Privacy statement

Scope

This Privacy statement features information about the processing of personal data by or on behalf of all legal entities that are part of the Penta Infra Group (Penta Datacenter Holding B.V. and its subsidiaries Datacenter Geleen B.V., Penta Friesland B.V., Penta AMS01 B.V., Trengine B.V., Penta Berlin GmbH, Penta Düsseldorf GmbH, PENTA Köln GmbH, Penta Leipzig GmbH, Penta Hamburg GmbH, Penta NW GmbH, Trengine GmbH, Penta Paris SAS, Penta Infra ApS, Penta CPH03 ApS and DC Green B.V.) and operate and provide services under the name Penta, Penta Infra and/or Trengine (hereafter: “Penta Infra”).

This Privacy Statement provides information regarding the processing of personal data from Penta Infra’s external data subjects, including:

• Representatives of our suppliers or other third parties;
• Representatives of our customers;
• Visitors of our datacenters;
• Visitors of our website

This statement does not provide information about the processing of personal data from internal data subjects, such as employees.

We, Penta Infra, will solely use your personal data for the purposes described in this privacy statement and will make every effort to protect the collected personal data in accordance with the legal provisions in the General Data Protection Regulation (GDPR). Personal data means any information that can be used to directly or indirectly identify an individual.

Collection

Usually, Penta Infra collects your personal data that has been directly shared with Penta by you.

Purposes

As a rule, Penta Infra only collects the minimum amount of personal data required to fulfil the purpose at hand. These purposes are:

The processing of personal data is necessary for the performance of a contract: we may process personal data in order to perform a contract that we have with you. This may apply in case you work as a supplier (as a natural person) for Penta and Penta has to keep your contact- and bank details to get in touch for execution of the agreement and payment.

The processing of personal data is our legal obligation: we may process personal data if this is necessary for compliance with legal obligations. This is the case with regard to our financial administration (debtors, creditors, incoming payments, outgoing payments, outgoing invoices).

Penta Infra (and our customers) have a legitimate interest for the processing: in our datacenters, we make use of access control through visitor registration and we keep logging files of certain doors and ports. In addition, we use camera surveillance in and around our datacenters. We have a legitimate interest to take these security measures, because the continuity of datacenters is considered vital for the functioning of the digital infrastructure. In addition, it is vital to our customers and their stakeholder that their data and connectivity is well secured. Under these circumstances, the security of our datacenters outweighs the privacy of our datacenters’ visitors.

As a representative of one of our customers, you may apply your email address and or name in our ticketing and customer portal, which we process. In addition, we may also process your name or email address provided by you – as part of the commercial contract between Penta and the company you work for (for example when you are the signee of the contract).

With your consent: for certain personal data processing, we will ask your explicit consent. In our datacenter in Copenhagen, we may use access control through face recognition to secure the datacenter; we will only do so with your prior explicit consent. (!) Please note that you can withdraw your consent at any time.

Recruitment purposes: For recruitment purposes you can send your CV and motivation to one of our employees mentioned on our the website directly or to the designated recruitment agent. Penta Infra will not ask you for demographic information such as your gender and personal beliefs, but you will be given the opportunity to provide this information if you apply. We will only use the data that you provide in this context for communication with you, recruitment and selection. Your personal information will be kept in our files until one month after the position has been fulfilled. If Penta Infra wishes to retain your personal information for a longer period, Penta Infra shall request your prior approval.

We do not use your personal data in automated decision making, including profiling.

Third parties

Your personal data will be handled confidentially by Penta Infra and will not be used for other purposes or provided to third parties, unless:

• Penta Infra is under a legal obligation to do so;
• You have expressly requested this or given consent;
• A third party functions as a processor (mostly IT-suppliers) for Penta Infra with whom we have entered into a proper data processing agreement (verwerkersovereenkomst).

Please note that we won’t transfer any of your personal data to processors established outside the EEA.

Storage of data / retention

Penta Infra does not store your personal data for any longer than is necessary for the realization of the above objectives for the processing your personal data – unless this data is required to comply with a statutory retention duty – or until the retention period under the applicable rules of conduct and professional practice has elapsed if this is longer.

We apply the following retention terms:

• Camera footage in datacenters: max 1 month;
• Details of visitors of our datacenters (name, date, company name): max 6 months;
• Personal Data of job applicants: max 1 month after the position has been fulfilled;
• Personal data in invoices or contracts (name, e-mailaddress): 7 years.

Use of cookies and website

Penta Infra does not use cookies, save for the smooth functioning of its website (functional cookies) and analytical cookies (Google analytics) to measure and improve the performance of its website. With functional cookies no personal data are used. Analytical cookies only make very limited use of personal data (the IP-address of a visitor), provided however that IP-addresses are encrypted and made anonymous by Penta. Penta does not share any data with Google.

The Penta Infra website is not used to collect or compile personal data with the aim of distributing it externally, using it for sales activities and/or for providing mail-outs on behalf of third parties.

Penta Infra has included links to third-party websites. If you go to another website via one of these links, you should be aware that Penta Infra’s Privacy Statement will no longer apply. It is possible that these third parties or other parties will collect information about you on these websites. Penta Infra is not responsible for the content of these websites, nor for the actions of these third parties and other parties. Therefore, we advise you to read the Privacy Statement of these websites before providing any personal data.

Rights

The personal data we may hold about you is subject to a number of legal rights. You can exercise the following rights when contacting using the contact details below:

• The right to obtain more information about the processing of your personal data.
• The right to access your personal data.
• The right to correct your personal data if it seems inaccurate or incomplete.
• The right to erase your personal data. Please note that there may be circumstances in which it is not possible to erase your personal data, because we are legally entitled or obligated to retain it.
• The right of data portability.
• Where processing is based on you consent, you have the right to withdraw you consent at any time.

If you want to invoke one of the rights referred to above, you can send an email to info@penta-infra.com. We will not charge any costs when you exercise the rights referred to above.

Penta Infra accepts responsibility for the careful recording of any personal data that it stores after you have provided this data and it has been verified for accuracy. However, Penta Infra does not subsequently accept any responsibility for keeping personal data up-to-date. Penta Infra will, if possible, amend this data using the new data which we receive from you, the authorised visitor, after it has been brought to Penta Infra’s attention that certain items of personal data are not correct.

Security

Penta Infra has implemented the appropriate, generally accepted technological procedures and security guidelines to avoid the loss, misuse, destruction, or unintentional amendment of personal data. All Penta Infra employees must observe the security regulations that apply across the organisation. Only authorised Penta Infra employees may access personal data and these employees are under the obligation to safeguard the confidentiality of this information.

Questions

If you have any questions or complaints about this privacy statement, you can contact our Privacy Officer, Katrien van de Wijdeven via info@penta-infra.com.

You have the right to submit a complaint to the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) if you believe that the actions of Penta Infra give reason for such a complaint.

Amendments

Penta Infra reserves the right to amend or adapt this privacy statement at all times.