The affiliated companies within the BW Group (“BW” or “the Company” or “we”) acting in capacity as data controller, respects and protects the data privacy of its customers, suppliers, agents, partners and others BW may be in contact with, including any individuals employed by, representing or otherwise acting on behalf of such entities (jointly referred to hereafter as “Contacts”).This document contains information on when, why and how BW processes personal data related to its Contacts. Further, this document constitutes binding guidelines for BW’s personnel; so that all processing of personal data related to Contacts must comply with these provisions.
2 What types of personal data related to contacts are processed?
We only process personal data related to Contacts as necessary for the administration of the relationship with the Contacts, such as e.g. the customer, supplier or partner relationship.
Specifically, this may involve processing personal data such as name, address, telephone number and other contact information, national identity number, position and role, employer, account number, customer/supplier history (what was purchased when, etc.), information about meetings, communication and correspondence with BW representatives, complaints and disputes, payment history, credit checks, information required for tax purposes, etc. Certain Contacts, such as agents, may be subject to due diligence reviews, and data from such reviews will be processed.
In general, the Company does not process special categories (sensitive) personal data related to its Contacts.
The personal data held by BW is normally provided by the Contacts themselves or the companies/organizations on whose behalf they act. Personal data related to Contacts may also be generated through the Contacts’ own activities in the context of the relationship between BW and the Contact, including in connection with a purchase, sale or delivery to/from BW, or communication between the Contact and BW. In some cases, BW may supplement such information with data from external sources, for example in connection with credit checks, agent due diligence, the collection of supplementary information on the Internet, etc.
3 The purpose of processing - what data are used for
Personal data are primarily used by BW to administer and manage the relationship with the Contact or the company/organization that the Contact represents, including in communications with and follow-up of BW’s customers and suppliers, delivery completion and other performance of agreements, invoicing, handling of complaints and disputes. The personal data may also be used as necessary to communicate with the authorities or otherwise comply with legal obligations. The Company may also use personal data to send out information on offers and marketing materials, and to assess what kinds of materials should be sent to which Contacts, and when.
4 Legal basis
The Company will sometimes obtain a Contact’s consent to the processing of personal data, and will then have a legal basis to process pursuant to Article 6(1)(a) of the GDPR. Legal basis for the processing of personal data may also be found in Article 6(1)(b) of the GDPR, where processing is necessary for the performance of a contract with the Contact or in order to take steps at the request of the Contact prior to entering into a contract. Further, legal basis may be found in Article 6(1)(f) of the GDPR (balancing of interests). The interest pursued by BW is that set out in section 3 above.
5 Recipients - access restrictions and parties we may share personal data with
BW restricts access to Contacts data to personnel who require such access for the purposes specified in section 3 above. BW may also share such data with sub-suppliers and other partners and, when specifically required, with advisers, auditors, lawyers, IT consultants and others.
6 Use of processors and transfer of personal data
BW may use suppliers (processors) to assist with the processing of personal data related to Contacts. This may occur, for example, when IT operations or the back-up of data are outsourced to an external supplier or to other legal entities in the BW group. All of BW’s use of processors will comply with applicable statutory requirements and the Company’s guidelines.
In cases where the disclosure of data involves a transfer of personal data outside of EU/EEA, BW has mechanisms in place to ensure that: i) the standard of protection applicable to the transferred data is comparable to the protection under applicable data protection legislation; and ii) the recipient of the data is required to provide a standard of protection to the transferred personal data comparable to the protection granted under applicable data protection legislation as appropriate. Thus, transfer of personal data to third parties and/or outside the EU/EEA will only take place when a legal basis for such transfer can be found. For transfers outside the EU/EEA, the legal basis for this will be EU Model Contracts, Privacy Shield certification or other recognized legal basis.
7 How long is data stored for?
Personal data related to Contacts will only be stored for as long as necessary for the purpose of the processing and in order to comply with applicable statutory requirements, and will then be erased.
[In order to obtain more information regarding BW’s retention of Contact data, please contact the Company through the e-mail address specified in section 10 below.]
8 The rights of the contacts as data subjects
The GDPR grants certain rights to the Contacts in their capacity as being data subjects, including the right to request access to data about them that the Company processes and, subject to certain conditions, the right to claim erasure or rectification of data. Other rights include the right to request to object to or have limited the data processing, or to request the transmission of personal customer data to others (data portability). BW does not carry out automated decision-making or profiling.
The Company will meet its obligations in this regard, and Contacts who wish to exercise such rights can contact the Company through the e-mail address specified in section 10 below. Contacts who disagree with BW’s decisions in this respect, may also appeal to the local data protection authority. We ask you to contact us beforehand, so that we may clarify any misunderstandings.
10 Contact Details
If you have questions or requests related to our processing of your personal data, please contact us at [email protected]