FAIR PROCESSING NOTICE FOR EMPLOYEE PERSONAL INFORMATION

Last Updated: December 19, 2019

PART I. ABOUT THIS NOTICE

This Fair Processing Notice (“Notice“) relates to the processing of personal information of current and past personnel including employees, temporary workers, interns, and applicants for employment (“Employee(s) and “you“) of BANDAI NAMCO TOYS & COLLECTIBLES INCORPORATED AND BANDAI NAMCO HOLDINGS USA INC. (“COMPANY“, “we“, “us” and “our“).

This Notice sets out the types of personal information that we collect and process about Employees and their dependents and beneficiaries (“Employee Personal Information“), the purposes for which we process Employee Personal Information and the rights that you have in relation to the Employee Personal Information that we process about you. It also outlines the standards by which we will process Employee Personal Information.

Please read this Notice carefully. If you have any questions or comments please contact us by using our contact details specified in Part VII below.

PART II. INFORMATION COLLECTION AND USE

What information do we collect?

We process Employee Personal Information in order to perform COMPANY business functions, fulfil obligations to you concerning your employment and to comply with legal obligations arising out of our employment relationship with you.

For example, we may collect the following Employee Personal Information about you:

Name and other personal information such as gender, date of birth, place of birth, photograph, marital status.
Contact information, such as postal address, telephone number, e-mail address and emergency contact names and their contact information.
Professional information such as employment application and/or resume/CV, past employment history, including prior employers, prior compensation and references in order to evaluate potential employees for employment.
Other academic and training related information, such as academic degrees, professional qualifications, certifications or trainings and security clearance information.
Social security or other insurance or other government issued identification information or similar identifiers for payroll administration.
National identifiers and immigration status – such as national ID/Passport, immigration status, visas (where permitted under applicable law).
Family data and health-related information in order to provide applicable benefits. For instance, we may collect personal information (e.g. names, age, contact details) about your family, dependants and beneficiaries for emergency contact details or to provide health or insurance benefits to them.
Pay and financial information for payroll, taxes, expense reimbursement and related purposes, including base salary, bonus, benefits, incentive compensation, bank information and credit card information.
Information necessary to evaluate the performance of Employees, including salary reviews, disciplinary records, talent reviews and performance appraisals.
Management records such as working time records, vacation / holiday and other paid time off or absence records.
System access information such as system ID, e-mail account, IT-infrastructure logs, login information, and electronic content produced as a result of your use of our systems.
Other information you choose to share with us (e.g. personal preferences, hobbies).

We collect much of the Employee Personal Information directly, but may also collect it from third parties (e.g. we may conduct background check through a third party vendor and/or collect information about your past education, employment, as allowed by applicable law).

Within Employee Personal Information, we may also collect certain types of personal information that is treated as “sensitive” information, if permitted or required by local law. Sensitive information includes, for example, information relating to a person’s race or ethnic origin, political opinions or religious beliefs, physical or mental health or condition of you, your family members or your dependents, sexual orientation, trade union membership, genetic data, commission or alleged commission of criminal offences and any related legal actions or the processing of biometric data for the purposes of uniquely identifying an individual (“Sensitive Employee Personal Information“).

Although we aim at minimizing the amount of Sensitive Employee Personal Information that we process, we may process such information in certain circumstances, such as when we are required to do so by law (e.g. equal opportunity monitoring or internal policies relating to diversity and anti-discrimination) or it is necessary to provide you with a service (such as a health or other benefit, disability access) or we are performing a criminal background check. To the extent the information you provide contains Sensitive Employee Personal Information, you expressly authorize us to handle such information as specified in this Notice. You can withdraw your consent to the processing of your Sensitive Employee Personal Information. If you wish to do so, please contact us by using our contact details specified in Part VII below.

How do we use the information we collect?

We will generally process Employee Personal Information for staffing and human resources purposes (“HR Purposes“), including but not limited to:

entering into employment contract, administering and maintaining your personnel records (including sickness and other absence records);
assessing your fitness for work;
paying you and reviewing your salary;
considering any bonus and other payments due to you (where applicable);
providing and administering any benefits applicable to you such as pension, life, health and medical insurance;
using a global directory of employees in order to facilitate global communication and team work;
analyzing sales and sales related activity relating to you;
considering your career and succession planning;
conducting your performance appraisals and reviews;
considering your development and training;
considering resources and skills allocation;
regulatory and legal compliance;
providing references and information to future employers;
providing information to governmental and regulatory agencies (including tax and social security authorities);
conducting other legitimate purposes, such as to help conduct the business more effectively and efficiently (e.g. we may deploy specific technologies for the purposes of IT security and management, accounting purposes or financial planning);
complying with laws and regulations, respectively to exercise or defend our legal rights; and
providing information in relation to the re-organisation of our business (e.g. to any future purchaser of any part of our business).

PART III. LEGAL GROUND FOR PROCESSING

Our legal basis for collecting and using Employee Personal Information will depend on the Employee Personal Information concerned and the context in which we collect it. However, most of the processing of the Employee Personal Information by us will take place on the basis of performance of a contract (e.g. where your banking details are processed in order to make salary payments), to comply with legal obligations (e.g. where employment or other laws require the processing of Employee Personal Information) or in our (or a third party’s) legitimate interests (so long as those legitimate interests are not overridden by your data protection interests or fundamental rights and freedoms). In some cases, we may need Employee Personal Information to protect your vital interests or those of another person (e.g. we may need to share your Employee Personal Information with third parties in the event of an emergency at work).

If we ask you to provide Employee Personal Information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and let you know whether the provision of Employee Personal Information is mandatory or not (as well as the possible consequences if you do not provide it).

Similarly, if we collect and use Employee Personal Information in reliance on our legitimate interests (or those of a third party) that are not referred to above, we will make clear to you at the relevant time what those legitimate interests are.

If you have any questions about or need further information concerning the legal basis on which we collect and use your Employee Personal Information, please contact us using the contact details provided in Part VII below.

PART IV. HOW WE PROTECT YOUR PRIVACY

We will process Employee Personal Information in accordance with this Notice and our relevant policies (e.g. the Employee Handbook), which can be found on the COMPANY intranet located at bandai.com or a copy may be obtained from the Human Resource Department.

Honesty, openness and fairness: We will process Employee Personal Information fairly, openly and honestly. This means that we are transparent about how we process Employee Personal Information and that we will process it in accordance with applicable law.

Purpose limitation: We will process Employee Personal Information for specified and lawful purposes, and will not process it in a manner that is incompatible with those purposes.

Proportionality: We will process Employee Personal Information in a way that is proportionate to the purposes which the processing is intended to achieve.

Information Accuracy: We take appropriate measures to ensure that the Employee Personal Information that we hold is accurate, complete and, where necessary, kept up to date. However, it is also your responsibility to ensure that your Employee Personal Information is kept as accurate, complete and current as possible by informing the COMPANY of any changes or errors. You should notify your local HR Representative of any changes to the Employee Personal Information that we hold about you and your family (e.g. a change of address).

Security: We implement appropriate physical, technical and organizational security measures to protect Employee Personal Information against unauthorized or unlawful processing or disclosure. For further information on the steps that we take to keep Employee Personal Information secure and your responsibilities in this regard, please refer to our policies.

Processors: We may engage third parties to process Employee Personal Information for and on behalf of COMPANY. We require such data processors to enter into contractual terms which include requirements to process Employee Personal Information on our instructions and to take steps to ensure that Employee Personal Information remains protected.

International transfers: Employee Personal Information may be collected, used, processed, stored or disclosed by the COMPANY and our service providers outside your home country. Such information is only transferred by us to another country if this is required or permitted under applicable data protection law. Please contact us by using our contact details in Part VII below, if you wish to obtain a copy of these documents or understand more about how we transfer data internationally.

Retention: We will not keep Employee Personal Information for longer than is necessary for the purposes for which we process them or as required by law, contract or our policies, which can be found bandai.com.

Your Rights: You have a right to request access to the Employee Personal Information. You may also ask us to correct or delete Employee Personal Information, restrict its processing, object to its processing or provide the Employee Personal Information in a portable format. Upon receipt of a request, we will assess whether we are required to comply under applicable law. If you wish to exercise one of these rights please contact us by using our contact details specified in Part VII below. We will consider and act upon any such requests in accordance with the applicable data protection law. If we collected your Employee Personal Information with your consent, then you have the right to withdraw your consent. Withdrawing your consent will not affect the lawfulness of any processing we carried out prior to your withdrawal, nor will it affect processing of your Employee Personal Information carried out in reliance on other lawful grounds other than consent.

PART V. SHARING AND DISCLOSURE OF INFORMATION TO THIRD PARTIES

We may share Employee Personal Information in the following circumstances:

Compliance with laws – that COMPANY considers necessary or required by law, in order to comply with legal process or government requests (including in response to public authorities to meet national security or law enforcement requirements) and/or to protect the safety of Employees, customers, business partners or third parties;
Vendors and other service providers – to third party vendors and other service providers we use in connection with the services they provide to us, HR information management, payroll support services, travel management services, IT platform management or support services, infrastructure and application services, including but not limited to Paylocity, Anthem, VSP, Delta Dental, Benetrac, WageWorks, Peoplesoft and Prudential. The service providers that we use may change depending on the COMPANY that employs you and may change over time but we will always seek to ensure that any third parties who handle your Employee Personal Information will do so in accordance with the applicable law and our policies;
Consultants – to auditors, advisors, legal representatives and similar agents in connection with the advisory services they provide to us;
Business Transfers – to a party to which COMPANY is contemplating selling a business unit (in which case Employee Personal Information may be included among the transferred assets), but only to the extent necessary for legitimate business purposes and with a contractual prohibition of using the Employee Personal Information for any other purpose; and
BANDAI NAMCO group companies – to BANDAI NAMCO group companies for purposes consistent with this Notice (e.g. employment, IT services/security, tax & accounting purposes, general business management).

We may, in the course of its duties as an employer, be required to disclose Employee Personal Information after your employment has ended. This does not affect your statutory rights.

PART VI. MONITORING

COMPANY retains the right to monitor all IT systems, physical areas of the business and/or work related activities to protect us and ensure the appropriate use of our resources and information assets in compliance with the applicable privacy law and in accordance with our policies (including the Acceptable Use Policy), which may be found on the COMPANY intranet located at bandai.com or a copy may be obtained from the Human Resource Department.

PART VII. OTHER INFORMATION

Questions and Complaints

We will address questions and complaints regarding Employee Personal Information promptly and in accordance with applicable law. If you wish to discuss the processing of your personal data in accordance with this Notice, or if you have a query or complaint, please contact your local HR department and/or your data privacy representative via privacy@bandai.com.

If you have a complaint or concern about how we are processing your Employee Personal Information then we will endeavor to address such concern(s). However, if you would like to direct your complaint/concerns to your data protection authority, please contact us and we can provide you with their contact details.

Updates to this Notice

This Notice was last updated on December 18, 2019. This Notice may be updated periodically to reflect any necessary changes in our privacy practices. If we update this Notice, we will notify you via your COMPANY email. We encourage you to check this page regularly in order to be aware of the most recent version of this Notice.