Privacy Policy Notice

Update on February 20, 2023

 

Yokogawa considers that protecting the security and privacy of your Personal Data is important. Thus, we will treat and secure your Personal Data with care and appropriate technology, and in compliance with applicable privacy laws.

PLEASE TAKE A MOMENT TO READ THIS NOTICE OF OUR PRIVACY POLICY. IT CONTAINS IMPORTANT INFORMATION ABOUT OUR PROCESSING OF YOUR PERSONAL DATA AND HOW WE KEEP YOUR PERSONAL DATA PRIVATE AND SECURE.

PLEASE DO NOT (1) USE OUR ONLINE OFFERING OR (2) PROVIDE YOUR PERSONAL INFORMATION AFTER RECEIVING THIS PRIVACY POLICY, IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY.


PART I. GENERAL TERMS OF THE PRIVACY POLICY

I.    OVERVIEW

This Privacy Policy explains how and why we collect and Process your Personal Data. The Personal Data that we Process about you depends on the context of your interactions with us, the products, the services and features that you use, your location, and the applicable laws. 
This privacy policy applies to your visit or use of Yokogawa Websites, Applications and Online Services, to the offline collection of your Personal Data after you are provided a copy of this Privacy Policy, and to our related emails, and the Processing of your Personal Data in relation with Yokogawa Online Offering or the Processing of your Personal Data stored on the servers hosting the Online Offering.
Yokogawa Websites, Applications and Online Services are directed at adults and not directed at minors or children.

Link to other Websites
We may provide links to other websites or applications of Yokogawa Affiliates or of third parties.  These websites or applications may have their own privacy policy under which your personal data will be processed. Yokogawa Electric Corporation is not responsible for the privacy practices and policies of such other websites or applications. This Privacy Policy applies only to the Yokogawa Online Offering that is linked to this Privacy Policy.

Other Applicable Terms
Our Online Offering may be provided to you at the request of the organization by which you are employed or which you otherwise represent and on behalf of which you use the Online Offering. If your organization provides you with access to an Online Offering, our Processing of Personal Data provided by or collected from you or your organization in connection with the Online Offering’s content is performed under the direction of your organization and may be subject to a data processing agreement between your organization and us. In such instance, your organization may be responsible for any Personal Data contained in such content, in which case you should first direct any questions about how Personal Data contained in such content is Processed, to your organization.
In the event of a conflict between this Privacy Policy and the terms of an agreement between you (or your organization) and Yokogawa for products and services, the terms of the agreement will control to the extent of such conflict, for the Personal Data that were provided for the performance of the said agreement.

II.    DEFINITIONS

  • “Applicable Privacy Law” means the law or regulation on data privacy protection and personal data security applicable to you or your Personal Data.
  • “Business Partner” in the context of your business relationship with Yokogawa it means our supplier, contractor, vendor, sub-processor, organization contracted to provide services for or on Yokogawa's behalf. Business Partners are under confidentiality and privacy obligations with Yokogawa. Please click here for a list of Business Partners.
  • “Cookies” cookies are small text files that store information on computer or mobile device and enable websites like ours to capture and remember information about you.
  • “Customer Portal Account” is the dedicated page located on Yokogawa Website or Yokogawa Application where you create your online account, subject to membership.
  • “Online Offering” is any the following to the extent applicable, Yokogawa Websites, Yokogawa Applications and Yokogawa Online Services.
  • “Online Services” may include but is not limited to creating and administering your Customer Portal Account, updating, securing, troubleshooting, and providing support or technical assistance.
  • “Personal Data” or “Personal Information” means the personal information or personal data as defined by the Applicable Privacy Laws. It is generally an information that could be used to identify you directly, or information that could be used indirectly (with other information) to identify you. Which includes information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you.  Personal Data, to the extent permitted by Applicable Privacy Law, does not include information that is publicly available (“publicly available information”) or anonymized.
  • “Processing” means the collection, storage, use, access, alteration, disclosure, transfer, deletion or destruction of Personal Data.
  • “Yokogawa”, “us”, “we”, or “our” means Yokogawa Electric Corporation, 9-32, Nakacho 2-chome, Musashino-shi, Tokyo 180-8750, Japan, the operator of the Online Offering (including Yokogawa Website that directed you to this Privacy Policy), and where applicable Yokogawa Affiliates when they are Processing your Personal Data from, or on, the Yokogawa Websites or the Online Offering, or on the servers hosting the Online Offering or offline collection of your Personal Data after you have been provided with this Privacy Policy.
  • “Yokogawa Affiliates” means companies owned, operated and controlled by Yokogawa Electronic Corporation. Please click here for a list of Yokogawa’s Affiliates.
  • “Yokogawa Application” or “our Application” or “Application” when referring to Yokogawa, is any of the related applications (including mobile application) that link to this Privacy Policy.
  • “Yokogawa Website” or “our Website” is any of the websites linked to this Privacy Policy and listed below.
    ・myportal.yokogawa.com

III.    PROCESSING OF YOUR PERSONAL DATA

A. When do we collect and process your Personal Data
When you voluntary provide your Personal Data offline after you have been provided a copy of this Privacy Policy, also available on the Yokogawa Websites.
When you are visiting our Websites or using our other Online Offering, we Process information (including Personal Data) which you have voluntarily provided about yourself, for which you provided your consent, or which has been generated by us in connection with your visit or use of the Online Offering, as permitted by Applicable Privacy Laws and regulations. To the extent permissible (by Applicable Privacy Laws, past consents, contract terms, etc.)  we may combine those Personal Data with Personal Data you have submitted at an earlier time or which you provide us subsequently, including in any other correspondence with us.

B. What Type of Personal Data we process
The categories of Personal Data may include but not be limited to the following:

  • Your professional identifiers and contact information, such full name, job position, your company or employer, work address, work telephone number, work mobile phone number, work fax number and work email address (“Contact Information”);
  • Information about your education and professional experience;
  • Correspondence with Yokogawa staff and Information submitted as part of a troubleshooting technical assistance or support request, or as part of a survey, chat, feedback or comment;
  • Information on your interactions with the Yokogawa Websites and Applications (including browsing history, search history, etc.), or advertisements and services accessed during your visit, the date and time of each visitor request, and recorded conversation on telephone call to the extent such recording is permitted by applicable law; 
  • Information about your device and user identifier, IP address, geolocation, information on your operating system; internet and other electronic network activity information; and
  • Inferences drawn from any of the above information to create a customer profile in order to help identify your needs for Yokogawa’s products and services.

C. How we collect your Personal Data – Source of Information Collected
We collect your Personal Data in a number of different ways including:

  • Personal Data that you provide by filling in forms either in our Online Offering, or offline after you have been provided a copy of this Privacy Policy;
  • Personal Data submitted as part of a support request, feedback, survey or comment;
  • Personal Data from your online interactions through Cookies and similar tracking technologies;
  • Personal Data from your visit, or use of other internet sites and mobile applications (including registration of other accounts) of the Yokogawa and its Affiliates, to the extent permissible,
  • Personal Data from third party data providers to whom you have given your permission to share your data (e.g., LinkedIn);
  • Personal Data communicated in the course of transactions to the extent permitted by the contract in place and Applicable Privacy Law (e.g., an existing agreement , orders, emails, business card) ; and
  • Personal Data from your other interactions with us, outside the course of a transaction between you and us after you have been provided a copy of this Privacy Policy (e.g., emails and live chats business cards, phone calls, seminar, exhibition conference, meeting);

Yokogawa may Process publicly available information about you from third-party sources, such as from the postal service, business and employment oriented social networks and websites (ex: LinkedIn), or your social media interactions with us or posts about us. As a reminder, to the extent permitted by Applicable Privacy Law, publicly available information is not considered personal data or personal information for the purpose of this Privacy Policy.

D. Purpose of the Processing
Our main reason for Processing your Personal Data is to provide and improve the services, products and experience that you and our customers expect from us. Where and as permitted under applicable laws, we may Process your Personal Information for direct marketing purposes (e.g. newsletters with further information and offers concerning our products and services) or to carry out customer satisfactions surveys, including by phone call and e-mail. 
Yokogawa may Process your Personal Data to for the following purposes:

 1.  Analytics and Marketing

  • establish and manage business or customer relationship;
  • provide you with product-related information, documents and software for product lifecycle management
  • analyze and better understand your business needs and improve our products and services;
  • provide you information about our offers on Yokogawa’s products and services through Yokogawa Websites and Applications or by e-mail or phone calls;
  • create a profile based on your interactions on our Websites, Online Services to understand your interest on Yokogawa’s products and services;
  • answer your inquiries;
  • personalize your experience; 
  • invitation to events including webinars and possibly hosting such events; and
  • put you in contact with our representatives to respond to your request for a quote

 2.  Contract

  • help manage or fulfil contracts and orders (e.g., the sale, packaging, delivery and invoicing of our products, or after sale services, maintenance and helpdesk support).  
  • improve our Online Offering including our Websites, Applications, Online Services, our products and services and customer services (e.g., by conducting customers surveys on our product and services, customers satisfaction survey, etc.).

 3.  Online Services

  • creating and administering your Customer Portal Account, updating Online Offering,
  • provide troubleshooting, support and technical assistance on our Online Offering; 

 4.  Security

  • provide you access to your Customer Portal Account; 
  • detect and prevent illegal activity, including fraud; and
  • keep our Websites, Applications and information technology systems secure.

 5.  Compliance with the Law

  • comply with laws that apply to us; and
  • perform legal requirements imposed on us.

E. Legal Basis of the Processing
Data privacy laws in some countries require us to have what is called a "legal basis" or "lawful ground" for Processing Personal Data. It means that under some of the Applicable Privacy Laws we have to have a legal justification for Processing your Personal Data.
Yokogawa Processes your Personal Data pursuant to the following legal bases:

  1. Consent – Yokogawa Processes your Personal Data pursuant to your consent (e.g., we will send you marketing communications where you have provided consent or not withdrawn your consent). Yokogawa may also Process Personal Data based on other legal grounds such as;
  2. Contract Performance – Yokogawa Processes your Personal Data in order to exercise its rights and perform its obligations under a contract with you or your organization (e.g., we have to Process your delivery details to provide you with the product that you have purchased);
  3. Legitimate Interests – Yokogawa Processes your Personal Data for its own legitimate interest (e.g., we will Process information to detect fraudulent activities and protect Yokogawa and our customers). Please note that in some countries for some purposes we do not use your data based on our legitimate interest if it is overweighed by your interests or fundamental rights and freedom granted by applicable laws.
  4. Compliance – Yokogawa Processes your Personal Data in order to comply with its legal or regulatory obligations.

IV.    RETENTION PERIODS

  1. Retention – Your Personal Data will be retained as long as necessary for the fulfilment of the purpose.  Unless indicated otherwise at the time of the collection of your Personal Data (e.g. within a form completed by you), we erase or anonymize your Personal Data if the retention of that Personal Data is no longer necessary for the purposes for which they were collected or otherwise Processed, or if the retention of that Personal Data is no longer necessary to comply with applicable laws or our legal or regulatory obligations under applicable laws or regulations (e.g., retention obligations under tax or commercial laws). We may also retain your Personal Data after the termination of the contractual relationship to the extent and as long as we need your Personal Data to establish, exercise or defend a legal claim, and in such event your data will be Processed only on the need to know basis.
  2. Consent – Where Yokogawa is Processing your Personal Data as permitted by your Consent, Yokogawa will use your Personal Data (i) only for as long as it is required to fulfil the purposes set out above or (ii) until you withdraw your consent. However, Yokogawa will retain your Personal Data as required by applicable law or to defend or exercise a legal claim as per the paragraph 1 above.
  3. Membership – Where Yokogawa is Processing your Personal Data based on your account and membership registration to the Customer Portal, Yokogawa will Process your Personal Data until you terminate your membership. Yokogawa will delete your Personal Data regarding your membership in the Customer Portal if you terminate your membership, unless it is needs to retain your Personal Data as required by applicable law or to defend or exercise a legal claim as per the paragraph 1 above.

 V.    SECURITY

The security of your Personal Data is important to us. To protect your Personal Data against accidental or unlawful destruction, loss, use, or alteration and against unauthorized disclosure or access, we use and maintain appropriate physical, technical and organizational security measures. This includes assuring that third-party service providers who access or handle Personal Data on our behalf and Yokogawa Affiliates maintain such safeguards. However, no method of internet transmission or electronic storage is 100% secure or error-free. Accordingly, we cannot guarantee absolute security of our systems and databases and, to the extent permitted by applicable law, we accept no liability for any unintentional disclosure that is not the result of our fault. Please help keep your Personal Data secured by keeping your password confidential, changing it from time to time, protecting your computer or mobile against unauthorized access and by logging out after using our Online Offering.
If you have reason to believe that the security of your interaction with us is no longer secure (e.g., if you feel that the security of any account you might have with us has been compromised), please immediately notify us by email privacy@cs.jp.yokogawa.com.

VI.    TRANSFER, SHARING OR DISCLOSURE OF YOUR PERSONAL DATA

Yokogawa may provide access to your Personal Data or transfer your Personal Data to:

  • Yokogawa Affiliates;
  • Business Partners in connection with the purposes or our business relationship with you (e.g., organizations contracted to provide services for or on Yokogawa's behalf, where the provision of such services requires access to such information);
  • Business Partners, including those which provide IT services to Yokogawa and which Process such data only for the purpose of such services (e.g., providing cloud service or IT maintenance and support services);
  • Prospective or actual purchasers in the framework of any business operations affecting our group, such as mergers and acquisitions (subject to Applicable Privacy Laws); and
  • Third parties in connection with complying with legal obligations (e.g., to regulators, law enforcement and government or public authorities when required to make such disclosure pursuant to applicable laws and regulations); and
  • Third parties in connection with establishing, exercising, protecting the rights of, or defending claims against Yokogawa and its Affiliates (e.g., for court or arbitration proceedings, to attorneys and consultants).

The recipients of your Personal Data may be located outside of the country in which you reside. When access or transfer to a country is subject to restrictions or conditions under the Applicable Privacy Law, such transfer or access will only take place to the extent permitted and where Yokogawa takes appropriate safeguards (e.g., execution of standard contractual clauses or code of conduct) and/or conduct assessments as required under Applicable Privacy Law. 
Our data server storing your Personal Data is located in Japan and/or USA, unless you are subject to data localization or data residency laws or Applicable Privacy Laws that prohibits us from Processing the data in Japan and/or USA.

VII.    YOUR RIGHTS

1.  In Relation to our Processing of your Personal Data
The Applicable Privacy Law in the jurisdiction where you reside may entitle you to specific rights in relation to your Personal Data. Subject to the legal requirements under the Applicable Privacy Laws, you may be entitled:

  • To be informed on the Personal Data we collect or Process about you;
  • To be informed on the categories of Personal Data we collect or Process how, why and on which legal basis;
  • To request access to your Personal Data as Processed by Yokogawa;
  • To request the correction of inaccurate Personal Data related to you;
  • To request erasure, anonymization or deletion of your Personal Data;
  • To request restriction of our Processing of your Personal Data;
  • To object to our Processing of your Personal Data;
  • To object to the selling of your Personal Data; or 
  • To request data portability related to your Personal Data.

2.  In Relation with our Marketing Information
You may receive marketing communication by phone call or email. For communication by email, if at any time you would like to remove your name from our email marketing lists, please click on the “unsubscribe” link in our emails, for communication by phone  to remove your name from our phone list please use the available opt-out mechanism provided in the phone communication you received. You can also opt-out by sending an email at privacy@cs.jp.yokogawa.com with the subject “Opt-out from Marketing Communications” and in the body of the email your name and the phone number or email address you would like to have remove from our marketing communication lists.  
If you choose to unsubscribe from marketing communication you may be given the option to either unsubscribe from the Newsletter only (for emails with the newsletter) or all marketing communications, we will stop at your request such communication. However, if you have opened an account we may need to use your email address but only for communicating important information linked to your account such as change of terms and conditions of the Privacy Policy.

3.  In Relation with Cookies
Our Websites and Applications may use of web analytics tools that also collect information about users through the use of cookies and similar tracking technologies, (e.g., internet tag technology, web beacons, embedded scripts, or tracking pixels),  to save your preferences for future visits, and to compile data about your interactions to analyze your activity with our Websites so that we can understand your interest in our products and services. 
If used by us without your consent, these Cookies are strictly necessary to provide you with certain functionalities or features of our Websites or to provide you with a service that you requested via the Online Offering. Other Cookies (e.g., Cookies for marketing purposes) will only be used based on your consent. Subject to Applicable Privacy Law for some countries Yokogawa has your consent if priorly given and not withdrawn (“opt-in”), or in other countries Yokogawa is deemed to have your consent unless you notify us of your intent to withdraw your consent (e.g., “op-out” request). Please use the appropriate mechanism made available or listed in Part II of this Privacy Policy for your country. 
If there is no mechanism made available please be aware the web browsers used by most people may be modified to either accept all cookies, notify the user when a cookie is sent, or reject all cookies. If you do not want to have any Cookies placed on your device, you should set your browser to refuse all Cookies before accessing our Website. Each web browser is a little different, please check with your provider (e.g., Safari, Google Chrome, Microsoft Edge, Firefox, etc.)   to find out how to disable cookies. 
If you decide to reject all cookies, please note that it may not be possible to utilize certain functionalities or features of the Online Offering available through Yokogawa Websites.

VIII.    DATA PRIVACY ORGANIZATION CONTACT

If you want to exercise your data privacy rights as stated in this Privacy Policy or you have any questions about this Privacy Policy, our contact information is as follows:

Yokogawa Chief Privacy Officer and Data Privacy Organization 
Our Chief Privacy Officer (CPO) and the Data Privacy Organization responsible for handling privacy inquiries are designated as below to oversee all matters related to your privacy and handle privacy-related complaints. You may make inquiries or raise complaints regarding privacy issues through the contact points below. 

Chief Privacy Officer

Data Privacy Organization Handling Privacy Complaints

Name: Yukihiro FUNYU
Email: privacy@cs.jp.yokogawa.com

Department: Digital Strategy Headquarters
Email: privacy@cs.jp.yokogawa.com

You may have a specific data privacy contact for your country or region listed in the country/region specific regulations below.

IX.    CHANGES

Yokogawa may update this Privacy Policy. If Yokogawa makes material changes in a way that significantly changes how we Process your Personal Information,  we will notify you to give you the opportunity to review the changes before they become effective. If you object to any changes, you may close your Customer Portal Account.
To the extent permitted by Applicable Privacy Law your continued use of the Online Offering after Yokogawa publishes or sends a notice about our changes to this Privacy Policy means that you acknowledge or agree that the Processing of your Personal Data (e.g., collection, access, use and sharing) is subject to the updated Privacy Policy. Where required by Applicable Privacy Law we may ask for your express consent or acknowledgement.

X.    TRANSLATION

This Privacy Policy has been translated from English to the other official languages of several countries. Please understand we have made such translation to facilitate your understanding. However, to the extent permitted by applicable law, if there are any conflicts or inconsistencies between a translated version and this English version, this English version will prevail.

PART II. TERMS OF THE PRIVACY POLICY FOR SPECIFIC JURIDICTIONS

XI.    REPUBLIC OF SOUTH AFRICA

When Personal Data processing occurs by a responsible party (i) regarding Personal Information in South Africa, (ii) domiciled in the Republic of South Africa, or (iii) not domiciled in the Republic of South Africa but makes use of automated means or non-automated in the Republic of South Africa, South Africa’s Protection of Personal Information Act (POPIA) applies. 
“POPIA" means the Protection of Personal Information Act No. 4 of 2013.
Regarding this data Privacy Policy, when POPIA applies to your Personal Data, the following additions/amendments will be applied to the said policy:
Please take a moment to read the notice of our privacy policy before you make use of Yokogawa websites, applications and online services or provide Yokogawa with any personal information. 

A.  Processing of your Personal Data

  1. Personal Data which you have voluntarily provided in accordance with point “A” of Item III. PROCESSING OF YOUR PERSONAL DATA of the Privacy Policy, may be combined with Personal Data you have submitted at an earlier time or which you provide us subsequently, including in any other correspondence with us since (i) their retention period is still valid (ii.) their Processing is in accordance or compatible with the purpose for which it was collected.
  2. Personal Data must be collected directly from you, except as otherwise permitted by POPIA.  
  3. You agree that we may Process your Personal Information for direct marketing purposes, or to carry out customer satisfactions surveys, including by phone call and e-mail. Yokogawa will ensure that a reasonable opportunity is given to you to object to the use of your Personal Data for Yokogawa's marketing purposes when collecting the Personal Data, and on the occasion of each communication to you for purposes of direct marketing.

B.  Retention Period
We may retain your Personal Data after the termination of the contractual relationship to the extent permitted by POPIA.  

C.  Transfer, Sharing or Disclosure of your Personal Data
When Personal Data is transferred to a jurisdiction outside of South Africa - To the extent cross border consent is required under POPIA- Yokogawa will seek to obtain the necessary consent to transfer the Personal Data to such foreign jurisdiction, or it also may transfer the Personal Data where Yokogawa is permitted to do so in accordance with the provisions applicable to cross-border flows of Personal Information under POPIA.

D.  Your Rights 
In additions to the rights mentioned in the Privacy Policy in IV.1, you are also entitled to:

  1. Withdraw your consent at any time.
  2. Request destruction of your Personal Data.
  3. Object to the Marketing of your Personal Data.
  4. Not to have a decision made about you that is based solely on automated processing, including profiling if that decision produces legal effects about you or significantly affects you.
  5. Complain to a data protection authority responsible for overseeing compliance with data protection law in your jurisdiction about our collection and use of your personal information if you believe our processing of your personal information does not comply with data protection law.

Enactment/Revision History

  • November 8, 2021:  Enacted
  • February 20, 2023:  Major revisions include the addition of offline means of collecting personal data, clarification of opt-out methods in marketing communications, the addition of distributors as co-users of personal data, the addition of “REPUBLIC OF SOUTH AFRICA” in PART II.

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