Privacy Statement Terms & Conditions
Duneworx Motos cc (“Yamaha”) values your personal information and respects your privacy. The purpose of this Notice is to keep you informed of: (1) personal information we may collect from or about you; (2) how we may use and share that information; (3) the choices and resources you have with respect to the forgoing; (4) our collection, use and sharing of other non-personal information; and (5) additional information about the Duneworx Motors cc Yamaha Website & Yamaha’s privacy practices. Our primary purpose in the collection and use of this information is to further our efforts to interact and build relationships with you, our potential or existing customers, in order to provide a diverse array of innovative and reliable products.
This Notice applies to the Duneworx Motors cc Yamaha website located at https://www.duneworx.com and other related websites owned and operated by Yamaha that may link to this Notice (the “Yamaha Website” or “Website”). This policy also applies to information we collect, protect, share and use as part of other technology platforms, web pages, interactive features, special events, forms, social media, and mobile applications. The Website and this Notice are intended for Namibian residents only. If you are a resident of another country, please use the following link to find the appropriate Yamaha affiliate that corresponds to your geographic region. https://global.yamaha-motor.com/link/index.html By using the Website, or providing us with any information, you consent to the collection, processing, maintenance and transfer of such information in and to Namibia and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside or are a citizen.
1. Information We May Collect From or About You
Passive Information. When you visit the Duneworx Motors cc Yamaha Website, we may collect passive information about your visit. Passive information is any form of aggregate data, navigational data, tracking data, click-stream data, or historical data, which does not on its own personally identify you. Passive Information includes information collected through cookies. (see 4 below)
Personal Information. When you register a product, purchase products through our ecommerce programs via the Website, send us an email, subscribe to one of our newsletters, or submit other data through the Duneworx Motors cc Yamaha Website, we may obtain and collect personal information. Personal information is information collected that personally identifies you, such as by name, email address, mailing address, phone number. This personal information may be combined with Passive Information or additional information we receive from third parties, as well.
2. How We May Share or Use Your Personal Information
Sharing. We do and will not share your personal information with anyone. Personal information will be used solely to enhance the Duneworx Motors cc Yamaha customer experience and offer additional products and/or services that may be of interest to you.
Use. Duneworx Motors cc Yamaha does not send unsolicited bulk emails or marketing-related communications to anyone who has requested that we not contact them. We send promotional information and communications only to those who have taken affirmative steps to subscribe to these communications or our existing registered customers, who have not unsubscribed or opted out of such communications. You may “opt-out” of our promotional use of your personal information (see 3 below)
If you have opted out of our promotional use of such personal information (see 3 below), Duneworx Motors cc Yamaha will not use or disclose such information except as follows:
– to communicate directly with you in connection with your Yamaha products, purchases or specific requests;
– to validate credit card numbers;
– to permit our website designers to develop features and services that meet your needs (see 4 below, including Cookies);
– to tailor your experience on our Website, showing you individually tailored content (see 4 below, including Cookies);
– to comply with a lawful subpoena or court order;
– to remedy any violation or breach of an agreement between you and Duneworx Motors cc Yamaha; and
– to prevent harm to the property or rights of Duneworx Motors cc Yamaha or its customers.
3. Choices & Resources With Respect to Your Personal Information
Response Opt-Out. In response to any Duneworx Motors cc Yamaha promotional or marketing communication, such as a newsletter or other circulation, if you wish to no longer receive such communications, please follow the “unsubscribe” instructions contained in such communication. The entity or business group sending such communication will mark your personal information with this request to cease further marketing communications. However, you may receive future communications from other entities or business groups within Yamaha that have received your personal information, unless you have already unsubscribed from such communications from those other entities or business groups or you have communicated a request to opt-out of such communications from all Yamaha business groups.
Opt-Out, Amend or Delete Contact. If you wish to opt-out of our use and disclosure of your personal information for marketing and survey purposes (other than through use of the unsubscribe/opt-out provided in a marketing communication you may have received), or if you wish to amend or delete certain information that you have previously provided, please email your request by using the form at https://www.duneworx.com/contact-us. With respect to amendment or deletion of certain information, we will endeavor to provide a simple way to review, correct, update or remove personal information, as applicable. In some limited circumstances, such as to resolve disputes, comply with retention obligations, troubleshoot problems and enforce our Terms and Conditions, we may retain in our files information you have requested us to remove, but such information is not actively used.
4. Collection, Use & Sharing of Passive & Other Information Beyond the Scope of Personal Information
Aggregate Information. Duneworx Motors cc Yamaha may share aggregate statistical information with business partners, sponsors or other third parties without sharing your personal information. For example, we may tell an advertiser that X number of visitors visited a certain area on a website, or that Y number of men and Z number of women applied for extended service, but we would not disclose anything that uniquely identifies those individuals.
IP Addresses. An Internet Protocol (“IP”) address is a number assigned to your computer whenever you access the Internet. An Internet Service Provider (“ISP”) typically assigns a random dynamic IP address at the time of your connection. For local area network (“LAN”), DSL, or fibre modem users, a static IP address may be permanently assigned to a particular computer. Duneworx Motors cc Yamaha may record IP addresses of visitors to its Website. While an IP address may reveal your ISP or geographic area, we cannot determine your identity solely based upon your IP address. Other websites you visit have IP addresses, and we may collect the IP addresses of those websites and their pages, but these IP addresses are never associated with Internet users.
Geolocation. Duneworx Motors cc Yamaha and connected device applications may collect, use, and share precise location data, including the real-time geographic location of your Yamaha product or connected device using a Yamaha application in order to provide location-based services and features. Where available, geolocation features may use GPS, Bluetooth, and your IP Address, along with crowd-sourced Wi-Fi hotspot and cell tower locations, and other technologies to determine the approximate location of your device and/or Yamaha product. Unless you provide consent, this location data (if collected at all) is collected anonymously in a form that does not personally identify you and is used by Duneworx Motors cc Yamaha, its affiliates and servicers generally to provide and improve location-based products and services. For example, your Duneworx Motors cc Yamaha application may share the geographic location of your connected device or Yamaha product with Yamaha, its affiliates and servicers when you opt in to geolocation features within applications or Yamaha products. Some geolocation features require combination with personal information in order to function. For example, some Yamaha products with geolocation features are combined with product identification numbers that are tied to Personal Information.
Performance and Use of Your Yamaha Product. Yamaha products and connected device applications may collect, use, and share data related to your use of and the performance of your Yamaha Product. This data (if collected at all) is collected either through your use of connected device applications or through diagnostic tools and is used by Yamaha, its affiliates and servicers generally to provide more effective service and maintenance of your Yamaha product, as well as to continue to provide and improve quality products, features and services.
5. Additional Information about the Duneworx Yamaha Website and Yamaha’s Privacy Practices
Information Communicated via Social Media & Other Similar Third Party Platforms. Any information disclosed via third party communication platforms are outside of the Duneworx Motors cc Website and subject to the privacy policies of those applicable third parties. Exercise caution before disclosing your personal information via these public venues (whether through public post or via direct messages) all of which you do at your own risk. If you do so, you may receive unsolicited emails or “spam.” Duneworx Motors cc Yamaha cannot safeguard the privacy of personal information that is disclosed and can be viewed or accessed online in this manner. Personal information you provide to Duneworx Motors cc via third party communication platforms may be combined with any of your personal information Duneworx Motors cc may already have subject to this Notice.
Security. We take safeguarding your data seriously. We seek to use reasonable information security measures to help protect your personal information. Unfortunately, even though we take measures to protect your personal information, no data transmission or storage system can be guaranteed to be 100% secure. As a result, we cannot ensure or warrant the security of any information you transmit, and you do at your own risk.
Children’s Online Privacy Protection. The Duneworx Motors cc Yamaha Website complies with the Children’s Online Privacy Protection Act of 1998 (COPPA). COPPA and its accompanying FTC regulation protects the privacy of children using the Internet. Duneworx Motors cc – Yamaha does not knowingly collect contact or personally identifiable information from children under 13. The Duneworx Motors cc Yamaha Website is not intended to solicit information of any kind from children under 13, and is designed to block our knowing acceptance of any such information, wherever age related information is requested. It is possible that by fraud or deception we may receive information pertaining to children under 13. If we are notified of this, as soon as we verify the information, we will immediately obtain parental consent or otherwise delete the information from our servers. If you want to notify us of our receipt of information by children under 13, please do so by emailing us at firstname.lastname@example.org.
Terms and Conditions
Duneworx.com – Legal Terms and Conditions of website access
Thank you for visiting the Terms and Conditions page of Duneworx Motors cc Yamaha website. This page describes our legal agreement (the “Agreement”) governing your use of Duneworx Motors cc Yamaha website at https://www.duneworx.com (the “Duneworx Motors cc Yamaha Website” or “Website”).
DUNEWORX MOTORS CC Website
This Agreement applies solely to the Duneworx Motors cc Yamaha Website, which may contain links to third party websites that are not owned or controlled by Duneworx Motors cc.
Duneworx Motors cc Yamaha hereby grants you permission to view, display, and download a single copy of the material on the Website, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy, republish or rebroadcast any part of the Website in any medium, other than as expressly permitted herein, without Duneworx Motors cc prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of this Agreement. This permission shall terminate automatically without notice if you breach this Agreement. Upon termination, you must immediately destroy any downloaded and printed copies of the Duneworx Motors cc Website or any portions thereof.
The original content of the Duneworx Motors cc Website, including without limitation the text, software, graphics, photos, and images (“Content”), are owned by or licensed to Duneworx Motors cc Yamaha, subject to copyright and other intellectual property rights under Namibian Copyright Act, foreign laws, and international conventions. Duneworx Motors cc reserves all rights not expressly granted in and to the Website and the Content. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise reproduce, display, publicly perform, or distribute the Content in any way for any public or commercial purpose.
Certain names, logos and/or slogans contained in the Website, including all Yamaha logos and the marks “Yamaha” and “Yamaha Motor Corporation, U.S.A.”, are the trademarks and service marks of Yamaha and/or its parent corporation. Such marks may not be used without the express written authorization from their respective owners. Nothing on the Website shall be construed as conferring any license under any of Yamaha’s or its parent’s trademark or other intellectual property rights, whether by estoppel, implication, or otherwise.
The Duneworx Motors cc Website may now or in the future permit the publication of communications or data posted by you and other users (“User Submissions”). Any User Submission that you post to the Duneworx Motors cc Website shall automatically be deemed non-confidential. By posting a User Submission, you expressly grant Duneworx Motors cc a royalty-free, perpetual, irrevocable, nonexclusive, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, perform, display, and make derivative works of such User Submission, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, and further including the unfettered right to sublicense such rights.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you agree that you will not: (i) post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material; (ii) publish falsehoods or misrepresentations that could damage Duneworx Motors cc or any third party; (iii) post material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity; (iv) post advertisements or solicitations of business; (v) post chain letters or pyramid schemes; or (vi) impersonate another person.
Duneworx Motors cc does not endorse any User Submission or any opinion, recommendation or advice expressed therein, and Duneworx Motors cc expressly disclaims any and all liability in connection with User Submissions. Duneworx Motors cc does not screen communications in advance, and shall not be responsible for screening or monitoring User Submissions. If notified by a user of a User Submission that allegedly does not conform to this Agreement, Duneworx Motors cc may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the User Submission.
YOU AGREE THAT YOUR USE OF THE DUNEWORX MOTOS CC WEBSITE SHALL BE AT YOUR SOLE RISK. DUNEWORX MOTOS CC PROVIDES THE WEBSITE AND CONTENT SOLELY ON AN “AS IS” BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, DUNEWORX MOTOS CC, ITS PARENT CORPORATION, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. DUNEWORX MOTOS CC MAKES NO WARRANTIES WHATSOEVER ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, PHOTOGRAPHS, LINKS, OR OTHER MATERIAL CONTAINED IN THE DUNEWORX MOTOS CC WEBSITE. DUNEWORX MOTOS CC DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. DUNEWORX MOTOS CC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE DUNEWORX MOTOS CC WEBSITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DUNEWORX MOTOS CC WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL DUNEWORX MOTOS CC, ITS PARENT CORPORATION, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE DUNEWORX MOTOS CC WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT DUNEWORX MOTOS CC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU FURTHER ACKNOWLEDGE THAT THE USE OF MOTORIZED VEHICLES CAN BE DANGEROUS AND MAY LEAD TO SERIOUS INJURY OR DEATH, AND THAT ANY INFORMATION YOU RECEIVE THROUGH THE WEBSITE CONCERNING THE OPERATION OF MOTORIZED VEHICLES IS FOR GENERAL REFERENCE AND IS NOT IN ANY WAY A SUBSTITUTION FOR PROFESSIONAL TRAINING. YOUR USE OF ANY SUCH INFORMATION IS ENTIRELY AT YOUR OWN RISK, AS EVEN PROPER OPERATION AND USE OF A MOTORIZED VEHICLE MAY NOT PREVENT SERIOUS INJURY OR DEATH.
You agree to defend, indemnify and hold harmless Duneworx Motors cc, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Duneworx Motors cc Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Duneworx Motors cc Website. Duneworx Motors cc shall notify you of any such claim, suit, or proceeding, and may assist you, at your expense, in defending any such claim, suit or proceeding.