Privacy Policy

Effective Date: January 9th, 2024

 

This privacy notice supplements the Privacy Policy of Macnica, Inc. and its group of companies (hereinafter referred to as "Company" or "we") and applies to the residents of Germany (hereinafter referred to as "you") to comply with the General Data Protection Regulation ((EU) 2016/679) (hereinafter referred to as the " GDPR") and German data protection legislations. Unless otherwise stated, the terms used herein have the same meaning as those defined in the GDPR. This privacy notice shall prevail over Privacy Policy of Macnica, Inc. and its group of companies ("Main Policy").

If you work for Macnica ATD Europe GmbH or if you are in business contact with Macnica ATD Europe GmbH, the data controller (the “Company”) is Macnica ATD Europe GmbH, Nuernberger Str. 34, 85055 Ingolstadt.

 

1. Compliance with the GDPR and the German Federal Data Protection Act

We process your personal data in compliance with the GDPR and the German Federal Data Protection Act (Bundesdatenschutzgesetz/BDSG) and other applicable data protection and privacy laws.

 

2. Legal bases for processing your personal data

Where any processing of your personal data requires your consent under the GDPR, we will obtain your consent before such processing of your personal data.  You can withdraw consent at any time by contacting us at the contact details provided in the Main Policy but that will not affect the lawfulness of any processing carried out before you withdraw your consent. 

 

We also rely on the following lawful bases when processing your personal data:

(i)        to comply with our legal and regulatory obligations;

(ii)      it is necessary for the performance of our contract with you or to take steps at your request before entering into a contract;

(iii)    where it is necessary to protect the vital interests of you or another person; or

(iv)    where it is necessary for legitimate interests pursued by us or a third party and your interests and fundamental rights do not override those interests.

 

3. Souces of personal data

We obtain your personal data in a number of different ways: (i) public sources; (ii) third parties directly (e.g. your employer); (iii) third parties with your consent (e.g. your bank); (iv) your colleagues or our suppliers; (v) third party references, including previous employers and named referees; (vi) trusted suppliers (e.g. payment providers, marketing agencies); (vii) IT systems, including via our Company platform; (viii) cookies on our website; (ix) government agencies; (xi) insurance companies and (xiii) IT service providers.

 

4. International data transfers

Where we transfer your personal data outside of Germany, we take steps to ensure that your personal data is adequately protected and in compliance with the GDPR.  For further information on our transfers of personal data, please contact us at the contact details provided in the Main Policy.

 

5. Details of personal information to be acquired  (3) Human resouces management

We will not acquire browsing history,search history and behavior information on the Internet or other electronic networks.

 

6. Data retention

We will only keep your personal data for as long as is necessary to fulfil the relevant purposes as set out in the Main Policy.

 

7. Automated decision making

Automated decision making refers to a situation where a decision is taken using personal data that is processed solely by automatic means (i.e. using an algorithm or other computer software) rather than a decision that is made with some form of human involvement. We will not use automated decision making (ADM) technologies which produces legal effects for you or similarly affects you, unless ADM is necessary for ntering into, or performance of, a contract between you and Macnica or is based on your explicit consent. We will not apply ADM to special categories of personal data referred to in Art. 9(1) unless it is permissible under the GDPR.

 

8. Your rights

Under the GDPR, you have the right to make certain requests in relation to the personal data that we hold about you. If you wish to exercise these rights at any time please contact us using the details set out in the Main Policy.

Please note that not all of your data subject rights will be absolute; this means that there may be some circumstances where we may not be able to comply with your request (such as where this would conflict with our obligation to comply with other regulatory and/ or legal requirements). However, if we cannot comply with your request, we will tell you the reason, and we will always respond to any request you make.

 

There may also be circumstances where exercising some of these rights (such as the right to erasure, the right to restrict processing and the right to withdraw consent) will mean we can no longer provide you with our services and it may therefore result in the cancellation of our agreement with you. We will inform you of these consequences when you exercise your right.

 

Your rights under the GDPR are:

(i)        the right to access your personal data: (a) you are entitled to a copy of the personal data we hold about you and certain details of how we use it; and (b) we will usually provide you with your personal data in writing, unless you request otherwise, or where you have made the request using electronic means, in which case the information will, where possible, be provided to you by electronic means;

(ii)      the right to rectification: we take reasonable steps to ensure that your personal data that we hold is accurate and complete, however, you can ask us to amend or update the personal data if you do not believe that this is so or if your details change;

(iii)    the right to erasure: you have the right to ask us to erase your personal data in certain circumstances, for example where you withdraw your consent or where the personal data we obtained is no longer necessary for the original purpose; this right, will, however, need to be balanced against other factors, for example, we may have legal obligations which mean we cannot comply with your request;

(iv)    the right to restrict processing: in certain circumstances, you are entitled to ask us to stop using your personal data, for example where you think that we no longer need to use your personal data or where you think that the personal data we hold about you may be inaccurate;

(v)      the right to data portability: you have the right, under certain circumstances, to ask that we transfer personal data that you have provided to us to another third party of your choice;

(vi)    the right to object to marketing: you can ask us to stop sending you marketing messages at any time. You can exercise this right by either clicking on the "unsubscribe" link which is contained in any email that we send to you or you can use the details set out in the Main Policy to contact us. Please note that exercise of this right does not extend to service related communications which, where necessary, we will continue to send;

(vii)  the right to object to processing: where we process your personal data based on our legitimate business interests, you can object to our processing. We will consider your objection and determine whether or not our legitimate business interests prejudice your privacy rights;

(viii)the right to withdraw consent: we may ask for your consent for certain uses of your personal data. You have the right to withdraw your consent at any time;

(ix)    the right to object to automated decision-making: you have the right, under certain circumstances, not to be subject to a decision when it is based solely on automated processing (including profiling) if the decision produces legal effects or similarly significantly affects you. We do not carry out such automated decision making;

(x)      the right to lodge a complaint with the applicable data protection supervisory authority: we encourage you to contact us (using the details in the Main Policy) if you have any concerns with how we use your personal data and we will do our best to resolve your concerns. However, please note that you have a right to complain to the applicable data protection supervisory authority (depending on your territory) if you believe that any use of your personal data by us is in breach of applicable data protection laws;

(xi)    the right to consult the competent data protection authority or lodge a complaint with such authority.

 

8. Contact details of our Data Protection Officer

We have appointed a Data Protection Officer (DPO) whose contact details are as follows:

Name: Yuki Yamamoto

Address: 1-6-3 Shin-Yokohama, Kohoku-ku, Yokohama, 222-8561 Japan

Email: jyoho@macnica.co.jp

 

9. Contact details of our Germany representatives

We have appointed Germany representatives whose contact details are as follows:

Name: TMI Avocats & Associés

Address: 40 avenue Niel 75017 Paris, France

Email: Macnica_EUrep@tmi.gr.jp