Data Privacy Notice for LINDE ASSET PERFORMANCE MONITORING

With the following data privacy notice, we would like to inform you about the processing of your personal data by Linde GmbH, Linde Engineering, Dr.-Carl-von-Linde-Str. 6-14, 82049 Pullach/Germany (in the following “Linde”) for the purpose “Linde Virtual Furnace”, “LINEX (Linde Heat Exchanger Monitoring)”, “Linde Plant Monitoring” and “ELY - Electrolyser Performance Monitoring” (individually or jointly called “LINDE ASSET PERFORMANCE MONITORING”).

From time to time, it may be necessary to adapt this privacy policy as whole as well as specific parts of it to comply with the up to date legal requirements or to cover the introduction of new services. The most recent version of our data privacy notice can be found at:https://www.linde.com/privacy-notice

1.General Information regarding Data Protection at Linde

1.1.Controller, Data Protection Officer and contact information

The controller responsible for the processing of your personal data in the sense of data protection law is Linde GmbH. Linde GmbH is a subsidiary of Linde plc (in this document, Linde plc and its affiliated companies are referred to as “Linde”), a leading global industrial gases and engineering company.

The contact details of the EU Group Data Protection Officer (“EU GDPO”) of Linde GmbH are:

Linde GmbH
EU Group Data Protection Officer
Dr.-Carl-von-Linde-Strasse 6-14, 82049 Pullach, Germany
Email:dataprotection@linde.com

In case you have questions on the processing of personal data in LINDE ASSET PERFORMANCE MONITORING, please contact the Linde HYPE-R-CARE Support using the following address:hypercare.support@linde.com

1.2.Your Data Privacy Rights

In connection with any processing of personal data by Linde GmbH, all data subjects have the following rights pursuant to Articles 15 to 21 GDPR - within the statutory limits of the member states:

Furthermore, you have the right to revoke your consent to the processing of your personal data at any time with effect for the future. Such revocation has no effect for the past, i.e. it does not affect the legitimacy of the data processing carried out up to the revocation. If you are of the opinion that the processing of personal data by Linde GmbH is not in accordance with the data protection regulations or you are not satisfied with the information provided by us, you have the right to file a complaint with the competent supervisory authority (see Art. 77 GDPR).

1.3.Transfer to Third Party Countries

In international projects, as is the rule in the engineering sector, data within the project teams must also be transferred to so-called third countries (non-EU). Where this is the case, we take appropriate measures to ensure an adequate level of data protection for your personal data. These include in particular adequacy decisions by the EU Commission or standard data protection clauses adopted by the EU Commission and are available via the EU Group Data Protection Officer.

1.4.Storage and Retention Periods

We process personal data only as long as it is necessary for the fulfilment of our contract obligations. As soon as the data concerned is no longer required for this, it is generally deleted. However, in order to comply with certain legal requirements, we must store some data beyond the termination of contractual relationships. This includes commercial and tax documentation, evidence and storage obligations. In these cases, we are generally required to safeguard or store data for three to ten years, or in rare instances, e.g. in legal disputes for up to 30 years.

1.5.Links

LINDE ASSET PERFORMANCE MONITORING contains links to other websites, which are subject to separate data protection notices of the respective operators of such websites.

2.Processing of Personal Data by Linde for the purpose of LINDE ASSET PERFORMANCE MONITORING

Our customers are as diverse as we are. To conduct our complex international business, it is necessary to process personal data.

2.1.Type of Personal Data processed by Linde for the purpose of LINDE ASSET PERFORMANCE MONITORING and origin

We process personal data only to the extent necessary to fulfil our contractual and legal obligations in connection with the business relationship with our customers and partners. “Processing” means that we collect, store, delete or transfer personal data, to list a few examples. Personal data processed by us includes:

We regularly receive the personal data processed by us within the framework of and in the course of our business relationship with our customers and suppliers. We also regularly receive and process personal data from you when visiting/using LINDE ASSET PERFORMANCE MONITORING.

2.2.Purpose for Processing and Legal Basis

We process your personal data only for permitted purposes and in accordance with the applicable legal provisions of the EU-GDPR and relevant national data protection laws.

2.2.1.We process to fulfil our Contractual Obligations

We process personal data to fulfil our contractual obligations towards our customers or to carry out so-called pre-contractual measures, which take place upon a specific request. In these cases, the purpose of data processing is determined by the contract we have concluded with our customers and services that are provided under this contract. This also includes, for example, the processing of personal data in the context of making proposals, exchanging documents during the service period, or conduction related activities.

2.2.2.We process Data to protect Legitimate Interests

We also process personal data insofar as it is necessary to safeguard the legitimate interests of Linde's companies as well as our suppliers (and, if applicable, other third parties). Where this is the case, we process personal data only after due consideration of your relevant interests. In particular, the following legitimate interests are pursued with the operation of LINDE ASSET PERFORMANCE MONITORING:

2.2.3.We process Data to fulfil Legal Obligations

We are required to process certain data in order to comply with legal obligations. Such obligations may arise from certain provisions of national commercial, trade, tax and social law as well as European legislation, e.g. in connection with regulations to avoid the financing of terrorism. In detail, this may also result in obligations for Linde to safeguard, store, report and collect data, which generally serve control purposes from the respective authorities.

2.2.4.Information regarding Change of Purpose

Should we process your personal data for any reason other than that for which we originally collected them, we will only do so to the extent permitted by law and will inform you of this new purpose.

2.3.Categories of Recipients

Within our company, those bodies and departments receive personal data that they need to fulfil the aforementioned purposes.

In some cases, but only when necessary, we might transfer contact information to other parties involved in providing the specified service.

In some cases we use various types of service providers and transfer your personal data to other trusted recipients. These can include:

2.4.Obligation to provide Data

In order to be able to work with our customers, we must process certain personal data or are legally obliged to do so. Without these data we cannot grant access to LINDE ASSET PERFORMANCE MONITORING or conclude our service contracts.

2.5.Automated Decision-Making and Profiling

We do not use automated decision-making processes for procedures that have legal implications or a similarly significant impact on you. No decision will be made without further human review.

Profiling within the meaning of Art. 4 (4) GDPR in general does not take place at Linde. In case of an exception, a separate data protection notice will be provided.

 

IMPORTANT NOTICE

Information regarding your Right of Objection

You have the right to object at any time to certain types of processing of your data for reasons arising from your particular situation. This right applies to data processing in the public interest and to data processing to protect legitimate separate interests. This right also applies to profiling, insofar as it is based on these two provisions.

In the event of a contradiction, we will cease processing your personal data. However, this does not apply if we can prove compelling reasons worthy of protection for the processing, that outweigh your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.

Your objection does not require any specific form and can be e-mailed to us at:hypercare.support@linde.com with a copy todataprotection@linde.com.