Mandatory information to be provided to existing and prospective customers pursuant to Art. 12, 13 et seq. EU-GDPR

General Information

By providing the information below, we aim to give you an overview over the processing of your personal data by our company and your rights arising from data privacy protection legislation. The following data protection policies apply in particular to our existing and prospective customers.

1. Who is the data controller (i.e. the party responsible for the processing data)?

The joint data processors are:
Farbenwerke Wunsiedel GmbH / MASTER TEC GmbH,
Landgrafweg 5, 95632 Wunsiedel, Germany
Phone: +49 (0) 9232 9945 – 0
Email address: info@farbenwerke.de

2. Which data do we record and how do we use these data?

a) To meet contractual obligations (Art. 6 Sect. 1 b GDPR)

We process data to render services in conjunction with the performance of contractual agreements with our customers or to perform pre-contract measures upon request (e.g. in response to prospective customer inquiries). The purposes of this type of data processing is based primarily on the concrete product and may, among other things, include needs analyses, consulting as well as technical support. More details concerning the purposes of our data processing activities can be reviewed in the applicable contractual documentation and our business terms and conditions.

b) Based on your consent (Art. 6 Sect. 1 a GDPR)

In the event that you have consented to our processing of your personal data for specific purposes (e.g. registration in the customer segment of the online paint calculation tool, response to our customer satisfaction survey), the processing of your data is legitimate based on this declaration of consent. Any declaration of consent you make may be revoked at any time. The revocation of your consent is without prejudice to the legitimacy of any data processing that occurred prior to the revocation notice.

c) In conjunction with the weighting of interests (Art. 6 Sect. 1 f GDPR)

If the processing of data is necessary to protect any legitimate interests at our or a third party’s end and if your interests or your company’s interests, fundamental rights and fundamental freedoms of the contact person at your company do not outweigh the former rights, we will process your data beyond the actual fulfillment of the contract.

(1) Promotional communications and establishment of contact

The purpose of processing the personal data of your company’s contact person in conjunction with direct marketing activities via postal services or email is the establishment of contact as well as the promotion of merchandise or service sales. Within the scope of such activities we may process data we have legitimately obtained from you, such as the required contact data/master data of individuals (first and last name, address, email address, etc.). If we have an existing customer-provider relationship with you or if you have consented to such activities, you will, as a rule, receive the specified information via electronic mail, via phone or via postal services. In any event, you have the option to object to the use of your data for direct advertising purposes at any time pursuant to Art. 21 Sect. 2 GDPR or you may revoke any consent you have previously given at any time pursuant to Art. 7 Sect. 3 GDPR, which will apply to all future activities. We analyze the data we have on hand affiliated with business transactions, contracts and inquiries to further development of our products, services and business processes. In such cases, it is never possible to link the data to natural persons. We will of course respect your privacy if you do not want us to use your personal data to support the customer relationship – in particular in conjunction with direct marketing.

(2) Services / consulting

In addition to our products and system solutions, we also offer comprehensive technical advice and services. This also includes consulting work and services we offer via phone, email, contact form and under certain circumstances, on location. By providing these services, we aim to assist you with the selection, use and deployment of our products. As part of these services, the required data you communicate to us in conjunction with the service inquiry, such as your contact information / personal master data (first and last name, address, email address, etc.) may be archived along with the related products and the issue at hand. By doing this, we aim to ensure that we can provide targeted additional advice if you contact us with further queries related to the matter based on your service history to date. The basis for archiving the data is our legitimate interest in providing an objection-free and effective consulting service over time. Your data will be archived exclusively in direct affiliation with the service case. If data is processed exclusively on the basis of Art. 6 I f GDPR, you have the right to object to the archiving of such data for grounds inherent in your person.

(3) Participation in events and onsite visits

We will process your personal data to organize as well as host events and to provide you with any related information material. There is a possibility that we will generate photographic material and video recordings of our events for the purpose of documentation as well as for public relations work. As a result, personal (image) data will also be processed. The legal foundation for this type of processing, if applicable, is § 23 KunstUrhG (German Art Copyrights Act). You may object to this type of data processing at any time for grounds inherent in your specific situation. In such a case, we ask you to communicate these grounds to the photographer or event organizers ahead of time. They will take your objections into account and take the necessary precautions. If possible and legally acceptable, the fact that photographs and/or videos will be generated will be pointed out once again at each individual event.

(4) Access to our company premises to deliver merchandise or meet service obligations or perform contracted services

In conjunction with any of these activities, we record the data that are required specifically for the performance of the contract, such as first and last name as well as the company name, plus the duration of your presence on our company premises. The objective of this is to be aware of all persons who are in the building or on our outdoor premises in the event of an emergency and a potentially necessary evacuation.

(5) Data subject entries pursuant to Art. 12 et seq. GDPR

The purpose of processing personal data is to respond to data privacy protection inquiries and the subsequent documentation of the proper handling of the respective data subject entries in compliance with applicable laws to meet the documentation mandates pursuant to Art. 5 Sect. 2 GDPR.

(6) Joint responsibility for the processing of personal data

Farbenwerke Wunsiedel GmbH, Landgrafweg 5, 95632 Wunsiedel, Germany, and MASTER TEC GmbH, Landgrafweg 5, 95632 Wunsiedel, Germany, jointly and centrally process personal data. We have executed an agreement for these purposes to determine which of the two companies meets which of our obligations pursuant to the EU-GDPR. Your personal data is processed for in-house administrative purposes, which also include the processing of personal data of customers and employees.

(7) The following are also legitimate interests:

  • Verification and optimization of needs analysis processes for the purpose of directly reaching out to customers,
  • Strengthening of the customer loyalty/retention levels by, for instance, sending special messages/tokens of appreciation in conjunction with special occasions,
  • Ensuring the company’s IT security and IT operation,
  • Business controlling activities as well as further development of products and services,
  • Electronic data processing to avert the use of paper and boost work efficiency.

3. Where will my data be processed?

Within the joint data controlling arrangement of Farbenwerke Wunsiedel GmbH and MASTER TEC GmbH, the departments that need your data to meet the above-mentioned purposes will receive access to your data. It is also possible that service providers we commission will receive data for these purposes. These are companies in the IT services, logistics and telecommunications sectors. We do not share any data with any other third parties, unless you have given us your express consent. They are also not marketed for any other purposes.

4. Will my data be transferred to any non-EU or non-EER countries or to an international organization?

We do not transfer any data to locations in countries outside of the European Economic Region (so-called third nation countries) unless

  • It is necessary to fulfill your orders,
  • It is mandated by law (e.g. tax law based reporting obligations) or
  • If you have consented to such transfers.

5. For how long will you archive my data?

We will process and store your data only as long as this is necessary to perform the respective services for which you have given your consent, and/or only as long as this is necessary to meet our contractual or statutory obligations or as long as necessary for the respective purposes. This shall be without prejudice to the fulfillment of any retention periods mandated in the applicable trade and taxation laws.

6. What are my data privacy protection rights?

(1) Can I obtain information about my archived data?

You have the right to receive information about the purpose of processing, the data sources and the recipients of the archived data as well as the duration of the data storage. There are no fees due for the provision of this information.

(2) Do I have the option to have my data corrected/restricted/eradicated?

You have the right to demand the correction of incorrect or incomplete data we have processed at any time.

You have the right to restrict the processing of your data if

  1. We are in the process of verifying the correctness of the personal data we have processed;
  2. The processing of your personal data is illegal;
  3. You need your data that have been processed by us after the purpose of processing them no longer exists so that you can pursue your rights;
  4. You have objected to the processing of your personal data and we are in the process of verifying this objection.
You have the right to have your data eradicated if
  1. We no longer need your personal data for their original purpose of use;
  2. You are revoking your consent and there is no further legal foundation for the processing of your personal data;
  3. You have objected to the processing of your personal data and – unless the subject matter is direct marketing – there are no higher priority grounds for their continued processing;
  4. The processing of personal data is illegal;
  5. The eradication of your personal data is mandated by law;
  6. Your personal data was collected while you were a minor.

(3) Right to object and right to revoke your consent

You have the option to at any time object to the use and storage of your personal data by Farbenwerke Wunsiedel GmbH and MASTER TEC GmbH (joint data controllers) or to revoke your respective consent. This will not result in any disadvantages for you. However, we do have to point out that these data are required to properly fulfill the contract.

(4) Right to log a complaint with the supervisory agency

If you should be of the opinion that the processing of your personal data violates applicable data privacy protection provisions, you have the right to at any time log a complaint with the supervisory agency responsible for your German federal state pursuant to Article 77 EU-GDPR.

7. Am I under any obligation to provide data?

Within the scope of our business relationship, you will have to provide any data that is required to establish and perform a business relationship and fulfill the related contractual obligations as well as data we are mandated to collect by applicable laws. In the absence of such data, we will, as a rule, not be able to enter into a contract with you or to fulfill any such contract.

8. Whom do I contact with questions about data privacy protection at Farbenwerke Wunsiedel GmbH and MASTER TEC GmbH?

The data protection officer at Farbenwerke Wunsiedel GmbH / MASTER TEC GmbH:
Nicole Gabert, Landgrafweg 5, 95632 Wunsiedel, Germany
Tel.: +49 9232 9945-40
nicole.gabert@farbenwerke.de

© Farbenwerke Wunsiedel GmbH 2024, version November 2018