Privacy Policy

Data Protection Notice

The controller within the meaning of the General Data Protection Regulation is:

NIHON KOHDEN UK Ltd.

Trident Court 118

1 Oakcroft Road, Chessington

Surrey KT9 1BD

NIHON KOHDEN UK Ltd. is part of the group of companies under NIHON KOHDEN EUROPE GmbH in Europe (NKE Group), which is one of the world’s leading suppliers of medical equipment.

You are now being redirected to the General Data Protection Notice of the NKE Group which equally applies to our undertaking (the individual controller is referred to hereinafter as NKE). 

General Data Protection Notice of the NIHON KOHDEN Group

The controller within the meaning of the General Data Protection Regulation is:

NIHON KOHDEN EUROPE GmbH

Raiffeisenstraße 10

61191 Rosbach v.d.H.

Germany

Email: info@nke.de

Website: https://eu.nihonkohden.com/

NIHON KOHDEN EUROPE GmbH and its group of undertakings in Europe (NKE Group) is one of the world’s leading suppliers of medical equipment.

NIHON KOHDEN EUROPE GmbH is also the controller of the presentations of other entities from its group integrated in its online presence, such as

  • NIHON KOHDEN DEUTSCHLAND GmbH
  • NIHON KOHDEN FRANCE Sarl
  • NIHON KOHDEN IBERICA S.L.
  • NIHON KOHDEN ITALIA S.r.l.
  • NIHON KOHDEN UK Ltd.
  • NIHON KOHDEN FIRENZE S.r.l.

It is possible for these entities of the NKE Group to refer to this General Data Protection Notice. In this case, the controller remains the undertaking which referred to this notice (the respective controller is referred to hereinafter as NKE). 

The contact details of the data protection officer for all entities of the NKE Group used in this General Data Protection Notice are stated below:

Datenschutzbeauftragter der NKE Unternehmensgruppe

NIHON KOHDEN EUROPE GmbH

Raiffeisenstraße 10

61191 Rosbach v.d.H.

Germany

Email: data_privacy@nke.de

This notice provides general information pertaining to the collection and processing of personal data by NKE in the context of its business activities. Furthermore, this notice contains the terms and conditions of use of the websites of NKE.

In addition to this information, NKE and individual undertakings of the NKE Group may provide additional, supplementary information for special processing purposes, particularly stating details regarding the individual processing; the purposes of processing; the categories of the personal data affected; the recipients or categories of recipients of these personal data; the legal basis for processing; and the storage period.

Content

Part 1: Processing of personal data at NKE. 4

Part 2: Specific processing situations. 7

I. Provision of NKE websites and use of cookies. 7

II. Registration. 8

III. NKE apps. 9

IV. Processing on behalf of third parties. 10

V. Business Partner Due Diligence. 10

 

Part 1:Processing of personal data at NKE

Within the framework of NKE’s business activities (marketing, sales, consultation, delivery, maintenance and repair of medical equipment by NIHON KOHDEN CORPORATION, Tokyo, Japan) - beyond the collection of data through the use of websites and cookies, the subscription to newsletters, registrations and as part of NKE apps (see Part 2 of the General Data Protection Notice) - personal data are collected from business partners, contact persons of business partners and further interested parties (including applicants) especially through email contacts, by mail, facsimile and conversations held via the telephone and in person. Hereby, the personal data of business partners, such as sales and services partners of NKE, may also be transferred.

The respective information laid down in Part 2 of this General Data Protection Notice applies additionally to specific processing situations.

1.Data

The following categories of personal data may be collected and received:

  • surname, first name;
  • employer or client, name of company;
  • contact details: address, email address, telephone, telefax;
  • interest in specific NKE products and services (selection);
  • orders, processing of orders;
  • financial information, especially account details;
  • free text segments (text, comments).

NKE does not process special categories of personal data; please be sure not to share sensitive information with NKE. Also, the offer by NKE is reserved for data subjects aged 18 and above.

2.Recipients of personal data

NKE uses processors for the processing of your personal data. These processors may be undertakings of the NKE Group, but also business partners within the European Economic Area. Personal data may also be transferred to companies of the group of companies lead by NIHON KOHDEN CORPORATION in Tokyo (Japan) in Japan and USA. For both Japan and USA, there is no adequacy decision by the European Commission in the meaning of Article 45(1) of the EU’s General Data Protection Regulation (GDPR). However, NKE has concluded standard contractual clauses (EU) for the transfer of personal data from within the Union into third countries in accordance with the version under Article 1 of the decision of the European Commission (EU) 2016/2297 pursuant to Article 46(2) lit. b GDPR with the recipients of the personal data in Japan and USA. For more information, please send an email to info@nke.de.

3.Purpose of processing

NKE processes the personal data collected or transferred to NKE to process its business activities, especially to establish and fulfil transactions and for business communication purposes, including direct marketing.

4.Legal basis / legitimate interests

Insofar as we were given the consent to process personal data, Article 6(1) lit. a GDPR constitutes the legal basis for this. To process personal data relating to the initiation or fulfilment of a contract with a data subject affected, Article 6(1) lit. b GDPR constitutes the legal basis for this. Insofar as processing is required for NKE to comply with its legal obligations (such as record-keeping obligations), Article 6(1) lit. c GDPR constitutes the legal basis. Moreover, personal data are processed to exercise the legitimate interests of NKE and of third parties pursuant to Article 6(1) lit. f GDPR. Legitimate interests exist in relation to the functionality of the IT system of NKE, the marketing of products and services of NKE, and the documentation of business contacts as required by law.

5.Consent and withdrawal of consent

You may withdraw your consent for the collection and use of personal data any time without this affecting the lawfulness of any processing carried out by virtue of the consent extended prior to such withdrawal, or by virtue of alternative grounds according to which the permission was extended. Please address your withdrawal of consent to: info@nke.de.

6.Legitimate Interest and Objection

You may object to the processing of your personal data based on NKE’s legitimate interests. Unless your objection is directed solely against direct marketing by NKE, you have to justify that you are in a special situation, which makes the processing of your personal data based on legitimate interests unacceptable for them. The objection shall not affect the lawfulness of processing based on other legal grounds as there may be. Please address your objection to: info@nke.de.

7.Storage period

The personal data of the data subjects affected will be erased or frozen as soon as the purpose of processing or of storage no longer applies. The personal data will only be stored beyond this period as long as and as far as this is provided for by European or national legislators in Union regulations, laws or other requirements which NKE must comply with.

8.Automated individual decision-making, including profiling

You will not to be subject to a decision based solely on automated processing, including profiling.

9.EU data protection rights

You may request information about your personal data processed by NKE, may rectify any incorrect or incomplete information and may ask for its erasure. If applicable, you have the right to demand the restriction of processing. Moreover, you have the right to lodge a complaint with a supervisory authority within the European Union.Please address your requests and concerns to: info@nke.de.

Part 2: Specific processing situations

I.Provision of NKE websites and use of cookies

Every time a user accesses an NKE website and retrieves a file from our website, NKE’s IT systems collect automated data and information of the prompting medium and stores these in a log file on the individual server of NKE. NKE websites use cookies. Cookies are files which are saved on the respective medium used by the user. When accessing one of NKE’s websites, a cookie may be saved on the user’s medium. Cookies allow NKE to unequivocally identify the medium each time the website is prompted again.

1.Purpose of processing

The personal data saved in log files are analysed for statistical purposes only. NKE uses cookies to create a user-friendly experience on its website and to be able to provide the chosen content again after the user has switched websites. Moreover, NKE uses cookies which allow an analysis of the user behaviour on their websites. The data from the log files and the cookies are not stored together with other personal data of the users.

2.Data

The following data only are collected by virtue of NKE providing websites and by virtue of the use of cookies:

  • information about the type and version of the browser used and the user’s operating system;
  • the user’s Internet service provider;
  • the user’s IP address;
  • websites from where the user’s system accesses the NKE website (link to original website);
  • websites which are prompted by the user’s system via NKE websites (links to following website);
  • use of website functionalities, search terms entered and frequency of page views;
  • date and time of access;
  • name of files viewed;
  • data volume transferred;
  • access status (file transferred, file not found, etc.).

3.Recipients of personal data

NKE uses Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 in USA to process personal data in the context of making its websites available and also for web analysis and conversion tracking. For this, personal data may be transferred to servers in the USA and processed. For the USA, there is no adequacy decision by the European Commission in the meaning of Article 45(1) GDPR. However, Google Inc. is EU/U.S. Privacy Shield-certified so that a data transfer is permitted in accordance with Article 46(2) lit. f) GDPR (implementing decision (EU) 2016/1250 of the European Commission of 12 July 2016). You may opt-out from Google collecting and transferring further personal data. Google Inc. provides the following information in this regard: https://tools.google.com/dlpage/gaoptout?hl=de. For more information, please send an email to info@nke.de.

4.Legal basis / legitimate interests

Article 6(1) lit. f GDPR constitutes the legal basis for the temporary storage of personal data. The temporary storage of personal data by the system is required in order to allow the display of the website and the transfer of prompted files to the user’s computer. The purpose of cookies is to simplify the website experience for the user; certain functionalities of our website cannot be made available unless the use of cookies is permitted.

5.Storage period of log files

Personal data used to display a website are erased at the end of the individual session. Log files are erased after 35 days the latest.

6.Cookies opt-out / delete cookies

The settings of your Internet browser or of the Flash Player allow you to either deactivate or restrict the transfer of cookies. The user may delete cookies that have already been saved any time. If cookies are deactivated, it is possible that you will be denied access to the full functionality of the NKE website.

7.Linking to other websites

NKE’s online offer includes hyperlinks to other websites (such as social media plug-ins). NKE does not control the contents of third-party websites. NKE will not accept liability for external content that can be accessed through links and does not endorse said content. The individual provider or operator of hyperlinked pages is always responsible for the contents of said websites. Upon becoming aware of legal infringements, NKE shall immediately remove such hyperlinks. Please inform us by sending an email to info@nke.de.

II.Registration

NKE offers the possibility of registering with its website by providing personal data.

1.Purpose of processing

NKE uses your registration as the basis for any electronic business communication with you and to transfer information about its medical products and its Group (Corporate News) and sales and service partners (Sales and Service Information).

2.Data

The following access information and personal data are collected from the input screen during registration:

  • surname, first name;
  • employer or client, name of company;
  • contact details: address, email address, telephone, telefax;
  • interest in specific NKE products and services (selection);
  • IP address of the host computer;
  • date and time of registration.

3.Legal basis / legitimate interests

By registering, you agree to the above processing of your personal data which you entered via the input screen. Article 6(1) lit. a GDPR constitutes the legal basis for processing within the framework of a given consent. You may withdraw your consent for the processing of your personal data for business communication purposes and/or the forwarding of newsletters any time. To delist, use the respective link at the end of each newsletter. Additionally, you may withdraw your previously issued consent by email sent to info@nke.de. When delisting, you may determine if you wish to withdraw your consent given for the continuation of business communication purposes or for the subscription to the newsletter. Your withdrawal of the consent does not affect the lawfulness of any processing carried out by virtue of a consent that was issued prior to the receipt of said withdrawal. Without valid consent, you may not partake in electronic business communications or receive newsletters. Even after having received the withdrawal of consent, NKE may process personal data in order to comply with legal record-keeping obligations in accordance with Article 6(1) lit. c GDPR and to meet legitimate interests of NKE and third parties pursuant to Article 6(1) lit. f GDPR. Legitimate interests exist in relation to the functionality of the IT systems of NKE, the marketing of products and services of NKE, and the documentation of business contacts as required by law.

4.Storage period

Your personal data will be erased immediately after receiving the withdrawal of your consent or delisting from the newsletter, otherwise as soon as the purpose of processing or storing no longer applies. Your personal data will only be stored beyond this period as long as and as far as this is provided for by European or national legislators in Union regulations, laws or other requirements which NKE must comply with.

III.NKE apps

NKE designs apps for the diagnosis and control of NKE products. NKE products can be monitored and operated using devices that run on iPhone, Android and Windows operating systems. Hereby, machine data (location, parameters, etc.) can be combined with personal data (telephone number, IMEI number, email addresses, identifiers, etc.).

1.Data

The following categories of data may be processed:

  • surname, first name;
  • employer or client, name of company;
  • contact details: address, email address, telephone, telefax, social media contact;
  • technical information pertaining to the smartphone, the tablet or any other technical device used which is transferred when using the app (e.g. IP address or Android IP, GPS data, etc.);
  • NKE products and recorded parameters.

2.Purpose of processing

NKE processes the personal data collected or transferred to NKE for the purpose of diagnosing and controlling, but also advancing its products.

3.Recipients of personal data

The transfer of personal data via the respective device that is used depends on the type of operating system used, the telecommunications provider and additional data communication providers (e.g. WLAN operator). Please heed the privacy notice of these undertakings.

4.Legal basis / legitimate interests

Insofar as a consent was issued to us for processing personal data, Article 6(1) lit. a of the EU General Data Protection Regulation (GDPR) constitutes the legal basis for this. To process personal data relating to the initiation or the fulfilment of a contract with a data subject affected, Article 6(1) lit. b GDPR constitutes the legal basis. Insofar as processing is required for NKE to comply with its legal obligations (such as warranty obligations), Article 6(1) lit. c GDPR constitutes the legal basis. Moreover, personal data are processed to exercise the legitimate interests of NKE and of third parties pursuant to Article 6(1) lit. f GDPR. Legitimate interests exist in relation to the performance of warranty and repair services as well as product developments and marketing for the products and services of NKE, and the documentation of business contacts as required by law.

5.Storage period

The personal data of the data subjects affected will be erased or frozen as soon as the purpose of processing or of storage no longer applies. The personal data will only be stored beyond this period as long as and as far as this was provided for by European or national legislators in Union regulations, laws or other requirements which NKE must comply with.

IV.Processing on behalf of third parties

NKE performs maintenance and repair services for Nihon Kohden products on behalf of the business partners of the NKE Group. In relation to the processing of data which are controlled by those business partners, NKE refers to their respective privacy policies.

V.Business Partner Due Diligence

NKE Group values its reputation as an ethical company with high standards of integrity and high regard for complying with German anti­bribery laws (Sec. 299 et seqq. and 331 et seqq. German Criminal Law Book), the Japanese Unfair Competition Act, the U.S. Foreign Corrupt Practices Act, the UK Bribery Act and other applicable laws very seriously. To comply with its obligations under these laws, NKE requires its prospective agents, consultants, advisors, representatives, distributors, and other third party sales partners as well as suppliers and consortium partners - including your company - (“Prospective Partners”) now or at any point in the future, to provide certain information for NKE’s review prior to entering into any agreement with a Prospective Partner (“Business Partner Due Diligence” or “BPDD”). This section of the data protection notice applies because you as a sole proprietorship, self-employed individual or member of a partnership or your company is under consideration for a business relationship with NKE. In this BPDD process, NKE may ask for data, which qualifies as personal data in accordance with the GDPR.

1.Purpose of processing

Personal Data of key personnel of the Prospective Partner (including but not limited to a sole proprietor, partners of a partnership, management and major shareholders of a company), whether obtained from you or any other source, in this form and the application process will be used by NKE for determining the suitability of the business relationship with the Prospective Partner and to help NKE achieving compliance with anti­corruption laws of Germany, Japan, the U.S., the UK and other jurisdictions.

2.Data and information about further sourcing

NKE will obtain further information about the Prospective Partner and its key personnel from the references and other parties identified in the application by the Prospective Partner as well as a variety of sources to obtain business integrity information including publicly available resources and will use such information for the purposes described above. NKE may process the following categories of data: name and contact details of Prospective Partners and their key personnel (function/position, telephone, fax, mail, email, etc.), reputational, reference and public register information.

3.Legal basis / legitimate interest

If provided, the processing may be based on consent. The processing is also lawful for the purposes of compliance with legal obligations to which NKE is subject and of NKE’s legitimate interests to protect itself against corruption (Sec. 299 et seqq. and 331 et seqq. German Criminal Law Book), fraud and other crimes as well as to defend its legal positions (Art. 6 Para. 1 Sentence 1 lit. a), c) and f) GDPR - for sole proprietors and partnerships also Art. 6 Para. 1 Sentence 1 lit. b) GDPR). The legitimate interest is especially based on NKE’s requirement to comply with the Japanese Unfair Competition Act, the U.S. Foreign Corrupt Practices Act, the UK Bribery Act and other applicable laws. Subject to local laws and regulations, personal data may include a limited amount of special categories or sensitive personal data including, for example, information about the past business conduct of the Prospective Partner and its key personnel.

4.Recipients of data

NKE may, if deemed appropriate for the above stated purposes, transmit or share personal data with relevant employees of the Compliance as well as Legal functions within NKE Group's worldwide organization, third party suppliers assisting NKE in its third party due diligence, external legal counsel and/or regulatory or other authorities in the U.S. or other countries outside your country of residence/business, whose laws protecting personal information may not be equivalent to those in your own country. In all such cases, NKE has agreed to implement appropriate safeguards in accordance with applicable data privacy laws and NKE’s policies to protect personal data from unauthorized disclosure and use.

5.Storage period

Any personal data will be retained securely and only for as long as required to consider the Prospective Partner’s suitability as business partner of NKE or until the end of any applicable statutory period of limitation, which period lasts longer in each case.

6.Information of individuals concerned

Please notify any individuals concerned about this data protection information by providing them a copy or a link to this information.

Version 2.0 – Nov. 2018