Yamato Transport U.S.A., Inc. (hereinafter “Yamato”) endeavors to protect the privacy of its customers, shippers, consignees, service suppliers, third parties and users of its websites. Please read this Privacy Policy carefully and in full before registering, placing an order, using Yamato’s services or otherwise using the websites at yamatoamerica.com; yamatotmd.com; c2c.yamatoamerica.com; and ys-reg.yamatoamerica.com.
| Applicable Privacy Law |
Applicable international, state and federal privacy laws, including but not limited to the General Data Protection Regulation, the California Consumer Protection Act and New York Stop Hacks and Improve Electronic Data Security Act of 2019. |
| Agreement: |
The agreement between a customer and Yamato concerning the purchase and delivery of products or Services. |
| Personal Data: |
Personal data concerns any information or data that enables Yamato to identify a natural person, directly or indirectly, by reference to any identifiers such as name, identification number, location data, online identifier or one or more factors specific to you. |
| Privacy Policy: |
The present Privacy Policy. |
| Processing: |
An operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collecting, recording, organizing, structuring, storing, adapting or altering, retrieving, consulting, using, disclosing, disseminating or otherwise making available, aligning or combining, restricting, or erasing. |
| Services: |
All transactions and/or series of transactions performed by Yamato, the Yamato Group or their agents in any manner for or on behalf of their customers. |
| Website: |
yamatoamerica.com; yamatotmd.com; c2c.yamatoamerica.com; ys-reg.yamatoamerica.com |
| Yamato Group: |
All parent, subsidiary and affiliate companies of Yamato wherever situated throughout the world who share a common holding company and/or brand. |
| 3.1 |
We may collect the following Personal Data from you;
- name and address details;
- information about an on order or Services, including the location of freight, cargo, packages, household items, description of freight and goods, photocopy of passport/visa, driver’s license, name, job title, employer, address details of shipper and consignee (and employees thereof) and other information necessary to perform Services;
- e-mail address;
- phone number;
- username and password;
- payment details;
- employment information, resume.
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| 3.2 |
Our Services do not require, and our Website does not collect, sensitive personal data such as health data. |
| 3.3 |
Personal Data is collected by us:
- when you and/or our customers and their shippers and consignees choose to do so in order to be provided with Services, and in order to process and complete transactions, and send related information, including transaction confirmations and invoices;
- by completing an application form for Services and placing an order for Services;
- by registering on the Website;
- when applying for a job via the Website; or
- when using the Website, or contacting Yamato by e-mail, telephone or otherwise.
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| 3.4 |
We will only process the Personal Data in accordance with Applicable Privacy Laws as described in this Privacy Policy. |
| 4.1 |
We collect and process your Personal Data solely for the purposes specified below:
- Performance of an Agreement or contract or in order to take steps at your request prior to entering into an Agreement or contract: If you decide to place an order via the Website, e-mail, telephone or by completing an application for Services, your Personal Data may be processed by us for the Performance of an Agreement or contract. This includes to process and complete the shipment transaction, including shipping, clearing customs entry, tracking and tracing the shipment, making final delivery and sending invoice and billing information for the payment of Services. Your Personal Data is necessary for processing to also protect against, identify and prevent fraud and other prohibited or illegal activity. We do not process more Personal Data than is strictly necessary for the performance of the Agreement.
- Communication: Your Personal Data may be used to communicate with you about our products and Services and to inform you of matters that are important for your account and/or use of the Website and our Services, the handling of any complaints, the processing of any claims related to our Services and respond to and communicate with you about questions and comments. If you create an account on the Website, we will keep the Personal Data so that you do not have to enter it every time. This Processing of Personal Data is necessary for the performance of the Agreement and/or for the legitimate interest of Yamato to keep in touch with you and to offer you customer services.
- Marketing purposes: Your Personal Data may be used to send a newsletter or announcement, if you have registered for it. To approach you via e-mail for marketing purposes, we always request your prior consent, unless it concerns offers about similar products that you have ordered. You always have the right and option to unsubscribe from mailings. This Processing of Personal Data is either necessary for the legitimate interest of Yamato to keep in touch with you and to offer you similar products and Services or is based on prior consent.
- Customer service: Your Personal Data may be used to provide you with customer service. This Processing of your Personal Data is necessary for the legitimate interest of Yamato to provide such services.
- Job applications: If you apply for a job via our website, your Personal Data may be used by us to handle your job application. This Processing of your Personal Data is necessary for the legitimate interest of Yamato to hire people.
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| 4.2 |
If we intend to further process the Personal Data for a purpose other than the purpose for which that Personal Data was collected, we will provide you with information about that other purpose and all relevant information before commencement of that further processing. |
| 5.1 |
We do not rent or sell your Personal Data to anyone. |
| 5.2 |
We share your Personal Data within the Yamato Group in order to complete shipment transactions. If and insofar we transfer Personal Data with parties within the Yamato Group in countries that do not have an adequate level of protection, we will agree to use Standard Contractual Clauses with these parties to ensure an adequate level of protection of your Personal Data. |
| 5.3 |
We may share your Personal Data with third party vendors, consultants and other service providers who we employ to perform tasks on our behalf to complete a transaction or series of transactions that you conduct with us where disclosure will enable that party to perform business, professional or technical support for us. These companies include, for example, our payment processing providers, website analytics companies, CRM service providers and email service providers. We remain responsible for ensure that our third-party agents and service providers process your Personal Data to the standard required by our Privacy Policy. |
| 5.4 |
We may disclose Personal Data about you as part of a merger, acquisition, sale or transfer of the assets or business of Yamato. In such circumstances, we will take steps to inform you of the transfer either directly or indirectly through publishing the news of the transaction. |
| 5.5 |
We may disclose Personal Data to comply with the law, applicable regulations, governmental and quasi-governmental requests, court orders, subpoenas, or to enforce our Terms and Conditions or other agreements; or to protect our rights or the right of our users or others. We reserve the right to release information that we collect to law enforcement or other government officials, as we, in our sole and absolute discretion, deem necessary or appropriate. |
| 6.1 |
We take appropriate organizational and technical security measures to protect your Personal Data and to prevent misuse, loss or alteration thereof. In addition, we limit access to Personal Data to those employees, agents, contractors and other third parties who have a need for access. Also, the aforementioned persons involved are bound by a confidentiality obligation, either in their employment agreements or (data processor) contracts. |
| 6.2 |
We have internal safety guidelines in place which describes how to deal with a suspected Personal Data breach. We will notify the relevant supervisory authority and the individual(s) involved if required under Applicable Privacy Law. |
| 6.3 |
Unfortunately, no company or service can guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. Among other practices, your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Data by selecting and protecting your password and limiting access to your computer or device and browser by signing off after you have finished accessing your account. |
| 8.1 |
Cookies are small pieces of information that are stored by the browser on your computer. Yamato uses different types of cookies for different purposes.
- Strictly necessary cookies: cookies that are necessary for the Websites to function and remain in session which cannot be switched off in our systems. They are usually only set in response to actions made by you. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.
- Functional cookies: cookies that are necessary for the Website to function properly, including cookies that are necessary to create an account.
- Analytical cookies: cookies that ensure that insight can be gained into how you use (parts of) the Website, so that Yamato can improve the Website and that it fits as well as possible with what you find interesting and important. Yamato does not use the data obtained with these cookies to study the use of the Website at an individual level, but only at an aggregated level.
- Targeting cookies: cookies set through our Websites by our advertising partners to build a profile of your interests and show you relevant advertisements on other sites. They do not directly store personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
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| 8.2 |
We only use third party cookies to improve the quality and effectiveness of the Website. For example, it uses Google Analytics, which is set up in a privacy-friendly manner. |
| 8.3 |
Most browsers are set to accept cookies by default. You can set the browser to disable cookies or indicate when a cookie is being sent. However, it is possible that some functions and services of both Yamato and other websites may not function properly if cookies are disabled. |
| 8.4 |
You can opt-out of each cookie category, except strictly necessary cookies, by clicking on the “cookie settings” button at the bottom of the page or in the applicable Website Cookie Notice. While this Privacy Notice covers all Websites and Services, each cookie notice you will find on one of our Websites applies to that Website only and also does not apply to our Services. |
| 9.1 |
You have the right to withdraw consent at any time, where relevant and when permissible under Applicable Privacy Law |
| 9.2 |
You have the right to request access to your Personal Data, where relevant and when permissible under Applicable Privacy Law. This enables you to receive a copy of the Personal Data we hold about you. |
| 9.3 |
You have the right to request correction of the Personal Data that we hold about you, where relevant and when permissible under Applicable Privacy Law. This enables you to have any incomplete or inaccurate data we hold about you corrected. |
| 9.4 |
You have the right to request deletion of your Personal Data, where relevant and when permissible under Applicable Privacy Law. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to Process it. |
| 9.5 |
You have the right to object to Processing of your Personal Data where we are relying on a legitimate interest, where relevant and when permissible under Applicable Privacy Law. Insofar as the Processing of your Personal Data takes place for direct marketing purposes, we will always honour your request. For Processing for other purposes, we will also cease and desist Processing, unless we have compelling legitimate grounds for the Processing which override your interests, rights and freedoms or that are related to the institution, exercise or substantiation of a legal claim. |
| 9.6 |
9.6 You have the right to request restriction of Processing of your Personal Data, where relevant and when permissible under Applicable Privacy Law. |
| 9.7 |
You have the right to request the transfer of your Personal Data to you or to a third party, where relevant and when permissible under Applicable Privacy Law. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. |
| 9.8 |
The exercise of the abovementioned rights, where relevant and when permissible under Applicable Privacy Law, is free of charge. We will provide you with information about the follow-up to the request immediately and in any case within forty-five days of receipt of the request. Depending on the complexity of the request and on the number of requests, this period can be extended by another two months. We will notify you of such an extension within one month of receipt of the request. |
| 9.9 |
If your requests are manifestly unfounded or excessive, in particular because of the repetitive character, we will either charge you a reasonable fee or refuse to comply with the request. |
| 9.10 |
In addition to the above-mentioned rights you have the right to lodge a complaint with the supervisory authority at all times. However, we would appreciate the chance to deal with your concerns before you approach the supervisory authority so please contact us beforehand. |
| 9.10 |
California Residents are entitled to request information about the categories of Personal Data we have collected, the manner in which the Personal Data is collected, the reasons why the Personal Data has been collected, and to whom the Personal Data has been shared over the previous 12 months. If you are a California Resident and wish to exercise your privacy rights relating to Yamato’s collection and processing of your Personal Data, you may contact Yamato’s Privacy Officer and/or its Information Security Committee by calling our toll-free number at 1.877.949.4224 or by sending an email to privacy@yamatoamerica.com. |
| 11.1 |
California and Delaware law require Yamato to indicate whether it honors “Do not Track” settings in your browser concerning targeted advertising. Yamato adheres to the standards set out in this Privacy Policy and does not monitor or respond to Do not Track browser requests. |
| 11.2 |
Yamato is entitled at all times to delete your account without notice. In such a case, Yamato owes no compensation to the Customer as a result of the termination of the account. |
| 11.3 |
Yamato reserves the right to change this Privacy Policy on a regular basis. It is your responsibility to regularly review the applicable conditions. This Privacy Policy is last amended and revised on December 9, 2019. |
| 11.4 |
If a provision from this Privacy Policy is in conflict with the law, it will be replaced by a provision of the same purport that reflects the original intention of the provision, all this to the extent legally permissible. In that case, the remaining provisions remain applicable unchanged. |
| 11.5 |
We do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not attempt to register or use our services or send any Personal Information about yourself to us. If we learn that we have collected Personal Data from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us Personal Information, please contact us at privacy@yamatoamerica.com. |