Customer Data Protection Terms

When JBT Marel Corporation or its subsidiaries (“JBT Marel”)  supply products and services to you or the company that you represent (“Customer”), Customer accepts that the following data protection terms and conditions apply to the transaction and these terms and conditions form an integral part of the sale contract, purchase order or order confirmation (“Contract”) between the Customer and JBT Marel.

JBT Marel may collect, store and process personal data on the Customer’s personnel and representatives, in order to i) deliver the product functionality as described in product specifications, ii) administer and fulfil  obligations under and related to the Contract, iii) enable JBT Marel to provide and Customer to receive service for the products in the future, iv) send and receive information JBT Marel deems to be relevant to the Customer, v) enable JBT Marel to develop and optimize its products, vi)  fulfil  regulatory obligations including import- and export regulations, anti-bribery regulations and anti-money laundering regulations, and vii) fulfill any lawful purpose.

These personal data include contact data, such as name, address, e-mail, telephone and job title, and correspondence (history of the contractual relationship). When processing such personal data, JBT Marel is acting as a so-called data controller, as defined under the applicable data protection legislation.

During the provision of services JBT Marel may have access to Customer’s systems and/or solutions where personal data (like names and contact details of employees) may be stored. Additionally, in order to render services, trouble shoot, deliver upgrades, or otherwise maintain the Product, JBT Marel may also make temporary copies of all data contained in the Product, which may include personal data. In such instances JBT Marel may process personal data as a data processor, as defined under the applicable data protection legislation, on behalf of the Customer. The same applies if JBT Marel hosts personal data on behalf of the Customer as part of the Services. In such instances JBT Marel undertakes to act in accordance with data processor’s obligations according to applicable data protection legislation and the following shall apply:

• JBT Marel agrees to process personal data only on written instructions of the Customer. JBT Marel will inform the Customer as soon as possible, if, in JBT Marel’s opinion, an instruction infringes any applicable data protection.
  
• JBT Marel’s employees who come into contact with the personal data will be bound by confidentiality obligations.
  
• Appropriate technical and organizational measures will be used to ensure the security of the personal data.
  
• JBT Marel will not engage a third party to carry out the services which Supplier has undertaken for the Customer, unless notifying the Customer beforehand of such engagement and providing the Customer the opportunity to object to it. Customer is aware and agrees that JBT Marel may use globally recognized cloud providers (such as Microsoft or Amazon) as the cloud infrastructure provider for some Software. If JBT Marel exports personal data of the Customer cross borders, JBT Marel shall comply with the applicable data protection law; in particular, Supplier shall, where necessary, implement adequate contractual safeguards (such as standard contractual clauses adopted by the European Commission). The use of sub-processors does not relieve JBT Marel of any obligations towards the Customer.
  
• JBT Marel shall assist the Customer in ensuring compliance with its obligations under the applicable data protection law, taking into account the nature of the processing and the information available to JBT Marel. In particular, JBT Marel shall assist the Customer, insofar as it is possible, in relation to the fulfillment of the Customer’s obligations to respond to requests from data subjects, carry out data protection impact assessment, prior consultation with applicable data protection authority, etc.
  
• JBT Marel agrees to stop processing personal data and delete or return to Customer all personal data upon termination of the business relation, or as requested by the Customer.
  
• JBT Marel will allow the Customer to conduct an audit and will provide whatever information reasonably necessary to prove compliance.
  
• JBT Marel shall notify the Customer as soon as reasonably possible if JBT Marel becomes aware of a data breach when processing the personal data.
  
• If Customer is established in the European Economic Area or Switzerland and JBT Marel is established in a jurisdiction outside of the European Economic Area or Switzerland without an adequate level of data protection under the applicable data protection laws, the parties hereby agree to conclude the “Standard Contractual Clauses (processors)” pursuant to the Commission Implementing Decision (EU) 2021/914 of the European Commission without the illustrative Indemnification Clause, which is incorporated herein by reference.
  
• If Customer is established in the UK and JBT Marel is established in a jurisdiction outside of the UK without an adequate level of data protection under the applicable data protection laws, the parties hereby agree to conclude the UK Addendum issued by the UK Information Commissioner for Parties making restricted transfers, which is incorporated herein by reference and as follows:

To the extent that the Customer has an entitlement under the applicable data protection laws to claim from Supplier compensation paid by the Customer to a data subject as a result of a breach of data protection law to which JBT Marel contributed, JBT Marel shall be liable only for such amount as it directly relates to its responsibility for any damage caused to the relevant data subject.

Inquiries about the personal data processing may be sent to [email protected] or [email protected].