The TMI Group shall comply with the applicable laws and regulations, including the EU General Data Protection Regulation (EU) 2016/679 (the "GDPR"), regarding the personal data concerning data subjects in the European Economic Area (the "EEA") which it possesses, and shall process such data appropriately in accordance with this Policy as set forth below.
We may revise this Policy at any time by amending this page. You are expected to check this page from time to time to become aware of any changes we make, as they are binding on you.
Purposes of Using Personal Data
The TMI Group may obtain your personal data such as your name, address, phone number, e-mail address, details of your visits to our premises, payment data including billing information, any information in your identity documents such as seal registration certificate, driver's license, passport, health insurance card, pension handbook and residence card, further business information, recruitment and professional information and information collected from publicly available resources.
We shall use such personal data within the scope necessary for the purposes of use set forth below:
1. To implement operations related to legal practice requested by the TMI Group's clients and related communications. These communications may include sending you newsletters, legal updates, marketing communications and other information that may be of interest to you;
2. To provide firm information and legal information from the TMI Group (or provision of information on seminars, symposiums, newsletters and legal updates);
3. To conduct the TMI Group's recruiting activities for attorneys, patent attorneys, office staff and trainees.
4. To analyze and improve the provision of our services to you;
5. To identify persons authorized to trade on behalf of our clients, customers, and/or service providers;
6. To record and monitor your use of our websites or our other online services, which may include analysis of usage, measurement of site performance and generation of marketing reports;
7. To investigate any complaints or queries you may have;
8. To prevent and respond to actual or potential fraud or illegal activities;
9. To comply with legal and regulatory obligations that we have to discharge our legal rights; and
10. Any other purposes necessary for the appropriate and smooth performance of our legal services.
The TMI Group will use your personal data only for the above-mentioned purposes, and will not use such data for any other purposes without your consent, unless required by laws or regulations or unless we have separately given notification or made a public announcement regarding such other purposes of use.
Legal Grounds for Processing Personal Data
We may process your personal data based on the following legal grounds:
1. To perform your instructions or fulfil the obligations under other contracts with you or your organization;
2. Your consent expressly given to us to process your personal data in such manner. You may withdraw your consent to this processing at any time; however, this will not affect the lawfulness of any processing carried out before such withdrawal of your consent.
3. To comply with our legal and regulatory obligations; and
4. Our legitimate interests or those of any third-party recipients of your personal data, provided that such interests are not overridden by your interests or fundamental rights and freedoms.
Sharing of Personal Data
Within the TMI Group, other than the purposes mentioned in items 1 to 10 above, there may be cases in which we mutually share your personal data described above and all other personal data possessed, to the extent necessary for the appropriate and smooth implementation of the operations of the TMI Group. In such cases, TMI Associates shall be the responsible manager for personal data within the TMI Group.
In addition, regarding the personal data obtained in connection with seminars and symposiums jointly held with other individuals or organizations, the TMI Group may jointly use such data with the individuals or organizations co-hosting the event to the extent necessary to carry out such joint event.
In such cases, TMI Associates will be in charge of managing your personal data.
Disclosure of Personal Data
The TMI Group shares personal data within its group and the various companies and entities that make up our international network. As a result, your personal data may be transferred to locations outside the EEA, as well as within the EEA, for the purposes described above.
We may also share your personal data outside the TMI Group. This may include sharing your personal data:
1. with third party agents/suppliers or contractors, bound by obligations of confidentiality, in connection with the processing of your personal data for the purposes described in this Policy; this may include, without limitation, IT and communications service providers;
2. with third parties relevant to the legal services that we provide; this may include, without limitation, counterparties to transactions or litigation, other professional service providers, regulators, authorities, governmental institutions and stock exchanges; and
3. to the extent required by law, regulation or court order, for example, if we are under a duty to disclose your personal data in order to comply with any legal obligation.
Management of Personal Data
The TMI Group manages personal data within the scope necessary to achieve the purposes of use, taking care to avoid illegal access to, or loss, destruction, manipulation or leakage of any personal date, by implementing necessary and appropriate measures in accordance with the TMI Group's rules and regulations concerning the protection of personal data. In addition, at the TMI Group, we provide appropriate supervision to our employees regarding the handling of personal data; and in the case of an entrustment of the handling of personal data to any third party, we supervise the entrustee to ensure that they also manage the personal data in an appropriate manner. At the TMI Group, we will not provide personal data to any third party unless we have our client's consent or are otherwise required or permitted to do so by laws and regulations or as stated in this Policy.
Cross Border Transfer
Personal data may be transferred to entities in countries or jurisdictions outside the EEA, such as Japan, if required for the purposes as described above. Please note that such countries or jurisdictions may not have the same data protection laws as the EEA and that they may not afford many of the rights conferred upon you in the EEA. We will ensure that any such international transfers are made subject to appropriate and suitable safeguards as required by the GDPR or other relevant laws. When doing so, we will comply with applicable data protection requirements and take appropriate safeguards to ensure the security and integrity of your personal data.
Retention of Personal Data
You have the right to access, request correction of, request deletion of, request the limitation of processing of, object to the processing of, and request the data portability of your personal data retained by us. When we receive a request based on such right, we will conduct any necessary investigation without delay and provide you or a nominated third party with personal data or respond to such request without delay.
You also have the right to lodge a complaint with the local data protection authority if you have any complaint regarding our processing of your personal data.
If you fail to provide your personal data, there will not generally be any detrimental effects for you. However, we may need to collect your personal data to process your instructions or perform the contract with you. In such case, we may have to cancel our engagement or contract you have with us, and we will notify you thereof at that time.
Confirmation of Client Identity
The TMI Group may carry out confirmation of certain identification matters when newly receiving requests for legal work, pursuant to the Rules Concerning Client Identity Verification and Record Preservation, etc. (effective as of March 1, 2013) of the Japan Federation of Bar Associations, for purposes such as the prevention of money laundering. We ask for your kind understanding and cooperation in this regard.
*Example of matters subject to confirmation -
Individuals - Confirmation of name, address and date of birth from the following documents: seal registration certificate, driver's license, passport, health insurance card, pension handbook and residence card.
Corporations - Confirmation of the name and location of the official headquarters or main office in the commercial registration certificate.