Customer Privacy Policy – Smart Marketplace

This ABB Customer Privacy & Cookie Notice (“Notice“) applies to ABB E-mobility B.V., a company incorporated in Netherlands, whose registered office is at Heertjeslaan 6, 2629JG Delft in the Netherlands (“ABB E-mobility“, “we“, “our“) and explains how ABB E-mobilitycollects, uses, stores or otherwise processes your personal data in connection with your or your company’s purchase of an ABB E-mobilityTerraACWallbox (“Wallbox“) and associated Wallbox installation services via the SMART Marketplace available at https://smart.com/ (“Marketplace“) and your subsequent interactions with ABB E-mobility, such as in the context of the installation and operation of the Wallbox and related customer support, including via our online customer environment made available when you purchase a Wallbox and/or associated Wallbox installation services (“Customer Environment“). This Notice also informs you about your related rights under data protection law.

Please note that the Marketplace is operated by the local Smart legal entity that is mentioned on the Marketplace (“SMART“), and SMART is solely responsible for the collection and processing of your personal data via the Marketplace. For the information on the processing of your personal data by SMART, and your related rights, please see SMART’s Privacy Statement which SMART makes available to you via the Marketplace. This Notice only governs the processing of the personal data that ABB E-mobility receives from SMART when you or your company purchases a Wallbox and/or associated Wallbox installation services via the Marketplace, and your related interactions with ABBE-mobility, including in the context of subsequent installation, operation and support of the Wallbox.

1. Who is responsible for the processing of my personal data? How can I contact ABB E-mobility or its data protection officer?

ABB E-mobility B.V. is responsible for the processing of your personal data as controller. You can contact ABBE-mobility’s customer support at any time at the following contact details:

ABB E-mobility B.V.
Postfach 201101
48092 Münster
Germany

Email: hello.smart@abb.com.

You can also contact our data protection officer via email at: privacy@abb.com.

2.how and what personal data will be collected about me?

If you purchase a Wallbox and/or associated Wallbox installation services via the Marketplace, we receive certain personal data about you from SMART in connection with the establishment, performance or termination of the relevant sales agreement with you or, as applicable, your company as our customer.

Other than the personal data we receive from SMART, we collect and use any personal data you provide to us, such as in the context of any subsequent installation or operation of the Wallbox or any related customer support. However, there may be scenarios, as further explained in this Notice below, where we also receive personal data from your employer or company and/or from our business partners and service providers, from other group companies, or from publicly available sources.

2.1 Purchase via Marketplace

When you purchase a Wallbox and/or associated Wallbox installation services via the Marketplace, we will receive the following categories of personal data from SMART, as necessary to establish and perform the sales agreement with you or, as applicable, your company as our customer:

contact details, such as first name, last name, salutation, address, city, region, country, postal code, email address, phone number, business phone number, customer ID and language;
supplementary business information, if the purchase is made by a business customer, such as unit ID, unit name, unit description, VAT registration number, sales organization ID and tax group code;
order information, such as marketplace, code, vendor code, order date, purchase order number, order entry number, product/service name, ID and quantity, pricing information (e.g. price, tax amount, delivery costs, discounts), shipping address (e.g., first name, last name, salutation, address, city, region, country, postal code, phone number, business phone number, email address), voucher code, merchant customer ID, delivery mode, order and delivery status, and any optional remarks made by you;
payment and billing details, such as payment method, currency, payment amount, payment reference, settlement reference, and billing address (e.g., first name, last name, salutation, address, city, region, country, postal code, phone number, business phone number, email address); and
any other personal data relating to you which you provide to us for the purpose of receiving the Wallbox and/or associated Wallbox installation services.

2.2 Use of Customer Environment

If you purchase a Wallbox via the Marketplace, you will have access to our Customer Environment where you can view the shipment status of your order and relevant documentation (e.g. invoice and order details) for your purchased Wallbox. You can access the Customer Environment without disclosing any further personal data about you.

If you purchase our Wallbox installation services, you will be asked to provide additional information via our Customer Environment to enable ABB E-mobility and its installation partners (including any of their subcontractors) to perform the Wallbox installation services. This includes the following types of information:

information relating to the installation site and conditions, such as type of house, approx. point in time of construction/last renovation of the electrical system, status as owner/tenant, desired installation site, photo of installation location, confirmation of appropriate documentation/owner consent (if necessary);
information on stand mounting, such as distance to electrical installation in metres (optional), soil condition (optional), photos of installation site/area;
information on necessary masonry work, such as number of wall openings inside the house (optional), number of wall openings through exterior walls (optional);
details of existing electrical installation, such as house fuse in amperes, availability of overvoltage protection/lightning conductor/equipotential bonding (optional), photos of electricity meter cabinet/distribution box, photos of fuses and designation (optional);
information on network operator/energy supplier and records of related authorization for registration;
marketing and communications preferences indicated by you, such as your consent to send customer satisfaction surveys, your preferred method of contact (e.g. WhatsApp video call, FaceTime video call, phone call or other webservice call) and preferred time for call appointment; and
records of consents and authorizations granted by the property owner, owners’ association or other relevant third parties for having the Wallbox installation services carried out, as applicable and required by ABB E-mobility where the customer is not the owner of the property where the Wallbox will be installed).

2.3 Customer support, bug reporting and other interactions

If you decide to contact our customer support, report a bug or otherwise send a request or enquiry, such as in relation to our Wallbox and associated services, we will collect and process the personal data that you disclose to us and/or that you submit due to the type of your request us (e.g. in emails, on phone calls, in customer satisfaction surveys, or in other correspondence with us or our service providers), including, as applicable, your name, email address, phone number, postal address, language, subject matter and description.

3. For which purposes and on which legal bases will my data be processed?

ABB E-mobility may use your personal data as described above for the following purposes:

Providing our products and services to you
processing and fulfilling orders, delivering the Wallboxes, providing the Wallbox installation services and keeping you informed about the status of your or your company’s order;
operating and managing the Wallbox;
providing customer support services and responding to any other support query you may have;
providing the Customer Environment and sending you access codes via text messages to enable secure access to our Customer Environment;
contacting you via your preferred communication methods, as necessary for discussion with the Wallbox installation service team for ensuring smooth and adequate installation;
accounting and billing, processing and collecting payments; and
managing the customer relationship including providing customer and product support and process, evaluate and respond to requests and inquiries, contract lifecycle management.

We process your personal data for the above purposes on the basis of the necessity of the processing for the performance of the sales agreement with you, or in order to take steps at your request prior to entering into the sales agreement. As far as the business relationship exists between ABB E-mobility and your company and we process your personal data, we rely on our legitimate interests in the establishment, performance and handling of the business relationship with your company.

Sending customer satisfaction surveys
Sending customer satisfaction surveys to learn more about your preferences and customer satisfaction, and related market analysis.

We may process your personal data for the above purposes on the basis of the necessity of the processing for purposes of our legitimate interests in understanding customer satisfaction. To the extent required under applicable laws, we will ask for your prior consent before contacting you for these purposes via telephone, email, text or other forms of electronic communications . You can withdraw your consent at any time.

Improving our products and services
Process personal data for analytical purposes to improve our products and services.

We process your personal data for the above purposes on the basis of legitimate interests of growing our business and improving or developing products and services. If required under applicable laws, we will obtain your consent for such the above purposes, which can withdraw at any time.

Maintaining, management and furtherance of our business
conduct, management, development and furtherance of our business in the broadest sense possible including supply of products and services, performance of agreements and order management with customers, process and fulfilment of purchases, and maintaining the customer relationship;
reduction of default risks in our sales processes, enforcement of legal claims, including debt collection via out-of-court procedures; and
transmitting personal data within the ABB group for internal administrative purposes as necessary for example to provide centralized services.

We process your personal data for the above purposes on the basis of the necessity of the processing for purposes of our legitimate interests in maintaining, managing, operating and furthering our business.

Maintaining, operating and protecting the security of our products and services
maintaining and protecting the security of products, facilities, services, systems, networks, computers and information, including our Customer Environment, preventing and detecting security threats, and fraud or other illegal or unwanted activities; and
managing IT resources, including infrastructure management including data back-up, information systems’ support and service operations for application management, end user support, testing, maintenance, security (incident response, risk, vulnerability, breach response), user accounts creation and management, software licenses assignment and management, security and performance testing and business continuity, monitoring access to systems, downloads.

Legal and regulatory compliance
ensuring compliance with legal obligations and statutory requirements, for example, on the basis of tax or reporting obligations, cooperation obligations with authorities, statutory retention periods or the disclosure of personal data within the scope of official or judicial measures;
carrying out audits, reviews and regulatory checks to meet obligations to authorities;
governance, risk and compliance as required by applicable laws, which may include know your customer and anti-money laundering obligations, customs and global trade compliance and sanctioned party list screening, security, including prevention, detection of fraud, corruption, money laundering, the financing of terrorism and other criminal acts; and
monitoring, investigating and ensuring compliance with ABB E-mobility internal compliance requirements and policies.

We process your personal data for the above purposes as necessary to comply with our legal obligations and/or for purposes of our legitimate interests in ensuring and documenting compliance with legal and regulatory requirements.

Defending our rights and legal claims
establishing, exercising and defending our rights, and protecting ourselves against legal claims and disputes, such as for example to detect, prevent and respond to fraudulent behaviour or other illegal activity, including investigations of such activity, misuse of ABB E-mobility assets, products and services, to enforce the ABB E-mobility’s terms and conditions, or where the disclosure of personal data may be required within the scope of official or judicial measures for the purposes of taking evidence, prosecution or enforcement of civil law claims.

We process your personal data for the above purposes on the basis of the necessity of the processing for purposes of our legitimate interests in establishing, exercising or defending our legal claims.

4. Do I have to provide my personal data?

You are under no obligation to provide any personal data to us. However, where it concerns processing operations related to the business relationship with you, ABB E-mobility may not be able to adequately establish, conduct or terminate a contractual relationship with you or your company and generally perform the purposes described above if you do not provide your personal data. Although we cannot oblige you to provide us with your personal data, please note that failure to do so may have consequences which could adversely affect the business relationship, such as not being able to take the pre-contractual measures you have actively requested in order to enter into a agreement with you or your company or to provide our services or products, or to perform the sales agreement and continue the business relationship you have requested.

5. Who will my personal data be disclosed to?

We only share your personal data with other ABB E-mobility affiliates or third parties as necessary for the purposes described in the table below.

Recipient	Recipient location	Purpose
ABB E-mobility affiliates and subsidiaries	See the list of ABB E-mobility affiliates.	The purposes described in this Notice
Service providers that support us in providing our products and services, including: Installation service providers including their subcontractors Logistics service providers Transport service providers Financial service providers Customer support service providers Payment processors	EEA, UK and Switzerland	order processing installation services; logistic services; transport services; customer satisfaction activities; financial services; Fraud detection and prevention (including anti-fraud screening); and customer support services.
Your network operator/ energy supplier	EEA, UK or Switzerland, depending on location of your network operator/ energy supplier.	Registration and permit request of installation of your Wallbox
Law enforcement, government authorities, or third parties with legal rights	EEA, UK or Switzerland	Where required under applicable laws, legally binding orders or regulatory guidance or to protect our rights and property, or the rights and property of third parties, for instance in case of legal proceedings.
Parties in connection with corporate transactions	Depending on the location of the business partner	To sell, transfer or otherwise share some or all of our business or assets, including personal data, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution.

6. Will my personal data be processed also in countries outside the EEA?

In principle, your personal data is stored and otherwise processed within the European Economic Area (“EEA”). However, as set out above, there may be limited scenarios where we share your personal data with an affiliate or third party located in the United Kingdom (“UK”) or Switzerland. The laws of the UK and Switzerland are considered to provide for an adequate level of data protection, as determined on the basis of the adequacy decision for the UK adopted by the European Commission on 26 June 2021 pursuant to Art. 45(1), (3) GDPR. If you would like an overview of the recipients of your personal data and more details on the safeguards which are in place, please submit a request at www.abb.com/privacy.

7. How long will my personal data be stored?

We generally process and store your personal data only as long as this is necessary for the processing purposes mentioned in this Notice.

Your personal data will be deleted thereafter, except where any further storage is necessary to comply with our mandatory legal obligations, in particular any applicable statutory data retention obligations, or for the establishment, exercise or defense of our legal claims (such as in case of the need to retain certain records or evidence in order to resolve disputes and investigate or defend against potential claims).

In general, customer related personal data is kept only for the duration of the contractual relationship as required for the fulfilment of contractual or legal obligations, unless to the extent its further processing for a limited period thereafter (typically between 5-10 years after the termination of the contract) is necessary for the fulfilment of statutory retention and documentation periods, regulatory requirements or for the preservation of evidence within applicable statutory limitation periods.

If we process your personal data for direct marketing purposes with your consent or on the basis of a legitimate interest, we will retain the personal data required for this purpose until you notify us that you object to data processing for direct marketing purposes or withdraw your consent in this regard. If we do not process your personal data for purposes other than direct marketing (e.g. in the context of business relations or the execution of contracts), this data will be securely deleted in accordance with data protection regulations after receipt of your withdrawal or objection.

8. Which rights do you have?

You have following rights in relation to your personal data:

right of access: you have the right to obtain information on the personal data processed concerning you and to obtain a copy of such personal data;
right to rectification: you have the right to obtain, without undue delay, the rectification of any inaccurate personal data and, having regard to the purposes of the processing, the completion of incomplete personal data;
right to erasure (right to be forgotten): you have the right to request the deletion of your personal data if one of the grounds for deletion applies;
right to restriction of processing: you have the right to request the restriction of the processing of your personal data, if the legal requirements are met; and
right to data portability: you have the right, provided the legal requirements are met, to receive the personal data provided by you in a structured, commonly used and machine-readable format and to transfer this personal data to another controller or, if technically feasible, to have it transferred by ABB E-mobility.

You also have the right to object at any time, in accordance with applicable law, to the processing of personal data, which is necessary for the purpose of ABB E-mobility’s legitimate interests, on grounds relating to your particular situation (right to object). If your personal data is processed by ABB E-mobility for direct marketing purposes, you have the right to object to this processing at any time, without any special reason.

If the data processing is based on your consent, you can withdraw your consent at any time. The withdrawal of your consent does not affect the lawfulness of the processing of your personal data until its withdrawal.

Please note that the rights described above are not absolute, and that your request cannot always be met entirely. For example, sometimes we cannot delete or restrict the processing of your personal data as we may have legal or contractual obligations to retain certain personal data.

In order to exercise your rights (including the withdrawal of your consent), as well as in the event of any questions or concerns about how ABB E-mobility processes your personal data, please submit your requests or complaints at any time at www.abb.com/privacy or contact us or our data protection officer using the contact details set out under Section 1 above.

Without prejudice to any other remedies, you have also the right to lodge a complaint with a supervisory authority, in particular the authority competent for your place of habitual residence, place of work or the place of the alleged infringement, at any time.

9. Cookie Notice

Whenever you use the Customer Environment, we use cookies and similar online technologies (which for the purposes of this Cookie Notice are referred to as “cookies”). A cookie is a small text file that websites place on your computer’s or mobile device’s web browser.

How do we use cookies

The Customer Environment only uses “first-party cookies”. These are cookies set and controlled by us, not by any external organisation. When you log in the Customer environment, we store certain cookies that are necessary to authenticate you. Without these cookies, the Customer Environment cannot function.

Name	Purpose	Cookie type	Duration
OrderID_lib_auth_jwt	Token required to authenticate to our systems	First party	8 hours

10. Updates to this Notice

This Notice may be updated from time to time. In case of any updates that change the ways in which we process your personal data, we will undertake necessary actions to inform you about these changes in advance. If and where required by applicable laws, we will also ask for your consent to any changes describing our up-to-date practices.

An updated version of this Notice will be posted on the Marketplace and Customer Environment whenever this Notice is changed. The new modified or amended Notice will apply from the revision date. Therefore, we encourage you to regularly check the Customer Environment to stay informed about how we process your personal data and your related rights.

Please check the “date of publication” to see when this Notice was last updated.

Date of publication: 1st of November 2023