BIT HUB PRIVACY NOTICE
FOR THE PROCESSING OF YOUR PERSONAL INFORMATION
This Privacy Notice relates to the Processing of Personal Information (PI) in BIT Hub,
also known as Best In Town Hub(BIT Hub). Toyota Motor North America
(TMNA), with head office located at 6565 Headquarters Drive, Plano TX,
75024 USA, manages BIT Hub on behalf of Toyota Motor Corporation
(TMC). TMNA and TMC (We, Us or Our) collect your
PI herein for legitimate business interests and with your consent. BIT Hub is hosted in
the United States by TMNA.
We will only process your PI in BIT Hub with your consent, which you may withdraw at any
time by contacting us at office.of.privacy@toyota.com. To learn more about our data
handling practices and your privacy rights, please visit our privacy policies below:
• TMNA: https://www.toyota.com/support/privacy-rights
• TMC: https://global.toyota/en/privacy-notice
WHICH OF YOUR PI WILL BE COLLECTED?
We will collect the following categories of PI:
Categories of PI:
|
first and last name
|
business title
|
business email address
|
business department
|
business phone number
|
business location
|
job responsibility
|
your image
|
PURPOSE OF THE PROCESSING OF PI
We will process PI for the purposes described below:
Purpose:
|
1. BIT Hub is designed to allow authorized employees or
contract workers of TMC and its participating affiliates and
distributors worldwide (Users) to share knowledge for
the purpose of achieving collaboration and continuous improvement in
business operations and processes. BIT Hub Users have access to
and use of the PI of other Users for the purpose of contacting these
other Users to learn more details about any knowledge shared by that
User in BIT Hub.
2. In addition, BIT Hub administrators have access to
and process User PI to ensure authorized access/use and proper
functioning and security of BIT Hub.
|
DURATION OF RETENTION OF YOUR PI
Your PI will be kept for the duration indicated below:
Type of User
|
Retention period:
|
Categories of PI:
|
BIT Hub User
|
PI is stored until it is no longer necessary to provide our services, or
until your account is deleted at your request or by an administrator,
whichever comes first.
PI is also stored to ensure authorized access and use, and the proper
functioning and security of BIT Hub.
PI in posted presentations is stored until the presentation is deleted
from BIT Hub at the discretion of an administrator. We are not able to
remove PI contained in a presentation without deleting the entire
presentation. If a User includes PI in a presentation it is entirely
voluntary.
|
- first and last
name
- business title
- business email
- business
department
- business phone
number
- business location
- job
responsibility
- your image
|
USE OF PI FOR DIRECT MARKETING PURPOSES
Your PI will be used by the BIT Hub administrators to communicate information about
changes, updates or news about BIT Hub. Your PI will not be used for
direct marketing purposes and we will not sell your PI to non-affiliated third
parties (including for their own direct marketing purposes).
RECIPIENTS OF YOUR PI
We may share your PI with other parties including, but not limited to, the recipients
indicated below:
Recipients
|
Employees and contract workers of TMC, and its participating affiliates
and distributors worldwide who have authorization to access and use BIT
Hub.
|
BIT Hub administrators processing PI of BIT Hub Users on behalf of BIT
Hub participating entities worldwide to ensure authorized acceess and
use, and the proper functioning and security of BIT Hub.
|
Service providers, including Salesforce, who are contractually obligated
to provision their products or services to TMNA (including, but not
limited to IT suppliers, financial, tax or legal advisors,
accountants, and forensic specialists)
|
TMNA is established in the United States of America. However, as an international
busines, TMNA's use of your PI necesssarily involves the transmission of data on an
international basis. BIT Hub has Users worldwide so in addition to your PI being
transferred to TMNA in the United States, it may also be transferred to any of the
other jurisdictions where BIT Hub participating entities are located. By using BIT
Hub, you acknowledge and agree that your transferred PI can be used in the way
described in this Privacy Notice.
BIT Hub Terms of Use
These Terms of Use ("Terms" or "Agreement") govern your access to and use of the BIT Hub.
The BIT Hub is owned by TMC and managed by Toyota Motor North America (“TMNA”).
The BIT Hub is made available to authorized employees and contract workers of TMC,
certain of its distributors and affiliates worldwide, and Toyota franchised dealership
personnel who have authorization to access and use BIT Hub.
You will not be permitted to access the BIT Hub until you read, understand and agree to
each of the Terms. If you do not understand or agree to the Terms, or cannot
comply with all of the Terms, do not indicate agreement and do not attempt to gain
access to the BIT Hub. Questions about your use of BIT Hub can be directed to
toyotachatter@toyota.com. Questions about your Personal Data in BIT Hub can be directed
to Office.of.Privacy@Toyota.com.
- The Purpose of the BIT Hub.
The BIT Hub provides the opportunity for collaboration, and the ability to manage the
capture, review and dissemination of many types of knowledge, including "lessons
learned," new technology, best practices and more, relating to the advancement of the
Toyota Way and Global Vision. Through the BIT Hub, Toyota seeks to enhance its
worldwide performance by providing its distributors and affiliates with easy access to
knowledge and collaboration with Toyota Motor Corporation, its distributors and
affiliates around the globe.
Any person or entity that accesses the BIT Hub ("User") may become involved in one or
more areas within the BIT Hub associated with a discrete area of knowledge, known as a
"group." The Terms presented herein, including but not limited to the guidelines,
rules and restrictions applicable to BIT Hub usage, apply equally to communications and
postings that take place within a group.
The BIT Hub is to be used exclusively for business purposes. Solicitation or
distribution of materials on behalf of individuals, companies, organizations or other
third parties not affiliated with Toyota is strictly prohibited. Use of the BIT
Hub is voluntary, and is not required as a term or condition of user's employment by
Toyota.
2. Site Access.
a. Registration. You must register
through the BIT Hub before you will be granted access to it. By virtue of
registering, you represent that the information you provide is true, accurate, current
and complete. By registering, you also represent that you will promptly update
your information, as necessary, to keep it true, accurate, current and complete.
If you provide, or if Toyota believes you have provided, any information that is
untrue, inaccurate, not current or incomplete, we reserve the right to terminate this
Agreement and deny you access to the BIT Hub.
Registration will only be granted to you if you (1) are authorized to access the BIT Hub
by the company you represent and (2) are an employee of, or have a contract to perform
work for, TMC, certain of its distributors or affiliates, or you are authorized
Toyota franchised dealership personnel. In the event you are no longer eligible
for registration, for example, because you resign from your employment with Toyota, your
access to the BIT Hub will be terminated. Toyota reserves the right to deny access
to anyone at any time and for any reason irrespective of whether or not access was
originally granted.
b. License. Following valid
registration, Toyota grants you a limited, nonexclusive and revocable license to access
and make use of the BIT Hub. You agree to use the BIT Hub only for lawful purposes
and in accordance with the terms and conditions contained herein.
i. The license granted to you does not
include the right to modify, reproduce, copy or resell any of the Content of the BIT Hub
or to copy or post the Content to any other web site; to download or copy any User's
account information for the benefit of another party; to bypass any technical measures
used to prevent or restrict access to any portion of the BIT Hub or its associated
website; to use any data mining, robots, or similar automated data gathering and
extraction tools to access the BIT Hub; to violate or attempt to violate the security of
the web site, or to interfere with or attempt to interfere with the proper working of
the BIT Hub.
ii. Toyota may provide you with only a
partial license to the BIT Hub. A partial license permits you to access only
certain areas of the BIT Hub, such as one or more particular topics or a particular
group or chat room. If you are granted a partial license, you will be informed of
the areas that you may access. You agree to restrict your use of the BIT Hub to
those areas to which you have access, and to abide by the rules, policies and
regulations that apply to those areas to which you have access (including, for example,
subject matter restrictions for Content posted to a particular Community).
c. Privacy. Certain information you
provide about yourself when you register will be accessible by all BIT Hub Users.
Generally, your Personal Information will be linked to the Content you add to the BIT
Hub or to any comment you post on the BIT Hub and may be viewed or accessed by BIT Hub
Users. Any information you include in a post or other contribution to the BIT Hub,
including your Personal Information can also be viewed or accessed by other BIT Hub
Users. Content posted by User is viewable by other Users even after removal of
User’s Personal Information. To learn more about how Toyota controls and processes your
Personal Information, please refer to the BIT Hub Privacy Notice For The
Processing Of Personal Information.
i. The BIT Hub website uses "cookies."
Cookies are pieces of information that a Web site transfers to an individual's
hard drive for record-keeping purposes so that site and user activity may be tracked.
By capturing who, how and when you and other BIT Hub Users use the site, cookies
help the BIT Hub identify those areas of the site that are popular and which areas are
not. Improvements and updates to the site may be based on information provided
through cookies. The BIT Hub website uses persistent cookies.
ii. Toyota will not share any information
it collects from you through the BIT Hub or the registration process with any third
parties for marketing purposes.
iii. Toyota may be required to disclose to
third parties any information it collects from you through the BIT Hub or the
registration process in order to: (1) comply with legal process (such as a
subpoenas, court orders, etc.) or other legal requirements of any governmental authority
as provided in Section 3.f. below; (2) protect and defend Toyota's rights or property
(including the enforcement of our agreements); and (3) protect the personal safety and
welfare of registered BIT Hub Users.
iv. Toyota has put in place
administrative, technical and physical control measures to prevent unauthorized access
to the information it collects from you through the BIT Hub or the registration process.
v. The BIT Hub website is hosted in the
United States. If you are located in the European Union or other regions with laws
governing data collection and use that may differ from United States law, please note
that by registering you are transferring your Personal Information to the United States,
and by providing your Personal Information you consent to that transfer. To learn more,
To learn more about how Toyota controls and processes your Personal Information, please
refer to the BIT Hub Privacy Notice For The Processing Of Personal
Information.
d. Username and Password. When you
register you will be required to select a unique password which must meet the password
requirements then in place on the BIT Hub. You are responsible for maintaining the
confidentiality of your password, and you agree to notify Toyota immediately if you have
reason to believe that your user name and/or password may have been obtained by a third
party or if you become aware of any unauthorized use of your access account. You
agree not to provide your password, or use of or access to the BIT Hub to anyone else
including, without limitation, your co-workers or other employees, agents or
representatives of any Toyota affiliate, distributor or dealer. If Toyota believes
that your access to the BIT Hub is no longer secure, we reserve the right to deny you
access. You are responsible for any and all activities, including all information
provided or received through your access to the BIT Hub. You agree that Toyota is
not responsible for nor liable for any loss or other injury you may incur as a result of
someone else using your user name or password, either with or without your knowledge.
e. Termination of Access. You agree
that Toyota, in its sole discretion, may terminate your username and password, or use of
the BIT Hub, for any reason including, without limitation, lack of use or if Toyota
believes that you have violated or acted inconsistently with the letter or spirit of
these Terms. Toyota may also in its sole discretion and at any time discontinue
providing the BIT Hub, or any part thereof, with or without notice. You agree that
Toyota may terminate your access to the BIT Hub without prior notice. Further, you
agree that Toyota shall not be liable to you or any third party for any termination of
your access to the BIT Hub.
f. Links to Other Websites. The BIT
Hub includes links to other websites sponsored by Toyota affiliates as well as websites
sponsored by independent third parties. These other sites are independent of the
BIT Hub and may contain their own user authentication process and separate terms of use
and/or privacy policies. Please see the information about such policies and terms
of use available through the other sites before you access the Content on these sites.
Toyota is not responsible for and cannot control the privacy practices or the
Content of these sites.
g. Application of Toyota Company Policies.
Users employed by Toyota and its affiliates must abide by all policies of User's
employer company in utilizing the site and will be subject to discipline for violation
of their company's policies.
3. Content.
a. User Responsibilities for Content.
You understand that all information, data, text, software, sound, photographs,
graphics, video, messages or other materials on the BIT Hub ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the person or
entity that originated such Content. Therefore, you are entirely responsible for
all Content that you upload, post, email or otherwise transmit via the BIT Hub.
You represent and warrant that you own or otherwise control all the rights to any
Content you post or submit to the BIT Hub, that use of the information or Content you
post or submit does not violate the intellectual property rights of any third parties,
and that use of the information or content you post or submit will not cause injury to
any person or entity. You agree that you will indemnify Toyota for all claims
resulting from or related to Content you post or submit. You further agree to not
post or otherwise provide Content to the BIT Hub if the posting of that Content would
violate the Code of Conduct contained herein.
b. Toyota Not Responsible For Content.
Toyota does not control the Content posted or otherwise transmitted via the BIT
Hub and therefore does not guarantee the accuracy, integrity, quality or relevance of
such Content. Under no circumstances will Toyota be responsible or liable in any
way for any Content, or for any loss or damage of any kind incurred as a result of the
use of any Content posted or otherwise transmitted via the BIT Hub. Toyota neither
endorses nor is responsible for any opinion, advice, information, or statement made or
displayed on the BIT Hub by third parties. Toyota is not responsible for any
errors or omissions in articles or postings, for hyperlinks embedded in messages, or for
any results obtained from the use of such information. Under no circumstances will
Toyota be liable for any loss or damage caused by your reliance on information obtained
through the BIT Hub. It is your responsibility to evaluate, and Toyota cannot and
does not take responsibility for, the truthfulness, reliability, or completeness of any
opinion, advice, information, or statement available on the BIT Hub. Because
business customs and conditions and legal requirements vary widely from country to
country and, sometimes, within a country, you agree to take full responsibility for the
use or application of any opinion, advice, information or statement available on the BIT
Hub to your business.
c. Toyota's Right To Monitor. The
opinions expressed on the BIT Hub are solely the opinions of the Users. Toyota has
no obligation to monitor the BIT Hub or its Communities, or any materials that you or
other third parties transmit or post on to the BIT Hub. However, you acknowledge
and agree that Toyota has the right, but not the obligation, (i) to monitor the BIT Hub
and the materials you transmit or post; (ii) to alter or remove any such materials
(including, without limitation, any posting or transmission) for any reason, including
but not limited to failure to abide by these Terms or any applicable company policies;
and (iii) to disclose such materials and the circumstances surrounding their
transmission to any third party in order to operate the BIT Hub properly, to protect
Toyota, our partners and other Users, and to comply with legal obligations or
governmental requests.
d. Toyota's Rights to Content.
Because the BIT Hub hosts multiple groups and offers many opportunities to
post, and therefore redistribute, Content you provide us, we require certain rights in
those materials. Therefore, by sending or transmitting to us creative suggestions,
ideas, notes, concepts, or other Content, or by posting such Content to any area of the
BIT Hub, you grant to Toyota and Toyota's designees a worldwide, non-exclusive,
sublicensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce,
distribute, create derivative works of, publicly perform, publicly display, digitally
perform, make, have made, sell, offer for sale and import such Content in any media now
known or hereafter developed, for any purpose whatsoever, commercial or otherwise,
without compensation to the provider of the Content. Toyota shall not be subject
to any obligation, whether of confidentiality, attribution, or otherwise, regarding the
Content, and Toyota shall not be liable for any use or disclosure of any materials.
e. Obligation to Report Prohibited
Content. You agree that, upon discovery of any Content that is inappropriate,
illegal (including but not limited to copyright infringements) or that otherwise
violates these Terms or the Code of Conduct set forth herein, you shall report such
Content to:
toyotachatter@toyota.com
Your report shall identify the prohibited Content and provide sufficient information for
us to locate it within the BIT Hub, and shall include a statement of the reason you
believe the Content is prohibited.
f. Litigation. Electronically stored
information on the BIT Hub may be downloaded, stored and maintained in the event of
litigation, and will be subject to disclosure pursuant to appropriate discovery
requests, subpoenas, court orders or requests from government agencies.
g. Trademarks. The trademarks,
logos, and service marks displayed in the BIT Hub are owned by Toyota and third parties,
and the BIT Hub's trade dress is owned by Toyota. All trademarks not owned by
Toyota are the property of their respective owners, and, where used by Toyota, are used
with permission. Nothing contained in these Terms or in the BIT Hub may be
construed as granting, by implication, estoppel, or otherwise, any right or license to
use any trademark.
4. Confidential Nature of Content.
a. You will be exposed to Confidential
Information, as defined below, and may assist in the creation of Confidential
Information as a result of your participation in the BIT Hub. All such
Confidential Information is and shall be owned by Toyota. Except as required for
participation in the groups, you shall not use or disclose to any third party any such
Confidential Information. You agree to take all necessary steps to protect
Confidential Information with at least the same degree of care that you use to protect
your own confidential and proprietary information of like kind, but in no event less
than reasonable care.
b. "Confidential Information" includes all
Content on the BIT Hub unless such Content: (i) was in your possession prior to
your access to it on the BIT Hub without restriction on its use or disclosure; (ii) is
or becomes available to the general public through no act or fault of yours; or (iii) is
rightfully disclosed to you by a third party outside the BIT Hub without restriction on
its use or disclosure.
c. Users must abide by all policies of
their employer regarding the use and disclosure of the confidential information of
User's company. Any posting of the company's confidential information to the BIT
Hub must be approved in accordance with the User's company policies
d. Upon completion of any topic or project
within a Community, or completion of a Community itself, all Confidential Information in
your possession related to such topic, project and/or Community shall be deleted or
destroyed as appropriate.
e. Upon termination of your access rights
to the BIT Hub for any reason, you agree to delete or destroy all Confidential
Information in your possession, except where Toyota provides you with written
authorization to retain the Confidential Information.
5. Code of Conduct.
a. You agree not to use the BIT Hub to
upload, post, email or otherwise transmit, or to provide links to:
i. any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous,
invasive of another's privacy, hateful, or racially, ethnically or otherwise
objectionable or offensive;
ii. any material non-public information
about companies without the authorization to do so, or any Content that you do not have
a right to transmit under any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential information learned or disclosed as
part of employment relationships or under nondisclosure agreements);
iii. any Content that infringes any
patent, trademark, trade secret, copyright, right of privacy, right of publicity, or
other rights, proprietary or personal, of any party;
iv. any Content that contains software
viruses or any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or telecommunications
equipment, or to damage, interfere with, intercept communications to or from, monitor
surreptitiously, or take control of another computer;
v. any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation;
vi. information, data or material that
violates the policies of the User's employer, including but not limited to policies
governing confidential information, legal compliance and inappropriate conduct; or
vii. Content which is confidential or
proprietary to you, your employer or a third party or which you know or should have
known: (a) embodies information under confidential restriction by any party; or
(b) is, or will be if made, used or sold by Toyota, covered by a patent, patent
application, copyright, trade secret or other intellectual property right owned by any
person or entity other than Toyota.
b. You agree during your use of the BIT
Hub not to:
i. express or imply that any statements
you make are endorsed by Toyota without our prior written consent;
ii. impersonate any person or entity
including, but not limited to, a Toyota official, or otherwise misrepresent your
affiliation with a person or entity; or
iii. forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted through the BIT
Hub.
c. You agree during your use of the BIT
Hub not to:
i. interfere with, disrupt , or attempt to
gain unauthorized access to the BIT Hub, other User accounts, or other computer systems,
databases, servers or networks connected to the BIT Hub, or disobey any requirements,
procedures, policies or regulations of networks connected to the BIT Hub;
ii. intentionally or negligently violate
any applicable local, state, national or international law including, but not limited
to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of
any national or other securities exchange including, without limitation, the New York
Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
iii. collect or store personal data about
other BIT Hub Users;
iv. modify, adapt, sub-license, translate,
sell, reverse engineer, decompile or disassemble any portion of the BIT Hub or software;
v. remove any copyright, trademark, or
other proprietary rights notices contained in the BIT Hub;
vi. "frame" or "mirror" any part of the
BIT Hub without Toyota's prior written authorization; or
vii. use any robot, spider, site
search/retrieval application, or other manual or automatic device or process to
retrieve, index, "data mine," or in any way reproduce or circumvent the navigational
structure or presentation of the BIT Hub or its Contents.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY.
a. YOU EXPRESSLY UNDERSTAND AND AGREE
THAT:
i. YOUR USE OF THE BIT Hub IS AT YOUR SOLE
RISK. THE BIT Hub IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TOYOTA
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
ii. TOYOTA MAKES NO WARRANTY THAT (i) THE
BIT Hub WILL MEET YOUR REQUIREMENTS; (ii) THE BIT Hub WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BIT
Hub WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WHICH WERE FACILITATED
THROUGH OR FROM THE BIT Hub WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
iii. ANY CONTENT DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE BIT Hub IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
iv. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM TOYOTA OR THROUGH OR FROM THE BIT Hub SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
b. YOU EXPRESSLY UNDERSTAND AND AGREE THAT
TOYOTA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TOYOTA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
BIT Hub; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO WHICH WERE FACILITATED THROUGH OR FROM THE BIT Hub; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE BIT Hub; OR (v) ANY OTHER MATTER RELATING TO THE BIT
Hub.
c. CERTAIN STATE LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
7. Indemnification.
You agree to indemnify, defend and hold Toyota, its officers, directors, employees,
agents and representatives harmless from and against any and all claims, damages,
losses, costs (including reasonable attorneys' fees), or other expenses that arise
directly or indirectly out of or from your use of the services and other activities in
connection with the BIT Hub; (b) your breach of these Terms; (c) any allegation that any
Content that you submit or transmit to the BIT Hub infringes or otherwise violates the
copyright, trademark, trade secret or other intellectual property or other rights of any
third party; or (d) your violation of the Code of Conduct in Section 5 above.
8. Intellectual Property; Copyright Agent
a. Toyota respects the intellectual
property rights of third parties, and complies with the terms of the Digital Millennium
Copyright Act (DMCA) regarding such rights. Toyota reserves the right to remove
access to infringing material posted to the BIT Hub. Such actions do not affect or
modify any other rights Toyota may have under law or contract.
b. If you believe that any portion of the
material contained on the BIT Hub infringes your copyright, please provide our Copyright
Agent the following information:
1. a physical signature of the person
authorized to act on behalf of the owner of the copyright or other intellectual property
interest;
2. a description of the copyrighted work
or other intellectual property that you claim has been infringed;
3. a description of where the material
that you claim is infringing is located on this Site;
4. your address, telephone number, and
e-mail address;
5. a statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright owner, its agent,
or the law; and
6. a statement by you, made under penalty
of perjury, that the above information in your notice is accurate and that you are the
copyright or intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
c. Our agent for notice of claims of
copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
Toyota Motor Sales, U.S.A., Inc.
P.O. Box 259001
Plano, TX 75025-9001
By phone: 1-800-331-4331
By facsimile: 310-468-7814
By email: DMCA@toyota.com
d. Upon receipt of the written
Notification containing the information outlined above, Toyota will:
. Remove or disable access to the material
that is alleged to be infringing;
. Forward the written notification to such
alleged infringer;
. Take reasonable steps to promptly notify
the alleged infringer that it has removed or disabled access to the material.
e. A Counter Notification will be
effective if in writing, provided to the Designated Agent, and including substantially
the following:
. A physical or electronic signature of
the alleged infringer;
. Identification of the material that has
been removed or to which access has been disabled and the location at which the material
appeared before it was removed or access to it was disabled;
. A statement under penalty of perjury
that the alleged infringer has a good faith belief that the material was removed or
disabled as a result of mistake or misidentification of the material to be removed or
disabled;
. The alleged infringer's name, address,
and telephone number, and a statement that the alleged infringer consents to
jurisdiction of Federal District Court for the judicial district in which the address is
located or, if outside of the United States, for any judicial district in which Toyota
may be found, and that the alleged infringer will accept service of process from the
person who provided notification or the agent of such person.
f. Upon receipt of a Counter Notification
containing the information outlined above, Toyota will:
. promptly provide the complaining party
with a copy of the Counter Notification;
. inform the complaining party that it
will replace the removed material within ten (10) to fourteen (14) business days
following the receipt of the Counter Notification, provided Toyota's Designated Agent
has not received notice from the complaining party that an action has been filed seeking
a court order to restrain alleged infringer from engaging in infringing activity
relating to the material on Toyota's network or system.
g. This process only relates to reporting
a claim of copyright infringement. Messages related to other matters will not
receive a response through this process.
9. Export and/or International Laws.
Recognizing the global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically but without
limitation, you agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you reside.
10. Miscellaneous.
This Agreement is governed by and construed in accordance with the laws of the State of
Texass, United States of America, without regards to its conflicts of law principles.
You agree to personal jurisdiction by the federal and state courts located in the
state of Texas, United States of America, and waive any jurisdictional, venue, or
inconvenient forum objections to such courts. If any provision of this Agreement
is found to be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from this Agreement and shall not affect the validity and
enforceability of any remaining provisions. This is the entire Agreement between
you and Toyota relating to the subject matter herein and supersedes any and all prior or
contemporaneous written or oral agreements between you and Toyota relating to the
subject matter herein. This Agreement is not assignable, transferable or
sub-licensable by you. No waiver by Toyota of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained in this Agreement is inserted only
as a matter of convenience and in no way defines or explains any section or provision
hereof. Toyota reserves the right, in its sole discretion, to modify these Terms.
In the event Toyota does modify the Terms, your access to the BIT Hub will be
denied until you read, understand and agree to such modified Terms.
11. Competition and Antitrust.
The BIT Hub cannot be used to discuss or exchange information that cannot otherwise be
properly discussed or exchanged in other settings due to anti-trust laws, competition
laws or other related or similar laws. Whether or not information may be discussed
or exchanged legally depends upon the specific circumstances. Examples of areas that are
sensitive include:
. Prices, the amount or timing of price
increases, conditions of sale, rebates, etc.;
. Costs, cost structures, etc.;
. Customers and suppliers;
. Competitors;
. Relations with third parties or refusals
to deal with third parties, such as suppliers, customers or competitors;
. Allocation of sales or service
territories;
. Sales volumes or market shares;
. Production information, including rates
of production, opening or closing of plants or other facilities and premises, plant
capacity, capacity utilization, delivery schedules;
. Research and development of new products
or product improvements; and
. Coordinated action on any of the above
items.
- Obligation to Consult with Own Legal
Counsel.
If you have any question about whether any aspect of your participation in the BIT Hub is
legal, whether with respect to competition and antitrust obligations or otherwise, you
should consult your own legal counsel before you proceed.