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Privacy Policy

PRIVACY NOTICE
Last Updated 3 May 2019

We respect the privacy of every person who visits or registers with KIOXIA Europe GmbH’s websites www.toshiba-memory.com and www.kioxia.com (the “Site”) and we are further committed to ensuring a safe online experience. We also respect the privacy of our suppliers and service providers and of every person who uses the products and services that we make available from the Site or who engages with us to use the products or services that KIOXIA Europe GmbH (“KIE”) provides (be it through the site or not) (our “Services”) or whose personal information we may process as a result of providing the Services to others or who applies to work at KIE.

To Russian citizens:

We respect the privacy and security of your personal data wherever we provide our services and products via the Site. Therefore, through technical and organizational measures, we have ensured that personal data of Russian citizens will not be stored, used and forwarded outside of the Russian territory. As a consequence, we are regrettably not able to offer all of the Site services (such as newsletters, for example) to Russian citizens.

  1. PURPOSE OF THIS POLICY
  2. WHO ARE WE AND WHAT DO WE DO?
  3. HOW TO CONTACT US?
  4. WHAT PERSONAL INFORMATION DO WE COLLECT AND HOW DO WE USE IT?
  5. HOW DO WE OBTAIN YOUR CONSENT?
  6. COOKIES AND SOCIAL MEDIA
  7. THIRD PARTY CONTRACTORS AND OTHER CONTROLLERS
  8. EXTRA-EEA TRANSFERS
  9. HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION FOR?
  10. CONFIDENTIALITY AND SECURITY OF YOUR PERSONAL INFORMATION
  11. HOW TO ACCESS YOUR INFORMATION AND YOUR OTHER RIGHTS?
  12. COLLECTION OF INFORMATION BY THIRD-PARTY SITES AND SPONSORS
  13. CHANGES TO THIS PRIVACY NOTICE

1 PURPOSE OF THIS POLICY 

This privacy notice (“Privacy Notice”) explains our approach to any personal information that we might collect from you or which we have obtained about you from a third party and the purposes for which we process your personal information. This Privacy Notice also sets out your rights in respect of our processing of your personal information. For more information click here.

This Privacy Notice will inform you of the nature of the personal information about you that is processed by us and how you can request that we delete, update, transfer and/or provide you with access to it.

This Privacy Notice is intended to assist you in making informed decisions when using the Site and our Services and/or to understand how your personal information may be processed by us as a result of providing the Services to others or when you apply to work at KIE. Please take a moment to read and understand it. Please note that when using the Site it should be read in conjunction with our Website Terms and Conditions.

Please also note that this Privacy Notice only applies to the use of your personal information obtained by us, it does not apply to your personal information collected during your communications with third parties.

2 WHO ARE WE AND WHAT DO WE DO?

The Site and our Services are operated by KIE, (“we”, “us” or “our”). For more information click here.

KIOXIA Europe GmbH is the data controller responsible for your personal information processed via the Site.

KIOXIA Europe GmbH is a German company with registered company number HRB81002 and whose registered office is at Hansaallee 181, 40549 Düsseldorf, Germany.

3 HOW TO CONTACT US?

If you have any questions about this Privacy Notice or want to exercise your rights set out in this Privacy Notice, please contact our Data Protection Officer at:

KIOXIA Europe GmbH

Data Protection Officer
Mr. Sascha Kuhn
KIE-privacy@kioxia.com

4 WHAT PERSONAL INFORMATION DO WE COLLECT AND HOW DO WE USE IT?

Our primary goal in collecting personal information from you may be to: (I) verify your identity; (II) help us deliver our Services; (III) improve, develop and market new Services; (IV) carry out requests made by you on the Site or in relation to our Services; (V) investigate or settle inquiries or disputes; (VI) comply with any applicable law, court order, other judicial process, or the requirements of a regulator; (VII) enforce our agreements with you; (VIII) protect the rights, property or safety of us or third parties, including our other customers or subscribers and users of the Site or our Services; (IX) provide support for the provision of our Services; (X) recruitment purposes; (XI) to receive services and products from our customers, contractors, suppliers and service providers and (XII) use as otherwise required or permitted by law.

To undertake these goals we may process the following personal information:

If you are a visitor to the Site:

  • Name and job title.
  • Contact information including email address.
  • Demographic information such as postcode, preferences and interests.
  • Other information relevant to provision of Services.

If you are a customer or subscriber in receipt of our Services or prospective customer or subscriber:

  • Name and job title.
  • Contact information including email address.
  • Payment information.
  • Other information relevant to provision of Services.
  • Information that you provide to us as part of our providing the Services to you which depends on the nature of your agreement with KIE.
  • Relevant information as required by regulatory Know Your Client and or Anti Money Laundering regulations. This may possibly include evidence of source of funds, at the outset of and possibly from time to time throughout our relationship with clients, which we may request and/or obtain from third party sources. The sources for such verification may comprise documentation which we request from the prospective client or through the use of online sources or both.

Primarily KIE is engaged by corporate customers (i.e. other corporate entities) and as such those customers are not data subjects. However as part of such instructions personal information about other persons may be provided to us (e.g. personal information relating, without limitation, to any of our corporate clients’ or prospective clients’ workers or subscribers.)

If you are an individual whose personal information may be processed by us as a result of providing the Services to others (including individual clients and corporate clients) we will process a variety of different personal information depending on the Services provided in question.

The following is a non-exhaustive list which is reflective of the varied nature of the personal information processed as part of our business.

For instance, if we are providing technical support to a corporate customer for the benefit of a subscriber we may be provided with, and then process, personal information about that subscriber including but not limited to the subscriber’s name and contact details.

We might also need to process personal information in relation to corporate customers’ workers who use a KIOXIA product in the course of their work for our corporate customer.

If you are a customer, contractor, supplier or other service provider providing services or selling products to KIE:

  • Name and job title.
  • Contact information including email address.
  • Payment information.
  • Other information relevant to your provision of the services or goods to KIE.
  • Information that you provide to us as part of you providing the services or goods to us which depends on the nature of your agreement with KIE.

If you are a potential recruit to a KIE office:

  • Name and job title.
  • Contact information including email address.
  • Curriculum vitae, your education, employment history and similar matters and similar information that you may provide to us.
  • Other information relevant to potential recruitment to KIE.

In particular, we may use your personal information for the following purposes:

  • Fulfilment of Services. For more information click here.

We collect and maintain personal information that you voluntarily submit to us during your use of the Site and/or our Services to enable us to perform the Services.

Who do we share your personal information with for this purpose?

We may share personal information with a variety of the following categories of third parties as necessary when providing the Services: Other group companies within or outside the EU,

  • Other group companies within or outside the EU, in particular
      • KIOXIA Holdings Corporation, Japan
      • KIOXIA Corporation, Japan
      • KIOXIA Systems Co., Ltd., Japan
      • KIOXIA Advanced Package Corporation, Japan
      • KIOXIA Etoile Corporation, Japan
      • KIOXIA Iwate Corporation, Japan
      • KIOXIA America, Inc., USA
      • KIOXIA Asia, Limited, Hong Kong
      • KIOXIA Singapore Pte. Ltd., Singapore
      • KIOXIA Taiwan Corporation, Taiwan
      • KIOXIA Semiconductor Taiwan Corporation, Taiwan
      • KIOXIA Korea Corporation, South Korea
      • KIOXIA (Shanghai) Co., Ltd., China
      • KIOXIA Israel Ltd., Israel
      • KIOXIA Technology UK Ltd., United Kingdom
  • Other external service providers which may be based within or outside the EU;
      • For invoicing services we use the EASY SOFTWARE AG, Am Hauptbahnhof 4, 45468 Mülheim an der Ruhr, Germany
      • For postal services we use United Parcel Service, Inc., 55 Glenlake Parkway, Sandy Springs, Georgia, U.S.
      • For the destruction of documents we use documentus Köln GmbH, Wankelstraße 14-16, 50996 Köln, Germany
      • For the main book keeping we use the services of Toshiba of Europe Limited, Hammfelddamm 8, 41460 Neuss, Germany
  • Other customers, suppliers, contractors and users of our Services

Please note this list is non-exhaustive and there may be other examples where we need to share with other parties in order to provide the Services as effectively as we can.

What is our legal basis?

It is necessary for us to use your personal information to perform our obligations in accordance with any contract that we may have with you or it is in our legitimate interest or a third party’s legitimate interest to use personal information in such a way to ensure that we provide the Services in the best way that we can.

Receiving goods or services from KIE’s customers, contractors, suppliers and service providers. For more information click here.

We collect and maintain personal information that you voluntarily submit to us when providing services or goods to us.

Who do we share your personal information with for this purpose?

We may share personal information with a variety of the following categories of third parties as necessary when providing the Services:

  • Other group companies within or outside the EU, in particular
    • KIOXIA Holdings Corporation, Japan
    • KIOXIA Corporation, Japan
    • KIOXIA Systems Co., Ltd., Japan
    • KIOXIA Advanced Package Corporation, Japan
    • KIOXIA Etoile Corporation, Japan
    • KIOXIA Iwate Corporation, Japan
    • KIOXIA America, Inc., USA
    • KIOXIA Asia, Limited, Hong Kong
    • KIOXIA Singapore Pte. Ltd., Singapore
    • KIOXIA Taiwan Corporation, Taiwan
    • KIOXIA Semiconductor Taiwan Corporation, Taiwan
    • KIOXIA Korea Corporation, South Korea
    • KIOXIA (Shanghai) Co., Ltd., China
    • KIOXIA Israel Ltd., Israel
    • KIOXIA Technology UK Ltd., United Kingdom
  • Other external service providers which may be based within or outside the EU;
    • For invoicing services we use the EASY SOFTWARE AG, Am Hauptbahnhof 4, 45468 Mülheim an der Ruhr, Germany
    • For postal services we use United Parcel Service, Inc., 55 Glenlake Parkway, Sandy Springs, Georgia, U.S.
    • For the destruction of documents we use documentus Köln GmbH, Wankelstraße 14-16, 50996 Köln, Germany
    • For the main book keeping we use the services of Toshiba of Europe Limited, Hammfelddamm 8, 41460 Neuss, Germany

What is our legal basis?

It is necessary for us to use your personal information to perform our obligations in accordance with any contract that we may have with you or it is in our legitimate interest.

  • Warranty – Repair and Failure analysis services & data processing. For more information click here.

We collect and maintain personal information that you provide to us when claiming a guarantee or potential statutory warranty claims by using our Site.

Who do we share your personal information with for this purpose?

We would like to inform you about the following if you forward any memory products to us in order to have them exchanged, repaired and/or subjected to failure analysis:

The following service provider will accept memory products in order to have them exchanged, repaired and/or subjected to failure analysis:

  • StorRepair GmbH, Businesspark Untermain, Nordring 53-55, 63843 Niedernberg, Germany
  • SYKES Enterprises Support Services B.V. & Co. KG, Roffhausener Landstraße 18D, 26419 Schortens, Germany.

Repairs and failure analysis of memory products sent to us under a warranty or guarantee will be done by experts of:

  • KIOXIA Corporation, 1-21, Shibaura 3-Chome, Minato-ku, Tokyo 108-0023, Japan
  • Toshiba Information Equipment Philippines, Inc., 103 East Main Avenue Extension, Special Export Processing Zone, Laguna Technopark, Binan City, Laguna, Philippines

In order to repair or analyse we will send the memory product provided to us to the aforementioned companies.

If a memory product is not send to the aforementioned companies for repair or failure analysis, it will be destroyed by StorRepair GmbH.

We cannot exclude that we respectively the aforementioned companies may have access to data, like for example personal data, stored in the memory products when conducting repair or failure analysis services of the memory product. Personal data can also mean sensitive personal data in accordance with Article 9 para 1 GDPR, like for example data concerning race and ethnical heritage, political opinion, religious or ideological convictions, sexual orientation and health data.

In order to process sensitive personal data we need the express consent of the persons concerned.

What is our legal basis?

It is necessary that we process your personal data in order to fulfil our contractual obligations towards you, or it is in our legitimate interest or a third party’s legitimate interest to use your personal information in order to render the repair or failure analysis services in the best way possible. As it cannot be excluded that your memory product contains sensitive personal data in accordance with Art. 9 para 1 GDPR we need your express consent in order to conduct repair or failure analysis services.

Should there be personal data of third parties on your memory product you have to ensure that the transfer of this data to us and the processing of this data by us or by one of the aforementioned companies for the purposes of repair or failure analysis services is allowed (e.g. by having a respective consent of the person concerned where sensitive data of such person is concerned) or to delete such data before sending the memory product to us.

Our Site uses various user interfaces to allow you to request information about our Services: these include electronic enquiry forms. Contact information may be requested in each case, together with details of other personal information that is relevant to your Service enquiry. This information is used in order to enable us to respond to your requests.

Who do we share your personal information with for this purpose?

We may share personal information with a variety of the following categories of third parties as necessary when providing the Services:

  • Other group companies within or outside the EU, in particular
      • KIOXIA Holdings Corporation, Japan
      • KIOXIA Corporation, Japan
      • KIOXIA Systems Co., Ltd., Japan
      • KIOXIA Advanced Package Corporation, Japan
      • KIOXIA Etoile Corporation, Japan
      • KIOXIA Iwate Corporation, Japan
      • KIOXIA America, Inc., USA
      • KIOXIA Asia, Limited, Hong Kong
      • KIOXIA Singapore Pte. Ltd., Singapore
      • KIOXIA Taiwan Corporation, Taiwan
      • KIOXIA Semiconductor Taiwan Corporation, Taiwan
      • KIOXIA Korea Corporation, South Korea
      • KIOXIA (Shanghai) Co., Ltd., China
      • KIOXIA Israel Ltd., Israel
      • KIOXIA Technology UK Ltd., United Kingdom

  • Other external service providers which may be based within or outside the EU;

    • For the destruction of documents we use documentus Köln GmbH, Wankelstraße 14-16, 50996 Köln, German
    • For the main book keeping we use the services of Toshiba of Europe Limited, Hammfelddamm 8, 41460 Neuss, Germany
  • Other customers and users of our Services

Please note this list is non-exhaustive and there may be other examples where we need to share with other parties in order to provide the Services as effectively as we can.

What is our legal basis?

It is necessary that we process your personal data in order to fulfil our contractual obligations towards you or it is in our legitimate interest or a third party’s legitimate interest to use your personal information in such a way to ensure that we provide the very best client service we can to you or others.

  • Your feedback about our Services. For more information click here.

From time to time we will contact you to invite you to provide feedback about our Services in the form of online or postal. We use this information to help us improve the quality of service provided by our staff. We also use your feedback to monitor the quality of our Services.

Who do we share your personal information with for these purposes?

We may use a third party service provider to assist us with client surveys and feedback requests.

  • We may also share your personal data with other group companies within and outside the EU, in particular
    • KIOXIA Holdings Corporation, Japan
    • KIOXIA Corporation, Japan
    • KIOXIA Systems Co., Ltd., Japan
    • KIOXIA Advanced Package Corporation, Japan
    • KIOXIA Etoile Corporation, Japan
    • KIOXIA Iwate Corporation, Japan
    • KIOXIA America, Inc., USA
    • KIOXIA Asia, Limited, Hong Kong
    • KIOXIA Singapore Pte. Ltd., Singapore
    • KIOXIA Taiwan Corporation, Taiwan
    • KIOXIA Semiconductor Taiwan Corporation, Taiwan
    • KIOXIA Korea Corporation, South Korea
    • KIOXIA (Shanghai) Co., Ltd., China
    • KIOXIA Israel Ltd., Israel
    • KIOXIA Technology UK Ltd., United Kingdom

What is our legal basis?

It is in our legitimate business interests to use the information you provide to us in your feedback for the purposes described above.

  • Business administration and legal compliance. For more information click here.

We use your personal information for the following business administration and legal compliance purposes:

  • to comply with our legal obligations (including Know Your Client, Anti-Money Laundering or Anti- Bribery or similar obligations including but without limitation maintaining regulatory insurance);
  • to enforce our legal rights;
  • protect rights of third parties; and
  • in connection with a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets.

Who do we share your personal information with for these purposes?

  • We will share your personal information with professional advisers such as lawyers and accountants and/or governmental or regulatory authorities.
  • We may also share your personal information with other group companies within or outside the EU, in particular
    • KIOXIA Holdings Corporation, Japan
    • KIOXIA Corporation, Japan
    • KIOXIA Systems Co., Ltd., Japan
    • KIOXIA Advanced Package Corporation, Japan
    • KIOXIA Etoile Corporation, Japan
    • KIOXIA Iwate Corporation, Japan
    • KIOXIA America, Inc., USA
    • KIOXIA Asia, Limited, Hong Kong
    • KIOXIA Singapore Pte. Ltd., Singapore
    • KIOXIA Taiwan Corporation, Taiwan
    • KIOXIA Semiconductor Taiwan Corporation, Taiwan
    • KIOXIA Korea Corporation, South Korea
    • KIOXIA (Shanghai) Co., Ltd., China
    • KIOXIA Israel Ltd., Israel
    • KIOXIA Technology UK Ltd., United Kingdom
  • Other external service providers which may be based within or outside the EU;
      • For the destruction of documents we use documentus Köln GmbH, Wankelstraße 14-16, 50996 Köln, Germany
      • For the main book keeping we use the services of Toshiba of Europe Limited, Hammfelddamm 8, 41460 Neuss, Germany

What is our legal basis?

  • Where we use your personal information in connection with a business transition, to enforce our legal rights, or to protect the rights of third parties it is in our or a third party’s legitimate interest to do so. In case your interests, which require the protection of personal data, override our legitimate interest we will only process your personal data if you have provided your consent. For all other purposes described in this section, it is our legal obligation to use your personal information to comply with any legal obligations imposed upon us.

We use your personal information for the following recruitment purposes: To assess your suitability for any position for which you may apply at KIE whether such application has been received by us online, via email or by hard copy or in person application.

Who do we share your personal information with for these purposes?

We will not share your personal information as part of the recruitment process.

What is our legal basis?

Where we use your personal information in connection with recruitment it will be in connection with us taking steps at your request to enter into a contract with you as legal basis for the processing of your personal data or it is in our legitimate interest to use personal information in such a way to ensure that we can make the best recruitment decisions for KIE. We will not process any special data except where we are able to do so under applicable legislation or with your explicit consent.

  • Client insight and analysis. For more information click here.

We analyse your contact details with other personal information that we observe about you from your interactions with our Site, our email communications to you and/or with our Services such as the Services you have viewed if you have provided your consent insofar.

Where you have given your consent (where lawfully required), we use cookies, log files and other technologies to collect personal information from the computer hardware and software you use to access the Site, or from your mobile. This includes the following:

  • an IP address to monitor Site traffic and volume;
  • a session ID to track usage statistics on our Site;
  • information regarding your personal or professional interests, demographics, buying habits, experiences with our products and contact preferences.

Our web pages and e-mails contain “cookies”, “web beacons” or “pixel tags” (“Tags”). Tags allow us to track receipt of an e-mail to you, to count users that have visited a web page or opened an e-mail and collect other types of aggregate information. Once you click on an e-mail that contains a Tag, your contact information may subsequently be cross-referenced to the source e-mail and the relevant Tag.

In some of our e-mail messages, we use a “click-through URL” linked to certain website administered by us or on our behalf.

Further details concerning the use of cookies you may find under the heading „Cookies and Social Media“

By using this information, we are able to measure the effectiveness of our content and how visitors use our Site and our Services. This allows us to learn what pages of our Site are most attractive to our visitors, which parts of our Site are the most interesting and what kind of offers our registered users like to see.

Under certain circumstances we may also use this information for marketing purposes (see the marketing section below for further details).

Marketing.

We may carry out the following marketing activities using your personal information if permitted by law:

  • Online personalised advertising. For more information click here.

We use information that we observe about you from your interactions with our Site and/or our email communications to you to provide you with personalised online advertising. Further details can be found under the heading „Cookies and Social Media“

What is our legal basis?

It is in our legitimate interest to use your personal information for marketing purposes. In case your interests, which require the protection of personal data, override our legitimate interest we will only process your personal data if you have provided your consent.

  • Social Media Remarketing. For more information click here.

We use information that we observe about you from your interactions with our Site, our e-mail communications to you and/or with Services (see the Client Insight and Analysis section above for more details of the information collected and how it is collected) to provide you with personalised advertising on social media channels operated by Facebook, LinkedIn, Youtube and/or Google where you are a registered user of such services. We may do this by using Facebook Client Audiences and Google Client Match respectively. Please note that such activity is also subject to the privacy choices you have elected to make on such services.

Who do we share your personal information with for these purposes?

We share your e-mail address with third party service providers who assist us with social media remarketing campaigns. Your encrypted e-mail address may also be shared by us or our third party service providers with YouTube, LinkedIn, Facebook and/or Google.

What is our legal basis?

It is in our legitimate interest to use your personal information for marketing purposes. We will only engage in social media remarketing where you have consented to us using your personal information, in particular your e-mail address and/or sharing your e-mail address in an encrypted format with LinkedIn, YouTube, Facebook and/or Google respectively for marketing purposes.

  • Social Media Insights. For more information click here.

Where you are a registered user of LinkedIn, YouTube, Facebook, or of a Google service, we may use your e-mail address in an encrypted format to enable LinkedIn, YouTube, Facebook and Google to find other registered users of their services that share similar interests to you in order to follow the interactions of these users and fans to assess their development. This will be based on:

  • information that we observe about you from your interactions with our Site, our e-mail communications to you and/or Services (see the Client Insight and Analysis section above for more details of the information collected and how it is collected); and
  • the information LinkedIn, YouTube, Facebook and/or Google hold about you.

We may do this by using e.g. Facebook ad manager, YouTube True View Advertising, LinkedIn Matched Audiences, Facebook Lookalike Audiences and/or Google Similar Audience respectively.

Please note that such activity is subject to the privacy choices you have elected to make on such services.

Who do we share your personal information with for these purposes?

We share your e-mail address with third party service providers who assist us with social media remarketing campaigns.

Your encrypted e-mail address may also be shared by us or our third party marketing consultancies with LinkedIn, YouTube, Facebook and/or Google under the terms of their services respectively.

Further details can be found under the heading Cookies and Social Media.

What is our legal basis?

It is in our legitimate interest to use your personal information for marketing purposes. In case your interests, which require the protection of personal data, override our legitimate interest we will only process your personal data if you have provided your consent.

 

Other Purposes

Any other purposes for which we wish to use your personal information that are not listed above, or any other changes we propose to make to the existing purposes will be notified to you using your contact details before using your personal information thus.

5 HOW DO WE OBTAIN YOUR CONSENT?

Where our use of your personal information requires your consent, we will inform you in clear and simple language of the purpose(s) of the intended processing as well as about your right to withdraw your consent at any time with effect for the future. You can provide such consent as follows:

  • at the time we collect your personal information following the instructions provided; or
  • by informing us by e-mail or post using the contact details set out in this Privacy Notice.

6 COOKIES AND SOCIAL MEDIA

In order to improve the Site and the Services provided thereon and to provide more convenient, relevant experiences to our customers, we and our agents may use “cookies”, “web beacons” and similar devices to track and analyse your activities.

  • A cookie functions as your identification card and enables KIE to record your passwords and preferences. A cookie cannot be executed as code or deliver viruses.
  • A web beacon is a small transparent .gif image that is embedded in an HTML page or email used to track when the page or email has been viewed.
  • A similar tool may be used that may send data to a server when a set of user-initiated events occur. This tool is similar to a cookie. It tracks your visit and the data can only be read by the server that receives the data. It is different than a cookie in that it is not browser-based, may not function as an identification card and does not store any data on your computer.

There exist cookies that are technically necessary or unnecessary:

  • Necessary Cookies

Some cookies fulfil necessary tasks and websites cannot function properly without them. If necessary cookies are used, they cannot be removed. Necessary cookies may already be implemented when entering the website. That means their use does not necessitate a prior consent of the users.

  • Unnecessary Cookies

Cookies which not only serve the functionality of the website but also collect data for other purposes are considered unnecessary cookies. Unnecessary cookies allow us to track your navigation of our Site and to make the connected services visible. We may transfer your IP address to third parties in order to receive statistical data about the use of our Site. Such anonymized data helps us when designing the Site and the structure of our servers. Unnecessary cookies can be e.g. Social Plugins, cookies for analysis, marketing or advertising.

Unnecessary cookies may only be processed with the prior consent of the user.

  • Cookies used by TME

Currently we are using the following cookies on our Site. These may change from time to time. Every change of the Cookie Policy will be published on this Site.

I. Necessary Cookies

These cookies are necessary for the functioning of the website:

 

PHPSESSID Support of the search function of the website
derived Is being used to access the website
euCookie Is being used to access the website
If you are using our Site, we furthermore use the following cookies:
DC To recognise the data centre accessed by the user
_toshiba_APCCookiePolicy
_toshiba_EUCookiePolicy		 To determine whether the user accessed the cookie policy

A. Social NetworksII. Unnecessary Cookies

1. Our Site is connected with the following social networks:

  • Facebook
  • YouTube
  • LinkedIn

2. These links guide you to KIE’s sites on these social networks which gather information in accordance with their guidelines. These are your IP address and your location. This happens independently of whether you are a member of the network concerned or not. If you are a member of one of these social networks your respective user data is gathered as well.

3. We have no influence on the full extent of the gathering and processing of data as concerns the mentioned social networks. We are not aware of the extent or the purpose of the gathering of data by YouTube and LinkedIn or their storage periods.

4. For detailed information concerning the purpose and extent of the gathering and use of data please contact the above mentioned providers. Below you will find their addresses as well as the links to their current privacy policies in which you can find detailed information concerning the purpose and extent of the data processing of the respective networks.

B. Analysis cookies

  • Google Analytics

If you accessed our Site and you provided your consent insofar, we will use Google Analytics on our website, a web analysis tool by Google. Google Analytics uses cookies. The information concerning your visit to our website (including your IP address) as created by the cookie will be transferred and stored to a server of Google in the US. Please note that the code of Google Analytics is complemented by “gat.anonymizeIp ();” on our website to ensure a pseudonymised gathering of IP addresses (so-called IP masking). Thus your IP address will be shortened by Google in advance within the member states of the European Union or to other signatory states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to servers of Google in the US and only be shortened there.

On our behalf Google will use this information in order to evaluate your use of our website, to assemble reports for us about the activities of our website and to offer further services connected with the use of the website or the internet.

The data sent by us and linked with cookies, user data (e.g. user ID) or Madvertising IDswill be automatically deleted after 14 months. The deletion of data, which retention period expired, takes place once a month.

Moreover, you can prevent that Google gathers and processes data (cookies and IP address) by download and install the Browser-Plug-In available here: https://tools.google.com/dlpage/gaoptout?hl=de-DE.

More information concerning the terms of use and data privacy you can find here: https://marketingplatform.google.com/about/analytics/terms/de/.

Cookies used by Google Analytics:

_ga
_gid		 Registers an unambiguous ID which is used to generate staistical data concerning the use of the website by the user.
_gat Is used to throttle the request rate.

C. Marketing and Advertising Cookies

If you have provided your consent insofar, we will use marketing and advertising cookies. We use such cookies in order to provide you with advertisements suited for you and your interests. Moreover, we gather information concerning the use of our website in order to learn which contents users find especially interesting. The gathered data will also be used to avoid that you see the same advertisement too often and it helps to determine the effectivity of advertising campaigns. These cookies are usually installed on your device by advertising partners. The information generated by these cookies will be shared with other providers, for example advertising partners. Advertising cookies gather the most information about our users.

  • Google AdWords Remarketing

If you provide us with your consent, our Site may use Google AdWords Remarketing to advertise KIE across the internet, in particular Google Display Network. AdWords remarketing will display ads to you based on what parts of the KIE Site you visited. To achieve this, the Site places a cookie in your web browser.

The cookie is only used to indicate the following to other websites: “This person visited a particular page, so show them ads relating to that page.”

Google AdWords Remarketing allows us to tailor our marketing to better suit your needs and only display ads that are relevant to you.

https://policies.google.com/privacy?hl=de&gl=de

Cookies used by Google AdWords Remarketing:

DSID Connects your activities on different devices if you signed up to your Google account on another devices before. This enables the coordination of advertisements which are shown to you on different devices as well as the measurement of conversion events.
IDE Is being used to register or notify your actions on a website after an advertisement by a provider was shown or clicked on. This enables the measurement of the effectivity of an advertisement as well as the display of advertisements suited for you.
__gads This cookie is used to measure, for example, interactions with the advertisements on a domain and to avoid that you see the same advertisements too often.
  • Adobe Inc.

If you use our Site and provided your consent, our website may use the services of Adobe Experience Cloud. The Adobe Experience Cloud contains various products for the advertising industry which deal with analysis, social, advertisement and media optimization management, targeting, web experience management and content management. Adobe Experience Cloud offers us the opportunity to create reports on the attractiveness of our products and to detail these reports depending on our needs. This enables us to adjust our services and products more closely to your search and consuming behavior. In order to do so Adobe Experience Cloud allocates to you an unambiguous, permanent identifier. This is however predefined to the domain of our website. Usually, the cookie will be deleted after 24 months.

In case the Adobe Experience Cloud transfers data to servers outside of the EU, this will be on the basis of the EU standard contractual clauses. Moreover, a transfer is possible under the requirements of the „EU / US Privacy Shield“. Adobe Inc. is certified under the Privacy-Shield-Agreement and thus warrants an appropriate protection of your data in line with articles 45 and 46 GDPR.

Further information concerning data privacy by Adobe Inc. can be found under https://www.adobe.com/de/privacy/policy.html.

Adobe Inc. uses the following cookies:

AMCV_xxx@AdobeOrg Is used to allocate an unambiguous, permanent identifier for the Adobe Experience Cloud on our website.
s_cc Is used to determine whether cookies were activated.
s_sq Is used if certain functions of the Adobe Experience Cloud are activated. It contains information on the previous link which was accessed by the user.
s_fid Is used to read your unambiguous, permanent identifier for the Adobe Experience Cloud as well as time and date stamps.

III. The Facebook page of TME

By clicking on the Facebook link you will be forwarded to our KIE Facebook page (“Facebook Fan Page”). We determine the purposes and goals of the data processing taking place on this Site jointly with Facebook Ireland Limited and are therefore jointly responsible in line with article 26 GDPR.

A. How TME processes your data

1.  Facebook Insights

Description and extent of data processing:

Facebook Ireland Limited (“Facebook”) provides us with “Facebook Insights” which is implemented on all Facebook fan pages. Based on parameters and time frames Facebook provides us with statistical information. This statistical data contains various information on the following user categories:

  • Our fans: User, wo “liked” our Facebook Fan Page;
  • Reached user: User who were shown our posts within the last 28 days;
  • Involved user: User who “liked” our posts within the last 28 days, who commented or shared them or came into contact with our Facebook Fan Page.

From this data we cannot identify certain persons. This statistical data contains various information, for example on:

  • The activities and interactions (e.g. clicks, views), “Likes” and reports about our Site, our advertisements, our posts and our events;
  • The number and time of activity of our subscribers and visitors as well as statistical information about age, gender, country and city of the user and the language which the user speaks. If employed by a user, the name of the user;
  • Video statistics;
  • Received and sent messages.

Purpose of the data processing:

By using statistical data we gain statistical knowledge about how our Facebook Fan Page is used. This enables us to track user behavior in order to analyse it for business purposes like establishing of trade marks, increase of a connection to the community and communication.

Legal basis of the data processing:

Before you enter our Facebook Fan Page we need your consent in order to process your above mentioned data for the above mentioned purposes.

2. Facebook notifications

Description and extent of the data processing:

If you interact with our page or one of our posts, advertisement activities or events (e.g. by sharing or commenting), or if you subscribe to our page or follow us we will receive a notification from Facebook containing your name, your profile picture and your interaction.

This data can be accessed by responsible persons within the KIOXIA Group as well as third parties which support us as concerns Public Relations and Social Media Management. These service providers are contractually bound to observe our data privacy principles and confidentiality. Service provider who process personal data for us signed a special agreement to ensure that the data processing only takes place in line with our instructions.

We are not able to delete Facebook notifications, your posts or other interactions.

Purpose and legal basis of the data processing:

We use the data provided in order to track how you interact with our Facebook page and to react to your interactions (e.g. comments, “likes”, sharing). The data processing is based on our legitimate interest to fulfil this purpose (art. 6 para 1 no. f GDPR).

3. Contact via the Facebook Fan Page

Description and extent of the data processing:

If you contact us via Facebook we will process the information provided by you, e.g. your user name, your profile picture, your request and your contact information. You may contact us without providing your real name or other contact information.

This data can be accessed by responsible persons within the KIOXIA Group as well as third parties which support us as concerns Public Relations and Social Media Management. These service providers are contractually bound to observe our data privacy principles and confidentiality. Service provider who process personal data for us signed a special agreement to ensure that the data processing only takes place in line with our instructions.

We store your data for as long as it is necessary to fulfil the purpose described below but we cannot delete your posts, comments or other interactions on Facebook.

Purpose and legal basis of the data processing:

We process your data in order to answer your request. The data processing is based on our legitimate interest to fulfil this purpose (art. 6 para 1 no. f GDPR).

4. Raffles

Description and extent of the data processing:

If you participate in raffles on our Facebook Fan Page we will process the personal data provided by you like your user name, your profile picture, your first name and your contact information. We will use the user name of the winner in a comment and ask the user to provide us their postal address by e-mail.

This data can be accessed by responsible persons within the KIOXIA Group as well as third parties which support us as concerns Public Relations and Social Media Management. These service providers are contractually bound to observe our data privacy principles and confidentiality. Service provider who process personal data for us signed a special agreement to ensure that the data processing only takes place in line with our instructions.

We store your data for as long as it is necessary for the performance of the raffles. We are not able to delete your posts, comments or other interactions on Facebook.

Purpose and legal basis of the data processing:

We process your data exclusively in order to conduct the raffles. The legal basis for the data processing is the fulfilment of the contract (art. 6 para 1 no. b GDPR).

B. How Facebook processes your data

If you visit our Facebook page, Facebook collects and processes various personal data which is gathered by using cookies or other tracking technology and was provided by you or third persons. This can be for example personal data in order to compile statistics for Facebook Insights, to provide options to measure or analyse for advertisers, for market research and to personalize characteristics and contents. Facebook forwards this data to other companies within the Facebook Group and to third parties and transfers it to third countries outside of the European Union, for example the United States. More information on the extent and purpose as well as the legal basis of the data processing by Facebook and your options to control the data processing by Facebook can be found here:

C. Joint Controller

KIE and Facebook are Joint Controller as concerns the data processing of personal data on the Facebook Fan Page. Facebook bears the primary responsibility for the processing of personal data in accordance with the GDPR and fulfils all duties concerning the processing as outlined in the GDPR. These include the following which is not a conclusive list:

  • To present you a transparent description of the data processing (art. 12 and 13 GDPR).
  • To support you when exercising your rights like right to access, deletion, amendment or transfer of your personal data as well as limitation or opposition against data processing (art 15 to 22 GDPR).
  • To warrant the security of the processing (art. 32 GDPR).
  • To inform you or the responsible supervisory authorities in case of a data breach concerning your personal data (art. 33 and 34 GDPR).

However, this joint responsibility does not limit your exercise of the above mentioned rights. Each request concerning the processing of your personal data by our Facebook Fan Page can be addressed to us or Facebook (art. 26 para 3 GDPR).

Hereinafter you will find the addresses of Facebook and the websites on which the most current privacy policies of Facebook as well as the agreement between Facebook and KIE concerning joint controllership can be found:

  • Facebook Ireland Limited, 4 Grand Canal Square, Dublin D02;

https://www.facebook.com/legal/terms/page_controller_addendum#

http://www.facebook.com/about/privacy/

IV. The right to withdraw your consent

You can withdraw your consent to use your personal data at any time with future effect by using the respective browser settings or for certain cookies by using the above described procedure.

7 THIRD PARTY CONTRACTORS AND OTHER CONTROLLERS

As mentioned above, we may appoint sub-contractor data processors as required to deliver the Services, such as, without limitation, service providers to assist KIE with for example warranty inquiries and who will process personal information on our behalf and at our direction. We conduct an appropriate level of due diligence and put in place necessary contractual documentation in relation to any sub-contractor to ensure that they process personal information appropriately and according to our legal and regulatory obligations.

Further, we may appoint external data controllers in common where necessary to deliver the Services (for example, but without limitation other KIOXIA entities). When doing so we will comply with our legal and regulatory obligations in relation to the personal information including but without limitation where necessary putting appropriate safeguards in place to ensure any personal information is processed according to our legal and regulatory obligations.

8 EXTRA-EEA TRANSFERS

If you are based within the EEA, please note that where necessary to deliver the Services we will transfer personal information to countries outside the EEA (including to KIOXIA’s Japanese entities) and other KIOXIA entities via the applicable Data Sharing Agreements which utilise model contracts as the extra-EEA transfer mechanism). When doing so we will comply with our legal and regulatory obligations in relation to the personal information including but without limitation having a lawful basis for transferring personal information and putting appropriate safeguards in place to ensure an adequate level of protection for the personal information. You can request a copy of the model clauses which we entered into by contacting us.

9 HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION FOR?

We will retain relevant personal information for as long as it is necessary in order to fulfil the relevant purposes described in this Privacy Notice and to comply with other legal obligations (for example in the areas of finance and accounting). We may then destroy such files without further notice or liability.

10 CONFIDENTIALITY AND SECURITY OF YOUR PERSONAL INFORMATION

We are committed to keeping the personal information provided to us secure and we will take reasonable precautions to protect personal information from loss, misuse or alteration. For more information click here.

We have implemented information security policies, rules and technical measures to protect the personal information that we have under our control from:

  • unauthorised access;
  • improper use or disclosure;
  • unauthorised modification; and
  • unlawful destruction or accidental loss.

All of our members, employees, workers and data processors (i.e. those who process your personal information on our behalf, for the purposes listed above), who have access to, and are associated with the processing of personal information, are obliged to respect the confidentiality of the personal information of all visitors to the Site and all users of our Services.

11 HOW TO ACCESS YOUR INFORMATION AND YOUR OTHER RIGHTS?

You have the following rights in relation to the personal information we hold about you:

  • Your right of access. For more information click here.

If you ask us, we’ll confirm whether we’re processing your personal information and, if necessary, provide you with a copy of that personal information (along with certain other details). If you require additional copies, we may need to charge a reasonable fee.

  • Your right to rectification. For more information click here.

    • If the personal information we hold about you is inaccurate or incomplete, you’re entitled to have it rectified. If you are entitled to rectification and if we’ve shared your personal information with others, we’ll let them know about the rectification where possible. If you ask us, where possible and lawful to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly.

  • Your right to erasure. For more information click here.

    • You can ask us to delete or remove your personal information in some circumstances such as where we no longer need it or if you withdraw your consent (where applicable). If you are entitled to erasure and if we’ve shared your personal information with others, we’ll let them know about the erasure where possible (the right to be forgotten). If you ask us, where it is possible and lawful for us to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly.

  • Your right to restrict processing. For more information click here.

    • You can ask us to ‘block’ or suppress the processing of your personal information in certain circumstances such as where you contest the accuracy of that personal information or you object to us processing. If you are entitled to restriction and if we’ve shared your personal information with others, we’ll let them know about the restriction where it is possible for us to do so. If you ask us, where it is possible and lawful for us to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly.

  • Your right to data portability. For more information click here.

    • With effect from 25 May 2018, you have the right, in certain circumstances, to obtain personal information you’ve provided us with (in a structured, commonly used and machine readable format) and to reuse it elsewhere or to ask us to transfer this to a third party of your choice.

  • Your right to object. For more information click here.

    • You can ask us to stop processing your personal information, and we will do so, if we are:

    • relying on our own or someone else’s legitimate interests to process your personal information, except if we can demonstrate compelling legal grounds for the processing; or
    • processing your personal information for direct marketing. Please refer to section four above which outlines our marketing activities.
  • Your rights in relation to automated decision-making and profiling. For more information click here.

    • You have the right not to be subject to a decision when it’s based on automatic processing, including profiling, if it produces a legal effect or similarly significantly affects you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us.

  • Your right to withdraw consent. For more information click here.

    • If we rely on your consent (or explicit consent) as our legal basis for processing your personal information, you have the right to withdraw that consent at any time.

  • Your right to lodge a complaint with the supervisory authority. For more information click here.

    • If you have a concern about any aspect of our privacy practices, including the way we’ve handled your personal information, you can report it to the North Rhine-Westphalia Commissioner for Data Protection and Freedom of Information (LDI NRW). You can find details about how to do this on the LDI NRW website at https://www.ldi.nrw.de/index.php.

    12 COLLECTION OF INFORMATION BY THIRD-PARTY SITES AND SPONSORS

    The Site contains links to other sites whose information practices may be different than ours. Visitors should consult the other sites’ privacy notices as KIE has no control over information that is submitted to, or collected by, these third parties.

    13 CHANGES TO THIS PRIVACY NOTICE

    We may make changes to this Privacy Notice from time to time. For more information click here.

    To ensure that you are always aware of how we use your personal information we will update this Privacy Notice from time to time to reflect any changes to our use of your personal information. We may also make changes as required to comply with changes in applicable law or regulatory requirements. We will notify you by e-mail of any significant changes. However, we encourage you to review this Privacy Notice periodically to be informed of how we use your personal information.