This Legal Notice (hereinafter, the “Legal Notice”), together with the Privacy Policy and the Cookies Policy, governs access to and use of this website (the “Website”).

By simply accessing the Website, the person who does so becomes a User of the Website (hereinafter, “the User”). If the User does not agree with this Legal Notice, they must immediately leave the Website without using it.

By accepting this Legal Notice, the User declares:

• That they have read and understand the content of the Legal Notice.
• That they undertake all of the obligations set forth herein.

1. General information about the Website

Owner: NIPPON GASES EURO-HOLDING S.L.U hereinafter, "NIPPON GASES")

Registered office: Calle Orense, número 11, 9ª planta, 28020 – Madrid, Spain.

NIF (fiscal identification): B88128368

E-mail: info@nippongases.com

Registration information: Madrid Companies Register, Volume 37,821, Folio 195, Page 673,683, Entry 8.

2. Exclusion of liability

The User’s access to the Website does not imply an obligation for NIPPON GASES to monitor the absence of viruses, worms, or other harmful computer elements. In any case, the User is responsible for having the tools needed to detect and disinfect harmful computer programs.

NIPPON GASES is not responsible for any damage to the software and/or computer equipment of the User or third parties while using the services provided on the Website or browsing it.

NIPPON GASES is not responsible for damages of any kind caused to the User by telecommunications networks malfunctions or shutdowns that lead to the suspension, cancellation, or interruption of the Website’s service while the service is being provided or previously.

3. Content and services linked through the Website

The Website may include technical links, directories, and even search engines allowing the User to access other websites and portals on the internet (hereinafter, the “Linked Websites”). In these cases, NIPPON GASES will only be responsible for contents and services provided on the Linked Websites to the extent that it has effective knowledge of their illegality and has not disabled the link with due diligence. If the User considers that there is a Linked Website with illegal or inappropriate content, they may notify NIPPON GASES; and NIPPON GASES will review the lawfulnes of the link.

The existence of Linked Websites should under no circumstances be taken to imply the existence of agreements between NIPPON GASES and the owners or persons responsible for such websites, nor NIPPON GASES’s recommendation of, promotion of, or agreement with the statements, content, or services provided by such Linked Websites.

Unless expressly stated otherwise on the Website, NIPPON GASES is unaware may not be aware of the full content and updates of the contents and services on the Linked Websites. Therefore, it is not liable for any damage that may be caused by the unlawfulness, quality, out-of-date nature, unavailability, error, and uselessness of the contents and/or services on the Linked Websites, including any other damage that is not directly attributable to NIPPON GASES.

4. Intellectual and industrial property

All of the contents of the Website, including but not limited to the texts, documents, photographs, graphics, images, icons, technology, software, links, and any other audiovisual or audio content, as well as their graphic design and source code, may beare the intellectual property of NIPPON GASES or third parties. None of the use rights for such intellectual property, recognized by current intellectual property law, may be deemed to have been assigned to the User.

The User declares that they are the sole author of all photographs, images, texts, and/or comments (hereinafter, “the Contents”) that they publish on or send through the Website. The User declares that the use of these by NIPPON GASES does not infringe the rights of any third party. Regarding these Contents, the User freely assigns to NIPPON GASES the rights of public disclosure, reproduction, distribution, and transformation, in all forms of use existing up to the date of acceptance of this Legal Notice. Such assignment applies worldwide and for the time period comprising the entire life of the User plus seventy years after their death or declaration of death.

The trademarks, trade names, or distinctive marks published on the Website are the property of NIPPON GASES or third parties (unless otherwise stated on the Website), and no rights to these may be deemed to have been attributed to the User.

5. Annulment and invalidity of Clauses

If any clause included in this Legal Notice is declared to be null and void or invalid, in whole or in part, such annulment or invalidity will only affect that provision or the part thereof that is rendered null and void or invalid, the Legal Notice will remain valid in all other respects, and such provision will be deemed to not be included, in whole or in part.

6. Applicable law and competent jurisdiction

This Legal Notice will be governed by and construed in accordance with the laws of Spain. In the event of a dispute between NIPPON GASES and the User, the courts of the city of Madrid will have jurisdiction, unless applicable law necessarily provides otherwise.

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.

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.

 

 

 

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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