INFORMATION ON THE PROCESSING OF PERSONAL DATA Web Portal WWW.WESTPORT.COM/SWEDEN


Articles 5-6-7-12-13 of EU Regulation no. 679/2016

Phone: +46 – 31 – 757 85 00
Mail: westportsweden@westport.com

INFORMATION AND CONTACT DATA OF THE HOLDER OF THE PROCESSING Art. 13 PARAGRAPH1 lett. a) and b) EU Reg. n. 679/2016

Holder of the processing

Contact data of the holder of the processing

Westport AB, with registered office in Hulda Lindgrens Gata 4, 421 31 Västra Frölunda, Sweden as controller of your personal data, informs you, pursuant to Arts. 12 and 13 of EU Regulation no. 679/2016 (General Data Protection Regulation, henceforth referred to as “GDPR”), that your personal data will be processed by specifically authorized parties and limited to the purposes and methods specified below.

Object and Purpose of the Processing

Westport AB as Data Controller, informs you that it will process your personal data – specifically and solely for your personal, fiscal and postal data, including e-mail, banking and accounting information – directly communicated by you, for the sole purpose of implementing this purchase/sale contract (article 13 paragraph 1 letter c) of the GDPR).

In particular, the personal data processed by Westport AB are only those supplied by you when signing this purchase/supply contract. These data will be processed, in some cases upon your necessary and explicit consent, exclusively for the following specific purposes:

  1. Fulfillment and execution of the present contract of sale/supply and completion of every action aimed at the fulfillment of reciprocal obligations arising from the aforesaid contractual relationship; fulfillment of specific requests coming from the interested party before the conclusion of the present contract with the interested party; fulfillment of fiscal, administrative, technical and/or accounting obligations; customer management (customer administration, administration of contracts, orders, shipments and invoices, reliability and solvency control, assignment of credit, request for information); management of litigation (contractual breaches, warnings, transactions, debt collection, arbitration, litigation and legal disputes); internal control services (security, productivity, quality of services, integrity of assets);
  2. subject to your necessary and explicit consent, conduct of market research and market analysis aimed at detecting the degree of customer satisfaction on the quality and type of products sold and services offered, statistical and quantitative analysis on credits, in relation to management and recovery credits or in compliance with applicable supervisory provisions, as well as sending of advertising material and/or communications and information of a commercial nature and direct marketing (analysis and market surveys) on the products offered for sale and on the services offered by the Company. This can be done both by means of traditional contact systems, such as paper mail and telephone calls with an operator, or by using automated, computerized and/or telematic systems such as e-mail;
  3. subject to your necessary and explicit consent, the communication to third-party companies, as autonomous Data Controllers, of your personal data for the same marketing purposes and with the same means of contact specified in the previous point B). The communication of the data referred to in point A) to the company is a prerequisite for the establishment and execution of the contract of sale/supply of which you are party with the signing of this contract of sale/supply (Article 6 paragraph 1 letter b) of the GDPR), in particular with reference to all the specific services connected to the establishment and proper execution of the aforesaid contractual relationship. In the absence of communication of your data, it will not be possible, therefore, to complete the attached purchase/sale contract, and then to establish and execute the commercial contractual relationship itself.

The communication to the company of the data referred to in point B) and point C), on the other hand, is purely optional, and will not have any consequence on the execution of the supply/sale contract, if not the impossibility for the Owner to carry out these additional activities. And, in any case, it may be revoked by you at any time, not in any way preventing the establishment and execution of the contractual relationship of sale/supply.

METHOD OF PROCESSING

The processing of personal data communicated is carried out by means of the operations indicated in art. 4 n. 2) of the GDPR, namely: “collection, registration, organization, storage, consultation, processing, modification, selection, extraction, comparison, use, interconnection, communication, cancellation and destruction of data”.

The personal data communicated by you are processed in paper, computerized and telematic form and entered in the relevant personal data and related databases (administration, accounting, commercial, technical, marketing, etc.) using technical and organizational measures, to guarantee a level of security appropriate to the risk pursuant to art. 32 of the GDPR 2016/679, by specifically authorized subjects, in compliance with the provisions of art. 29 of the GDPR 2016/679, like employees and/or collaborators of Westport AB in their capacity as authorized parties and/or internal delegated representatives and/or system administrators, who may carry out operations of consultation, use, processing, comparison and any other appropriate operation, even automated, in compliance with the provisions of law necessary to guarantee, among other things, the confidentiality and security of data as well as the accuracy, updating and relevance of the data in relation to the stated purposes and methods.

It should be noted, in particular, that pursuant to art. 13, paragraph 1, lett. (e), that your personal data may be processed only by authorized persons and/or internals within the company delegated of the functions assigned to it (see Organigram and Mansion Privacy) and/or also by external processors (in person of individual professionals and/or complex professional associations), but only and exclusively for the purposes expressly and specifically indicated above, in charge, in particular, of accounting, financial, administrative, technical, commercial, legal and marketing management.

In particular, in relation to the purposes indicated above, the data may be disclosed to the following persons and/or categories of persons indicated below, or may be disclosed to companies and/or persons, both in Sweden and abroad, who provide services, also external, on behalf of the Data Controller. Among these, by way of example but not exhaustively are indicated for greater clarity: subjects – internal or external to the company – that provide IT and telematic services for the management of the information system used by Westport AB and telecommunications networks (including e-mail and management of web portals and internet sites – hosting); subjects that carry out user assistance activities; professional studies; financial administrations and other companies or public bodies in fulfillment of regulatory obligations; competent authorities and/or Supervisory Organs for the fulfillment of legal obligations; consulting companies; companies and law firms for the protection of contractual rights; subjects that perform control, revision and certification of the activities carried out by Westport AB It s hereby specified that the subjects belonging to the aforesaid categories are all appointed by the undersigned company for data processing pursuant to art. 28 of the GDPR, or operate in total autonomy as separate Data Controllers. The list of external data processors is constantly updated and available at the Westport AB headquarters.

We point out that, in compliance with the principles of lawfulness, limitation of purposes and conservation and minimization of data, pursuant to art. 5 GDPR 2016/679, except as above specified for data on web contacts for which the retention period corresponds to no more than 7 (seven) days, the retention period of your personal data is established for a period of time not superior to the achievement of the purposes for which they are collected and processed, or for the entire duration of the registration to the service www.westport.com/sweden

Westport AB informs you that, for the purposes of processing your personal data, it does not make use of automated decision-making processes, namely those aimed at making decisions based solely on technological means on the basis of predetermined criteria (i.e. without human involvement), not even is conducting profiling, namely the activity aimed at using your personal data to analyze or predict aspects of professional performance, economic situation, health, personal preferences, interests, reliability, behavior, location or travel, etc.

Westport AB reserves, pursuant to art. 13, paragraph 1, lett. (f), the right to transmit your personal data for the sole purpose of administrative, technical and commercial management to the controlling foreign company, Westport Fuel Systems Inc., located in Vancouver, Canada, 1750 West 75th Ave, in the Province of BC (British Columbia), for the purposes and according to the procedures all above foreseen and specified, here understood to be fully reproduced and reported.

RIGHTS OF THE INTERESTED PARTY

Right of access pursuant to art. 15 of the GDPR and Right of Rectification pursuant to art. 16 of the GDPR

As an interested party, pursuant to art. 15 GDPR, You have the right to obtain from Westport AB, as the data controller, confirmation of the existence or otherwise of the processing of personal data concerning yourself, of obtaining access to them and to all the information referred to in the same art. 15, paragraph 1, letters (a) to (h), by issuing a copy of the data processed in a structured format, in common use, readable by an automatic and interoperable device.

You, pursuant to art. 15 GDPR, also have the right to obtain from Westport AB the correction and/or integration of the data being processed if they are not updated and/or inaccurate and/or incomplete, by requesting and at the same time issuing an additional declaration to be sent to the e-mail address westportsweden@westport.com.

Westport AB will confirm the receipt of your request and provide you with information on the action taken, with reference to the exercise of your rights provided for in articles from 15 to 22 GDPR, within 1 (one) month from the receipt of the request. If necessary, and taking into account the complexity and the number of requests, Westport AB may extend this period of 2 (two) months, subject to a reasoned communication to be sent within 1 (one) month from the receipt of the request.

Westport AB will communicate any rectification and/or integration to all recipients, as identified by the art. 4, paragraph 1, n. (9) of the GDPR, to which such data have been transmitted, unless this proves impossible and/or involves a disproportionate effort.

Following the submission of your request for access or correction, if Westport AB has reasonable doubts about Your identity, you will be asked for further information to confirm it. These communications will be sent by email from westportsweden@westport.com, and will be processed by the person specifically authorized for the purpose.

In the event that Westport AB do not comply with your request within 1 (one) month from the receipt of the request, Westport AB will inform you of the reasons for the non-compliance, informing you from now on your right to propose a complaint to a Supervisory Authority, as specified in accordance with art. 13, paragraph 2, letter (d).


Cancellation right pursuant to art. 17 of the GDPR and right to limit the processing pursuant to art. 18 of the GDPR

As an interested party, you have the right to obtain from Westport AB, without undue delay and exclusively in the cases referred to in art. 17, paragraph 1, letters from (a) to (f) of the GDPR, the deletion of data concerning you – with the exception of the hypotheses specifically provided for by art. 17 paragraph 3.

As an interested party, and in the case one of the hypotheses referred to in art. 18, paragraph 1, letters from (a) to (d), of the GDPR, you have the right to request and obtain from Westport AB, by means of communication via e-mail to the address westportsweden@westport.com,or by registered letter with return receipt sent to the address Hulda Lindgrens Gata 4, 421 31 Västra Frölunda, Sweden the limitation of the processing of Your personal data, or that such data are not subjected to further processing and can no longer be modified. Westport AB ensures that the limitation of processing is implemented through appropriate technical devices that ensure its inaccessibility and non-modification.

Westport AB will provide to communicate the possible cancellation of your data and/or limitation of processing to all recipients, as identified by the art. 4, paragraph 1, n. (9) of the GDPR, to which these data have been transmitted, unless this proves impossible and/or involves a disproportionate effort.

Westport AB will confirm the receipt of your request and provide you with information on the action taken within 1 (one) month from receipt of the request. If necessary, and taking into account the complexity and the number of requests, Westport AB may extend this period of 2 (two) months, subject to a reasoned communication to be sent within one month from receipt of the request.. If your request is manifestly unfounded or excessive, especially in terms of repetition, Westport AB may charge a reasonable fee for providing the information, for the communication or for taking the required action, or refusing to fulfill the request. In the event that Westport AB do not comply with your request within 1 (one) month from receipt of the request, Westport AB will inform you of the reasons for the non-compliance, informing you from now on your right to propose a complaint to a Supervisory Authority, as specified in accordance with art. 13, paragraph 2, letter (d).


Data portability right pursuant to art. 20 of the GDPR

As an interested party, you have the right to receive from Westport AB the personal data concerning you in a structured format, commonly used and readable by automatic device, and also have the right to transmit such data to another data controller, or to obtain from Westport AB, where technically feasible, the direct transmission of such data to another Data Controller specifically identified, upon request to be sent via e-mail to westportsweden@westport.com, or via registered mail to the address Hulda Lindgrens Gata 4, 421 31 Västra Frölunda, Sweden.


Right to oppose to the treatment pursuant to art. 21 of the GDPR

You have the right to object at any time to the processing of personal data concerning you, for reasons related to your particular situation, in cases where the processing of your data is necessary (1) for carrying out a task of public interest and/or connected to the exercise of public authority for which Westport AB is invested; (2) for the pursuit of a legitimate interest of Westport AB or a third party; (3) for profiling activities performed by Westport AB based on the previous points.

You also have the right to object to the processing of your personal data for reasons related to your particular situation if they are processed for scientific or historical research purposes or for statistical purposes pursuant to Article 89 paragraph 1 of the GDPR, except in the case where the processing is necessary for the performance of a task of public interest.

The wish to exercise the right to object to the processing of your data must be communicated to Westport AB by e-mail to the address westportsweden@westport.com, or by registered mail to the address Hulda Lindgrens Gata 4, 421 31 Västra Frölunda, Sweden. Westport AB will provide to confirm, without undue delay, the receipt of your communication.

Following your communication, Westport AB, unless it is proved the existence of binding legitimate reasons to proceed with the processing of your data that prevail over your interests, rights and liberties, or that the processing is necessary for the assessment, exercise or defense of a right in judiciary place, or that processing for the purposes of scientific research, historical or statistical purposes is necessary for the performance of a task in the public interest, will refrain from further processing your personal data.

You have the right to oppose the processing also if your personal data are processed by Westport AB for direct marketing purposes and/or profiling activities linked to direct marketing. In such cases Westport AB, having received your communication in the manner indicated above, will refrain from further processing your personal data.