Information on data protection
With this web-based whistleblowing system (hereinafter the “BKMS® System”) FUJIFILM Europe GmbH ( “FEG” or “we”) provides a means for reporting specific compliance violations concerning all FUJIFILM entities, branches and employees located in Europe, the Middle East and Africa ( “FUJIFILM in EMEA”). The processing of personal data in the BKMS® System is based on the legitimate interest of FUJIFILM in EMEA to detect and prevent misconduct in our group and thus to avoid damage to FUJIFILM companies, their employees and customers.
We take data protection and confidentiality very seriously and adhere to the provisions of the EU General Data Protection Regulation ( “EU-GDPR”) as well as current national data protection regulations. The following will explain the handling of personal data that may be included in reports submitted by you via the BKMS® System. Personal data means any information that identifies a person or at least make a person identifiable, such as email address, phone number, job title, location data, etc.
Responsible party and technical maintenance
The party responsible for the use of the BKMS® System and for processing of the reports within FUJIFILM in EMEA is FUJIFILM Europe GmbH, Heesenstrasse 31, 40549 Düsseldorf, Germany.
Technical operation and maintenance of the BKMS® System is performed by a third party, EQS Group AG, Bayreuther Straße 35, 10789 Berlin, Germany (“BKAG”), on behalf of FUJIFLM. Personal data and information entered into the BKMS® System are stored in a database operated by BKAG in a high-security data centre. All data is encrypted, password-protected and stored at a secure location. Please note that BKAG itself does not have any access to information that you submit via the BKMS® System. Access to the content you submit is limited to a small circle of authorized persons of FUJIFILM.
Confidential handling of reports
Incoming reports submitted by you are handled by a small circle of expressly authorized and specially trained employees of the Compliance Department of FEG in a strictly confidential manner. The recipients of the incoming reports evaluate the matter, perform further internal investigations, if required, and, if necessary, involve other Corporate Divisions of FEG (such as the European Legal Department or European HR Department) and/or the responsible Data Protection Officer for further processing of the report.
During processing of a report or internal investigation, it may become necessary to share reports with additional employees of FUJIFILM in EMEA or external investigation specialists. All such persons are either subject to professional secrecy or bound to confidentiality by appropriate contractual arrangements.
Sharing information with recipients outside the EU/EEA
In order to conduct or complete internal investigations personal data that you have provided in your report may be transferred to FUJIFILM entities or third parties outside the European Union (EU) or the European Economic Area (EEA). In cases where the confidential treatment of personal data by a recipient outside EU/EEA is not guaranteed by law to the same extent as it is in the EU/EEA we use adequate instruments to ensure that the relevant FUJIFILM entity or third party provides sufficient guarantees for the same protection of personal data as it is required under the applicable European laws, including in particular the EU-GDPR.
Access of government agencies
FEG may also be required by law to provide government agencies or courts with information about compliance violations. In this case as well as in the event of loss or confiscations of company assets, we might not be able to withhold the information provided by you.
Type of the collected personal data
Use of the BKMS® System takes place on a voluntary basis. If you submit a report via the BKMS® System, we collect the following personal data and information:
- your name, if you choose to reveal your identity,
- whether you are employed at FUJIFILM, and
- the names of persons and other personal data of persons that you name in your report.
Information of the incriminated person
As a basic principle, we are bound by law to inform the incriminated person that we have received a report concerning him or her. As such information can potentially jeopardize our ability to effectively investigate the allegation the information to the incriminated individual may be delayed as long as such risk exists.
Rights of the data subjects
According to European data protection law, you and the persons named in the report have the right to access, rectification, erasure, restriction of processing and the right to object to processing of personal data concerned. However, the exercise of these rights may be restricted in order to ensure the protection of the whistleblower. Even if the whistleblower discloses his or her identity the person accused in a whistleblower's report can under no circumstances obtain information from us about the whistleblower's identity on the basis of the accused person's right of access, only except where the whistleblower has maliciously made a false statement concerning the person accused. In all other cases, we guarantee the whistleblower's confidentiality to the utmost extent legally possible.
Retention period of personal data
We will at all times strive to accelerate our investigations of any alleged misconduct and complete such investigations as soon as reasonably possible. Personal data is only retained for as long as necessary to clarify the situation and evaluate the report, a legitimate interest of FUJIFLM exists or it is required by law. After the report processing is concluded, this data is deleted in accordance with statutory requirements.
Use of the reporting portal
Communication between your computer and the BKMS® System takes place via an encrypted internet connection (SSL). Your IP address will not be stored during your use of the reporting system. In order to maintain the connection between your computer and the BKMS® System, a cookie is stored on your computer that merely contains the session ID (a so-called null cookie). This null cookie is only valid until the end of your session and expires when you close your browser or switch off the device.
For communication between you and the Compliance Department of FEG, the BKMS® System allows you to set up a postbox secured with your individually chosen pseudonym/user name and password. This allows you to communicate with the Compliance Department of FEG either in an anonymous or non-anonymous way, depending on your preference and free choice. The BKMS® System stores data only inside the system, which makes it particularly secure against unauthorized access of personal data. Thus, for your communication with the Compliance Department of FEG, you will not be dependent on ordinary and less secure e-mail communication.
Note on sending attachments
When submitting a report or an addition to a report, you may attach electronic files. If you wish to stay anonymous, please be aware that such files may contain hidden personal data that could compromise your anonymity. Remove this data before sending, for example by blackening of the relevant text. If you are unable or unsure how to do so, copy the text of your attachment into your report text or send the printed document anonymously to the address listed in the footer, citing the reference number received at the end of the reporting process.
Consent and voluntary nature
By using this BKMS® System, you agree that your personal data, to the extent provided by you, will be collected, processed and used as described above. If you do not want FUJIFILM to collect, process and use your personal data as described, you may submit your report anonymously. The disclosure of your personal data is voluntary, as is the use of the BKMS® System.
We would, however, appreciate it if you state your full name and contact details as many internal investigations can be facilitated if the name of the whistleblower is known.
Data Protection Officer
FEG has appointed a data protection officer. Questions on data protection may also be directly sent to him via the following email address: privacyoffice_eu@fujifilm.com. Please note that the use of this e-mail address does not guarantee the same level of anonymity as it is the case with the BKMS® System.