Below, we would like to provide you with an overview of how we collect and process your personal data as part of our working relationship with you and what rights you have under the data protection laws. You will also find information as to what data we collect in connection with our business partnership with you and how such data are processed. The information that we provide is founded on Articles 13 and 14 of the EU General Data Protection Regulation (GDPR).
2. Data protection officer
Mitsubishi Heavy Industries Thermal Transport Europe GmbH has engaged a data protection officer. You can contact our company data protection officer either by e-mail: firstname.lastname@example.org or by post via the address shown above
3. What data do we use and where do the data come from?
Mitsubishi Heavy Industries Thermal Transport Europe GmbH processes personal data concerning customers and their points of contact which the company is given in the course of the business relationship. Moreover, we process personal data which we derive from public records (e.g. commercial registers, the Internet), or which are made available to us by credit agencies, in compliance with data protection provisions. This includes the following data categories: personal master data (name, work address, contact information, incl. e-mail address, date of birth); business history data (offers, orders, turnover), data regarding financial performance (credit information) and advertising data (e.g. consent or objections to advertising).
4. For what purposes does Mitsubishi Heavy Industries Thermal Transport Europe GmbH process your data and on what legal grounds?
Mitsubishi Heavy Industries Thermal Transport Europe GmbH processes your personal data in compliance with the requirements of the EU General Data Protection Regulation (GDPR) in order to achieve the following purposes:
We process your personal data in order to fulfil contracts, including the processing of complaints. Moreover, we process your data prior to concluding contracts if, and to the extent that, you request our products and services. The processing of such data is undertaken on the basis of Item (b) of Article 6(1) Sent. 1 GDPR.
We furthermore process your data if you provide your consent for us to do so. In such a case, the processing is undertaken on the basis of Item (a) of Article 6(1) Sent. 1 GDPR. When obtaining your consent, we will inform you of the specific purpose of the envisaged processing. Any consent provided to us can be withdrawn by you at any time with future effect. This equally applies to any consent which you may have provided prior to 25 May 2018. Information concerning the possibility of withdrawing your consent will be provided at the time that you provide us with your consent.
Finally, we process data provided that we have a legitimate interest, except where such interest is overridden by your interests or fundamental rights which require protection of personal data. In such a case, the processing is undertaken on the basis of Item (f) of Article 6(1) Sent. 1 GDPR. The processing includes the dispatch of information and offers from Mitsubishi Heavy Industries Thermal Transport Europe GmbH and market and opinion research, provided that you do not object to such processing. Moreover, we process personal data, on the basis of a legitimate interest, in order to evaluate the creditworthiness of a customer so that we can assert our payment claims, including the engagement of collection and legal services.
5. To whom does Mitsubishi Heavy Industries Thermal Transport Europe GmbH forward your data?
Within Mitsubishi Heavy Industries Thermal Transport Europe GmbH, your data is provided to those departments which require such data in order to fulfil a contract or conduct the pre-contractual steps (e.g. financial accounting).
In addition. departments are sent your data if there is a legitimate interest for them to process such data, e.g. the Marketing department, in order to contact you with advertising. To the extent that it is required, we will also forward data to supporting service providers (e.g. postal services, IT service providers, collection services and legal services).
Outside Mitsubishi Heavy Industries Thermal Transport Europe GmbH, your data are forwarded to third parties: to the tax authorities in fulfilment of obligations to report and to prove the accuracy of tax returns, and also to law enforcement agencies insofar as a legal obligation to do so exists.
6. Does Mitsubishi Heavy Industries Thermal Transport Europe GmbH transfer your data to an international organisation or a third country?
For the purpose of processing your data, we have engaged technical service providers that are based in a country outside the member states of the European Union (“third country”). If, and to the extent that, these companies process data in a country outside the European Union, this shall only occur if a decision adopted by the European Commission determines that a sufficient degree of protection is afforded in the third country in question (Art. 45 GDPR) or, in the absence of such a decision, appropriate safeguards exist to protect your data and enforceable rights and effective legal remedies are available to you (Art. 46 GDPR).
7. How long is your data stored for by Mitsubishi Heavy Industries Thermal Transport Europe GmbH?
We store your personal data for as long as is needed to fulfil the contract with you. If, and to the extent that, your data are subject to specific retention periods under tax, commercial or any other law, we will save such data until the retention periods in question have expired. These retention periods are, for example, 6 years under the corresponding tax regulations, and 10 years under commercial law. If, and to the extent that, we have stored your data for the additional purpose of contacting you with advertising on the basis of a legitimate interest, we will erase such data from the time that you object to being contacted further with any advertising. This will not apply if such data must be retained for a specified duration as prescribed by law. In this instance, the data will be blocked from being used for advertising purposes, however.
8. Information on customer data protection rights / Supervisory authority
Every customer has the right to access both the data concerning them that are stored at Mitsubishi Heavy Industries Thermal Transport Europe GmbH and information about the purpose of their processing pursuant to Art. 15 GDPR, the right to rectification of their data pursuant to Art. 16 GDPR, the right to erasure of personal data upon the fulfilment of the contract pursuant to Art. 17 GDPR – provided that this does not conflict with any legal obligations to preserve the data – the right to restriction of processing pursuant to Art. 18 GDPR, the right to object pursuant to Art. 21 GDPR, and the right to data portability pursuant to Art. 20 GDPR.
Should you have consented to Mitsubishi Heavy Industries Thermal Transport Europe GmbH processing your personal data, you can withdraw such consent at any time without affecting the lawfulness of the processing that was undertaken on the basis of the originally issued consent prior to it being withdrawn. You also have the right to lodge a complaint with the incumbent supervisory authority in accordance with Art. 77 GDPR.
For questions or information regarding how your personal data are protected and how to establish the above rights, please contact our data protection officer.
9. Information on the existence of a right to object pursuant to Art. 21 GDPR
Existence of a right to object in specific situations
You have the right, if there are grounds for your particular situation, to object to your data being processed if the processing is necessary for the performance of a task carried out in the public interest or in the exercise of an official authority (Item (e) of Art. 6(1) Sent. 1 vested in Mitsubishi Heavy Industries Thermal Transport Europe GmbH. The same applies for profiling based on the aforementioned provision. Should you object to the processing, we will cease processing your data for these purposes unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing serves the establishment, exercise or defence of legal claims.
Existence of a right to object to the processing of data for advertising purposes, including any related upstream profiling
We process your data in order to contact you with advertising and, in this context, carry out the processing of data in order to align our marketing activities to your interests (profiling). The processing of data for direct advertising is carried out on the basis of an overriding legitimate interest of Mitsubishi Heavy Industries Thermal Transport Europe GmbH.
You can object, at any time, to your personal data being processed for direct advertising. This equally applies in the case of profiling to the extent that the data are used to contact you with advertising. Should you object to the processing for the purpose of direct advertising, your data will no longer be processed for such purposes.
Your objection does not need to comply with any particular form and can be submitted to:
Mitsubishi Heavy Industries Thermal Transport Europe GmbH
Hannoversche Straße 49
Phone +49 (0) 541 80005-0
Fax +49 (0) 541 80005-185
10. Do customers and their points of contact need to provide Mitsubishi Heavy Industries Thermal Transport Europe GmbH with personal data?
To initiate a contract, conclude a contract and ultimately to fulfil a contract with Mitsubishi Heavy Industries Thermal Transport Europe GmbH, it is necessary for the customer data specified in Point 3 to be collected and processed. Without such data, we are not in a position to enter into a business relationship with customers or to provide any contractually agreed services as part of an existing business relationship.
11. Is automated decision-making used?
The customer has the right not to be subjected to a decision based solely on automated processing, including profiling, which constitutes any legal effects for him or her or similarly significantly affects him or her. (Art. 22 GDPR). We never employ such automated decisions. Should we, by way of exception, conduct this type of processing, we will give you prior notice.
Customer data is, in part, processed through automated means in order to provide information on services and products supplied by Mitsubishi Heavy Industries Thermal Transport Europe GmbH that is as interest-based as possible. In doing so, we take account of the existing business relationship, including the services and products used by the customer to data as well as the size of turnover generated.
Last revised: 17.09.2018