Last modified: 21 December 2022
Daikin Europe N.V. is a fully-owned
subsidiary of the Japanese company Daikin Industries Ltd. Daikin Group
produces, sells, distributes and executes marketing with regard to air-conditioning,
heating, ventilation and refrigeration equipment and solution business, along
with its European
Subsidiaries.
Daikin Europe N.V., together with its European
Subsidiaries (hereinafter, "DENV-G", "we",
"us", “our”, etc.) and its mother company Daikin Industries Ltd.
(hereinafter “DIL”), is sincerely committed to the protection of Personal Data
collected from Data Subjects (hereinafter “User”, “you”, “your”) offline,
through e.g. paper forms, contracts, statements (hereinafter “Forms”) or
online, through the website www.daikin.eu (hereinafter
"Website”) and through, for example, but not limited to, DENV-G’s (web)
applications, software and digital tools (hereinafter “Applications”).
In accordance with the European General
Data Protection Regulation (EU) 679/2016 (GDPR), in order to:
The protection of your Personal Data
matters to us. We aim to process your Personal Data in a lawful, appropriate
and transparent manner.
Take your time to read this Data Protection
Policy and its main key
terms, that you will find hereby in capitalized form.
In this regard, if you have any questions
or remarks, please contact us.
Daikin Europe N.V. and its European
Subsidiaries as established within the European Union are subject
to the General Data Protection Regulation (EU) 679/2016 (GDPR) and to any
upcoming legislation, in application of the above Regulation, entering into
force in the member state in which they are established.
DATA CONTROLLERS
We inform you that any Personal Data you
submit offline through Forms or online through the Website and/or the
Applications is used for the purposes described below by Daikin Europe N.V.,
with registered office at Zandvoordestraat 300, B-8400 Oostende (company number
412.120.336), in its capacity of Data Controller (see key
terms).
Daikin Europe N.V.’s European
Subsidiaries act in the capacity of Data Controllers with regard
to Processing of Personal Data collected offline through Forms or online
through the Website and/or Applications.
JOINT DATA CONTROLLERS
It is possible in the future that Daikin
Europe N.V., along with DIL, jointly determine, on the basis of a written
agreement, purposes and means of Processing Personal Data, as Joint Data
Controllers.
It is possible in the future that Daikin
Europe N.V., along with its European
Subsidiaries, jointly determine, on the basis of a written agreement,
purposes and means of Processing Personal Data, as Joint Data Controllers (for
example, but not limited to, in any case the subsidiary is particularly
involved in the Processing of Personal Data at local level for the developing
of a project).
In the above cases Data Subjects whose
Personal Data are to be processed by the Joint Controllers will be informed
accordingly.
DATA PROCESSORS
Daikin Europe N.V. can also act as Data
Processor on behalf of its European
Subsidiaries for any online or offline Processing or Personal Data
controlled by the European
Subsidiaries.
Daikin Europe N.V.’s European
Subsidiaries may act in the capacity of Data Processors on behalf
and under the instructions of Daikin Europe N.V. if data processing agreements
are in place.
DENV-G, to the extent necessary, collects,
processes, registers, stores and transfers Data Subjects’ Personal Data
provided offline through Forms or online through the Website and/or
Applications while, for example, but not limited to: visiting the Website;
using Applications; filling in offline or online registration Forms; reporting
non-compliance; contacting DENV-G; submitting job applications; clicking on
social media buttons; providing feedback (e.g. on Forms, products,
Applications, Website, customer service); answering to surveys and other
activities.
Personal Data are collected either on a
facultative basis or on a compulsory basis. If it is compulsory to provide the
Personal Data, this will be marked accordingly. In case a Data Subject fails or
denies providing the Personal Data that DENV-G has marked as compulsory, as a
consequence DENV-G will not be able to carry on the process or the activity
requested by that Data Subject.
An example of Personal Data that is marked
as compulsory is the situation in which a Data Subject wants to submit
registration Forms. In this case DENV-G needs some personal details in order to
process the related request of registration. If the Data Subject wishes to
register but does not provide the personal details marked as compulsory, DENV-G
will not be able to accept and process the request of registration.
DENV-G can collect Personal Data on a
consent basis or without the consent of the involved Data Subject if: 1) a
legal obligation must be fulfilled; or 2) a contract in which the Data Subject
is party has to be performed or will be performed; or 3) there are Legitimate
Interests, public interests or Vital Interests to protect; or 4) an authority
has requested DENV-G to process Personal Data.
DENV-G can further process your Personal
Data only:
Please find below, under subparagraphs 2.1.
and 2.2., the Personal Data we collect and the purposes for which we collect
them.
2.1. PERSONAL DATA WE COLLECT FROM YOU OR
FROM THIRD PARTIES.
You can be asked to provide us, depending
on the purpose of each Processing and to the extent necessary, different kind
of Personal Data including, but not limited to, name, surname, date and place
of birth, title, address, telephone, mobile, email address, language, country,
nationality, identity card, driver’s license number, national registration
number, passport number, curriculum information, employer, occupation, client
number, personal social media URL, credit card, preferences, interests, feedbacks.
You can also be asked to provide us,
depending on the purpose of each Processing and to the extent necessary, some
Special Categories of Personal Data (e.g. trade union membership, Personal Data
concerning health). DENV-G will process Special categories of Personal Data in
accordance with GDPR on the basis of : 1) explicit consent of the Data Subject;
or 2) fulfilment of legal obligations and/or exercise of the rights of the
Controller or of the Data Subject in the field of employment and social security
law; or 3) Vital Interests of the Data Subject; or 4) establishment, exercise
or defence of legal claims; or 5) substantial Public Interest.
We also use Personal Data you provided to
third parties, for example to service providers, or Personal Data that fall
within the public domain such as commonly acknowledged Personal Data, Personal
Data visible on your own website or blog or posted on your publicly accessible
social media profile.
DENV-G may also receive Personal Data via
third parties after mergers, acquisitions and any other transforming operation.
2.1.1 Purposes of the collection of
Personal Data.
Once collected, we use such Personal Data mentioned above for a variety of
purposes. Please find them listed below:
Business Administration and customer
management.
DENV-G has to be able to perform contracts
duly and properly and to carry out all the necessary statutory and accounting
processes. Accordingly, DENV-G will need some Personal Data provided by Data
Subjects offline through Forms or online through Website and Applications. In
accordance with Regulation (EU) 679/2016, for the purpose of performing
contracts, the consent of the Data Subject that is or is going to be a party to
a contract is not required. The consent of the Data Subject is not required in
case of duty to fulfil a legal obligation.
With regard to the management of
relationship with customers and the provision of consumer services, DENV-G uses
Personal Data (e.g. name, country, nationality, email address, client number,
credit card information) in order to:
Product Distribution.
DENV-G uses Personal Data for product
distribution, on the basis of performing a contract/ fulfilling a legal
obligation, and particularly in order to:
Supplier Administration.
DENV-G uses Personal Data to keep records
of suppliers and service providers, to register and manage purchase orders,
business expenses and invoices provided by suppliers or service providers,
acting on the basis of performing a contract/ fulfilling legal obligation.
Direct marketing.
As leading manufacturer and supplier of
heating, ventilation and air-conditioning equipment (including heat pumps and
refrigeration) and of solution business, DENV-G is in the position to provide
you with information that is tailored to you and your needs (for example, by
using your transaction details, DENV-G is able to inform you about services,
offers and suggestions related to your purchase. This is the so called “direct
marketing”).
DENV-G uses collected Personal Data,
Personal Data that is publicly available (e.g. information available on
Internet, through results of the searches, social media results) or Personal
Data received from third parties (e.g. Internet Service Providers) for direct
marketing purposes and to attract new customers.
DENV-G performs direct marketing also with
the aim of organizing internal events, travels, presentations, meetings for
employees, customers and Business Partners.
DENV-G does direct marketing through a
variety of media including, without limitation, mobile’s text messaging,
surveys, email, the Website, online adverts, database marketing, Applications
and events.
DENV-G performs direct marketing on the
basis of its Legitimate Interest of pursuing business objectives
DENV-G can do direct marketing in response
to explicit consent of the Data Subject. If you do not want to receive a highly
personalised offer, you should not consent to receiving direct marketing when
asked to.
DENV-G commits itself to ensure that direct
marketing information are provided in a way that is clear and adequate and this
by using the channel designated by the recipient in order to keep the
inconvenience of being disturbed to a minimum.
Quality improvement of products and
services.
DENV-G, based upon its Legitimate Interest
to do business or the consent of Data Subjects, uses Personal Data collected
through Forms, job applications, surveys, inquiries, comments, feedback
submitted to DENV-G or to other companies of the Daikin Group, in order to:
improve its products and services; carry out further surveys; develop
analytical, risk, marketing and other models and to produce statistics. DENV-G
also uses your transaction details to develop global models and to perform
analyses.
Example: DENV-G may need to process the
number of people that have bought a specific Daikin product or have applied for
a specific service.
In this regard, DENV-G commits as much as
possible to aggregate Personal Data in anonymous or Pseudo Anonymous form to
make sure that these Personal Data are not easily or are no longer identifiable
as yours.
The practice of Processing Personal Data
for statistical purposes is particularly justified by DENV-G’s desire to put in
place strategic choices in order to better perform in the market and to provide
you with better products and services.
Personal Data can also be used to assess,
simplify and improve DENV-G’s processes, for example in order to optimize
campaigns, procedures and sales, both offline or online, through the Website
and/or through Applications.
Example: if you have not completed a
procedure or the sales process, we may contact you to find out what went wrong
and whether we can help you. In this case we limit our contact to providing
technical and administrative support for that specific procedure or process.
Recruitment and Selection.
For the purpose of recruiting talents,
DENV-G collects Personal Data such as, but not limited to, name, email, phone
number, curriculum information, URL to social media profile from open
applicants and targeted applicants applying for example for job vacancies,
international traineeship, student internship. This processing is allowed by
the fact that applicants are voluntarily taking steps in order to enter into a
contract with DENV-G.
The Personal Data provided by applicants
(through filling in Forms or registering and creating a personal account on the
Website or when entering Applications) will be used for Processing
applications, contacting applicants for human resources management related
activities, managing hiring processes (e.g. inviting applicants for interviews
and for conducting written tests) and drafting employment contracts.
Personal Data belonging to applicants who
were not hired at the end of the selection process are deleted after 1 year
from the date of the communication of the negative outcome of the selection,
unless the applicants have requested the immediate cancellation of their data
following such communication.
Personnel Administration and Salary
Benefits.
DENV-G uses Personal Data, on the basis of
performing an (employment) contract, for the purpose of managing personnel and
particularly:
Bookkeeping and Accounting.
DENV-G uses Personal Data, on the basis of
performing a contract, for the purpose of bookkeeping and accounting and with
the aim of:
Legal Claims and Disputes.
We can use Personal Data as evidence and
for ascertaining, exercising and safeguarding the rights of DENV-G or of those
it represents (e.g. in disputes) before any jurisdiction of any country (for
example, among others, the right of DENV-G to defend itself from acts of unfair
competition or the right of DENV-G to solicit the fulfilment of an unpaid
invoice).
Fraud or Crime prevention.
We can also use Personal Data to prevent,
detect and investigate crimes and cyber risks for Legitimate Interest or when a
public authority requests to do so.
Corporate Business and Housekeeping.
DENV-G transmits and/or jointly uses the
Personal Data collected with DIL and/or other companies of the Daikin Group
and/or its Business Partners only when needed and in view of elaborating
periodic reports on the outcome and business-related aspects, business plans
and corporate strategies. The processing is based on DENV-G Legitimate Interest
of doing business.
DENV-G processes Personal Data of European
Citizens that were lawfully collected by another company of the Daikin Group
unless there is no legal impediment (e.g. a duty of confidentiality or a
provision in the data protection legislation).
DENV-G is committed to put in place all the
appropriate measures for the protection of Personal Data with regard to intra
group communications, in line with Regulation (EU) 679/2016.
2.2. PERSONAL DATA WE GET FROM YOUR USE OF
THE WEBSITE AND/OR APPLICATIONS.
2.2.1 Purposes of the collection of
Personal Data.
When you are visiting the Website and/or
Applications, DENV-G collects some of your Personal Data for the following
purposes:
Easing the use of the Website and/or
Applications.
By collecting some Personal Data (e.g., IP
address, log-in data) on the basis of consent of the Data Subject or Legitimate
Interest DENV-G is able to adapt the Website and/or the Applications more
according to your needs.
Through the use of Cookies,
DENV-G will automatically collect some Personal Data such as, but not limited
to, device-specific information (e.g. IP address, browser type), log on
information (e.g. search queries), geo-localization information (e.g. through
Wi-fi access point) in order to facilitate the use of the Website and/or
Applications and to increase your comfort while using them.
Example: in order to support and simplify
your identification process, we store your username and password through a
Cookie, you do not have to enter your identification credentials or any
personal details every visit.
DENV-G uses different types of Cookies:
necessary, functional, social plug-in tracking, third-party advertising,
first-party analytics. Please, read more about Cookies, what they are, what
types we use and why we are using these in our “Cookie
policy”.
Monitoring of Data Subjects’ interests
and preferences.
DENV-G, within its Website and/or Applications,
on the basis of consent of the Data Subject or Legitimate Interest can monitor
in a systematic and regular way Personal Data through Automated Decision-Making
technologies/Profiling and Cookies. This in order to evaluate certain personal
aspects relating to a natural person, in particular to analyse and predict
aspects concerning the natural person’s performance at work, economic
situation, personal preferences, interests, reliability, behaviour, location or
moments (geo-localization).
Please, read more in our “Cookie
policy”.
For the above purposes, DENV-G may need
services, counselling and/or assistance from third parties, including, but not
limited to, maintenance of Applications and bug fixing, purchase of
Applications, data hosting, counselling on compliance with laws and
regulations, development of Applications, human resources services, supply
services, Internet providers’ services, production of statistics and others.
In this regard, to the extent necessary, we
can transmit or disclose Personal Data we collected to any natural person or
legal entity, to subcontractors and Business partners that are third parties
with respect to DENV-G or Daikin Group.
Every time we need to transmit or disclose
some Personal Data we collected to third parties, except in case of Legitimate
Interest of the third party, DENV-G will make sure to have in place a data
processing agreement with this third party under the provisions of Regulation
(EU) 679/2016, asking the third party to comply with the principles and the
provisions of the same Regulation and to align on appropriate security
standards.
Within the scope of the above described
purposes DENV-G transmits and jointly uses the Personal Data collected,
belonging to Data Subjects present in the European Union, with DIL and/or other
Daikin Group’s companies and/or Business Partners established in any non-EU
countries.
We inform you that DENV-G has arranged
appropriate standard contractual clauses and appropriate safeguards regarding
any transfer of Personal Data occurring between Daikin Europe and DIL. In any
case of transfer of Personal Data towards a non-EU country, DENV-G commits
itself to:
DENV-G does not keep your Personal Data
forever. We use your Personal Data to the extent necessary and only with the
aim of pursuing the purposes described above. Once the aim no longer exists, we
commit to delete the Personal Data, unless archiving them is required by law,
at international, European or national level.
The starting point for storing your
Personal Data is the statutory retention period (which is often ten years and
lasts until the expiry of a contract or the end of a business relationship).
The period can be longer where needed for the exercise of our rights.
If no retention period is stipulated by
law, the retention period can be shorter in accordance to, but not limited to,
one of the following criteria: contract length and legal obligations; business
and organizational needs; long-term business relationship; pursuit of direct
marketing; statistics.
Some insights only get clearer once they
are viewed over a longer time span. For this reason, for some types of Personal
Data a more extended time horizon may be necessary (e.g. for those needed in
order to design marketing and risk models).
As has been stated, DENV-G commits as much
as possible to work with aggregated, anonymized or Pseudo-Anonymized Personal
Data and in all cases, it will cease the connections to individuals as quickly
as possible.
6. YOUR RIGHTS AS DATA SUBJECT AND HOW TO
EXERCISE THEM.
If you have any questions about the
protection of your Personal Data or the exercise of your rights, you can
contact us at any time by writing to Daikin Europe N.V. or one of its European
Subsidiaries, by calling Daikin Europe N.V. or one of its European
Subsidiaries, by sending via postal mail a specific Form or by
submitting the Form available online under each “contact us” section throughout
the Website and/or the Applications.
Once your Personal Data are subject to
Processing, you have several rights as Data Subject that can be exercised, as
listed below.
Be as specific as possible any time you
wish to exercise your rights. DENV-G can only properly answer queries couched
in sufficient detail. DENV-G may need to verify your identity in as much detail
as possible, in order to avoid that someone else tries to exercise your rights.
You can have access to your Personal
Data
If you would like to access the Personal
Data that DENV-G processes about you or you want to know more about:
and any other available information about
the Processing of your Personal Data, please fill in the following form by
clicking here.
We will use the Personal Data you provide
us through the form only for the purpose of verifying and Processing your
request.
If you exercise your right to access,
DENV-G will give you as complete as possible a list or a copy of your Personal
Data.
You can complete/rectify/erase/restrict
the processing of your Personal Data
It can happen that certain Personal Data
held on you by DENV-G are not (or have ceased to be) correct. It can also
happen that you want to add something to the Personal Data you provided us. You
can ask for your Personal Data to be rectified or completed at any time, by
clicking here.
If you want DENV-G to erase your Personal
Data your request will be processed, unless no impediment or incompatibility
arise according to law or Legitimate Interests towards the deletion. If you
want to ask for the erasure of your Personal Data, please click here.
You can obtain the restriction to the
Processing of your Personal Data at any time, by clicking here.
You can ask for the portability of your
Personal Data to yourself or to third parties
If your Personal Data were collected
through electronic means, you can ask for the portability of the Personal Data
you provided us to yourself or to third parties, by clicking here.
You can withdraw your consent to
Processing of your Personal Data
Please remember that every time you provide
DENV-G with your consent to process your Personal Data, you can subsequently
withdraw that consent at any time by following the suggested procedure and as
easily as you gave it.
If you want to withdraw your consent, you
can do it at any time by clicking here.
You can object to Processing or object
to Processing by automatized decision-making systems
If you disagree with how DENV-G processes
certain Personal Data, you can object by clicking here.
We shall process objections unless there are valid reasons not do so or reasons
provided by law (for example, an objection will be declined if the Processing
of Personal Data has been conducted in view of combating fraud).
If you disagree with Processing of your
Personal Data based solely on Automated Decision-Making (including Profiling)
which produces legal effects or affects similarly a Data Subject, you can
object at any time by clicking here.
If you do not agree with the way DENV-G is
Processing your Personal Data or you have other questions in this regard, you
can always contact the Data Protection Authority of your country of residence
(for instance if you reside in Belgium, you can contact the Data Protection
Authority involved: www.privacycommission.be;
Commission de la protection de la Vie Privée, Rue de la Presse, 35, 1000
Bruxelles).
Here follows the contact details of
DENV-G’s Data Protection Officer:
Through its Website or Applications DENV-G
does not process any Personal Data of natural persons aged under 16, neither
does it make commercial offers to or tries to contact them, unless their legal
representative has consented.
DENV-G has implemented adequate security
measures in order to maintain integrity and security and prevent accidental or
unlawful destruction, loss, alteration, unauthorized disclosure of, or access
to, Personal Data transmitted, stored or otherwise processed, in line with
Regulation (EU) 679/2016.
DENV-G commits before starting Processing
activities using new technologies to carry out data protection impact
assessments in accordance with GDPR and by undertaking appropriate actions
accordingly.
DENV-G regularly seeks to improve their
efforts in protecting Personal Data. This Data Protection Policy can be changed
or updated in light of upcoming legislations, both at international, European
and national level.
DENV-G will inform you of all substantive
changes of this Data Protection Policy via offline or online means (for
example, via the Website, during your first visit or with each substantial
update of this Data Protection Policy).
You can always find the most recent version
of our Data Protection Policy available at www.daikin.eu/en_us/data-protection-policy or
for each Application by clicking on the “Data Protection Policy” section.