WABCO Customers and Suppliers Privacy Statement
WABCO Holdings Inc., together with its affiliates, (WABCO) respects individual privacy and values the confidence of its customers, vendors, business partners and others. WABCO processes Personal Data relating to you in a manner consistent with the laws of the countries in which it does business, and has a tradition of upholding high ethical standards in its business practices.
The purpose of this Statement is to inform you transparently about WABCO’s processing of your Personal Data and about your rights in respect of such processing.
This Statement applies to all Personal Data collected by or provided to WABCO in any format including electronic, paper or verbal. WABCO collects and processes Personal Data through various means (including through its internet websites, its applications, its intranet site, electronic mail and manually).
On a global basis, WABCO will establish and maintain business procedures and data processes that are consistent with this Statement.
For purposes of this Statement, the following definitions shall apply:
Personal Data means any information relating to an individual (natural person) who is or can be identified either from the data or from the data in conjunction with other information.
Sensitive Personal Data means Personal Data that reveals race, ethnic origin, trade union membership, political opinion, religion or philosophy, genetic data, biometric data, data concerning health, sex life or sexual orientation and Personal Data relating to criminal convictions and offences.
4. WHAT PERSONAL DATA DOES WABCO COLLECT?
WABCO may collect and process the following Personal Data about you:
- General identification information – WABCO may process your name, contact information (including home address, home phone number and mobile phone number), citizenship and country of residence, date of birth, gender and languages spoken.
- Professional information – WABCO may process information related to your profession including (without limitation) your job title, professional email address and phone number and your role/responsibility.
- Financial information – WABCO may process financial information including (without limitation) your bank account number, credit card number, bank details and VAT number.
- Visitor information – WABCO may process your name, contact details and car license plate when you visit WABCO premises.
- Information you choose to share with WABCO – WABCO may process Personal Data you choose to share with WABCO, including (without limitation) information you share when you contact our customer support service.
- Information relating to sourcing and procurement – when you provide services or sell products to WABCO or when WABCO provides services or sells products to you, WABCO may process information necessary for the provision of the services or the selling of the products including (without limitation) your contact details and financial details.
- Warranty information – WABCO may process your name, contact details, financial information and information on the product(s) purchased when you submit a warranty request.
- CCTV footage – WABCO may process footage of you obtained through our use of CCTV surveillance systems at our premises.
- Survey results – WABCO may process your responses to questions in our customer surveys.
- Information collected through your use of WABCO apps – WABCO may process Personal Data relating to your use of WABCO apps.
- Passwords or other personal identifiers – WABCO may process the password or other personal identifier that you use when you register on a WABCO website, platform or device and help you register if you forget such password or personal identifier.
- Proof of identity – WABCO may, in certain circumstances, ask for a copy of your identity card or other proof of your identity (e.g. driver’s license) when you send a data privacy request to WABCO, as set out in Section 9 below.
WABCO does not request or gather Sensitive Personal Data, without your explicit written consent.
5. USE MADE OF YOUR PERSONAL DATA
WABCO may use your Personal Data for the following purposes (hereinafter together referred to as the Purposes):
- Development and management of customer/vendor/ business partner relationship
- Internal administration purposes (including maintenance of accurate accounts payable and receivable records)
- Customer support service
- Corporate housekeeping
- Contract management
- Product, warranty and claims administration
- Order processing and order fulfilment
- Demand planning and production
- Dispute management and litigation
- Training and certification
- Sourcing and procurement
- Business development
- Compliance with labor, tax and social security laws and other legal or regulatory requirements (e.g. meeting governmental reporting and records requirements)
- Research, development and improvement of WABCO products and services (including sales and market research (eg. through surveys))
- IT support
- Public relations
- Direct marketing
- Facilities, security and contingency planning purposes
- Network and device usage optimization and related security controls (including access to myWABCO)
- Preventing, detecting and investigating fraud
- To monitor and enforce compliance with WABCO policies and procedures
- To monitor and enforce compliance with legal requirements applicable to WABCO or contractual obligations (including the requirements set out in your contract with WABCO)
- To perform internal and external audits
- To conduct corporate transactions (including mergers, acquisitions and divestments)
WABCO will use your Personal Data only in ways that are compatible with the Purposes. WABCO will take reasonable steps to ensure that Personal Data is relevant to its intended use, accurate, complete and current.
6. LEGAL BASIS
Your Personal Data is being collected and processed on the following legal basis:
- if it is necessary for performing a contract you have concluded with WABCO (e.g. if you sell a product to WABCO, WABCO needs your bank account number in order to pay for the product);
- if it is necessary for complying with a legal obligation that applies to WABCO (e.g. WABCO may need to collect your VAT number to meet its tax obligations);
- if it is necessary for pursuing WABCO’s legitimate interests, considering these interests are not overridden by your fundamental rights and freedoms (e.g. if WABCO needs certain of your Personal Data for internal administrative purposes, for ensuring network and information security and to improve its products and services);
- when you consented to this (e.g. when you consented to receiving the WABCO newsletter).
7. DISCLOSURE OF YOUR PERSONAL DATA
For the Purposes, WABCO may share your Personal Data with:
- WABCO affiliates;
- Suppliers of IT and collaboration related services;
- Banks and insurers;
- Providers of sales related services;
- Providers of marketing, research and communications related services;
- Providers of training related services;
- Professional advisers ;
- Law enforcement authorities (including police and judicial authorities);
- Other public authorities (including social security and tax authorities).
WABCO will also disclose your Personal Data to third parties:
- in the event that WABCO sells or buys any business or assets, in which case WABCO may disclose your Personal Data to the prospective seller or buyer of such business or assets;
- if WABCO or substantially all of its assets are acquired by a third party, in which case the Personal Data WABCO holds about you may be one of the transferred assets;
- if WABCO is under a duty to disclose or share your Personal Data in order to comply with any legal obligation or to protect the rights, property or safety of WABCO, its customers or others. This includes exchanging Personal Data with public authorities (including judicial and police authorities) in the event of, for example, a cyber security incident; and
- if you specifically consented thereto.
When disclosing your Personal Data to third parties that will process your Personal Data on WABCO’s behalf or at the instruction of WABCO, WABCO will obtain assurances from these third parties that they will safeguard Personal Data consistently with this Statement. Examples of appropriate assurances that may be provided by such third parties include: a contract obligating that third party to provide at least the same level of protection as applied by WABCO when processing your Personal Data, in accordance with the applicable data protection laws and regulations. Where WABCO has knowledge that such a third party is using or disclosing Personal Data in a manner contrary to this Statement, WABCO will take reasonable steps to prevent or stop the use or disclosure. WABCO holds these third parties accountable for maintaining the trust of our customers, vendors, business partners and others through the use of documents such as Non- Disclosure Agreements.
8. TRANSFER OF YOUR PERSONAL DATA
WABCO is a global business and has employees in many countries. Your Personal Data may be maintained at WABCO facilities worldwide.
If you are located in the European Economic Area (the EEA) or in the Peoples Republic of China, WABCO may also transfer your Personal Data to destinations outside the EEA or the People’s Republic of China respectively, if that is appropriate (i) to achieve any of the Purposes, and/or (ii) to disclose your Personal Data to a third party in accordance with section VII of this Statement.
In case your Personal Data is transferred outside of the EEA, WABCO will make sure that your Personal Data is protected by the following safeguards:
- the laws of the country to which your Personal Data is transferred ensure an adequate level of data protection (Article 45 of the EU General Data Protection Regulation (2016/679)(GDPR));
- the transfer is subject to data protection clauses approved by the European Commission (Article 46.2 GDPR) or is subject to the EU-US Privacy Shield (Article 45.1 of the GDPR); or
- any other appropriate safeguards under article 46 GDPR.
In case your Personal Data is transferred outside of the People’s Republic of China, WABCO will undergo a risk assessment procedure to make sure that the risk associated with such transfer is justifiable.
If you are located within the EEA and wish to receive more information relating to the transfers of your Personal Data outside the EEA and/or the safeguards that have been implemented (including on how to receive a copy of these), you can contact WABCO through the contact details set out in section 15 below.
9. YOUR RIGHTS
Depending on and subject to applicable laws, you have certain rights regarding the Personal Data WABCO holds about you:
- you have the right to access the Personal Data WABCO keeps about you – this is because WABCO wants you to be aware of the Personal Data WABCO has about you and to enable you to verify whether WABCO processes your Personal Data in accordance with the applicable data protection laws and regulations;
- you have the right, under certain circumstances, to block or suppress further use of your Personal Data. When the processing is restricted, WABCO can still store your Personal Data, but can no longer use it;
- if your Personal Data is inaccurate or incomplete, you have the right to request the rectification of your Personal Data;
- you have the right, under certain circumstances, to request the deletion or removal of your Personal Data from WABCO systems;
- you have the right to lodge a complaint about the way WABCO handles or processes your Personal Data with your national data protection authority;
- if WABCO’s processing of your Personal Data is based specifically on your consent, you have the right to withdraw that consent at any time. This includes your right to withdraw consent to WABCO’s use of your Personal Data for direct marketing purposes;
- you have the right to obtain from WABCO, under certain circumstances, your Personal Data in a structured, commonly used and machine readable form so you can reuse it for your own purposes across different services;
- you also have the right to object to certain types of processing, including processing for direct marketing purposes.
However, note that WABCO may need to retain certain Personal Data, for example for legal or administrative purposes (e.g. keeping of accounting records).
For all requests set out above, please send us a letter or email with “data subject request” in the subject line and include a copy of your identity card or another proof of your identity (e.g. driver’s licence) to help us prevent unauthorised individuals from accessing, changing or deleting your Personal Data. WABCO’s contact details are set out in section 15 below.
10. RETENTION OF YOUR PERSONAL DATA
The Personal Data we hold about you will be retained in a manner consistent with the applicable data protection laws and regulations. In any event, your Personal Data shall not be kept longer than is necessary to achieve the Purposes, unless:
- the processing of your Personal Data is necessary in connection with any actual or potential dispute (e.g. WABCO needs this information to establish or defend legal claims), in which case WABCO will keep your Personal Data until the end of such dispute; and/or
- the retention is necessary for WABCO to comply with any legal or regulatory obligation (e.g. for tax purposes), in which case WABCO will keep your Personal Data for as long as required by that obligation;
- the retention is necessary for WABCO to comply with contractual obligations that extend after the end of such contractual relationship (e.g. non-solicitation obligations that WABCO may have).
WABCO will take such precautions as are required by applicable data protection laws and regulations to protect Personal Data in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction. WABCO protects data in many ways. Physical security is designed to prevent unauthorized access to database equipment and hard copies of Sensitive Personal Data. This protection may include in some locations, entry-controls of the company, usage of lockable drawers and cupboards to protect Personal Data, destruction of the papers and digital storage devices that contain Personal Data and/or Sensitive Personal Data when they are no longer required. Electronic security measures continuously monitor access to our servers and provide protection from hacking or other unauthorized access from remote locations. This protection includes the use of firewalls, restricted access and encryption technology. WABCO limits access to Personal Data to those persons in the WABCO organization, or to third parties acting on behalf or at the instruction of WABCO, that have a specific business purpose for maintaining and processing such Personal Data. Individuals who have been granted access to Personal Data are aware of their responsibilities to protect the security, confidentiality, availability and integrity of that information and have been provided training and instruction on how to do so.
12. WHAT HAPPENS IF YOU DO NOT PROVIDE WABCO WITH THE PERSONAL DATA IT REQUESTS OR ASK THAT WABCO STOPS PROCESSING YOUR PERSONAL DATA?
The quality of our products and services and the ability for WABCO to perform its obligations with regard to:
- the contract WABCO has with you or a legal entity related to you ; or
- legal obligations applicable to WABCO,
Sometimes depends on WABCO having access to and being able to use certain Personal Data about you. Therefore, and depending on the circumstances, you may not always be able to refuse to provide WABCO with the Personal Data that WABCO requests or ask WABCO to stop processing your Personal Data, if this would result in the quality of our products and services being affected or in WABCO being in breach of one or more applicable legal or contractual obligations.
13. AUTOMATED DECISION-MAKING
WABCO does not perform automated decision-making based on your Personal Data.
WABCO will conduct compliance audits of its relevant privacy practices to verify adherence to this Statement.
15. CONTACT DETAILS
Any questions, concerns and requests regarding this Statement should be directed to email@example.com or to the WABCO office at the address given below.
3000 Bern 31
Attention: Legal Department
WABCO will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Data in accordance with the principles contained in this Statement.
WABCO will acknowledge or respond to your questions, concerns, requests or reports within the statutory period of time or a reasonable period of time if there is no statutory period.
16. CHANGES TO THIS STATEMENT
From time to time WABCO may update this Statement. When WABCO does so, it will publish the changes on its website. Please check back to ensure that you are informed of any updates or changes to this Statement.