Privacy and Cookie Policy


 

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Privacy and Cookie Policy

1. Who we are

Tsubakimoto Europe B.V., hereinafter, Tsubakimoto, is part of a global organization of several companies worldwide. At the Tsubaki Group, consisting of Tsubakimoto Chain Co. and its domestic subsidiaries and affiliates (collectively "Group"), we take our responsibility to protect your personal data seriously. Personal data collected by Tsubakimoto is handled with high care. We are committed to safeguard the personal data of all our clients, prospects, relations, employees and stakeholders.

We respect your right to privacy and will only process your personal data in accordance with applicable data protection laws. This Privacy Policy applies to personal data we collect from visitors of our website, visitors of events, clients and other prospects.

In case of any request concerning our use, integrity and/or accuracy of your personal data or in case you want to assert any of your rights as referred to below, you may contact us by e-mail at privacy@tsubaki.eu. You can also contact us through the contact form on our website (https://tsubaki.eu/contact/contact-form/).

2. What personal data do we collect?

We define 'personal data' as 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 identity of that natural person.

The type of personal data we process depends on our relationship with you and on the service and products we deliver to you. For example, you can simply visit our website (cookies) or we can have a longstanding business relationship, for which we process your data.

General data collection

We will collect your name, e-mail, telephone number and address if you:

  • show an interest in acquiring additional information about our products and/or services by approaching us through e-mail or through the contact form on our website;
  • if you register for a marketing event, such as a webinar, competition, live event etc., in addition to scanning your badge or registration card;
  • download a whitepaper as published by Tsubakimoto, after providing Tsubakimoto your contact data;
  • if you communicate with us through e-mail or through our website, in which case we also automatically collect personal data about your computer and Internet Protocol (IP).

If you visit our office, you might be asked to register as a visitor and to provide your name, company name, signature, e-mail address and phone number. You might also be asked medical data, due to a pandemic. This data will be retained for two weeks.

Business relationship

If you purchase services and/or goods, we will collect your name, e-mail, telephone number, address, financial data and other necessary data for the execution of the agreement. Tsubakimoto will process this data on the ground that it is necessary for execution of the agreement. This data will be retained during a period of 5,5 years.

Job application procedure

The personal data that you share with the Group is only used for the management and control of the entire process of the job application and will be processed exclusively by the employees designated for that purpose within the organization.

The personal data that the Group processes in the context of the application process can be:

  • name and address (name, address, place of residence);
  • personal information;
  • identifying data;
  • data required for communication;
  • financial details;
  • legal status data;
  • work or working conditions related data;
  • career data;
  • training data;
  • contractual information.

Basis for processing
Tsubakimoto has a legitimate interest in the processing of application procedures in order to be able to carry out the application process.

Term of retention
The personal data that the Group receives in the context of the application procedure will be deleted within 4 weeks after the end of the application process, if the applicant is not hired, or after a maximum of one year after the application process has ended, if the applicant has given his consent. If the applicant is hired, the data will be deleted 5,5 years after the end of the employment contract.

Invoicing

Any data required for invoicing. All communication around invoicing is stored during 5,5 years after the invoice, as Tsubakimoto is obligated to do so according to Dutch law.

Cookies and other technologies

Using cookies and other technologies we collect personal data, that will further be described below.

Newsletter data

If you would like to subscribe to any newsletter offered by Tsubakimoto, we will need from you an e-mail address as well as information that allow us to verify that you are the owner of the e-mail address provided, and consent to the receipt of the newsletter. No further data shall be collected or shall be collected only on a voluntary basis. We shall use such data only for the sending of the requested information and shall not share such data with any third parties.

The processing of the information entered into the newsletter subscription form shall occur exclusively on the basis of your consent (4). You may revoke the consent you have given to the archiving of data, the e-mail address and the use of this information for the sending of the newsletter at any time, for instance by clicking on the "Unsubscribe" link in the newsletter. This shall be without prejudice to the lawfulness of any data processing transactions that have taken place to date.

The data deposited with us for the purpose of subscribing to the newsletter will be stored by us until you unsubscribe from the newsletter or the newsletter service provider and deleted from the newsletter distribution list after you unsubscribe from the newsletter or after the purpose has ceased to apply. We reserve the right to delete or block e-mail addresses from our newsletter distribution list at our own discretion within the scope of our legitimate interest in accordance with processing ground (3).

After you unsubscribe from the newsletter distribution list, your e-mail address may be stored by us or the newsletter service provider in a blacklist to prevent future mailings. The data from the blacklist is used only for this purpose and not merged with other data. This serves both your interest and our interest in complying with the legal requirements when sending newsletters (legitimate interest as specified below under (3)). The storage in the blacklist is indefinite. You may object to the storage if your interests outweigh our legitimate interest.

3. On which grounds do we use your personal data?

Tsubakimoto processes personal data on the following grounds, whereby, if applicable, the lower number prevails over a higher number:

1. the processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of you or your company prior to entering into a contract;
2. the processing is necessary for compliance with a legal obligation to which Tsubakimoto is subject;
3. the processing is necessary for the purposes of the legitimate interests pursued by Tsubakimoto or by a third party;
4. you have given consent to the processing of his or her personal data for one or more specific purposes.

4. For what purpose do we use your personal data?

Personal data shall be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for statistical purposes shall not be considered to be incompatible with the initial purposes.

We will collect personal data for the purpose, with the addition of the previously specified processing grounds:

  • of executing or entering into a contract between the company where you are employee/owner and Tsubakimoto (1)(2)(3)(4);
  • of improving or (re)developing our products and services (1)(3);
  • of marketing, which is only done on the processing ground (1), if we find another solution may fit you better, or on the processing ground (3) and on the processing ground (4);
  • of recruitment purposes (1)(2)(3)(4);
  • of business purposes, including but not limited to procurement, financial and fiscal management, risk and compliance management and corporate governance (1)(2)(3).

5. With whom do we share your data?

If we use a processor as controller, we will make sure that the processing adheres to applicable law and we will have a data processing agreement in place.

Bearing in mind the purpose we have collected your personal data for, we may share your data:

  • internally;
  • within the Group (1)(2)(3)(4):
    • to manage your relationship with the Tsubakimoto Group;
    • to provide additional support or quick delivery for the service or goods we are delivering;
    • to redirect a suitable applicant to a job opening at an affiliate;
    • with our processors, such as our hosting company;
    • with our business partners, provided you have previously interacted with them or authorized Tsubakimoto directly or indirectly to share your personal data with them;
    • with other parties: as may be necessary for audits, risk and compliance management, financial and fiscal management and/or corporate governance;
    • with the government: as may be required under applicable law.

If we transfer your data outside of the EEA (European Economic Area), we will have appropriate safeguards in place, such as the most recent version of the Standard Contractual Clauses, a contract obliging both parties to adhere to applicable law, which contract is drafted and prescribed by the European Union.

6. How long do we save your personal data?

Personal data shall be kept in a form which permits identification of you for no longer than is necessary for the purposes for which the personal data are processed. We will save personal data for the time necessary to achieve the purpose of the processing in accordance with applicable law.

7. How do we safeguard your personal data?

We have implemented a 'need-to-know'-basis for any accessibility to personal data for employees, limiting access to parties for whom it is necessary to have access. Furthermore, we have procedures in place internally to safeguard your personal data across our business. Our employees are well trained to protect your privacy and detect wrongdoing. Tsubakimoto has implemented appropriate technical and organizational measures to ensure that the processing is in accordance with applicable law.

8. What are your rights (data subject rights)?

Under the GDPR you have several rights you can exercise towards Tsubakimoto. These rights can be exercised under the circumstances as specified in the articles 15 -22 of the GDPR. These rights include:

Right of access (article 15 GDPR)

this refers to the right to obtain from Tsubakimoto confirmation as to whether or not personal data concerning you is being processed, and, where that is the case, access to the personal data and to be given additional information.

Right to rectification (article 16 GDPR)

This refers to the right to obtain from Tsubakimoto without undue delay the rectification of inaccurate personal data concerning you.
Tsubakimoto shall communicate any rectification or erasure of personal data or restriction of processing carried out to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort.

Right to erasure ('right to be forgotten')

You have the right to request that we delete your personal information where one of the following grounds applies:
(a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed and Tsubakimoto no longer has a processing ground;
(b) you withdraw consent on which the processing is based and where there is no other legal ground for the processing;
(c) you object to the processing pursuant to the right to object and there are no overriding legitimate grounds for the processing, or you object to the processing of personal data for marketing purposes, which includes profiling to the extent that it is related to such direct marketing;
(d) the personal data has been unlawfully processed;
(e) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which Tsubakimoto is subject;
Tsubakimoto shall communicate any rectification or erasure of personal data or restriction of processing carried out to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort.

Right to restriction of processing

You shall be given a restriction of processing, if one of the following applies:
(a) the accuracy of the personal data is contested by you, for a period enabling Tsubakimoto to verify the accuracy of the personal data;
(b) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
(c) Tsubakimoto no longer needs the personal data for the purposes of the processing, but they are required for the establishment, exercise or defence of legal claims;
(d) you have objected to processing pending the verification whether the legitimate grounds of Tsubakimoto override those of you.
Tsubakimoto shall communicate any rectification or erasure of personal data or restriction of processing carried out to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort.

Right to data portability

You have the right to receive your personal data, which you have provided to Tsubakimoto, in a structured, commonly used and machine-readable format and you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, if:

  • the processing ground is based on contract (1) or consent (4) and the processing is carried out by automated means.

Right to object

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning him or her which is based on a legal obligation (2) or legitimate grounds (3). You have the right to object to direct marketing purposes, in which case your personal data shall no longer be processed for such purposes.

Right not to be subject to automated decision making

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you, unless this is necessary for entering into or performing the contract and unless the processing is based on explicit consent.

9. Cookies

Below, we have provided a list of the categories of cookies used on the websites, and a description of what these cookies do. Some of these cookies are essential to the operation of the Websites. Others are not essential, but help us to improve our Websites by collecting anonymous user information, or try and improve your experience of the Websites by remembering your choices.

Necessary cookies

These cookies are placed on your browser, to ensure that the Websites delivers you information and services securely and optimally. These cookies are essential to the operation of the Websites. Without these cookies, the Websites' services that you have asked for cannot be provided as required. With the use of these cookies the following type of data is processed:

  • anonymous browser session ID;
  • user ID.

As far as this data must be considered personal data, the processing is based on the ground that the processing is necessary to provide access to the Websites.

Functional cookies

Functional cookies remember your preferences. This includes making it possible to retrieve submitted personal data out of the database, or to remain logged in during a browsing session. The aim of these cookies is to provide you with a more personal experience so that you don't have to reset your preferences each time you visit the Websites. With the use of these cookies the following type of data is processed:

  • device ID.

As far as this data must be considered personal data, the processing is based on the ground that (i) the processing is necessary to provide access to the Websites; or (ii) Tsubakimoto has a legitimate interest in ensuring the functionality of the Websites and that it is tailored to the user's needs.

Performance/Analytics cookies

These cookies collect (pseudonymous) information about the web pages you visit. For example, which pages our visitors go to most often. These performance cookies don't collect information that identifies you as an individual - (all information they collect is aggregated and pseudonymous). We do not associate usage data collected through these cookies with personal data which you may have provided.

Marketing/advertising cookies

These cookies can after you have selected an opt-in be applied to collect insights, to issue personalized content and advertising on our own and other websites. Advertising cookies track activity across websites in order to understand a viewer's interests and to direct marketing to them. You can choose to opt out of targeting and advertising cookies at any time.

10. International Transfer

The personal data you provide to us will be stored in our centralized customer data base in The Netherlands and shared within the Tsubakimoto Group for the purpose of managing your relationship with Tsubakimoto and its affiliates. Your personal data can be transferred to other members of the Tsubakimoto Group. If such transfer is made to such companies, outside the EEA, located in the countries which have not been deemed by the European Commission to provide an adequate level of data protection, Tsubakimoto will take appropriate safeguards to ensure adequate protection of your data; for instance by concluding data transfer agreements with third country recipients comprising standard contractual clauses which in accordance with the decisions of the European Commission provide adequate safeguards.

Among other things, we use tools of companies domiciled in the United States or other from a data protection perspective non-secure non-EU countries. If these tools are active, your personal data may potentially be transferred to these non-EU countries and may be processed there. We must point out that in these countries, a data protection level that is comparable to that in the EU cannot be guaranteed. For instance, U.S. enterprises are under a mandate to release personal data to the security agencies and you as the data subject do not have any litigation options to defend yourself in court. Hence, it cannot be ruled out that U.S. agencies (e.g., the Secret Service) may process, analyse, and permanently archive your personal data for surveillance purposes. We have no control over these processing activities.

11. Marketing

We may also use web beacons and pixels on our websites and in e-mails. For example, we may place a pixel in a marketing e-mail that notifies us when you click on a link in the e-mail. We use these technologies to operate and improve our websites and marketing e-mails. We can process your personal data or device and usage data, which in some cases may be associated with your personal data, to send you marketing information, product recommendations and other non-transactional communications (e.g., marketing newsletters, telemarketing calls, SMS, or push notifications) about us and our affiliates and partners, including information about our products, promotions, news or events as necessary for our legitimate interest in conducting direct marketing or to the extent you have provided your prior consent. You may manage your receipt of marketing and non-transactional communications from us by clicking on the "unsubscribe" link located on the bottom of marketing e-mails.

12. Conference tool

We use online conference tools, among other things, for communication with our customers. If you communicate with us by video or audio conference using the Internet, your personal data will be collected and processed by the provider of the respective conference tool and by us. The conferencing tools collect all information that you provide/access to use the tools (e-mail address and/or your phone number). Furthermore, the conference tools process the duration of the conference, start and end (time) of participation in the conference, number of participants and other "context information" related to the communication process (metadata).

Furthermore, the provider of the tool processes all the technical data required for the processing of the online communication. This includes, in particular, IP addresses, MAC addresses, device IDs, device type, operating system type and version, client version, camera type, microphone or loudspeaker and the type of connection.

Should content be exchanged, uploaded, or otherwise made available within the tool, it is also stored on the servers of the tool provider. Such content includes, but is not limited to, cloud recordings, chat/ instant messages, voicemail uploaded photos and videos, files, whiteboards, and other information shared while using the service.

Please note that we do not have complete influence on the data processing procedures of the tools used. Our possibilities are largely determined by the corporate policy of the respective provider. Further information on data processing by the conference tools can be found in the data protection declarations of the tools used.

Purpose and legal bases

The conference tools are used to communicate with prospective or existing contractual partners or to offer certain services to our customers. Furthermore, the use of the tools serves to generally simplify and accelerate communication with us or our company (legitimate interest). Insofar as consent has been requested, the tools in question will be used on the basis of this consent; the consent may be revoked at any time with effect from that date.

Duration of storage

Data collected directly by us via the video and conference tools will be deleted from our systems immediately after you request us to delete it, revoke your consent to storage, or the reason for storing the data no longer applies. Stored cookies remain on your end device until you delete them. Mandatory legal retention periods remain unaffected.

Please directly contact the operators of the conference tools for any additional questions or exercising of your rights under the GDPR.

Microsoft Teams

We use Microsoft Teams as a conference tool. The provider is Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA. For details on data processing, please refer to the Microsoft Teams privacy policy: https://privacy.microsoft.com/en-us/privacystatement.

Execution of a contract data processing agreement

We have entered into a contract data processing agreement with the provider of Microsoft Teams.