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Products
Last updated March 24, 2025
This privacy statement (the “Policy”) describes the types of personal information that American Battery Solutions (“ABS,” “ our,” “us” or “we”) collect, use, disclose and otherwise process as described in this Policy, as well as the rights and choices individuals have regarding such personal information. If you are a California resident, please review our California Privacy Notice available at https://www.komatsu.com/en/privacy-notice-for-california-residents/ for information about the categories of personal information we collect and use and your rights under California privacy laws regarding such. If you are a European or UK resident, please review our Europe and UK Privacy Notice for information about the categories of personal information we collect and use and your rights under Europe and UK privacy laws regarding such, available at https://www.komatsu.com/en/privacy-notice-for-europe-and-uk/.
This Policy applies to personal information we collect, use and process related to our Services (as defined below) and our current, former and prospective customers, end-users, dealers, distributors, vendors and partners, as well as other individuals that communicate with us or otherwise engage with us related to our Services (collectively “you,” “your”). In this Policy, the term ”Services” includes:
This Policy does not apply to the personal information that we collect and process about our employees and other personnel, or personal information collected by third party websites and services that collect the information for their own commercial purposes under their own privacy notice.
Additional Notices. We may provide you with additional or supplemental privacy notices and disclosures (each an “Additional Notice”) which will apply to certain personal data collected and processed by us. Generally, these clarify our privacy practices in for specific services and provide you with additional information about certain data processing activities. To the extent there is a conflict with this Policy, the relevant Additional Notice will control with respect to the personal information subject to that Additional Notice.
Please read this Policy carefully to understand our privacy practices regarding your personal information and how we will treat it. If you do not agree with our practices, do not use our Services or provide information to ABS. By accessing or using our Services or otherwise engaging with us on or offline, you agree to the terms of this Policy.
Your use of our Services, and any dispute over privacy, is subject to this Policy, as well as any applicable ABS terms and conditions and any waiver, release or other agreement between you and ABS related to our Services, including their applicable limitations on damages and the resolution of disputes (collectively, the “Terms”).
Our websites are not directed to children under the age of thirteen and we do not knowingly collect information from children under the age of thirteen on our Services. If we become aware that we have inadvertently received information from a child under the age of thirteen, we will take steps to delete the information from our records. If you’re a parent and you believe we have collected your child’s information, please contact us as set forth below under the ‘Contact Us’ section.
As further described below, we collect personal information from you directly as well as from third parties and automatically related to your use of our Services or other interactions you may have with us. You are generally not obligated to provide us with your personal information. In such case, however, you may not be able to use our Services or enter into or maintain an agreement or subscription with us. Also, in some cases (such as where required by law), we ask for your consent or give you certain choices prior to collecting or using certain personal information.
The types of personal information we collect from you directly, depend upon how you use our Services or otherwise interact or engage with us, but generally includes information, such as:
We may collect personal information about you from third party sources, such as public databases, joint marketing partners, social media platforms or other third parties.
Subject to and in accordance with applicable law, we automatically collect personal information related to your use of our Services, portals and interactions with us and others, including information we collect automatically (e.g., using cookies and pixel tags), and we may we derive information about you and your use of the Services, including:
The cookie and tracking information we collect helps us, among other things, to improve our Services and to deliver a better and more personalized service by enabling us, amongst other things, to:
We generally collect, use, and otherwise process the personal information that we collect about you or that you provide to us for the following purposes:
Providing Services and support. To provide and operate our Services, communicate with you about your use of the Services, provide troubleshooting and technical support, respond to your inquiries, provide customer product maintenance and support services, fulfill your orders and requests, process your payments, register and manage your warranty, communicate with you, and for similar service and support purposes. This includes, for example, administering your account and subscriptions as well as our training programs and events, providing the fleet and machine monitoring services, our learning content library and communicating with you about training and events for which you or your employer has registered or which you have attended. We may, subject to an as permitted by applicable law, use certain artificial intelligence (“AI”) tools and services, which are provided by third party vendors., which may access and process this information on our behalf
Analytics and improvement. To better understand how users access and use the Services, and our other products and offerings, and for other research and analytical purposes, such as to evaluate and improve our services and business operations, to develop services and features, and for internal quality control and training purposes, including through use of certain artificial intelligence (AI) tools and services (subject to and as permitted by applicable law), which are provided by third party service providers, which may access and process this information on our behalf.
Customization and personalization. To tailor content we may send or display on the Services, including to offer location customization and personalized help and instructions, and to otherwise personalize your experiences.
Marketing and advertising. For marketing and advertising purposes, such as to send you information about our Services, such as offers, promotions, newsletters and other marketing content, as well as any other information that you sign up to receive. We also may use certain information we collect to manage and improve our advertising campaigns so that we can better reach people with relevant content. If you do not want us to use your information in this way, please adjust your marketing preferences in your account profile or via the unsubscribe methods provided in our communications to you. You may also contact us using the contact details provided in the ‘Contact Us’ section below.
Research and surveys. To administer surveys and questionnaires, such as for market research or member satisfaction purposes.
Security and protection of rights. To protect the Services and our business operations; to prevent and detect fraud, unauthorized activities and access, and other misuse; where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety or legal rights of any person or third party, or violations of the Terms or this Policy.
Complying with legal obligations and responding to legal process. To comply with the law and our legal obligations, to respond to legal process and related to legal proceedings.
General business and operational support. To consider and implement mergers, acquisitions, reorganizations, bankruptcies, and other business transactions, and related to the administration of our general business, accounting, auditing, compliance, recordkeeping, and legal functions.
Otherwise. Otherwise with your permission or as permitted under applicable law. Under certain circumstances we may ask for your consent to collect, use or disclose personal information, except in specific circumstances where collection, use or disclosure without consent is authorized or required by law.
Subject to applicable law, we may also derive, use and disclose aggregate, anonymous, and other non-identifiable data related to our business and the Services for quality control, analytics, research, development and other similar purposes. Where we use, disclose or process de-identified data (data that is no longer reasonably linked or linkable to an identified or identifiable natural person, household, or personal or household device) we will maintain and use the information in deidentified form and not to attempt to reidentify the information, except in order to determine whether our deidentification processes are reasonable and adequate or where necessary to comply with a legal obligation.
Subject to applicable law, we may use and disclose aggregated or de-identified information about our users, and information that does not identify any specific individual, without restriction.
In order to provide and improve our Services, respond to your requests, and for the purposes described above, we may disclose information, including personal information to others, including:
Compliance, governance and legal requirements. We may also disclose personal information to third parties to comply with any court order, law or legal process, including responding to any government or regulatory request. For example, we may disclose information in response to subpoenas, court orders, and other lawful requests by regulators and law enforcement, including responding to national security or law enforcement disclosure requirements. This may include regulators, government entities, and law enforcement as required by law or legal process. In addition, it may include certain disclosures that we are required to make under applicable laws, such as the names of sweepstakes and contest winners.
Enforcing our terms and agreements. To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
Security and protection of rights. We may disclose personal information to others where we believe disclosure is necessary or appropriate to protect the Services, rights, property, or safety of ABS, our affiliates, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. For example, we may disclose personal information in order to (i) prevent, detect, investigate and respond to fraud, unauthorized activities and access, illegal activities, and misuse of the Services, (ii) situations involving potential threats to the health, safety or legal rights of any person or third party, or (iii) enforce, and detect, investigate and take action in response to violations of, our Terms of Service. We may also disclose information, including personal information, related to litigation and other legal claims or proceedings in which we are involved, as well as for our internal accounting, auditing, compliance, recordkeeping, and legal functions.
Cookies. Subject to applicable law, we and our third-party providers use cookies, pixels, tags, scripts, log files, and other tools (collectively “cookies”) to automatically collect browsing, activity, device, usage and similar information within our Services. We and these third parties may use cookies alone or in conjunction with other tracking technologies to collect information about our users and the Services in accordance with the ABS Cookie Policy available at https://www.komatsu.com/en/cookie-policy/.
Third-Party analytics and tools. We use third party tools, such as Google Analytics, which are operated by third party companies. These third-party analytics companies may collect usage data (using cookies, pixels and similar tools) about our Services in order to provide us with reports and metrics that help us to evaluate usage of our Services and improve performance and user experiences. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.
Targeted advertising. As noted, we work with third parties, such as ad networks, channel partners, mobile ad networks, analytics and measurement services and others (“third-party ad companies”) to manage our advertising on third-party sites, mobile apps and online services. We may share certain information with these third-party ad companies, and we and them may use cookies, pixels tags, and other tools to collect usage and browsing information within our Services, as well as on third-party sites, apps and services, such as IP address, location information, device ID, cookie and advertising IDs, and other identifiers, as well as browsing information. We and these third-party ad companies use this information to provide you more relevant ads and content on third-party sites, apps and platforms and to evaluate the success of such ads and content.
Social media. Our Sites and mobile applications may include social media features, such as YouTube and LinkedIn. These features may collect electronic and other internet activity information, such as your IP address and the page(s) you visit on our Sites or mobile applications. These features may set a cookie or utilize other tracking technologies to accomplish this. Social media features and widgets are hosted by a third party and your interactions with those features are governed by the privacy policies of the companies that provide them.
Industry ad choice programs. You can control how participating third-party ad companies use the information that they collect about your visits to our websites and those of third parties, in order to display more relevant targeted advertising to you. To obtain more information and opt out of receiving targeted ads from participating third-party ad networks go to: https://aboutads.info/choices. You may also download the DAA AppChoices tool at https://youradchoices.com/appchoices tool in order to help control interest-based advertising on apps on your mobile device. Please note that opting out of participating ad networks does not opt you out of being served advertising. You may continue to receive generic or contextual ads on our Services. You may also continue to receive targeted ads on other websites from companies that do not participate in the above programs.
Browser settings and controls. If you wish to prevent cookies from tracking your activity on our Site or visits across multiple websites, you can set your browser to block certain cookies or notify you when a cookie is set. The Help portion of the toolbar on most browsers will tell you how to prevent your device from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site and Services who disable cookies will be able to browse the Site, but some features may not function.
Custom Lists and Matching. Unless you have opted out, we may share certain customer list information (such as your name, email address and other contact information) with third parties so that we can better target ads and content to our users, and others with similar interests, within third party sites, apps, platforms and services. You may opt out of being targeted by us in this manner, as set forth in the ‘Your Privacy Choices’ section below.
Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt out of targeted advertising as discussed above. Additional information the choices you have about our use of cookies and other tracking tools within the Services, is provided below.
Further information about cookies and trackers, including those of third-parties we may use, and the choices you have regarding such can be found in our Cookie Policy.
We provide you with certain choices regarding the personal information you provide to us. For example, you can update much of the personal information we maintain about you and adjust your communications preferences, by logging into your ABS account and update your information within the registration App(s). In addition:
Subject to the limitations set forth under applicable privacy laws, you may also submit a request to access (and where applicable receive a copy of), delete or correct/update your personal information, or exercise a privacy right under applicable law, here. To the extent our data processing relies on your consent, you may – subject to applicable law, withdraw your consent with effect for the future.
Residents of certain jurisdictions may have additional rights, as set forth below, in the ‘Additional Information for Individuals in Certain Jurisdictions’ section. Further, if you are a California resident, please review the California Privacy Statement for specific information about your California privacy rights and how to exercise them.
For more information about our privacy practices and your privacy choices, you may contact us as set forth in the ‘Contact Us’ section below.
We have implemented reasonable, but not infallible, security measures designed to help secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
However, the safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Services like message boards. The information you share in public areas may be viewed by any user of the Services. If you believe that your password or registration account has been compromised, please immediately reset your password and contact us as set forth below, in the ‘Contact Us’ section below.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we take reasonable steps to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Services. Any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.
Personal information we collect, will be retained for as long as necessary and for the purposes described above or otherwise disclosed to you at the time of collection. For example, we will retain your transactional data (e.g., payments and event registrations) for as long as necessary to comply with our legal, tax, accounting and recordkeeping obligations, as well as an additional period of time as necessary to protect, defend or establish our rights, and defend against potential claims
Please note that we use cloud-based services to store information in the following jurisdictions: Canada, the European Union, the UK and the United States. Where personal information is stored or processed outside of the jurisdiction where you live, it is subject to the laws of that foreign jurisdiction, and may be accessible to that jurisdiction’s governments, courts, law enforcement, or regulatory agencies.
If you are accessing our Services from the UK, European Union or Canada you should be aware that we may transmit the information we collect via our Services, including personal information, outside of your jurisdiction to Canada, the United States, Japan, the UK and the countries of the European Union where we do business, including to our service providers who may need to access, process or store your personal information for the purposes described in this Policy. When your personal information is used or stored in a jurisdiction outside of the one where you reside, it may be subject to the law of this foreign jurisdiction, including any law permitting or requiring disclosure of the information to the government, government agencies, courts and law enforcement in that jurisdiction.
This Policy is current as of the Last Updated date set forth above and may change from time to time. We will post any updates to this Policy within the Services, including this Site, so please be sure to check back periodically to check for updates. If we make material changes to how we collect, use and disclose the personal information we have previously collected about you, we will endeavor to provide you with prior notice, such as by emailing you or posting prominent notice on this Site or within the Services. Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.
If you have questions or would like to contact us regarding this Policy, please submit a request to us via our Compliance hotline.
California Residents. If you are a California resident, please review the California Privacy Statement for specific information about your California privacy rights and how to exercise them.
For more information about our privacy practices and your privacy choices, please submit a request via our Compliance hotline.
Quebec Residents. In addition to the rights set forth above under the ‘Your Privacy Choices’ section above, residents of Quebec have the following additional privacy rights with regard to their personal information, subject to any conditions and limitations set forth under the relevant law:
To exercise your rights, please submit a request via our Compliance hotline.
Complaints. Canadians have the right to submit a complaint with the relevant data protection authority of your habitual residence, your place of work or the place of the alleged infringement/violation of your rights. We encourage you to first address inquiries or complaints concerning compliance with this Policy, in writing, with the Komatsu Privacy Officer by submitting a request via our Compliance hotline.
If you are not satisfied with the response from our Privacy Officer, you may contact and submit your complaint with the below listed federal or provincial regulators, as applicable:
European and UK visitors. If you are a European or UK resident, please review the Europe and UK Privacy Notice for specific information about your privacy rights and how to exercise them.
