Privacy Notice regarding Direct Marketing
1. About this notice
We will process your personal data in compliance with any applicable laws and any laws that may replace them in the future (including the General Data Protection Regulation (EU Regulation 2016/679) and the United Kingdom General Data Protection Regulation, as it forms a part of the law of England, Wales, Scotland, and Northern Ireland by virtue of Section 3 of the European Union (Withdrawal) Act 2018 (the “GDPR”)).
In this notice, we provide you with information based on such laws related to the processing of your personal data. This notice sets out the basis on which any personal data that you provide to us, or that we obtain about you from other sources, will be processed by us. Please take the time to read and fully understand this notice.
2. Information about us
For the purposes of data protection law, KUREHA CORPORATION (“we”, “us,” and “our”) is a data controller in respect of your personal data, and we are committed to respecting your privacy. Our contact details are as follows:
- (a) Main office address: 3-3-2 Nihonbashi Hamacho, Chuo-ku, Tokyo, 103-8552, Japan;
- (b) E-mail address: email@example.com
You also may contact our EU representative using the contact details below:
- EU representative
- (a) Name: KUREHA GmbH;
- (b) Address: Liesegangstrasse 17A, 40211 Dusseldorf, Germany;
- (c) E-mail address: firstname.lastname@example.org
- In this notice:
- (a) “Personal Data” means any data which relates to you from which you can be identified. It includes your contact details, other personal information, and photographs;
- (b) “Affiliates” means our affiliated companies including but not limited to our subsidiaries; and
- (c) “Processing” means any activity or operation that is carried out in respect of your Personal Data, such as collecting, storing, using, transferring, or deleting it.
4. How we collect your Personal Data and what Personal Data we collect
We may also collect and Process the following Personal Data about you (collected through the exchange of business cards, your completion of forms on our websites or social networking services, or otherwise). Such information typically includes your name, address, company name, department, position, contact details (e-mail address and phone number) and any other Personal Data which we may be required to collect to enter into a contract with you and to communicate with you.
5. Purpose and legal basis of Processing Personal Data
We use the Personal Data that we hold about you for the following purposes:
- Sending direct marketing materials;
- Customer information management, including management of contact information and sales negotiations;
- Improving our services and products;
- Setting up telephone appointments; and
- Responding to inquiries.
The legal basis for the Processing of your Personal Data is as follows:
- Provision of your consent in accordance with Art.6 (1)(a) of the GDPR; or
- Where the Processing of your Personal Data is necessary to pursue our legitimate interests in accordance with Art.6 (1)(f) of the GDPR (e.g., establishing a business relationship, marketing, or improving our services and products).
6. Disclosure of Personal Data to recipients
We may share your Personal Data with recipients in the following situations:
- (a) Internal use by us: Our employees who are authorized and who have a need to access such data;
- (b) Affiliates: We may share your Personal Data with our Affiliates for internal administrative purposes and uses that are consistent with this notice;
- (c) Service providers: We may share your Personal Data with third-party service providers that perform certain services, such as providing marketing services;
- (d) Legal procedures and security: We may disclose your Personal Data to legal or government regulatory authorities as required by any applicable laws. We may also disclose your Personal Data to third parties as required by any applicable laws in connection with any claims, disputes, or legal proceedings, when otherwise required by any applicable laws, or if we determine that such disclosure is necessary to protect the health and safety of you or any other person, or to enforce our legal rights or contractual commitments that you have made; and
- (e) Business transfers: Your Personal Data may be disclosed as a part of a corporate business transaction, such as a merger, acquisition, company split, business transfer, joint venture, or the financing or sale of company assets, and may be transferred to a third party as one of the business assets in such a transaction. Your Personal Data may also be disclosed in the event of insolvency, bankruptcy, or receivership.
7. Transfer of Personal Data outside the European Economic Area and the United Kingdom
Personal Data that we hold about data subjects residing in the EEA and/or the UK may be transferred to, and stored by, a third party outside the EEA and/or the UK. In cases where we transfer such Personal Data outside the EEA and/or the UK, we will ensure that:
- (a) The recipient destination has been subject to a finding by the European Commission that it ensures an adequate level of protection in relation to the rights and freedoms that the data subjects possess in respect of their Personal Data and/or the Government of the UK has specified the recipient destination as a country that ensures an adequate level of protection as provided under the Data Protection Act 2018;
- (b) The recipient enters into standard data protection clauses with us that have been approved by the European Commission and/or the Government of the UK; or
- (c) The recipient has committed to complying with the binding corporate rules in accordance with Art.47 of the GDPR.
You may obtain more details on the protection given to such Personal Data when it is transferred outside the EEA and/or the UK (including a copy of the standard data protection clauses and the binding corporate rules) by contacting us using the information about us indicated in Section 2 above.
8. Storage limit of Personal Data
9. Your rights
You have a number of legal rights in relation to the Personal Data that we hold about you. These rights may vary depending on where you are located and which data protection laws apply to the relationship between you and us, but will typically include the following:
- (a) Right to obtain information regarding the Processing of your Personal Data and to access the Personal Data that we hold about you;
- (b) Right to request rectification of your Personal Data if it is inaccurate or incomplete;
- (c) Right to request erasure of your Personal Data in certain circumstances. This may include (but is not limited to) circumstances in which:
- (i) It is no longer necessary for us to retain your Personal Data for the purposes for which we collected it;
- (ii) We are only entitled to Process your Personal Data with your consent, and you withdraw such consent;
- (iii) You object to our Processing of your Personal Data for our legitimate interests, and such legitimate interests do not override your own interests, rights, or freedoms; and
- (iv) Your Personal Data has been unlawfully Processed by us;
- (d) Right to request that we restrict our Processing of your Personal Data in certain circumstances. This may include (but is not limited to) circumstances in which:
- (i) You dispute the accuracy of your Personal Data (but only for the period of time necessary for us to verify its accuracy);
- (ii) We no longer need to use the Personal Data except to establish, exercise, or defend legal claims;
- (iii) You object to our Processing of your Personal Data for our legitimate interests (but only for the period of time necessary for us to assess whether such legitimate interests override your own interests, rights, or freedoms); and
- (iv) Your Personal Data has been unlawfully Processed by us, but you oppose the erasure of your Personal Data and instead request the suspension of its use;
- (e) Right to object to our Processing of your Personal Data;
- (f) Right to receive any Personal Data which we Process about you on the basis of your consent (as opposed to any other legal ground) and where such Processing is carried out by automated means in a structured, commonly used, and machine-readable format and/or to request that we transmit such Personal Data to a recipient where this is technically feasible. Please note that this right only applies to Personal Data which you have provided to us;
- (g) Right to withdraw your consent to our Processing of your Personal Data at any time. However, please note that we may still be entitled to Process your Personal Data if we can rely on another legal ground for doing so.
- You may exercise any of your rights by contacting us using the information about us indicated in Section 2 above. You may also lodge a complaint with the competent data protection authority if you believe that any of your rights have been infringed by us.