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Channel Partner Privacy Notice

At Hitachi Energy, respecting your data privacy rights is a top priority. This notice explains why and how we collect personal data about you, how we process such data, and what rights you have regarding your personal data. 

Who controls your personal data

Hitachi Energy Ltd and its subsidiary companies ('Hitachi Energy') are responsible for your personal data. For applicable data protection law, the controller of your data will be the Hitachi Energy with whom Hitachi Energy representative, distributor or channel partner communicates or has a contractual relationship. Each such entity is regarded as an independent controller of your personal data, and this notice applies to all such companies.

The personal data we collect about you and how we get it

We collect the following categories of personal data:

  • The identification data and business contact information you share with us: name, business email, business address, business telephone number, business mobile number, date of birth, copy of passport, nationality, ownership of the company and percentage of ownership
  • Additional information you provide to us for preparing or in the course of our business relations, such as: data collected during a site visit, training records, resume/CV, job/position/title and personal profile
  • To the extent necessary to fulfil our obligations, data obtained from publicly accessible sources or which are legitimately transmitted by other third parties (e.g. background check service provider): such as data in public media sources and news search (e.g. newspapers), commercial and criminal register data, creditworthiness data, data for due diligence screening.

What we use your personal data for

We use your personal data for:

  • appointment, onboarding, training and account administration of Hitachi Energy representatives, distributors and channel partners and any of their subsidiaries or affiliates;
  • communicate with Hitachi Energy representatives, distributors and channel partners about products, services and projects of Hitachi Energy or Hitachi Energy representatives, distributors and channel partners, e.g. by responding to inquiries or requests;
  • manage the business relationship, including contact interaction;
  • due diligence process including compliance screening of Hitachi Energy representatives, distributors and channel partners and any of their subsidiaries or affiliates and to prevent criminal and unethical business behavior, such as bribery and corruption; and
  • compliance with the law, law enforcement, court, regulatory bodies’ requirements and best practices or standards on preventing fraud and money laundering.; such as for example due diligence for prevent financial crime and money laundering and sanction list screening of persons and companies.

We only collect the personal data from you that we need for the above purposes. For statistical purposes, improvement of our services and testing of our IT systems we use as much as reasonably possible anonymized data. This means that these data can no longer (in)directly identify you or single you out as an individual.

What happens if you do not provide us with the information we had asked you for or if you ask us to stop processing your information

Certain personal data is necessary to establish, conduct or terminate a business relationship with you. We need you to provide us with the personal data required for the fulfillment of contractual obligations or which we are legally obliged to collect. Without such personal data, we will not be able to establish, execute or terminate a contract with you. Also, we will be unable to take requested pre-contractual measures to enter into a contract with you or to establish and continue the business relationship you have asked for.

The legal basis on which we use your personal data

We use your personal data for the purposes described in this notice based on one of the following legal bases, as applicable:

  • We will rely on our legitimate interests to process your personal data within the scope of the business relationship with you or your company. Our legitimate interests to collect and use the personal data for this purpose are management and furtherance of our business and for the purposes of preventing unethical behavior, fraud, financial crime and money laundering. You may obtain a copy of our assessment of why we may process your personal data for these interests by submitting a request at www.hitachiabb-powergrids.com/privacy.; or
  • We may ask your consent for the activities described in this privacy notice when required by applicable law, for example for conducting background check.
  • For data about criminal convictions and offences: Where background checks include processing of personal data related to criminal convictions and offences, we process such data as permitted by the applicable law.

Parties we share your personal data with (in and outside the EU and EEA or outside the country where the Hitachi Energy company that controls your data is located)

We only share your personal data with other Hitachi Energy affiliates or third parties as necessary for the purposes described in the table below. Where we share your personal data with an affiliate or third party so that it is transferred to or becomes accessible from outside the European Union (“EU”) and the European Economic Area ("EEA") or outside the country where the Hitachi Energy company that controls your data is located, we always put adequate safeguards in place to protect your personal data. Examples of these safeguards are an adequacy decision of the European Commission (read more here), Standard Contractual Clauses (read more here), Privacy Shield certification (read more here), and the Binding Corporate Rules that some of our suppliers have adopted (read more here). We have taken additional measures for the transfer of data from within to outside the EU, EEA and outside the country where the Hitachi Energy company that controls your data is located to protect your personal data. If you would like an overview of the safeguards which are in place, please submit a request at www.hitachiabb-powergrids.com/privacy

Recipient name recipient category

Recipient location

Purpose

Hitachi Energy affiliates and subsidiaries

See the list of Hitachi Energy subsidiaries

The purposes described in this privacy notice

Service providers

EU/EEA and non-EU/EEA (global)

IT services, background check service providers, payment processors, customer support providers working on Hitachi Energy's behalf

Potential or actual acquirers of Hitachi Energy businesses or assets

EU/EEA and non-EU/EEA (global)

For the evaluation of the business or assets in question or for the purposes described in this privacy notice

Recipients as required by applicable law or legal process, to law enforcement or government authorities, etc.

EU/EEA and non-EU/EEA (global)

Where required by applicable law or a legitimate request by government authorities, or a valid legal requirement

How long we keep your personal data

We only keep your personal data for as long as necessary for the purposes described in this privacy notice. We will keep your personal data for the duration of our contractual relationship and ten (10) years after the termination of the contract unless there are specific legal or regulatory obligations that would require us to keep such personal data for a longer period of time.  After this time, we will securely delete your personal data.

Your data privacy rights

Depending on the jurisdiction in which you are located and in which your personal data is processed, you may have the following rights:

Data privacy rights

What it means

The right of data access

You have a right to obtain a copy of the personal data we hold about you, subject to certain exceptions.

The right of data rectification

You always have a right to ask for immediate correction of inaccurate or incomplete personal data.

The right of data erasure

You have the right to request that personal data be erased when it is no longer needed, where applicable law obliges us to delete the data or the processing of it is unlawful. You may also ask us to erase personal data where you have withdrawn your consent or objected to the data processing. However, this is not a general right to data erasure – there are exceptions.

The right to restrict data processing

You have the right to restrict the processing of your personal data in specific circumstances. Where that is the case, we may still store your information, but not use it further.

The right to data portability

You have the right to receive your personal data in a structured, machine-readable format for your own purposes, or to request us to share it with a third party.

The right to object to the data processing

You have the right to object to our processing of your personal data based on the legitimate interests, where your data privacy rights outweigh our reasoning for legitimate interests.

The right to withdraw consent

Where Hitachi Energy has asked for your consent to process personal data, you may withdraw your consent at any time. The withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.

Please note that the rights described above are not absolute, and that your request cannot always be met entirely. For example, sometimes we cannot delete or restrict the processing of your personal data as we may have legal obligations or contractual obligations to keep certain such personal data.

You may request to enforce your data privacy rights at www.hitachiabb-powergrids.com/privacy.

Contact and further information

If you want to access your personal data, make use of any of your other rights mentioned above or if you have any questions or concerns about how Hitachi Energy processes your personal data, please contact our Group Data Protection Officer at privacy@hitachienergy.com, or submit your complaint at www.hitachiabb-powergrids.com/privacy.

Should you not be satisfied with our response or believe we are processing your personal data against the law, you may also have the right to file a complaint with the Data Privacy Authority in your country of residence or work, or seek a remedy through the courts where you believe an infringement of data privacy laws may have taken place.

Date of publication: July 1, 2020