Welbilt Privacy Notice ("Privacy Notice")

(version December 2021)

Introduction to this Privacy Policy

At Welbilt and our affiliated companies (“Welbilt”, “we”, “us”, “our”), we recognize the importance of privacy to you and are firmly committed to protecting your privacy when you visit our websites, apps, use our products and services or otherwise provide information to us that is considered Personal Data. We have instituted this Privacy Notice to inform you how Welbilt processes your Personal Data in the aforementioned circumstances. Welbilt is the controller within the meaning of applicable data protection laws. If we process your Personal Data as our customer (including KitchenConnect services), the Welbilt entity is the controller that has entered into a contract with you as a customer; if you visit a website of Welbilt, the Welbilt company responsible for the website is the controller. In all other cases, Welbilt FSG U.S. Holding, LLC is the controller. A list of Welbilt entities can be found in the table at the end of this Privacy Notice.
 
This Privacy Notice does not apply to the extent we process Personal Data in the role of a processor or service provider on behalf of our customers, including in particular for KitchenConnect cloud services. Please refer to your employer or contractor to learn more about the processing of your personal data in this respect.

The meaning of Personal Data

“Personal Data” is defined in data protection laws applicable in your country and may be identified by other titles, such as “Personal Information” (in California, USA). It includes any information relating to an identified or identifiable natural person. This means any individual who can be identified directly or indirectly by reference to an identifier such as name, identification number, location data, online identifiers (for example, IP addresses – if they can be used to identify you) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 

Put simply, this includes data which either by itself or with other data held by us or available to us, can be used to identify you. 

Important notice about international transfers

Due to the global nature of our business, your Personal Data will be stored and transferred to parties located in other countries, including outside the European Economic Area. These other countries will either have different data protection laws than your country of residence or they will not have data protection laws. They may not be deemed by the European Commission as providing adequate protection for Personal Data. 
 
In particular, we store your Personal Data on servers in the United States of America. The United States is not deemed by the European Commission to have adequate protections for Personal Data.  Steps will be taken to put in place safeguards (including around security) to protect your Personal Data when it is in these other countries.  This may include the use of European Model Clause contracts, where required under applicable law.  You can find out what these are online at the following address: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en.  If you have any questions or wish to be provided with a copy please contact us (details below). Please note commercially sensitive information may be removed/blanked out from copies supplied to you.

The categories of Personal Data we may collect, the purpose and the lawful basis

Personal Data collected from you include the following:

 
In summary, we need certain categories of Personal Data because that is necessary in order to administer any contract with you (where relevant).  Certain other Personal Data is processed for our legitimate interests in cases where this does not result in prejudice to you. Please note that if the Personal Data we collect from you is necessary to entering into a contract with you, or to manage the business relationship with you or to fulfill a mandatory requirement, the failure to provide such data may not enable us to put in place the aforementioned related process.

For California Residents

The Personal Data (or personal information) that we collect includes information within the categories of data in the table above. These categories also represent the categories of personal information that we have collected over the past 12 months. Note that the categories listed are defined by California state law. Inclusion of a category in the list indicates only that, depending on the services and products we provide you, we may collect some information within that category. It does not necessarily mean that we collect all information listed in a particular category for all of our customers and users.
We do not sell Personal Data about you, as defined under California state law, nor do we intend to do so.  We also have not done so for the last 12 months. In addition, we do not share Personal Data with third parties for their direct marketing purposes.

The Personal Data is collected directly from you, our service providers or through the use of cookies and similar technologies.

Data anonymisation and use of aggregated information

We may convert your Personal Data into statistical or aggregated data in such a way as to ensure that you are not identified or identifiable from that data.  We may use this aggregated data to conduct market research and analysis, including to produce statistical research and reports.  For example, we may produce reports on which of our product offerings attract the fewest or the highest number of enquiries from brokers and intermediaries and other persons visiting our website or using our products and services. 

In particular, we use technology to collect anonymous information about your use. For example:

1. we use technology to track which pages of our website visitors view. We also use technology to determine which web browsers our visitors use. This technology does not identify you personally, it simply enables us to compile statistics about our visitors and their use of our website.
2. certain pages of our website may contain hyperlinks to other pages of it. We may use technology to track how often these links are used and which pages on our website our visitors choose to view. Again this technology does not identify you personally — it simply enables us to compile statistics about the use of these hyperlinks.

We use this anonymous data to improve the content and functionality and consider areas and subjects which are attracting interest so that we can focus our e-mail updates (for those that wish to receive such communications). This allows us to better understand our visitors’ interest areas generally and therefore to improve our website and products and services we offer.

Cookies and analytic tools

We may from time to time use cookies on our website and when providing digital services. Cookies are small text files that your web browser leaves on your hard drive to recognize you as a repeat user, track your use and target advertising. This allows for personalization of certain aspects of your visit. Information gathered from cookies in this way is only used on an aggregate basis. Unless a visitor specifically provides their identity to us, e.g., by registering, providing information through an online form or sending us correspondence, we will not know the identification of individual visitors. We may use cookies to store preferences; record session information; develop information about visitors' preferences and interests; record past activity at a website in order to provide better service when you return; or customize web page content based on information you voluntarily provide.
You can disable cookies using your Internet browser settings. Please consult your browser's help function for information on how to disable cookies. Note that if you disable cookies, certain features may not function properly.

Google Analytics

With your consent, we use Google Analytics, a web analysis service of the Google Inc. (“Google”). Google uses Cookies that are transferred to and being saved on their servers located in the United States of America. In case of activating the IP-anonymization on this out website, your IP address is being shortened within the EU/EEA. Only in exceptional cases will your entire IP address be sent to the servers in the USA and will be shortened there. On our behalf, Google will use this information to evaluate your usage of our website, to assemble reports on the website activity and to execute further related services.

The IP address that is transferred from your browser to Google will not be merged with other data of Google.

As we have pointed out for the regular cookies, you can disable cookies using your Internet browser settings. Please consult your browser's help function for information on how to disable cookies. Note that if you disable cookies, certain features may not function properly. For this purpose, you may also use and install a plug-in that is provided by Google: https://tools.google.com/dlpage/gaoptout?hl=en

We use Google Analytics with the extension „_anonymizeIp()“. In that result, only shortened IP addresses are being processed to prevent the affiliation to people. Therefore, personalized data will be deleted immediately.

We use Google Analytics to analyze and improve our website and services. With the gathered statistics, we can improve our services for you. For the exceptional cases, where personal data is being transferred to the USA, the EU approved standard contractual clause are entered into with Google. Legal basis for the processing of your data is your consent.

Information about the third-party provider: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. Terms and Conditions: https://marketingplatform.google.com/about/analytics/terms/gb/, Overview of data privacy at Google: https://privacy.google.com/businesses/compliance/#!?modal_active=none, Privacy Notice: https://policies.google.com/privacy?hl=en-US.

Do Not Track

Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.

With your consent, we also use "Google reCAPTCHA" (hereinafter "reCAPTCHA") on our websites. This service is provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA ("Google"). reCAPTCHA is used to check whether the data entered on our website (such as on a contact form) has been entered by a human or by an automated program. To do this, reCAPTCHA analyzes the behavior of the website visitor based on various characteristics. This analysis starts automatically as soon as the website visitor enters the website. For the analysis, reCAPTCHA evaluates various information (e.g. IP address, how long the visitor has been on the website, or mouse movements made by the user). The data collected during the analysis will be forwarded to Google. The reCAPTCHA analyses take place completely in the background. Website visitors are not advised that such an analysis is taking place. For more information about Google reCAPTCHA and Google's privacy policy, please visit the following links: https://www.google.com/intl/de/policies/privacy/ and https://www.google.com/recaptcha/intro/android.html. Legal basis for the processing of your data is your consent.

Welbilt uses Hubspot on the websites. IP addresses being truncated before further processing in order to rule out direct associations to persons.

Disclosure of your Personal Data to third parties

We may disclose your Personal Data to third parties, including but not limited to as follows:

1. within our group of companies for the purposes of use described in this Privacy Notice;
2. to third parties who supply services to us and who help us and our group of companies to operate our business. For example, sometimes a third party may have access to your Personal Data in order to support our information technology or to handle mailings on our behalf;
3. to our legal and other professional advisers;
4. as necessary in order to comply with a legal requirement (including, where appropriate, any imposed on our group companies in the United States), for the administration of justice, to protect vital interests, to protect the security or integrity of our databases or websites, to take precautions against legal liability;
5. to regulatory authorities, courts and governmental agencies to comply with legal orders, legal or regulatory requirements and government requests; and
6. to a potential buyer (and its agents and advisers) in connection with any proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your Personal Data only for the purposes disclosed in this Privacy Notice (on the legal basis of our prevailing legitimate interest in ensuring the business operation).

Security of Personal Data

We endeavour to maintain technical and physical security measures designed to protect Personal Data which is transmitted, stored or otherwise processed by us, from an unlawful destruction, loss, alteration, unauthorised disclosure of, or access, in connection with our website, products and services.  These measures include computer safeguards and secured files and facilities.  Our service providers are also selected carefully and required to use appropriate protective measures. In certain areas, Welbilt uses industry-standard SSL-encryption to protect data transmissions. Most current browsers support the level of security needed to use these areas.
 
In particular, we endeavour to maintain technical and organisational measures to ensure a level of security appropriate to the risk, including as appropriate: (a) pseudonymisation (such as where data is separated from direct identifiers so that linkage to an identity is not possible without additional information that is held separately) and encryption, (b) ensuring the ongoing confidentiality, integrity, availability and resilience of systems and services used to process your Personal Data, (c) ensuring the ability to restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident; and (d) ensuring a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational security measures.

Retention period or criteria used to determine the retention period

We keep your Personal Data for as long as it is necessary to do so to fulfil the purposes for which it was collected as described above. 
The criteria we use to determine data retention periods for Personal Data includes the following: (i) Retention in case of queries.  We will retain it for a reasonable period after the relationship between us has ceased in case of queries from you; (ii) Retention in case of claims.  We will retain it for the period in which you might legally bring claims against us) if and to the extent we have entered into any contract with you; (iii) Retention in accordance with legal and regulatory requirements.  We will consider whether we need to retain it after the period described in (ii) because of a legal or regulatory requirement. 

If your application for employment is successful and you commence employment with Welbilt, your Personal Data will be transferred to your personnel file and will be processed for employment purposes. If your application for employment is not successful, we will keep your Personal Data for a limited period upon notification that your application was not successful.

If you would like further information about our data retention practices please contact us (see “Contact Us” below).

Your rights under data privacy laws

You have various rights under data privacy laws in your country.  These may include (as relevant):  the right to request access to the Personal Data we hold about you; the right to rectification including to require us to correct inaccurate Personal Data; the right to request restriction of processing concerning you or to object to processing of your Personal Data, the right to request the erasure of your Personal Data where it is no longer necessary for us to retain it; the right to data portability including to obtain Personal Data in a commonly used machine readable format in certain circumstances such as where our processing of it is based on a consent; the right object to automated decision making including profiling (if any) that has a legal or significant effect on you as an individual; and the right to withdraw your consent to any processing for which you have previously given that consent.  You can also lodge a complaint with a supervisory authority.

Please see “Contact Us” if you wish to exercise any of these rights (as relevant).

Please note that under California law, we are only obligated to respond to personal information requests from the same consumer up to two times in a 12-month period.  Under EU law, if an individual makes unfounded, repetitive, or excessive requests (as determined in our reasonable discretion) to access Personal Data, a controller may charge a fee subject to a maximum set by law.

Before providing information you request in accordance with these rights, we must be able to verify your identity. In order to verify your identity, you may need to submit information about yourself, including, to the extent applicable, providing answers to security questions, your name, government identification number, date of birth, contact information, or other personal identifying information. We will match this information against information we have previously collected about you to verify your identity and your request. If we are unable to verify your identity as part of your request, we will not be able to satisfy your request. We are not obligated to collect additional information in order to enable you to verify your identity. For deletion requests, you will be required to submit a verifiable request for deletion and then to confirm separately that you want personal information about you deleted.

If you would like to appoint an authorized agent to make a request on your behalf, you must provide the agent with written, signed permission to submit privacy right requests on your behalf, or provide a letter from your attorney. The agent or attorney must provide this authorization at the time of request. Information collected for purposes of verifying your request will only be used for verification.

If you chose to exercise any of these rights, to the extent that they apply, U.S. state law prohibits us from discriminating against you on the basis of choosing to exercise your privacy rights. We may, however, charge a different rate or provide a different level of service to the extent permitted by law.

Children

Our websites and services are not intended for children under 17 years of age. No one under age 17 may provide any information to the Website. We do not knowingly collect Personal Data from children under 17. If you are under 17, do not use or provide any information on our Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of our Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Data from a child under 17 without verification of parental consent, we will delete that information. If you believe we might have any information from a child under 17, please contact us in any manner set forth below in the “Contact Us” Section of this Privacy Notice. 

Links to Other Websites

Our website may contain hyperlinks to websites that are not operated by us. These hyperlinks are provided for your reference and convenience only and do not imply any endorsement of the activities of these third-party websites or any association with their operators. We do not control these websites and are not responsible for their data or privacy practices. We urge you to review any privacy policy posted on any site you visit before using the site or providing any Personal Data.

Updated and changes to this Privacy Notice

We may decide to change this Privacy Notice. If the change is fundamental or may significantly affect you, we will provide you with the updated Privacy Notice in advance of the change actually taking effect. We encourage you to review the content of this Privacy Notice regularly.

Contact Details

We have appointed a data protection officer for our company, where legally required. If you wish to exercise your data protection rights against us please e-mail dataprivacy@welbilt.com. You may also submit a request via our website, or you may contact us in the following ways: