HEBS Digital GDPR Statement

See previous sections 1-7.

8. Processing of Prospective Supplier Data and Supplier Data

8.1.   In this Section we will inform you about how we process and use personal data in relation to prospective and actual suppliers. In this context we use the term “supplier” cover not only the suppliers of products but any business partner who is not a customer or employee, including also service providers, consultants and freelancers.

8.2.    We generally store and process data in relation to prospective and actual suppliers in the same manner and in the same databases as data on prospective and actual suppliers. Therefore all information on prospective customer data and customer data in this Privacy Statement also apply to data in relation to prospective and actual suppliers. 

8.3.    We will store and process data in relation to prospective and actual suppliers and all correspondence and documents (correspondence, orders, contracts, complaints, etc.) within the scope of the business relationship to perform the respective contractual relationship with you with respect to your products and services on the one hand (legal basis for processing: Art. 6 no. 1 lit. b) of the GDPR), and, on the other hand, to protect our legitimate interest in documenting contractual agreements and correspondence for establishing, exercising or defending related legal claims, and, where relevant, fulfilling our product monitoring obligation with respect to your products and services (legal basis for processing: Art. 6 no. 1 lit. f) of the GDPR) as well as fulfilling statutory documentation and document retention obligations (legal basis for processing: Art. 6 no. 1 lit. c) of the GDPR).

8.4.   We share data with other companies of our group of undertakings. For further information on this and on the safeguards we have put in place in this respect, please refer to Sec. 11 below.

8.5.   We also refer to Sections 12 et seq. for further information regarding the possible recipients and retention periods of the above information.

8.6.    Data Transfers, Legal Basis and Purposes 

Personal data controlled by us may be disclosed to other companies within our group of undertakings (“Affiliate(s)”) where such data is uploaded to a joint account. 
We maintain a joint salesforce.com account together with Serenata Intraware, GmbH. Germany, another entity in our group of undertakings. salesforce.com is a cloud-based enterprise software service including sales, service, marketing, analytics, community, and mobile apps operated by SFDC (see Sec. 4.4), and may be hosted in an unsafe third country. 

We use the salesforce.com platform to store and process individual and company contact information on customers and their employees of our Hospitality Provider customer, applicant, as well as our own employees. This includes name, title, email address, phone number, street address, company name, contract information, account information, and correspondence and communications. We also use the salesforce.com platform to track sales opportunities and to conduct outreach and client engagement via email. Data uploaded to salesforce.com may be shared by Affiliates for the purpose of account planning and management. 

Data uploaded to joint accounts are accessed by all Affiliates with access to the account for the purposes identified above. We may also share such data with HEBS Digital Europe outside of joint accounts for the same purposes. In any case, access to data in joint accounts is always restricted by multiple levels of access rights granted on a need-to-know basis ensuring that the Affiliates, and within each Affiliate the respective employees, access only the data they require for their business functions.

We have concluded a contract processing agreement with SFDC to ensure that personal data is processed only on its behalf and in accordance with its instructions and has agreed to exercise its rights under such agreements also in our interest. 

We share data in the contexts specified hereinabove in order to protect our legitimate interests in coordinating sales processes and business and IT administrative processes on the level of the group of undertakings and planning and providing our deliveries and services as close to our customers as possible (legal basis for processing: Art. 6 no. 1 lit. f) of the GDPR). 

In order to provide for a uniform level of data protection throughout our group of undertakings, we have agreed upon uniform data protection provisions for all data transfers within our group of undertakings which, with respect to data exports outside of the European Economic Area, incorporate the standard data protection clauses adopted by the Commission for this purpose.

9.    General Information on Recipients, Categories of Recipients and Transfers

9.1.    All of our servers and databases may be operated, maintained or further developed by additional processors or other contractors. They may have access to your data. 

9.2.   Where we store and process data for the performance of contracts, we may pass these data on to agents and contractors we employ for such performance (e.g. to carriers for transportation purposes).

9.3.   Where we store and process data for communication with you, we may use additional processors or contractors in order to process or transmit electronic or paper correspondence with you (e.g. letter shops, mailing service providers), who will then have access to your data.

9.4.   We will transfer your personal data to competent law enforcement, regulatory or other authorities, institutions or bodies if we are legally obligated to do so (legal basis for processing: Art. 6 no. 1 lit. c) of the GDPR) or if we have a legitimate interest in averting coercive measures of such authorities, institutions or bodies within the scope of their legal responsibilities (legal basis for processing: Art. 6 no. 1 lit. f) of the GDPR). Such legally required or necessary transmissions are not the subject of this Privacy Statement.

10.    General Information on Retention Periods and Anonymisation

10.1.    We have enacted a data retention and deletion policy in order to ensure that personal data are only stored for as long as necessary for their purpose.

10.2.    Our data retention and deletion policy takes account of the principle that personal data should be retained for limited periods even after the storage purpose has become obsolete, in order to preserve our legitimate interest in preventing unintentional deletions, in enabling the establishment, exercise or defence of legal claims and in rendering the administration of retention and deletion periods practicable (legal basis for processing: Art. 6 no. 1 lit. f) of the GDPR).. We assume that your interests do not conflict with this, because these additional retention periods are appropriate with respect to the interests to be protected.

10.3.    Unless detailed information on deletion periods has already been provided above, the following general deletion periods will apply in accordance with our data retention and deletion policy. Where data fall under several different deletion periods, the longest will always apply:

10.3.1.    We will retain customer data for the duration of the customer relationship. After the end of the customer relationship such data will continue to be retained for as long as these data are necessary for the maintenance of the customer account and for the administration of documents or data relating to the customer which fall into any of the categories identified hereinbelow. Otherwise customer data will be deleted after expiry of one year.

10.3.2.    For compliance with the statutory retention period for commercial letters and tax documents we will retain correspondence, invoices, and other booking documentation for 7 years.

10.3.3.    We will retain contract-related data and documents for 7 years after the end of the contractual relationship in view of the statutory limitation period for claims and statutory document retention obligations for booking receipts.

10.4.    If the term “erasure” or "deletion" is used in this Privacy Statement, we reserve the right to anonymise the relevant data record, such that it can no longer be assigned to you, instead of complete deletion.

10.5.    Anonymised data may be processed and used by us and our processors for an unlimited period. The processing and use of anonymised data is not subject to the GDPR and is not the subject of this Privacy Statement.

11. Your Rights
You as the data subject have certain rights with regard to your personal data, which we will explain to you below:

11.1.    Right of Access and Information (Art. 15 of the GDPR) - You have the right, where the statutory requirements are met, to request from us at any time, at no cost, confirmation as to whether personal data relating to you is being processed, a copy of this data and comprehensive information on this personal data. This right extends in particular, without limitation, to the purposes of processing, the categories of personal data being processed, the recipients, the storage period and the origin of the data.

11.2.    Right to Rectification (Art. 16 of the GDPR) - You have the right to request us to rectify incorrect and incomplete personal

11.3.    Right to be Forgotten (Art. 17 of the GDPR) - You have the right to demand from us the immediate deletion of personal data concerning you, where the statutory requirements are met, if, among other reasons, their storage is no longer necessary or unlawful, if you withdraw your consent on which their storage was based, if you have validly objected to their storage in accordance with Sections 10.7 et seq., if we are obligated to delete them for any other reason or if the data were collected as part of a web service.  If we have made the data public, in addition to deletion of the data, we must also inform other controllers in such cases that you have requested the deletion of this data and all references thereto, insofar as this is reasonable in view of the available technology and the implementation costs. The above obligation does not apply in certain exceptional cases, in particular storage for the purpose of establishing, exercising or defending legal claims.

11.4.    Right to Restriction of Processing (Art. 18 of the GDPR) - You have the right to request us, where the statutory requirements are met, to restrict the processing of personal data relating to you, for example if you dispute their accuracy, the storage is no longer necessary or is unlawful and you still do not wish to have it deleted or if you have filed an objection to the processing (Sections 10.7 et seq.) as long as it has not yet been established whether our legitimate reasons outweigh yours.

11.5.    Right to Data Portability (Art. 20 of the GDPR) - If automated processing of personal data occurs solely on the basis of your consent or to fulfil a contract with you or to implement pre-contractual measures, you have the right to require us, subject to statutory requirements, to make available the personal data in relation to yourself that you have provided to you or to a third party you designate, if this is technically feasible, in a structured, current and machine-readable format and not to impede its transfer to a third party.

11.6.    Right of Objection (Art. 21(1) of the GDPR) - You have the right to require us, where the statutory requirements are met, to no longer process personal data relating to you which we process for the performance of a task which is in the public interest or for the protection of our legitimate interests or those of a third party, if you object to such processing for reasons which arise from your particular situation. In this case we must desist from further processing unless there are compelling grounds for processing which outweigh your interests or the processing is carried out for the establishment, exercise or defence of legal claims.

11.7.    Right of Objection to Direct Marketing (Art. 21(2) of the GDPR) - You can object to the further processing of your personal data for direct marketing purposes at any time, and we will consequently refrain from processing them for this purpose. This also applies to profiling insofar as it is associated with such direct marketing.

11.8.    Automated Decisions (Art. 22 of the GDPR) - We will not make any decisions without your consent which produce legal effects concerning you or similarly significantly affect you and that are based exclusively on automated processing (including profiling).

11.9.    Guarantees - To the extent that we indicate in this Privacy Policy that guarantees have been agreed to provide an adequate level of protection, you may request copies of the relevant documents from our designated representative within the EU.

11.10.    Consents - If you consent to processing, this is voluntary, unless we inform you otherwise in advance, and the refusal of consent will not be sanctioned. You can withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Processing on a legal basis other than your consent will also be unaffected by such withdrawal. However, you may also exercise the above statutory rights in this respect (e.g. the right of objection pursuant to Sections 10.7 et seq.). In particular, you may withdraw any consent to the use of your e-mail address or telephone number for direct marketing at any time and may object to any further use of your e-mail address or telephone number for this purpose at any time, free of charge (other than communication costs payable to your provider ).

11.11.    Right to Lodge a Complaint - You have the right to lodge a complaint with a supervisory authority. This may include, among others, the supervisory authority responsible for your place of residence or the supervisory authority generally responsible for us (Section 1.3).

11.12.    Contact - You can contact us in any form to exercise your rights, in particular to withdraw any consent you may have given, and especially our representative in the European Union also. You may be required to identify yourself to us as a data subject to exercise your rights.

12.    Security
We have taken extensive, state-of-the-art technical and organizational measures to protect your personal data from unauthorized access and misuse.

Rev. May 2018
HEBS Digital