This privacy notice for contractors ("Privacy notice") applies to the B&R Group, i.e. B&R Industrial Automation GmbH and any company in which B&R Industrial Automation GmbH, directly or indirectly, holds a majority interest or owns or controls the majority of voting rights.B&R Industrial Automation GmbH is in turn part of the ABB Group (a 100% subsidiary of ABB Asea Brown Boveri Ltd.).The B&R company with which you, your employer or the company through which you are assigned to B&R have a contractual relationship (hereinafter referred to as "B&R") is responsible for processing your personal data and controls its use in accordance with this privacy notice.
At B&R, protecting your personal data is a top priority.This privacy notice explains how we process your personal data and what rights you have in relation to your personal data.
1.Who is responsible for processing your personal data?
B&R Industrial Automation GmbH and all B&R subsidiaries are responsible for processing your personal data.In accordance with applicable data protection laws, the B&R subsidiary with which you, your employer or the company through which you are assigned to B&R have a contractual relationship is responsible for processing your personal data.Furthermore, other B&R subsidiaries may receive and process your data, either as the data controller or the data processor.
In your case, B&R Industrial Automation GmbH, B&R Strasse 1, 5142 Eggelsberg, Austria or the respective company affiliated with B&R Industrial Automation GmbH will decide, as the "data controller" within the meaning of the General Data Protection Regulation ("GDPR") and the Austrian Data Protection Act or other applicable national data protection laws at the headquarters of the respective subsidiary, for what and how your personal data will be used in accordance with this privacy notice (hereinafter also referred to as "B&R", "we" or "us").
2.
We may also process personal data that we receive from you either as a result of your contact request, a specific precontractual inquiry or a registration for a specific event via our websites, by email or telephone or at a trade fair or product event.In addition, to the extent required for the purposes stated in this privacy notice, we process personal data that we can obtain from publicly available sources or that is lawfully transmitted by other third parties (e.g. a credit agency), such as commercial register data or creditworthiness data.
- This also includes business documents containing personal information (e.g. inquiries, questions, complaints, orders and related files, emails, reports, contracts, presentations, minutes, work results), photos, images and/or videos.To a certain extent, this information may also include your interests in B&R products, marketing preferences and registration information provided at training sessions, events or trade fairs, etc.
The types of personal data listed below will be collected and processed, if at all, only in accordance with local laws applicable in your country of residence, to the extent that they are relevant depending on your work order.
- If we conduct a background check on you as part of the contractor relationship, we will only process this data in accordance with applicable law.
3.
Within the framework of this business and contractual relationship between you and us, you must provide personal data that is required for the initiation, execution or termination of contracts with our contractors and for the fulfillment of the associated contractual obligations or which we are legally obliged to collect and process (e.g. tax laws).
- Personnel planning and management if relevant to your contract on the provision of tasks and/or services, the work order and services you provide directly to B&R within the scope of the contract / work order / service description, including organization and personnel administration, work time management, improvement and maintenance of effective personnel administration, internal personnel analysis, reporting and planning
- Contractor, supplier and service provider management throughout provision, logistics and the supply chain, including contact interaction, bid processing, contracting, order processing, processing and execution of procurement transactions, administration and management of suppliers, vendors, contractors, consultants and other commercial professionals as well as contract lifecycle management
- Training of contractors
- Internal occupational safety programs
- Financial and joint accounting services that include records of reporting, purchase and payment of services
- Reorganization, purchase or sale of activities, business units and companies
- Monitoring and auditing compliance with company guidelines, contractual obligations and legal requirements of ABB and B&R
- Managing IT resources, including infrastructure management, such as data protection, data systems support and application management service activities, end user support, testing, maintenance, security (response to security incidents, risks, vulnerabilities, data breaches), master data and areas of activity including user account management, software licensing, security and performance testing and business continuity
We only collect the personal data from you that we require for the purposes described above.For statistical purposes, to improve our services and to test our IT systems, we use anonymous data as much as reasonably possible.This means that you can no longer be directly or indirectly identified as an individual using this data.
4.What happens if you do not provide us with the personal data we request or if you request us not to use your data?
In the case of processing operations in direct relationship to your work order (as described above), B&R is not in a position to adequately establish, maintain or terminate a business relationship with you, your employer or the company through which you are assigned to B&R and to fulfill the purposes described above without certain personal data.Although we cannot oblige you to provide us with your personal data, please bear in mind that your refusal could have consequences that may result in a negative impact on the work order.We would not be able to take the requested precontractual or contractual measures to conclude or fulfill a contract with you or establish and continue the business relationship you have requested.
5.
Where required, we process your personal data within the scope of concrete supply contracts and/or an existing business relationship with you or your company to safeguard our legitimate interests or that of third parties.This is done in the context of balancing interests in accordance with Art. 6 (1) f) of the GDPR, according to which processing is permissible if it is necessary to safeguard legitimate interests and if the interests or basic rights and freedoms of the data subject, which require the protection of personal data, do not prevail.
- Implementation, management, development and promotion of our business in the broadest sense, including the supply of products and services, fulfillment of agreements and management of orders with suppliers, processing and execution of purchases, process quality management and improvement of products or services, analytics and market intelligence, reduction of default risks in our procurement processes and reorganization, acquisition and sale of activities, divisions and companies
- Monitoring, checking and ensuring compliance with legal, regulatory, normative and ABB and B&R internal specifications and guidelines
- Establishment, exercise and defense of legal claims by and against B&R in connection with the performance of supply contracts with us
- Transfer of personal data within the B&R Group for internal administrative purposes, if required, for example, to provide centralized services
If we send you marketing information via email, e.g. a newsletter, we may require further consent under applicable law in accordance with Art. 107 (2) of the Austrian Telecommunications Act.
We will process special categories of personal data only in accordance with applicable law and under the following conditions:
6.
We have taken additional measures to protect your personal data when it is transferred outside the EU, EEA or the country where the B&R company controlling your data is located.
The purposes described in this privacy notice by your B&R manager / supervisor, by B&R Human Resources, B&R Finances, B&R IT Support, ABB Global Business Services Centers (GBSs) supporting Human Resources / Finances / Global Sourcing, as well as the B&R procurement departments dealing with contractors | ||
B&R business partners (e.g. temporary employment agencies and recruiters / your employer or the company through which you were assigned to B&R), distributors and dealers | The purposes stated in this privacy notice | |
Service providers, such as IT services including IT Support, consulting and outsourcing services, independent dealers, payment processors, rating and evaluation services, commercial and consulting services including accountants, auditors, lawyers, insurers, bankers, recruiters, travel agencies and other consultants or service providers working on behalf of B&R | The purposes stated in this privacy notice | |
For the evaluation of the companies or assets concerned or for the purposes specified in this privacy notice | ||
Recipients required according to applicable law or legal proceedings, such as law enforcement agencies or other authorities | Where required by applicable law, legitimate requests from public authorities or under applicable legal requirements |
If you would like an overview of the safeguards applied to protect your personal data, please send a request to www.abb.com/privacy.
7.
In general, personal data is stored for the duration of the contractual relationship and for a minimum period (usually between 5 and 10 years after the end of the contractual relationship) or for a longer period if this is required by local laws and official requirements.
At the same time, applicable data protection laws require that we store and process your personal data in a form that identifies you for no longer than is necessary for the purpose for which the personal data was collected and that we carry out regular checks in this regard.
8.What rules apply to the processing of your personal data in the context of security and surveillance of B&R systems and locations?
For business reasons and to maintain IT security measures, information about the use of B&R systems, including telephone (mobile and landline) and computer systems (including email and Internet access) and the private use of these systems is collected and monitored and used, provided that this is required to ensure the security of B&R systems and compliance with the B&R security policy under applicable law.
The minimum retention periods according to Question 7 also apply to the resulting log files.
If necessary, the relevant information and personal data will be handed over to the police or law enforcement agencies.Investigations are only carried out and information is only passed on to the relevant authorities in accordance with applicable law.