Cookies Policy

1. Use of cookies on the Website

This Website uses its own cookies and third-party cookies for analytical, technical, and profiling purposes, processing the data needed to create profiles based on the User’s browsing habits.

2. What is a cookie?

This Website uses cookies and/or similar technologies that store and retrieve information when you browse. In general, these technologies can be used for many different purposes, such as recognizing you as a user, obtaining information about your browsing habits, or customizing the way content is displayed. Below, we describe the specific ways in which we use these technologies.

In addition, these technologies may be own or of third parties. Own cookies are those that are sent to the user's terminal equipment from a computer or domain managed by the editor itself and from which the service requested by the user is provided; and third parties cookies are those that are sent to the user's terminal equipment from a computer or domain that is not managed by the publisher, but by another entity that processes the data obtained through cookies.

3. What kinds of cookies does this Website use and who uses them?

4. How can I block or delete the cookies used by this Website?

The User can allow, block, or delete the cookies installed on their computer by configuring the options of the browser installed on their computer or through the settings panel provided to the User. If you accept third-party cookies, you can also delete them by using the system offered by the third party.

Next, we indicate how to modify the cookie settings according to the browser options installed on your computer:

- Google Chrome:
- Mozilla Firefox:
- Internet Explorer:
- Opera:
- Safari:

Blocking the installation of the cookies does not prevent the User from effectively using the Website.

You can receive information regarding any transfers to third countries that may be carried out by the third parties identified in the table above in their respective policies (see the links provided in the “More information” column).

If you have any questions or queries regarding the use of cookies carried out through this Website, you can address it to the following email info@nippongases.com

Privacy Policy

1. Data Controller

The Data Controller for the data collected through this Website is:

NIPPON GASES EURO-HOLDING, S.L.U. (hereinafter, “NIPPON GASES”).
Calle Orense, número 11, 9ª planta, 28020 – Madrid, Spain.
datos.spain@nippongases.com

2. Purpose and legal basis of the data processing

The personal data of the User of this Website will be processed for the following purposes:

• Responding to information requests made and/or questions asked by the User. The data processed for this purpose will be retained until the information request and/or question has been answered and, after this, during the legally established periods for data retention and for the expiration of liability. The legal basis of the processing is the legitimate interests pursued by the controller or by a third party.


• Informing the User, including through electronic means, of products, services, and updates from NIPPON GASES and the other companies in its business group (which can be consulted on this Website). The data processed for this purpose will be retained until the User withdraws their consent for receiving these communications and, after this, during the legally established periods for data retention and for the expiration of liability. The legal basis of the processing is the User’s consent.
  
  

3. Recipients

NIPPON GASES may disclose the User’s data to the following third-party recipients: Government Agencies for compliance with legal obligations. It may also disclose the data to the following categories of data processors: providers of electronic communications, office automation, hosting, housing, computer maintenance, management, accounting, auditing, consulting, and legal counsel. Some of these data processors may be located outside the European Economic Area, in which case NIPPON GASES will have signed with them the standard contract clauses approved by the European Commission.

4. Rights

The User may exercise before NIPPON GASES their rights of access, rectification, erasure, restriction of processing, data portability, and objection.

Moreover, in data processing where the legal basis is the consent given by the User, the User has the right to withdraw such consent at any time, without this affecting the lawfulness of the processing based on the User’s consent prior to its withdrawal.

To exercise these rights, the User may send their request to calle Orense, número 11, 9ª planta, 28020 - Madrid, Spain, or to the email address datos.spain@nippongases.com.

NIPPON GASES has designated a Data Protection Officer who can be contacted by standard mail at Calle Orense, número 11, 9ª planta, 28020 - Madrid, Spain, or by email at datos.spain@nippongases.com.

In any event, the User is entitled to submit a claim to the relevant supervisory authority if they deem this appropriate.

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://nippongases.com/de-de.

1. Who is responsible for data processing and who can I contact?

Responsible is the:

NIPPON GASES 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@nippongases.com

2. Which sources and data are used?

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 Gases 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 Gases 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 Gases 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 Gases 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 Gases 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 Gases 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 Gases Deutschland GmbH in compliance with the GDPR and the BDSG.

Within Nippon Gases 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 Gases 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 Gases 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: mailto: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

Privacy Policy for Customer Area

1. Data Controller

The Data Controller for the data collected through this Website is:

Nippon Gases Deutschland GmbH (hereinafter, “NIPPON GASES”).
Registered office of the company: Düsseldorf
Local court Düsseldorf: HRB 51955
VAT ID No.: DE320942833
Telephone: +49 211 2600 0

Contact details of the data protection officer:
E-mail: datenschutz.germany@nippongaes.com 

2. Purpose and legal basis of the data processing

The personal data of the User of this Website will be processed for the following purposes:

Contact form: 

• Responding to requests for information and/or questions submitted by the user. The legal basis for the processing is the legitimate interests pursued by the controller or by a third party in accordance with Art. 6 (1) (f) GDPR.

Newsletter

• Informing the user, including by electronic means, about products, services and updates from NIPPON GASES and the other companies in its group (which can be viewed on this website). The data processed for this purpose will be kept until the user withdraws his/her consent to receive these communications and thereafter for the legally established data retention and liability periods. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. The legal basis for processing is the user's consent in accordance with Article 6(1)(a) GDPR.

Registration application

• You can register as an existing or new customer for order processing. Registration gives you access to an ordering service where you can place orders and access invoices and other order data. Data processing is carried out on the basis of pre-contractual measures taken at the request of the data subject or processing is necessary for the performance of a contract to which the data subject is a party. Lawfulness is in accordance with Art. 6 para. 1 lit. b) GDPR. If no contractual relationship is established during registration, the processing is based on a legitimate interest of the controller pursuant to Art. 6 (1) (f) GDPR. The legitimate interest is to simplify the process of ordering and registering customers.
  
   

3. What personal data is processed?

Contact form

Mandatory fields:
- First name
- Last name
- Company name
- E-mail address
- City/town
- Postal code
- Your message

Optional fields:
- Phone

Newsletter

- First name
- Last name
- e-mail address 

Registration form
Mandatory fields:
- First name
- Last name
- e-mail address
- Telephone number
- Legal company name on the invoice
- Company address
- City
- Postal code

Optional fields:
- Customer number
- VAT ID

4. Recipients

Your data will only be passed on in compliance with the GDPR and the BDSG.
NIPPON GASES may disclose the user's data to the following third party recipients: Government authorities to fulfill legal obligations. It may also disclose the data to the following categories of data processors: Electronic communications providers, office automation, hosting, accommodation, computer maintenance, management, accounting, auditing, consulting and legal counsel. Some of these data processors may be located outside the European Economic Area. In this case, NIPPON GASES will have signed with them the standard contractual clauses approved by the European Commission. 
Companies that are part of Nippon Sanso Holdings Corporation, provided that the personal data is required for the fulfillment of a purpose and data protection contracts are in place,

5. How long will your data be stored?

Contact form:
The data processed for this purpose will be retained until the request for information and/or question has been answered and thereafter for the legally stipulated periods for data retention and for the expiry of liability.

Newsletter:
The data processed for this purpose will be retained until the user withdraws their consent to receive these communications and thereafter for the legally established periods for the retention of data and for the expiry of liability. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

Registration application:
The data processed for this purpose will be retained until the registration account is deleted and thereafter for the legally stipulated periods for data retention and for the expiry of liability.

6. Is data transferred to a third country or to an international organization?

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 will only take 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.Rights

You have the right to access (Art. 15 GDPR), rectification (Art. 16 GDPR), erasure (Art. 17 GDPR), restriction of processing (Art. 18 GDPR) and data portability (Art. 20 GDPR) under the respective legal requirements.
Furthermore, pursuant to Art. 21 GDPR, you have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Article 6(1)(f) GDPR. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of legal claims.
You can address your objection informally to the contact details of the DPO described above.

8. Right to lodge a complaint with a supervisory authority:

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 Gases Deutschland GmbH.

Responsible supervisory authority:

State Commissioner for Data Protection and Freedom of Information
North Rhine-Westphalia
P.O. Box 20 04 44
40102 Düsseldorf

Phone: 0211/38424-0
Fax: 0211/38424-999
E-mail: poststelle@ldi.nrw.de

Information in accordance with Art. 13, 14 and 21 of the General Data Protection Regulation

Our handling of your data and your rights

This data protection notice informs you about the processing of your personal data by us and the rights to which you are entitled.

1. Who is responsible for data processing and who can I contact?

Responsible is the

Nippon Gases Deutschland GmbH

Hans-Böckler-Straße 1

40476 Düsseldorf

Contact details of the data protection officer:

Address as above: "c/o Data Protection Officer",

E-Mail: datenschutz.germany@nippongases.com

2. Which sources and data are used? 

Nippon Gases Deutschland GmbH processes video recordings from dashcams, which could in particular result in the following personal data being processed on a case-by-case basis:

• Vehicle licence plate
• Image recordings of a person themselves (e.g. as a party to an accident or possibly a passer-by in the immediate vicinity, if an incident-related recording was made)
• Recording of an administrative offence (accident)

Recording is not carried out as ring storage, i.e. the entire route is not filmed and older video data is only overwritten when the memory is filled with video data.

Although a recording is made, it is only saved for the last four seconds before and four seconds after the event, provided that an event-related incident has occurred. This could happen, for example, as a result of abrupt braking, excessive speed or cornering too fast.

3. What is my data processed for (purpose of processing) and on what legal basis?

The processing of personal data is necessary for the purposes of the legitimate interests pursued by the controller in accordance with Article 6(1) (f) GDPR.

The person responsible has a legitimate interest in tracing the course of an accident/incident in order to subsequently clarify any liability issues.

4. Who receives my data?

Your personal data will only be passed on by Nippon Gases Deutschland GmbH in compliance with the GDPR and the BDSG and to clarify any liability issues.

Nippon Gases Deutschland GmbH also commissions forwarding agents to deliver media, which means that this data may also be viewed by the respective forwarding agent in order to fulfil the described purpose.

Utilisation and forwarding to other bodies is not intended.

5. How long will my data be stored?

Your personal data will only be stored for as long as is necessary to fulfil the purpose for which it was collected.

If a recording is made by mistake, for example because an emergency stop has occurred without any further consequences, the data will be deleted after one year at the latest for technical reasons, without any other processing taking place.

If the recording has taken place due to an accident or other possible liability issues, the data will be deleted after clarification of the liability issues, provided that no statutory retention periods prevent deletion. In such matters, the personal data will be deleted after the statutory retention period.

6. Is data transferred to a third country or to an international organisation?

Your data will not be transferred to countries outside the European Economic Area - EEA (third countries).

7. What other data protection rights do I have?

You have the right to the following under the respective legal requirements:

• Access (Art. 15 DS-GVO),
• Rectification (Art. 16 DS-GVO),
• Erasure (Art. 17 DS-GVO),
• Restriction of processing (Art. 18 DS-GVO),
• and to data portability (Art. 20 DS-GVO).

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 Gases Deutschland GmbH.

Competent supervisory authority:

Landesbeauftragte für Datenschutz und Informationsfreiheit

Nordrhein-Westfalen

(State Commissioner for Data Protection and Freedom of Information North Rhine-Westphalia)

P.O. Box 20 04 44

40102 Düsseldorf

Phone: 0211/38424-0

Fax: 0211/38424-999

E-Mail: poststelle@ldi.nrw.de

In accordance with the Directive (EU) 2019/1937, Nippon Gases Euro-Holding, S.L.U. approved for the European Nippon Gases Group companies a Whistleblowing Policy and Procedure with the purpose to establish the necessary provisions for the Internal Whistleblowing System and the existing internal information channels.

This document summarizes the main points of the procedure:

1. Nippon Gases Internal Whistleblowing System

The Nippon Gases Internal Whistleblowing System is the main channel for reporting possible irregularities that may involve violations regarding acts or conducts referring to the areas of application indicated in the Corporate Policy on the Internal Whistleblowing System of the Nippon Gases Group.

Reports may be submitted with identification of the reporting person or anonymously.

This channel allows the submission of reports through:

• EthicsPoint external platform accessible through https://secure.ethicspoint.eu/domain/media/eseu/gui/105848/index.html

 

• E-mail: compliance@nippongases.com

 

• Compliance hotline (the numbers for each country are published in EthicsPoint platform)

At the request of the reporting person, reports may also be submitted verbally by means of a face-to-face or videoconference systems.

All reports will be received by the European Chief Compliance Officer and the European Human Resources Director who are both members of a collegiate entity performing the duties of the Internal Whistleblowing System Manager and will hereinafter be referred to jointly as System Managers.

It is also possible to file a report by communicating it to one's supervisor, the local Compliance Champion, or the Human Resources function or the Legal Department.

2. Stages of the procedure

2.1. Registration phase

Any report submitted to one of the aforementioned internal channels, in compliance with the principle of good faith, will be acknowledged within seven days of receipt.

The reporting person must provide the data he/she deems necessary. In case of choosing the EthicsPoint external platform, the reporting person must send the report by filling in the data collection form available.

2.2. Analysis phase

The reports received will be subject to an admissibility analysis. Excluded from the scope of the Internal Whistleblowing System are reports that:

• do not fall within the material scope of the Directive and/or do not relate to facts/conduct concerning violation of Nippon Gases Code of Conduct or irregularities that may involve violations of the internal regulations applicable to Nippon Gases Group companies;

 

• are based on mere rumors and/or are not based on specific facts;

 

• specifically concern the content of a file/document not accessible to the company and not provided in the communication.

Considering the above exclusions of inadmissibility, the person in charge will communicate the admission/ non-admission decision to the reporting person.

The analysis phase ends with the selection of the team/person responsible for the investigation, which will correspond to the local compliance department or to the person/s designated by the System Managers, depending on the object of the report. In any case, the team/person responsible for the investigation will never be related to the facts under investigation, so as to avoid any conflict of interest. Nevertheless, if one of the person appointed to conduct the investigation has a conflict of interest in relation to the matters brought to his or her attention, he or she shall refrain from handling them.

2.3. Research phase

The investigation will be initiated as soon as possible.

The investigation will be carried out in accordance with the defined internal procedures, in compliance with the guarantees provided for in the Nippon Gases Europe Policy on the Internal Whistleblowing System and, in any case, guaranteeing for all persons concerned:

• respect for the presumption of innocence and honor, as well as the right to defense;

 

• the right to be heard at any time;

 

• the right to be informed about the actions or omissions attributed to him/her.

 

• the preservation of their identity and the confidentiality of the facts and data of the proceeding.

The investigation procedure may include:

• personal interviews with the reporting person to gather more information;

 

• personal interviews with the departments and/or persons directly or indirectly involved in the events/conduct that are potentially irregular, as identified by the individuals responsible for the investigation;

 

• data analysis and information gathering;

 

• request for expert evidence from internal or external professionals;

 

• other investigative or evidentiary steps that are considered relevant and are the least burdensome possible in relation to the legal position of the person concerned.

2.4. Resolution phase

The System Managers shall make an assessment of the facts/conduct that is the object of the report, based on the investigation conducted, and shall communicate their findings to the parties concerned as soon as possible.

In the event of non-compliance by an employee, the System Managers will forward the file to the Human Resources Department for appropriate action to be taken.

The resolution period may not exceed three months from receipt of the communication or, if no acknowledgement of receipt was sent to the reporting person, three months from the expiration of the seven-day period after the communication was made, except in cases of particular complexity requiring an extension of the period, in which case, the period may be extended up to a maximum of three additional months.

3. Protection of personal data

The Internal Whistleblowing System is designed, established and managed in a secure manner, so as to guarantee the confidentiality of the persons involved in the reports and the actions carried out in the management and processing of these, as well as data protection.

Personal data will not be collected if it is manifestly not relevant to the processing of specific information or, if collected by accident, will be deleted without undue delay.

Personal data relating to the information received and to the internal investigations referred to in the preceding paragraph shall only be kept for such period as is necessary in accordance with applicable law.

4. Protective measures

The reporting persons shall be entitled to protection provided that none of the exclusions set forth in section 2.2 apply and provided that the following circumstances are met:

• he/she have reasonable grounds to believe that the information referred to is truthful, even if they do not provide conclusive evidence, and the said information falls within the scope of the Internal Whistleblowing System.

 

• the report has been made in accordance with the requirements set forth in the Corporate Policy on the Internal Whistleblowing System and in this Procedure.

Persons who have communicated information about actions or omissions anonymously, but who have subsequently been identified, are also entitled to protection.

Nippon Gases Group expressly prohibits acts constituting retaliation, including threats of retaliation and attempts to retaliate against persons who file a report that complies with the requirements of the Corporate Policy on the Internal Whistleblowing System and applicable law.

The good faith of the reporting person is a prerequisite for his/her protection. The legislation in this area excludes from protection persons who have knowingly submitted false or misleading information, as well as those who have obtained it unlawfully.

¹Retaliation means any acts or omissions that are prohibited by law, or that directly or indirectly involve unfavorable treatment that places the persons suffering them at a particular disadvantage compared to another in the employment or professional context, solely because of their status as whistleblowers, or because they have made a public disclosure. Among others, the following are considered retaliation for the purposes of the Directive: suspension of the employment contract, dismissal or termination of the employment relationship, demotion or denial of promotion, intimidation, harassment, discrimination, or unfavorable or unfair treatment.

²The full document is available here