1. Introduction

We are very delighted that you have shown interest in H. IKEUCHI & CO., LTD. (“IKEUCHI”). Data protection is of a particularly high priority for the management of IKEUCHI. This privacy policy is to help inform you of the nature, scope, and purpose of the personal data we collect, use, and process in accordance with the European General Data Protection Regulation (“GDPR”), and to notify “Data Subjects” located in the European Economic Area (“EEA”) of the rights which they are entitled to.

If you have any questions or remarks while reading this policy, let us know by sending an email directly to the Data Protection Officer or direct through the “Contact Us” form on our website.

2. Definitions

Declaration of data protection by this privacy policy is based on the terms used by the European legislator for the adoption of the GDPR. Our declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.

In this privacy policy declaring our data protection, we use, especially, the following terms:

a. Personal data

Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

b. Data subject

Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

c. Processing

Processing is any 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 collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d. Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

e. Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

f. Pseudonymization

Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

g. Controller

Controller is the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

h. Processor

Processor is a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.

i. Recipient

Recipient is a natural or legal person, public authority, agency, or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

j. Third party

Third party is a natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

k. Consent

Consent of the data subject is any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

3. Who is collecting the data?

Name and address of the Controller

Controller for the purposes of the data protection is:

H. IKEUCHI & CO., LTD
Daiichi Kyogyo Bldg., 1-15-15, Awaza, Nishi-ku,
Osaka 550-0011, Japan
Phone: +81-6-6538-4015
Email: overseas@kirinoikeuchi.co.jp
Website: www.kirinoikeuchi.co.jp

4. Who is a data subject?

You are considered as a data subject for IKEUCHI who this privacy policy applies to:

• If you are an existing or prospective Customer, Supplier, or Business Partner in the EEA;
• If you are a User of our website in the EEA;
• If you are a Visitor from the EEA to our booth during an exhibition;
• If you are located in the EEA and an applicant or an employee of IKEUCHI;
• If you are an employee of an existing or prospective Customer, Supplier, Business Partner in the EEA who interacts with us.

5. What personal data do we collect? And how?

Unless limited by local legislation, IKEUCHI collects, processes, and uses the following categories of personal data about you, including but not limited to:

• Name, title/position, business contact information, content of communication (such as emails or business letters), website registration and site use details, contract details, services or products provided or offered, invoice and payment information, shipment information, and business relationship history.
• We do not collect “special categories of personal data” such as race, ethnicity, religion, health, sexuality, or biometric data.
• We do not collect children’s personal data. We collect the above-mentioned personal data from several sources, including but not limited to:

• Directly from the data subjects (direct inquiries, account registration, business cards received)
• Collected automatically while visiting / interacting on our website and other third-party platforms branded with our company (see ) “Cookies and Our Websites”.
• Interacting at our booth during exhibitions
• Referred by business partners / satisfied customers

6. What purpose do we use your data for?

a. For specific and limited purposes as a BtoB company

We collect, process, and use personal data from Customers, Suppliers, Business Partners and Users or from their employees for purposes of performing the contractual relationship including invoice processing, communication, legal and compliance activities, for marketing purposes and customer relationship, management activities, and for fraud prevention and security activities.

• Conducting business
We collect the above-mentioned data to provide you with the most suitable solution (products / services) with a high quality support to respond to your inquiries or to solve issues you may have.

• Marketing and customer relationship
Processing of personal data applies to marketing content, including news, offers and promotions for our products and services which we send to you on third-party websites (Google Japan and Yahoo Japan) based on your industry and country. These third-party websites (systems) have their own privacy policies that we encourage you to read them.

• Data analysis
We use the personal data collected to also conduct data analysis via Google Analytics to improve our products and solutions. It will only be used where it is necessary to achieve a legitimate interest.

We process your personal data so far as such processing is legally permitted. Below is a description of the legal basis on which IKEUCHI processes your personal data. Please note that this is not the full and complete list of legal principles, but solely a list of examples which are intended to illustrate how IKEUCHI is handling your personal data.

• Consent – IKEUCHI will process certain personal data only with your prior explicit and free consent, e.g., when you allowed us to send you marketing material via email. You are entitled to withdraw your consent at any time to end future processing.
• Performance of the contractual relationship with the Customer, Supplier, or Business Partner- IKEUCHI may enter into legal contracts with you. IKEUCHI processes your personal data to comply with legal obligations arising from these contracts.
• Compliance with legal obligations – IKEUCHI is subject to a number of statutory requirements. Such legal obligations may sometimes require the processing of certain personal data.
• Legitimate interest of IKEUCHI, other IKEUCHI group companies or other third parties – IKEUCHI will process your personal data in order to safeguard our own, our group companies’ or any third party’s interests. However, this applies only if your interests do not prevail in the individual case.
The provision of personal data is necessary for the conclusion and/or performance of the Customer, Supplier, or Business Partner relationship, and is voluntary. However, if you do not provide Customer, Supplier or Business Partner data, the affected Customer and Supplier management and administration processes might be delayed or impossible.

b. The legitimate interests pursued by the Controller or by a third party

Where the processing of personal data is based on Article 6 (1) Lit. f of the GDPR, our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

c. Data protection for job applications and the application procedures

We may collect and process the personal data of applicants for the purpose of the processing of the application. The process may also be carried out electronically, in particular, when an applicant submits corresponding application by e-mail or by means of a web form on the website to the controller. If we conclude an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be returned to the applicants, destroyed, or erased in a reasonable period of time after notification of the refusal decision.

7. Who the data will be shared with?

The personal data we collect or receive about you may be transferred to and processed by the recipients, as mentioned below, who can be located inside or outside the EEA. For recipients located inside of the EEA, IKEUCHI EUPOPE B.V. in the Netherlands has taken appropriate measures to comply with the requirements of the GDPR to secure transfer of personal data, such as implementing a Data Transfer Agreement based on the clauses by the EU Commission Decision.

• Categories of recipients
Access to Personal Data may be given to those individuals of IKEUCHI who need such access for a purpose listed in this privacy policy or where required by law.
IKEUCHI will need, for the purposes listed in this privacy policy and sometimes as required by applicable law, to make some of your personal data on a need-to-know-basis available to, including but not limited to:

Other employees within the IKEUCHI group, external advisers, public accountants, governmental authorities, courts, distributors and suppliers of goods and services, and external service providers for various service.

IKEUCHI requires from the service providers to whom your personal data may be transferred that they undertake to process your personal data only on behalf and subject to its instructions and to implement appropriate security measures to keep your personal data confidential.

8. Protection of your personal data:

a. Technical and organizational measures

IKEUCHI puts into place appropriate technical and organizational security measures to minimize the risk of unauthorized or unlawful disclosure or access to, or accidental or unlawful loss, destruction, alteration, or damage to your personal data. These security measures will over time be improved in line with legal and technological development.

b. Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

Your personal data is stored by IKEUCHI and/or our service providers, strictly to the extent necessary for the performance of our obligations and strictly for the time necessary to achieve the purposes for which the information is collected, in accordance with applicable data protection laws.

Therefore, IKEUCHI will delete your personal data when your data are no longer relevant, upon expiration of the maximum storage term of your data as set forth by the applicable law.

Personal data contained in contracts, business communication and letters can be subject to statutory retention requirements, which may require a retention of up to 10 years. Any other Supplier data will in principle be deleted two years after the termination of the business relationship between you and IKEUCHI.

9. Rights of the data subjects

a. Right of confirmation

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact the Data Protection Officer.

b. Right of access

Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

• the purposes of the processing;
• the categories of personal data concerned;
• the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
• where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
• the existence of the right to request to the controller for rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
• the existence of the right to lodge a complaint with a supervisory authority;
• where the personal data are not collected from the data subject, any available information as to their source;
• the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact the Data Protection Officer.

c. Right to rectification

Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact the Data Protection Officer.

d. Right to erasure (Right to be forgotten)

Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

• The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
• The data subject withdraws consent to which the processing is based according to point (a) of Article 6 (1) of the GDPR, or point (a) of Article 9 (2) of the GDPR, and where there is no other legal ground for the processing.
• The data subject objects to the processing pursuant to Article 21 (1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 (2) of the GDPR.
• The personal data have been unlawfully processed.
• The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
• The personal data have been collected in relation to the offer of information society services referred to in Article 8 (1) of the GDPR.
If one of the above-mentioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the controller, he or she may, at any time, contact the Data Protection Officer. The Data Protection Officer shall promptly ensure that the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged pursuant to Article 17 (1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data.

e. Right of restriction of processing

Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

• The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
• The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
• The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise, or defense of legal claims.
• The data subject has objected to processing pursuant to Article 21 (1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the above-mentioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the controller, he or she may at any time contact the Data Protection Officer. The Data Protection Officer will arrange the restriction of the processing.

f. Right to data portability

Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used, and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6 (1) of the GDPR or point (a) of Article 9 (2) of the GDPR, or on a contract pursuant to point (b) of Article 6 (1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to Article 20 (1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may at any time contact the Data Protection Officer.

g. Right to object

Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6 (1) of the GDPR. This also applies to profiling based on these provisions.

The data controller shall no longer process the personal data in the event of the objection, unless the data controller can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or for the establishment, exercise, or defense of legal claims.

If the data controller processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the controller to the processing for direct marketing purposes, the controller will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the controller for scientific or historical research purposes, or for statistical purposes pursuant to Article 89 (1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may contact any employee of the controller. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

h. Automated individual decision-making, including profiling

Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her. However this right shall not apply if the decision: (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.

In the cases referred to in the above (1) and (3), the controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact the Data Protection Officer.

i. Right to withdraw data protection consent

Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact the Data Protection Officer.

Updated on July 25, 2018