GDPR

1. FTCG undertakes to process personal data on behalf of FTR in accordance with the conditions laid down in this Data Processing Agreement. The processing will be executed exclusively within the framework of the Agreement, and for all such purposes as may be agreed to subsequently.

2. FTCG shall refrain from making use of the personal data for any purpose other than as specified by FTR. FTR will inform FTCG of any such purposes which are not contemplated in this Data Processing Agreement.

3. All personal data processed on behalf of the FTR shall remain the property of FTR and/or the relevant Data subjects.

4. FTCG shall take no unilateral decisions regarding the processing of the personal data for other purposes, including decisions regarding the provision thereof to third parties and the storage duration of the data.

    

1. FTCG shall warrant compliance with the applicable laws and regulations, including laws and regulations governing the protection of personal data.

2. FTCG shall furnish FTR promptly on request with details regarding the measures it has adopted to comply with its obligations under this Data Processing Agreement.

3. FTCG’s obligations arising under the terms of this Data Processing Agreement apply also to whomsoever processes personal data under the FTCG’s instructions.

1. FTCG may process the personal data in countries outside the European Union. In addition, the Processor may also transfer the personal data to a country outside the European Union provided that such country guarantees an adequate level of protection and it satisfies the other obligations applicable to it pursuant to this Data Processing Agreement and the GDPR.

2. Upon request, the Processor shall notify the Controller as to which country or countries the personal data will be processed in.

1. FTCG shall only be responsible for processing the personal data under this Data Processing Agreement, in accordance with FTR’s instructions and under the (ultimate) responsibility of FTR. FTCG is explicitly not responsible for other processing of personal data, including but not limited to processing for purposes that are not reported by FTR to FTCG and processing by third parties and / or for other purposes.

2. FTR represents and warrants that it has express consent and/or a legal basis to process the relevant personal data. Furthermore, FTCG represents and warrants that the contents are not unlawful and do not infringe any rights of a third party. In this context, FTR indemnifies FTCG of all claims and actions of third parties related to the processing of personal data without express consent and/or legal basis under this Data Processing Agreement.

    

1. FTCG is authorised within the framework of the Agreement to engage third parties, without the prior approval of FTR being required. Upon request of FTR, FTCG shall inform  FTR about the third party/parties engaged.

2. FTCG shall in any event ensure that such third parties will be obliged to agree in writing to the same duties that are agreed between FTR and FTCG.

    

1. In the event of a security leak and/or the leaking of data,FTCG shall, to the best of its ability, notify FTR thereof with undue delay, after which FTR shall determine whether or not to inform the Data subjects and/or the relevant regulatory authority(ies). This duty to report applies irrespective of the impact of the leak. The Processor will endeavour that the furnished information is complete, correct and accurate.

2. If required by law and/or regulation, the Processor shall cooperate in notifying the relevant authorities and/or Data subjects. FTR remains the responsible party for any statutory obligations in respect thereof.

3. The duty to report includes in any event the duty to report the fact that a leak has occurred, including details regarding:

　　　　　　・the (suspected) cause of the leak;

　　　　　　・the (currently known and/or anticipated) consequences thereof;

　　　　　　・the (proposed) solution;

　　　　　　・the measures that have already been taken.

1. FTCG will endeavour to take adequate technical and organisational measures against loss or any form of unlawful processing (such as unauthorised disclosure, deterioration, alteration or disclosure of personal data) in connection with the performance of processing personal data under this Data Processing Agreement.

2. FTCG does not guarantee that the security measures are effective under all circumstances. FTCGwill endeavour to ensure that the security measures are of a reasonable level, having regard to the state of the art, the sensitivity of the personal data and the costs related to the security measures.

3. FTR will only make the personal data available to FTCG if it is assured that the necessary security measures have been taken. FTR is responsible for ensuring compliance with the measures agreed by and between the Parties.

1. Where a Data subject submits a request to FTCG to inspect or to improve, add to, change or protect their personal data FTCG will forward the request to FTR and the request will then be dealt with by FTR. FTCG may notify the Data subject hereof.

1. All personal data received by FTCG from FTR and/or compiled by FTCG within the framework of this Data Processing Agreement is subject to a duty of confidentiality vis-à-vis third parties.

2. This duty of confidentiality will not apply in the event that FTR has expressly authorised the furnishing of such information to third parties, where the furnishing of the information to third parties is reasonably necessary in view of the nature of the instructions and the implementation of this Data Processing Agreement, or if there is a legal obligation to make the information available to a third party.

1. In order to confirm compliance with this Data Processing Agreement, FTR shall be at liberty to conduct an audit to observe confidentiality in this regard. Any such audit will follow the Processor’s reasonable security requirements, and will not interfere unreasonably with FTCG’s business activities.

2. The audit may only be undertaken when there are specific grounds for suspecting the misuse of personal data, and no earlier than two weeks after FTR has provided written notice to FTCG

3. The findings in respect of the performed audit will be discussed and evaluated by the Parties and, where applicable, implemented accordingly as the case may be by one of the Parties or jointly by both Parties.

4. The costs of the audit will be borne by FTR.

1. This Data Processing Agreement is entered into for the duration set out in the Agreement, and in the absence thereof, for the duration of the cooperation between the Parties.

2. The Data Processing Agreement may not be terminated in the interim.

3. This Data Processing Agreement may only be amended by the Parties subject to mutual consent.

4. The Processor shall provide its full cooperation in amending and adjusting this Data Processing Agreement in the event of new privacy legislation.

    

1. The Data Processing Agreement and the implementation thereof will be governed by Dutch law.

2. Any dispute arising between the Parties in connection with and/or arising from this Data Processing Agreement will be referred to the competent Dutch court.

3. In the case of any inconsistency between documents and the appendices thereto, the following order of priority will apply:

   1. this Data Processing Agreement;

   2. additional conditions, where applicable.

4. Logs and measurements taken by FTCG shall be deemed to be authentic, unless FTR supplies convincing proof to the contrary.

IN WITNESS WHEREOF, the Parties have caused this Data Processing Agreement to be executed by their duly authorized representatives.

Fuji Trading Co. Group                                             Fuji Transport Systems(Rotterdam) BV

(Processor)                                                                       (Controller)

05/11/2018                                                                        05/11/2018

Y. Fukada                                                                           H. Yasuda