Data protection information for business partners
Our handling of your data and your rights
Information pursuant to Art. 13, 14 and 21 of the General Data Protection Regulation (GDPR)
With this data protection information we inform you, our Business partners, pursuant to the EU General Data Protection Regulation (GDPR) applicable from 25 May 2018, about the processing of your personal data by us and the rights to which you are entitled. Further information on data protection can also be found in the privacy policy on our website: https://eu.nipponsanso.com/de.
1. Who is responsible for data processing and who can I contact?
Responsible is the:
NIPPON SANSO Deutschland GmbH
Registered office of the company: Düsseldorf
Amtsgericht (Local Court) Düsseldorf: HRB 51955
VAT ID No.: DE320942833
Phone: +49 211 2600 0
Contact details of the data protection officer:
Address as above: “c/o data protection officer”,
E-mail: datenschutz.germany@eu.nipponsanso.com
2. Which sources and data are used?
Nippon Sanso Deutschland GmbH processes personal data that it has received from the business relationship with you. This may occur, for example, in the context of preparing an offer.
In particular, the following data is processed:
- Identification data (e.g. name, address and contact details of the business partner, bank details)
- Information on the risk profile of the business partner, including creditworthiness and solvency and information in accordance with the declaration of suitability
- Data in connection with the execution of the specific order or contract
- Tax-relevant data
- Contract data for other correspondence (e.g. correspondence with you)
- Advertising and sales data (e.g. on products and services of potential interest to you)
3. What is my data processed for (purpose of processing) and on what legal basis?
Nippon Sanso Deutschland GmbH processes your data on the basis of the following legal basis and for the purposes listed below:
3.1. For the fulfilment of contractual obligations (Art. 6 para. 1 letter b GDPR)
Your data will be processed for the conclusion and fulfilment of our contracts with you, i.e. for example for the processing of the commissioned service.
The purposes of data processing depend in detail on the specific service and the contractual documents.
3.2. As part of the balancing of interests (Art. 6 para. 1 lit. f GDPR)
Your data may also be used on the basis of a balancing of interests to protect the legitimate interests of us or third parties.
This is done for the following purposes:
- General business management and more advanced version of services, systems and products
- Customer care, information about products, services, new technologies and the Nippon Sanso Group in particular, invitations to events
- Fulfilment of internal requirements and the requirements of our affiliated companies, insurance, audit or administrative purposes
- Ensuring IT security and IT operations
- Advertising, market and opinion research
- Assertion of legal claims and defence in legal disputes
- Prevention and investigation of criminal offences as well as risk management and fraud prevention
The interest of Nippon Sanso Deutschland GmbH in the respective processing results from the respective purposes and is otherwise of an economic nature (efficient fulfilment of tasks, sales, avoidance of legal risks).
Where permitted by the specific purpose, Nippon Sanso Deutschland GmbH processes your data in pseudonymised or anonymised form.
You can object to the processing of your personal data for the purpose of advertising, market and opinion research at any time without incurring any costs other than the transmission costs according to the basic rates (see Section 7 (3) UWG). To do so, please use the contact details of the data protection officer or the unsubscribe option within the e-mails. In this matter, your personal data will no longer be processed for the purpose of advertising, market and opinion research.
3.3. Based on your consent (Art. 6 (1) (a) GDPR) 1 lit. f GDPR)
If you have given your consent to the processing of personal data, the respective consent is the legal basis for the processing mentioned there.
You may also have consented to being contacted by email or telephone for marketing purposes. Furthermore, you may have consented to a recording of your telephone conversations with us.
You can revoke your consent at any time with effect for the future. This also applies to declarations of consent that you gave to Nippon Sanso Deutschland GmbH before the GDPR came into force, i.e. before 25 May 2018. The revocation only applies to future processing.
3.4. Due to legal requirements (Art. 6 para. 1 letter c GDPR)
Nippon Sanso Deutschland GmbH is subject to various legal obligations, i.e. statutory requirements (e.g. technical testing regulations, operational safety regulations, Money Laundering Act, tax laws) as well as official and regulatory requirements. The purposes of processing include identity and age verification, fraud and money laundering prevention, accounting, risk assessment and management (including the creation of a risk profile for business partners as well as the assessment of creditworthiness and the fulfilment of tax control and reporting obligations.
4. Who receives your data?
Your data will only be passed on by Nippon Sanso Deutschland GmbH in compliance with the GDPR and the BDSG.
Within Nippon Sanso Deutschland GmbH, those departments that require your data to fulfil their contractual and legal obligations or to perform their respective tasks (e.g. dispatching, commercial service, sales and marketing, accounting, legal department, data protection coordination office, etc.) will receive your data.
In addition, the following organisations may receive your data:
- Processors engaged by us (Art. 28 GDPR), in particular in the areas of IT services, logistics, waste disposal and printing services, who process your data for us in accordance with our instructions,
- Public bodies and institutions in the event of a legal or official obligation,
- Our respective employees, consultants, representatives, authorised agents, auditors, service providers,
- Companies that are part of Nippon Sanso Holdings Corporation, insofar as the personal data is required for the fulfilment of a purpose and data protection contracts exist for this purpose,
- Other bodies for which you have given us your consent to transfer data.
5. How long will your data be stored?
If necessary, your personal data will be processed for the duration of the business relationship, which also includes the initiation and fulfilment of a contract.
In addition, Nippon Sanso Deutschland GmbH is subject to various retention and documentation obligations arising from the German Commercial Code, tax law and the Money Laundering Act, among others. The retention and documentation periods specified there are five to ten years.
Finally, the storage period is also determined by the statutory limitation periods, which can be three years under the Civil Code, for example, but in certain matters can be up to thirty years. The various retention and documentation obligations of those independently responsible (e.g. auditors or lawyers) arise from the German Commercial Code (HGB), the German Fiscal Code (AO), the German Banking Act (KWG), the German Money Laundering Act (GwG) and the German Securities Trading Act (WpHG), among others. The retention and documentation periods stipulated there are two to ten years.
6. Is data transferred to a third country or an international organisation?
Your data will only be transferred to countries outside the European Economic Area – EEA (third countries) if this is necessary for the purposes listed above, is required by law or if you have given your consent.
Processing only takes place if an adequacy decision exists for the third country in accordance with Art. 45 GDPR, or in accordance with Art. 46 GDPR subject to appropriate safeguards.
7. What other data protection rights do I have?
You have the right to information (Art. 15 GDPR), to rectification (Art. 16 GDPR), to erasure (Art. 17 GDPR), to restriction of processing (Art. 18 GDPR) and to data portability (Art. 20 GDPR) under the respective legal requirements. You also have the right to lodge a complaint with a data protection supervisory authority (Art. 77 GDPR). You can assert these rights centrally against Nippon Sanso Deutschland GmbH.
Competent supervisory authority:
Landesbeauftragte für Datenschutz und Informationssicherheit Nordrhein-Westfalen (State Commissioner for Data Protection and Freedom of Information North Rhine-Westphalia)
P.O. Box 20 04 44
40102 Düsseldorf
Tel.: 0211/38424-0 Fax: 0211/38424-999
E-mail: poststelle@ldi.nrw.de
8. Do you have an obligation to provide data?
As part of our business relationship, you are only required to provide the personal data that is necessary for the establishment, implementation and termination of a business relationship or that we are legally obliged to collect.
Status of the data protection information: 16 October 2023