual or prospective merger, financing, acquisition, joint venture, reorganization, divestiture, dissolution, or liquidation).
• With Affiliates: We may share your information with our affiliates to achieve the purposes described in this Privacy Policy. Affiliates include our parent company and any other subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
• With Business Partners: We may share your information with our business partners, including dealerships and distributors, to offer you certain products, services or promotions (such as real-time vehicle support), and to make product or service improvements.
• With Other Third Parties: We may share your personal information with third parties, such as government agencies and law enforcement, to comply with the law and legally valid requests; to establish, exercise or defend our legal rights; when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss; and in connection with an investigation of suspected or actual illegal activity or otherwise with your consent or as directed by your representative.

We may otherwise disclose personal information with your consent or as directed by your representative.

Retention of Your Personal Information

We will retain your personal information for the period reasonably necessary to achieve the purposes set out in this Privacy Policy (or any other notice provided at the time of collection) and our legal obligations, taking into account applicable statutes of limitation and records retention requirements under applicable law.

Transfer of Your Personal Information

We may transfer the personal information that we collect about you to recipients, such as our service providers and affiliates, in jurisdictions other than the jurisdiction in which the personal information originally was collected.  As a result, your personal information may be lawfully accessed by U.S. or foreign courts, law enforcement or other government authorities.  Those jurisdictions may not have the same data protection laws as the jurisdiction in which you initially provided the personal information. When we transfer your personal information to recipients in other jurisdiction (such as the U.S.), we will protect that personal information as described in this Privacy Policy.

Security of Your Personal Information

We maintain administrative, technical and physical safeguards designed to protect personal information against accidental, unlawful or unauthorized access, destruction, loss, alteration, disclosure or use.

Your Rights and Choices

We offer you certain choices in connection with the personal information we obtain.

• Marketing Emails. You may unsubscribe from marketing communications from us by following the unsubscribe link in our emails or by contacting us as described below.
• Telematics.  You can disable telematics features on connected agricultural machinery.  Please contact your local distributor/dealer for further information and assistance regarding telematics features.

Jurisdiction-Specific Privacy Rights and Disclosures

• United States
  • California: If you are a California resident, please refer to the “California Consumer Privacy Statement” section of this Privacy Policy for more information.
  • Nebraska and Texas: If you are a Nebraska or Texas resident and you interact with us in an individual or household capacity (not in a commercial or employment context), you have the right to (1) request access to your personal information; (2) request the correction of your personal information; (3) request deletion of your personal information; (4) request that we provide you a copy of your personal information in a portable format; or (5) opt out of the processing of your personal information for the purposes of targeted advertising or the sale of your personal information. To exercise your rights, please email privacy@kiotitractor.com or call 877-465-4684.

Before fulfilling your request, we will take reasonable steps to verify your identity if necessary before granting you access to your personal information or complying with your request. If you have an account with us, we may verify your identity by asking you to sign in to your account. If you do not have an account with us, we may require you to verify your email address or certain of your information in our records, such as your name, address, phone number, or other information about your interactions with us. In addition, if you ask us to provide you with specific pieces of personal information, we may require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request.

You may have an authorized agent submit a request to opt-out of the processing of your personal information for the purposes of targeted advertising and the sale of your personal information on your behalf by emailing us at privacy@kiotitractor.com. If you would like to use an authorized agent, we will take steps to verify your identify and the authorized agent’s authority to act on your behalf (as described above).

You may appeal a decision regarding a request you have submitted by email at privacy@kiotitractor.com

• Canada: If you are located in Canada, you have the right to access, update and correct inaccuracies in, and withdraw consent to our collection, use and disclosure of, your personal information in our custody or control. You may make such a request or withdraw your consent by emailing or writing to us using the contact information set out below. We may request certain personal information for the purpose of verifying your identity when you seek access to or correction of your personal information.

Children’s Privacy

Our Services are designed for a general audience and are not directed to children. In connection with the Sites, we do not knowingly solicit or collect personal information from children under the age of 14. If you believe a child under age 14 may have provided us with personal information without parental consent, please contact us as specified in the Contact Us section of this Privacy Policy.

Links to Other Websites

For your convenience and information, our Sites may provide links to other websites that are not operated by us, and may include third-party features such as apps, tools, widgets and plug-ins. These online services and third-party features may operate independently from us. The privacy practices of the relevant third parties, including details on the information they may collect about you, are subject to the privacy statements of these parties. We strongly advise you to review the Privacy Policy of these parties.

To the extent any linked online services or third-party features are not owned or controlled by us, we have no control over and are not responsible for these third parties’ information practices.

Changes to this Privacy Policy

We may update this Privacy Policy from time to time and without prior notice to you to reflect changes in our personal information practices.  We will let you know by updating the “Last Updated” date at the top of this Privacy Policy.

Contact Us

If you have any questions about this Privacy Policy or the manner in which we or our service providers (including our service providers outside your jurisdiction) handle your personal information, you can email the privacy official  at privacy@kiotitractor.com.

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CALIFORNIA CONSUMER PRIVACY STATEMENT

Last Updated: November 1, 2024

This California Consumer Privacy Statement supplements the KIOTI Privacy Policy and applies solely to personal information collected about California consumers, such as website visitors and representatives of our business partners.  This California Consumer Privacy Statement does not apply to personal information collected about KIOTI’s personnel.

This California Consumer Privacy Statement uses certain terms that have the meaning given to them in the California Consumer Privacy Act of 2018 (as amended by the California Privacy Rights Act of 2020) and its implementing regulations (collectively, the “CCPA”).

Notice of Collection and Use of Personal Information

We may collect (and may have collected during the 12-month period prior to the Last Updated date of this California Consumer Privacy Statement) the following categories of personal information about you:

• Identifiers: identifiers such as a real name, alias, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers, and similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, IP address, email address and other similar identifiers;
• Additional Data Subject to Cal. Civ. Code § 1798.80: signature, insurance policy number, or financial information (such as bank account or payment card details);
• Commercial Information: commercial information, including records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies;
• Online Activity: Internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements;
• Geolocation Data;
• Sensory Information: audio, electronic, visual, and similar information;
• Employment Information: professional or employment-related information such as employment details of representatives of our business partners;
• Inferences: inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; and
• Sensitive Personal Information: Precise geolocation information.

We may use (and may have used during the 12-month period prior to the Last Updated date of this California Consumer Privacy Statement) your personal information for the purposes described in the KIOTI Privacy Policy and for the following business purposes:

• Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytics services, providing storage, or providing similar services;
• Providing advertising and marketing services;
• Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance;
• Short-term, transient use, such as nonpersonalized advertising shown as part of your current interaction with us;
• Helping to ensure security and integrity;
• Undertaking activities to verify or maintain the quality or safety of our services or devices and to improve, upgrade, or enhance them;
• Debugging to identify and repair errors;
• Undertaking internal research for technological development and demonstration; and
• Managing our relationships with current or prospective business partners, corporate customers and vendors and other business partner personnel.

We use precise geolocation information obtained in connection with Telematics Data (which may be sensitive personal information under applicable law) for the purposes described above and to make inferences about consumers, which we may use to promote certain products or services.

To the extent we process deidentified information, we will maintain and use the information in deidentified form and will not attempt to reidentify the information unless permitted by applicable law.

Retention of Personal Information

We will retain your personal information for the time period reasonably necessary to achieve the purposes described in the KIOTI Privacy Policy and this California Consumer Privacy Statement, or any other notice provided at the time of collection, taking into account applicable statutes of limitation and records retention requirements under applicable law.

Sources of Personal Information

During the 12-month period prior to the Last Updated date of this California Consumer Privacy Statement, we may have obtained personal information about you from the following categories of sources:

• Directly from you, such as when you contact us;
• Your computer, mobile phone or other devices, such as when you visit our Sites;
• Our affiliates;
• Service providers, contractors and other vendors who provide services on our behalf;
• Our joint marketing and business partners, including our dealers and distributors;
• Online advertising services;
• Data analytics providers;
• Internet service providers (“ISPs”);
• Operating systems and platforms; and
• Social networks

Sale or Sharing of Personal Information

We do not sell personal information about California consumers in exchange for monetary compensation. However, we may disclose or make available your personal information by allowing certain third parties (such as online advertising services) to obtain your personal information, including via automated technologies on our website for cross-context behavioral advertising purposes. We may disclose your personal information to such third parties for analytics purposes or for the enhanced ability to serve you content and advertisements that may be of interest to you. Under the CCPA, these types of disclosures may be considered a “sale” when the personal information is exchanged for non-monetary consideration, or “sharing” when the personal information is disclosed for cross-context behavioral advertising purposes. You have the right to opt out of these disclosures of your information.

We may “sell” or “share” (and may have “sold” or “shared” during the 12-month period prior to the Last Updated date of this California Privacy Notice) the following categories of personal information to online advertising services: Identifiers, Commercial Information, and Online Activity.

We do not have actual knowledge that we sell or share the personal information of minors under 16 years of age. We do not sell or share sensitive personal information.

Disclosure of Personal Information

During the 12-month period prior to the Last Updated date of this Statement, we may have disclosed the following categories of personal information about you for a business purpose to the following categories of third parties:

In addition to the categories of third parties identified above, during the 12-month period prior to the Last Updated date of this Statement, we may have disclosed personal information about you to government entities (e.g., in response to law enforcement requests) and third parties in connection with corporate transactions (e.g., mergers, acquisitions, joint venture, reorganization, divestitures, dissolution or liquidation).

Your California Consumer Privacy Rights

If you are a resident of California, you have certain choices regarding your personal information:

• Access. You have the right to request, twice in a 12-month period, that we disclose to you the personal information we have collected, used, and disclosed, or sold or shared about you.
• Correction: You have the right to request that we correct the personal information we maintain about you, if that information is inaccurate.
• Deletion. You also have the right to request the deletion certain personal information we have collected from you.
• Opt-Out of Sale or Sharing: You have the right to opt-out of the sale of your personal information or the sharing of your personal information for cross-context behavioral advertising purposes.
• Sensitive Personal Information: You have the right to request that we limit the use or disclosure of your sensitive personal information to certain purposes permitted by law.
• Shine the Light Request: You also may have the right to request that we provide you with (1) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (2) the identity of those third parties.

You also have the right to not receive discriminatory treatment by us for exercising any of your consumer rights. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.

Exercising Your Rights

How to Submit a Request 

To submit request, please call us at 877-465-4684 or email us at privacy@kiotitractor.com with the subject line “CCPA Request.” To submit a Shine the Light request, please email us at privacy@kiotitractor.com with the subject line “California Shine the Light Request.” To submit a request as an authorized agent on behalf of a consumer, please email us at privacy@kiotitractor.com with the subject line “CCPA Authorized Agent Request.”

Verifying CCPA Requests

To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request. If you request access to, correction of or deletion of your personal information, we may require you to verify your email address or certain of your information in our records, such as your name, address, phone number, or other information about your interactions with us, such as the date of your last interaction with us. In addition, if you ask us to provide you with specific pieces of personal information, we may require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request.