Privacy Policy for GDPR
Privacy Policy for GDPR
If you are based in the EEA or the UK, this Policy applies to you. It describes how Tokuyama (also referred to as "Tokuyama", "we" or "us") will make use of your personal data when you access our website, when you contact our sales or customer service desks on behalf of an organisation which wants to buy products or services from us or supply services to us, when you visit our premises and when you attend shareholders' meetings or communicate with any of our employees or representatives for any other purpose.
It also describes your data protection rights, including the right to object to some of the processing which we carry out. More information about your rights, and how to exercise them, is set out in the "Your choices and rights" section.
1. Personal data collected and processed
| Category | Details |
|---|---|
| Identification Information | Your name, job title, employer details |
| Contact Information | Your address, email address and phone number |
| Marketing Information | Your marketing preferences, including any consents you have given us |
| Device Information | Information related to the browser or device you use to access our website |
| Financial Information | If you interact with Tokuyama as a shareholder, we may collect your national ID, tax number and bank details |
| Shareholder Information | If you interact with Tokuyama as a shareholder, we may also collect your home address, date of birth, gender, nationality, the votes you cast at shareholder meetings, the reference number attributed to you by Tokuyama, and power of attorney details |
| Access Information | Details of your access to our website and premises |
| CCTV footage | If you visit our premises, we may collect CCTV footage of you (images only and no voice recordings) |
| Other Information | Personal information you voluntarily provide to us, for example personal data included in your communications with our sales or customer service desks, the comments section of our product inquiry forms, surveys, competition entries or other dealings with our employees or representatives |
Sometimes, we receive information about you from third parties. In particular:
| Third Party | Category |
|---|---|
| Suppliers, dealers and retail partners | Contact Information and Identification Information |
| PR firms | Contact Information and Identification Information |
| Fraud prevention agencies | Contact Information, Identification Information, Financial Information |
| Social media | Contact Information and Identification Information |
2. Purpose of Use and legal Basis
We may process your data for the following purposes in pursuit of our legitimate interests and as necessary to provide you with appropriate products and services:
| Purpose | Legal basis | |
|---|---|---|
| 1 | To enable us to respond to any product inquiry forms that you submit | We have a legitimate interest in communicating with prospective customers about our goods and services |
| 2 | To verify your identity and conduct due diligence in connection with your purchase of our goods and services | We have a legitimate interest in managing our business and vetting prospective customers prior to entering contracts with them |
| 3 | To facilitate payment for our goods and services | We have a legitimate interest in managing our business and vetting prospective customers prior to entering contracts with them |
| 4 | To fulfil orders for requested goods or services | It is necessary in order to perform our contract with your employer |
| 5 | To manage our relationship with you | We have a legitimate interest in managing our relationships with customers |
| 6 | To respond to your/your employer's communications with us | We have a legitimate interest in managing our relationships with customers |
| 7 | To ensure the security of our systems, premises and website | We have a legitimate interest in ensuring the security of our systems, premises and website |
| 8 | To prevent, investigate and/or report fraud, terrorism, misrepresentation, security incidents or crime, in accordance with applicable law | It is necessary in order to meet our legal obligations, or, if there is no legal obligation, where we have a legitimate interest in preventing and detecting fraud or other wrongdoing |
| 9 | To comply with our legal and regulatory obligations and requests anywhere in the world, including reporting to and/or being audited by national and international regulatory bodies | It is necessary in order to meet our legal obligations in the EEA (for data subjects in the EEA) or the UK (for data subjects in the UK) and where we have no legal obligation, we rely on our legitimate interests in complying with the laws of other countries |
| 10 | To comply with court orders and exercise and/or defend our legal rights | It is necessary in order to meet our legal obligations in the EEA (for data subjects in the EEA) or the UK (for data subjects in the UK) and where we have no legal obligation, we rely on our legitimate interests in complying with the laws of other countries |
| 11 | To enable your participation in shareholder meetings and to issue any necessary communications in connection with your shareholding | We have a legitimate interest in complying with Japanese laws |
| 12 | To manage our product guarantees for registered products | It is necessary in order to perform our contract with you or, if you represent an organisation, it is in our legitimate interests to perform our contract with that organisation |
| 13 | To provide you/your employer with promotional and marketing materials about our products and services that we think you/your employer may be interested in | Where required under applicable law, we seek your consent and in other situations, we have a legitimate interest in marketing our goods and services to existing business customers. Wherever we rely on your consent, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. You have an absolute right to opt-out of direct marketing, or profiling we carry out for direct marketing, at any time. You can do this by following the instructions in the communication where this is an electronic message, or by contacting us using the details set out below. |
| 14 | To manage, develop and improve our product range, services, information technology systems and website | We have a legitimate interest in improving our customer offerings. |
3. Sharing of personal data
We will share your personal data with the following categories of recipients:
| Category of Recipient | Purpose of Use |
|---|---|
| Tokuyama Group | To operate, improve, and develop our goods and services |
| Third party service providers and suppliers | We will share your personal data with companies that provide services on our behalf, such as website hosting and maintenance, support services, email services, marketing, auditing, fulfilling your orders, processing payments, data analysis, and providing customer service. |
| Credit reference agencies, law enforcement, fraud prevention agencies and companies providing services for money laundering | To prevent, investigate and/or report fraud, terrorism, misrepresentation, security incidents or crime, in accordance with applicable law |
| Prospective Buyers/Sellers | In the event that the business is sold or integrated with another business, your details will be disclosed to our advisers and any prospective purchaser's adviser and will be passed to the new owners of the business |
| Companies designated by you | To comply with your instructions in the event that you make a request for us to share your personal data with these companies |
| Third parties to whom we assign or novate any of our contractual rights or obligations | For the purposes set out in the relevant contract pursuant to which our rights are novated or assigned |
| Any government, regulatory agency, enforcement or exchange body or court where we are required to do so by applicable law or regulation or at their request | To comply with requests from these bodies |
4. Transfer of personal data outside of the EEA or the UK
Personal data that we collect from you will be processed in Japan. The European Commission has adopted an adequacy decision in respect of data transfers to Japan, available here. The UK government has also issued a partial adequacy decision in relation to Japan, which is applicable to data transfers to Tokuyama
5. Your rights
You have the following rights:
| Right | Summary |
|---|---|
| The right of access | Enables you to receive a copy of your personal data |
| The right to rectification | Enables you to correct any inaccurate or incomplete personal data we hold about you |
| The right to erasure | Enables you to ask us to delete your personal data in certain circumstances |
| The right to restrict processing | Enables you to ask us to halt the processing of your personal data in certain circumstances |
| The right to object | Enables you to object to us processing your personal data on the basis of our legitimate interests (or those of a third party), including processing for direct marketing purposes or profiling for purposes of direct marketing, or where we are performing a task in the public interest - your objection will be upheld, and we will cease processing your personal data, unless the processing is based on compelling legitimate grounds or is needed for the exercise or defence of legal claims that may be brought by or against us. |
| The right to data portability | Enables you to request us to transmit personal data that you have provided to us, in certain circumstances, to a third party without hindrance, or to give you a copy of it so that you can transmit it to a third party, where technically feasible |
| FRANCE ONLY The right to instruct us regarding the use of your personal data after your death |
French data subjects only – you have a right to instruct us on the processing (retention, deletion, and disclosure) of your personal data after your death. You can change or revoke such instructions at any time. |
These rights may be limited, for example if fulfilling your request would reveal personal data about another person, or if you ask us to delete information which we are required by law or have compelling legitimate interests to keep. If you wish to exercise any of these rights, please contact us at the contact details set out below.
If you are unhappy with the way we are using your personal data, you have the right to complain to a data protection authority in the country that you reside in or, the country of your place of work or the country where the alleged infringement took place.
6. Storage period of Personal data
We will not limit personal data beyond the scope necessary for the purpose for which it was collected.
You can request that we erase your personal data at any time. In addition, when the personal data is no longer necessary for the purposes for which it was collected or processed, we will erase it.
Where we process personal data in connection with your shareholding, we will keep this information for as long as is reasonably required in order to meet legal, regulatory, tax or accounting needs. For instance, we are required to retain an accurate record of dealings with us, so we can respond to any complaints or challenges from you or others which might be raised later.
7. Updates to this policy
We will review and improve this policy as necessary in accordance with changes and revisions of regarding laws and regulations.
8. Inquiry desk
We accept requests for disclosure, inquiries related to our "Personal Information Protection Policy", and opinions, etc. through our "Personal Information Inquiry Form". We will respond to such requests after confirming your identity.
Established: April 1, 2024