Data Centers 3D

November 2019

Privacy Notice

Applicability: Data Centers 3D

1. Introduction

This Privacy Notice ("Notice") applies to the ABB Group of companies, which means ABB Ltd, Switzerland and each entity in which ABB Ltd, Switzerland, directly or indirectly, has a majority holding or owns or controls the majority of voting rights. The ABB company that is identified as Controller (referred to as "ABB" or "we"), is responsible for the processing of your personal data and controls how it is used, in accordance with this Notice.

At ABB, respecting your data protection rights is a top priority. This Notice explains how we use personal data about you, how we process such data, and what rights you have regarding your personal data.

2. Who is responsible for the processing of your personal data?

ABB Schweiz AG, Brown Boveri Strasse 6, 5400, Baden will be the “Controller” of your personal data – this company is responsible for the privacy of your data.

The Controller is located outside of the European Union (EU), but we have appointed a representative for EU data privacy matters. The Controller’s representative in the EU is ABB B.V. George Hintzenweg 81 3068 AX Rotterdam.

Other subsidiary companies of ABB as listed in the Section “Parties we share your personal data with (in and outside the EU and EEA or outside the country where the ABB company that controls your data is located)” may also receive and process your personal data, either in the capacity of controller or processor and this Notice applies equally to them.

3. The types of information we collect and use?

We collect the following categories of personal data, including:

  • First name;
  • Last name;
  • Business e-mail;
  • Customer ID;
  • IP address;
  • Cookies;
  • Device identifier;
  • Geolocation information;
  • Product usage data;
  • Tracking/Analytics data.

4. Why we use your personal data?

We use your personal data as described above for the following purposes:

  • to allow you to use the ABB Datacenters 3D application allowing to configure panels for data centers;
  • to keep track on locations and frequency of application usage;
  • to administrate and perform customer surveys, marketing campaigns, market analysis, sweepstakes, contests, or other promotional activities or events;
  • for processing orders;
  • to contact you to provide product support;
  • to be able to analyze personal data to provide customers with relevant marketing offers and information;
  • to develop and improve services or products through assessment and analysis of the information.

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.

5. The legal basis we rely on

We use your personal data for the purposes described in this notice on the basis of legitimate interest. Where the law requires us to do so, we will ask you for your consent. You may obtain a copy of our assessment of why we may process your personal data for these interests by visiting www.abb.com/privacy

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

We only share your personal data with other ABB 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 ABB 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 ABB 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.abb.com/privacy.

Recipient name or – for non-EU countries – recipient categoryRecipient locationPurpose
ABB affiliates and subsidiariesSee the list of ABB subsidiariesThe purposes described in this privacy noticeEU Model Clauses
ABB business partners, distributors, and agentsEU and non-EUThe purposes described in this privacy notice
Service providers such as IT services and other advisors or service providers working on ABB’s behalfEU and non-EUThe purposes described in this privacy notice
Potential or actual acquirers of ABB businesses or assetsEU and non-EUFor 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 and non-EUWhere required by applicable law or a legitimate request by government authorities, or a valid legal requirement

7. How long we keep your personal data

Based on mandatory legislation, ABB must keep certain personal data for a minimum period of time. We only keep your personal data for as long as necessary for the purposes described in this privacy notice. Your personal data will be kept for 1-5 years or for longer period only if required by local laws and regulatory requirements.

At the same time, applicable data protection laws require that we do not keep personal data in an identifiable form for any longer than is necessary for the purpose for which the personal data is being processed. Through the setting of IT applications and policies we ensure that our keeping of your personal data is deleted when we no longer need it.

8. 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 rightsWhat it means
The right of data accessYou are entitled to ask ABB for an overview of or to obtain a copy of the personal data we hold about you.
The right to have your data correctedYou may request immediate correction of inaccurate or incomplete personal data we hold about you.
The right to have your data erasedYou may 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.
The right to data portabilityYou have the right to receive your personal data in a structured, machine-readable format for your own purposes, or to request us to transfer it to a third party.
The right to object to data processingYou have the right to object to our processing of your personal where we rely on our legitimate interests as the basis for our processing, where your data protection rights outweigh our reasoning for legitimate interests.
The right to withdraw consentWhere ABB 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.abb.com/privacy.

9. 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 ABB processes your personal data, please contact our Group Data Protection Officer at privacy@abb.com, or submit your complaint at www.abb.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.