Terms & Conditions

Introduction

This website is operated and managed by Takagi Seiko Co., Ltd. (hereinafter referred to as “the Company”) or its agent. The terms of use of this website are set forth below. By using this website, you fully agree to these terms and conditions. If you do not agree to these terms or some of these terms and conditions, do not use this website.

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to The Company’s use of cookies in accordance with the terms of The Company’s privacy policy which is included in this Terms & Conditions and Cookies Policy which you can find on this website.

License to use website

Unless otherwise stated, The Company and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print page from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
edit or otherwise modify any material on the website;

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without The Company’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without The Company’s express written consent.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. The Company makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph The Company does not warrant that:

this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

The Company will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this website:

to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if The Company has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit The Company’s liability in respect of any:

death or personal injury caused by The Company’s negligence;
fraud or fraudulent misrepresentation on the part of The Company or
matter which it would be illegal or unlawful for The Company to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify The Company and undertake to keep The Company indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by The Company to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by The Company arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to The Company’s other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

The Company may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

The Company may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Privacy Policy

This privacy policy is provided by Takagi Ophthalmic Instruments Europe Limited, who manages this website together with The Company, a company registered in England with company number 05657718, whose registered address is Citylabs, Nelson Street, Manchester, M13 9NQ (“we” or “us“).

From time to time, as part of running our business, we collect and use certain personal information about individuals with whom we have contact (we refer to such individuals in this policy as “you” or “your” or “contacts”). When we refer to personal information in this policy, we mean any type of information which could identify you, such as your name, email address or other contact details.

Under UK data protection law, we have certain legal responsibilities about how we collect, use and share your personal information. If you have any questions about how we collect, store or use your personal information, you may contact us, using the details set out below.

This policy explains our privacy practices and covers the following:

Whose personal information we collect
What personal information about you we collect and use
Sources of personal information
How we use your personal information
Parties who we share your personal information with
How long we retain your personal information for
Transfers of your personal information (only relevant to individuals based outside of Europe)
How we legally justify using your personal information
Your legal rights in relation to your personal information
Other relevant information, including how to contact us
Whose personal information we collect

We collect and use personal information relating to the following types of individuals, who are based in European countries:

Contacts at our existing customers – we receive personal information from individuals at existing customers of ours who contact us. Typically this would be a contact in an ophthalmology department, or opticians, an optometrist or a clinician, who may get in touch with us about a query relating to one of our products that they, or their organisation, have purchased.
Contacts at potential customers – we receive queries from people at businesses who are (or who may be) interested in buying our products, for example you may telephone or email us, or raise an interest on our website.
Contacts at our distributors – we sell our products through third party distributors, who are based across different European countries. We therefore collect and use contact details of people who work at our distributor companies, whom we liaise with. For more information about who are distributors are for relevant European countries, please see the following link: https://staging.takagi-j.com
What personal information about you we collect and use

Regardless of whose personal data we collect and use (as indicated above) the information will, as a maximum, consist of the following: your name, job title, place of work, work email address, work phone number and work address.

We therefore do not collect any sensitive personal data about individuals, such as details of their eyesight or other health information, race, ethnicity, sexuality etc., nor do we collect details about their home or personal life. Rather, all personal information collected by us is in a business to business context.

Sources of personal information

We receive your personal information in the following ways:

Information you provide directly to us – when you get in touch with us, for instance if an existing customer or potential customer emails us, or phones us, or raises a query via our website.
Information from your employer – your employer may pass us your contact details, for instance if you are to act as a point of contact at a distributor.
How we use your personal information
Existing and Potential customers – from time to time we receive queries about our equipment that you have purchased, or about a sale or potential sale of our equipment which you are considering purchasing. In these circumstances, we may answer certain basic queries (by phone or email), but otherwise we refer such individuals to our distributors, who conduct all pre-sales activity, sales and after sales support on our behalf. Our use of such information is therefore very limited and you should also review the privacy policy for the relevant distributor.

Transferring such personal information is in our legitimate business interests, specifically to ensure that individuals are put in touch with the right party concerning the products.

Distributors – we need to communicate effectively and efficiently with our third party distributors as part of our legitimate business interests, in order to enable them to provide services to us, and indeed to customers, in a timely and effective manner. Therefore, we use personal information for day to day communications and for the management of the relationship with distributors. Our communication methods include written correspondence, email, telephone and face to face meetings.

Please note, we do not carry out any form of direct marketing or automated decision making using your personal information.

Parties who we share your personal information with

We share personal information of contacts at existing customers and potential customers with our distributors, since our distributors are responsible for managing all aspects of the relationship with such parties, from pre-sales marketing activity, through to sales, and after sales support.

In some circumstances, we may refer an individual to our group company, Takagi Seiko Co. Ltd (see further below), which could involve us passing them your contact details.

How long we retain your personal information for

For contacts at distributors, we retain your personal information for a period equivalent to the duration of the contract which we have with your organisation plus 7 years.

For existing customers and potential customers who have contacted us, we only retain any personal information held on such individuals for a short period of time, being 1 month.

Transfers of your personal information (only relevant to individuals based outside of Europe)

Occasionally, we may transfer personal information of contacts at existing customers or potential customers to our Japanese group company, Takagi Seiko Co. Ltd, based in Nagano, Japan.

This would only occur where an individual who is based outside of Europe contacts us with a query, in which case we refer them to Takagi Seiko Co. Ltd, who provide ophthalmic equipment and related services to organisations based outside of Europe. This means that we will transfer your personal information outside the European Economic Area (EEA), which is in our legitimate interests (particularly as we need to refer you to the correct Takagi entity who is responsible for your geographical region).

In order to ensure that this transfer outside of the EEA complies with data protection law, we have put in place the European Commission approved standard contract clauses between ourselves and Takagi Seiko Co. Ltd . If you are an individual who is based outside of Europe and would like to receive a copy of these signed standard contract clauses, please get in touch with us using the contact details below.

Other than in relation to the specific situation outlined above, we do not transfer any of your personal information outside of the EEA.

How we legally justify using your personal information.

Every use that we make of your personal information must meet a legal ground set out under data protection law. For all uses set out in this policy, the legal ground that we rely on is that the use is in our legitimate business interest and does not override your rights and freedoms. The specific legitimate interests are set out in this policy, according to the respective uses.

Your legal rights in relation to your personal information

If you have any questions in relation to our use of your personal information, you should first contact us, using the contact details below. Under certain conditions, you may have the right to:

require us to provide you with further details on the use we make of your personal information;
require us to provide you with an electronic copy of personal information that you have provided to us;
require us to update any inaccuracies in the personal information we hold;
require us to transfer a copy of your personal information to another data controller, in a structured, machine readable and commonly used format;
require us to delete any personal information that we no longer have a lawful ground to use;
require us to restrict our use of your personal information;
where the processing of your personal information is based on us receiving your consent, the right to withdraw your consent at any time;
if we indicate that we use your personal information for direct marketing purposes, object to receiving any further direct marketing from us at any time;
complain to the Information Commissioner at any time; and
object to our uses of your personal information which are based on the ‘legitimate interests’ legal ground, as indicated above. If any of our uses of your personal information based only on this legal ground is causing you undue harm, then we must cease using your personal information for that purpose.

Your exercise of these rights is subject to certain conditions and exemptions, for example to safeguard the public interest in investigating crimes, or protecting legal privilege. If you exercise any of these rights, we will check your entitlement and respond in most cases within a month.

If you are not satisfied with our use of your personal information or our response to you, you can complain to the contact listed below.

Other information, including how to contact us

We will use reasonable endeavours to ensure that your personal information is accurate. In order to assist us with this, you should notify us of any changes to your personal information, by contacting us, as set out below.

From time to time, we may make changes to our products and services and, consequently, our privacy policy may change at any time in the future. We therefore encourage you to review it from time to time, to stay informed of how we are using your personal information.

We are required to employ adequate technical and organisational security measures to protect your personal information from any loss, destruction, damage or unlawful disclosure. However, no transmission of personal information over the internet or via email can ever be guaranteed as secure. Consequently, please note that we cannot guarantee the security of any personal information which you transfer to us or which we transfer to you or a third party over the internet or via email.

If you would like further information about the matters set out in this policy, please contact the following individual:

Name: Mr Masato Sue, Managing Director of Takagi Ophthalmic Instruments Europe Limited

Email: info@takagieurope.com

Telephone: +44 (0) 161 273 6330