Privacy Policy for Data Subjects in the European Countries

1. About This Privacy Policy

This Privacy Policy for data subjects in the European Countries (hereinafter referred to as “Privacy Policy for Europe”) explains how Nishimura & Asahi (Gaikokuho Kyodo Jigyo) (Partnership) (“N&A”) and Nishimura & Asahi Europe Rechtsanwaltsgesellschaft mbH (“N&A Europe”) (N&A and N&A Europe hereinafter collectively referred to as “we”, “us,” or “our”), may jointly or individually process personal data of data subjects in the European Economic Area and the United Kingdom (collectively, the “European Countries”).

We are committed to respecting personal data and protecting the privacy of all individuals who use this website. We will process your personal data in compliance with applicable data protection laws and any laws that replace them in the future.

This Privacy Policy for Europe applies to the personal data of data subjects in the European Countries that we process. This Privacy Policy for Europe shall apply together with N&A’s Personal Information Protection Policy, but the former shall prevail over the latter to the extent that these policies contradict. Further, some categories of the processing of personal data may be subject to more specific policies. In such cases, such specific policies shall supersede this Privacy Policy for Europe to the extent that the clauses set forth in such specific policies contradict the clauses set forth in this Privacy Policy for Europe.

This website may contain links to and from third-party websites. These third-party websites and any services that may be accessible through them have their own privacy policies. We are not responsible for these third-parties’ privacy practices. We encourage you to be aware of this when you leave this website and to read the privacy policies applicable to these third-party websites.

2. Definitions

In this Privacy Policy for Europe:

1. Your “personal data” means any information relating to an identified or identifiable natural person (“data subject”). It may include contact details, other personal information, photographs, and expressions of opinion about you, etc.;
2. "Nishimura & Asahi" means collectively Nishimura & Asahi (Gaikokuho Kyodo Jigyo) and Nishimura & Asahi LPC, and our overseas offices (including affiliated offices);
3. “processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether by automated means such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction;
4. “controller” means the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of processing personal data; and
5. “joint controllers” are two or more controllers jointly determining the purposes and means of processing.

3. Contact Details

You may contact N&A at:

Otemon Tower, 1-1-2 Otemachi, Chiyoda-ku, Tokyo, 100-8124, Japan
Contact Form

You may contact N&A Europe at:

Nishimura & Asahi Europe Rechtsanwaltsgesellschaft mbH
Neue Mainzer Str. 66-68, 60311 Frankfurt am Main, Germany
Contact Form

4. How We Collect Your Personal Data

We will collect and process the following personal data about you:

1. Contact information of our clients (including potential clients) and business partners: We will obtain this data from you or from other sources such as your employees or colleagues. It may include your name, e-mail address, phone number, company name, address, department and position, and other information.
2. Information of the related parties: We will obtain your personal data when we meet and interact with you as an adverse party, a related party, interviewee, investigation target, etc. The information we obtain may include your name, e-mail address, phone number, company name, address, department and position, and other information.
3. Information provided through the contact form on our website: We will obtain your personal data when you contact us through the contact form on our website. It may include your name, e-mail address, phone number, company name, address, department and position, and other information.
4. Information provided when you apply to our promotional services: We will obtain your personal data when you apply to our promotional services, such as our seminars or newsletters. It may include your name, e-mail address, phone number, company name, address, department and position, and other information.
5. Information provided through the recruitment procedure: We will obtain your personal data when you apply to our recruitment procedure. It may include your name, e-mail address, phone number, birth date, gender, face photograph, and other information described in your resume or otherwise submitted to us.
6. Information collected through this website: When you visit this website, it automatically collects certain types of data related to you (“access data”). These types of data include access logs, web beacons (also known as pixels), cookies, etc. These types of data may remain in your computer and continue to collect data. For more information about how we use your access data and the respective legal bases, please see our Cookie Policy.

For the purpose of data protection laws in European Countries, N&A and N&A Europe are joint controllers in respect of some of your personal data. This means that both of us are responsible to you for your personal data we jointly process. We have put in place an arrangement clarifying our respective tasks, duties, and responsibilities to comply with the said data protection laws. If you wish to know more about this arrangement, please contact us using the contact information indicated above in Section 3.

5. Purpose and Legal Basis of Processing Personal Data

The purposes for which we process personal data and the legal basis on which we perform such processing are as follows:

Categories of personal data	Purpose for processing	Legal basis for processing (*1)
a.Contact information of our clients (including potential clients) and business partners	Providing our professional services including advising and representing our clients. Preparation of the client relationship, in particular for conflict check and pre-contractual correspondence to prepare offers and cost estimates.	Contract Legitimate interests
	Providing promotional items based on your request.	Legitimate interests Consent
	Proper internal law firm administration, including the verification of client identity (*2), maintenance of reference files, and operation of IT systems for administrative purposes.	Legal obligation Legitimate interests
	Proper accounting and invoicing.	Contract Legal obligation Legitimate interests
b.Information of the related parties	Providing our professional services including advising and representing our clients.	Legitimate interests
c.Information provided through the contact form on our website	Communicating with you, including to deal with your questions, messages, or requests. Providing our professional services including advising and representing our clients. Preparation of the client relationship in particular for conflict check and pre-contractual correspondence to prepare offers and cost estimates.	Contract Legitimate interests Consent
d.Information provided when you apply to our promotional services	Registering your information as an attendant to the seminar or recipient of the newsletter. Delivering confirmation e-mails when you apply to the seminar or newsletter, and providing you with information about the seminar or newsletter. Analysing attendants’ interest and conducting other marketing analysis. Providing promotional items based on your interest.	Contract Legitimate interests
e.Information provided through the recruitment procedure	Conducting the recruitment procedure, in particular reviewing applications, contacting the applicant, and conducting interviews to evaluate and select suitable applicants.	Legitimate interests
f.Information collected through this website	Analysing visitors’ interest and conducting other marketing analysis. Providing promotional items based on your request.	Legitimate interests Consent

^＊1 The details of the legal basis for processing is as follows:

1. Contract. This is where we need to process your personal data to perform the contract we enter into with you.
2. Legal Obligation. This is where we need to comply with a legal obligation.
3. Legitimate Interests. This is where the processing of your personal data is necessary for legitimate interests pursued by us or a third party, and your interests and fundamental rights do not override those interests.
4. Consent. This is where you have given consent for us to process your personal data. However, even if we obtain consent from you, we may process your personal data based on other legal grounds. The withdrawal of your consent (please see Section 9(g) of this Privacy Policy for Europe below) shall not affect the lawfulness of processing performed based on the consent before your withdrawal.

^＊2 In accordance with the rules set forth by the Japan Federation of Bar Associations, any bar association of the European Countries, or other competent authorities, we are required to go through client verification procedures (also known as the “Know Your Client (KYC)” procedures) when you seek our legal advice for the first time. We may have to refuse to provide legal services to you if you fail to provide your personal data required under these procedures.

6. Disclosure of Personal Data to Recipients

We may share your personal data with the following categories of recipients.

1. Each offices of Nishimura & Asahi.
2. Service providers such as outside professional advisors and internet and IT-related service providers.
3. Any relevant party, law enforcement agency, or court, to the extent necessary for us to provide our professional services or comply with applicable law or regulation.

7. Transfers of personal data outside the European Countries

The personal data that we hold about you may be transferred to, and stored by, a third party outside the European Countries.

Where we transfer your personal data to a third party outside the European Countries, we will ensure that:

1. The recipient destination has been subject to a finding from the European Commission that it ensures an adequate level of protection for the rights and freedoms that you possess in respect of your personal data; or
2. the recipient enters into standard data protection clauses with us that have been approved by the European Commission.

You can obtain more details of the protection given to your personal data when it is transferred outside the European Countries (including a copy of the standard data protection clauses which we have entered into with recipients of your personal data) by contacting us in accordance with the information indicated above in Section 3.

8. Storage limit of personal data

We will retain the personal data that we collect about you as long as it is necessary for the purposes set out in this Privacy Policy for Europe, unless a longer period is demanded by applicable laws.

9. Your rights

You have a number of legal rights in relation to the personal data we hold about you. These rights may vary depending on where you are located and which data protection laws will apply to the relationship between you and us, but would typically include:

1. The right to obtain information regarding the processing of your personal data and access to the personal data we hold about you.
2. The right to request that we rectify your personal data if it is inaccurate or incomplete.
3. The right to request that we erase your personal data in certain circumstances. This may include (but is not limited to) circumstances in which:
   1. It is no longer necessary for us to retain your personal data for the purposes for which we collected it;
   2. we are only entitled to process your personal data with your consent, and you withdraw your consent; or
   3. you object to our processing of your personal data for our legitimate interests, and our legitimate interests do not override your own interests, rights and freedoms.
4. The right to request that we restrict our processing of your personal data in certain circumstances. This may include (but is not limited to) circumstances in which:
   1. You dispute the accuracy of your personal data (but only for the period of time necessary for us to verify its accuracy);
   2. we no longer need to use the personal data except for the establishment, exercise, or defence of legal claims; or
   3. you object to our processing of your personal data for our legitimate interests (but only for the period of time necessary for us to assess whether our legitimate interests override your own interests, rights and freedoms).
5. The right to object to us about our processing of your personal data.
6. The right to receive any personal data which we process about you on the basis of your consent or on a contract (as opposed to any other legal ground), and where the processing is carried out by automated means in a structured, commonly used, and machine-readable format, and/or request that we transmit that data to a recipient where this is technically feasible. Please note that this right only applies to personal data that you have provided to us.
7. The right to withdraw your consent to our processing of your personal data at any time. Please note, however, that we may still be entitled to process your personal data if we can rely on another legal ground for doing so.

You can exercise your rights by contacting us using the information about us indicated above in Section 3. You can also lodge a complaint with the data protection regulator if you think any of your rights have been infringed by us.

10. Miscellaneous

The processing of your personal data that we conduct does not involve any automated decision-making that produces legal effects concerning yourself or otherwise similarly affects you significantly.

Subject to the specification indicated above in Section 5, the provision of your personal data is not a statutory or contractual requirement.

11. Changes to This Privacy Policy for Europe

We may modify this Privacy Policy for Europe from time to time and will post the updated Privacy Policy for Europe with a “Last Updated” effective date of the revisions. We recommend that you review this Privacy Policy for Europe periodically.