DATA PROTECTION
Name and Contact Details of the Controller in accordance with Article 4(7) GDPR
COTEC GmbH
Frankenstraße 19
63791 Karlstein a. Main
Tel.: +49.6188.994 62-0
Fax: +49.6188.9159600
eMail: sales@cotec-gmbh.com
Management: Dr. Hugo César Collazo Eissmann, Richard Chang
Security and protection of your personal data
We regard it as our highest priority to maintain the confidentiality of the personal data you provide and to protect it from unauthorized access. For this reason, we apply the utmost care and use state‑of‑the‑art security standards to ensure maximum protection of your personal data.
As a private-sector company, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the regulations of the German Federal Data Protection Act (BDSG). We have implemented technical and organizational measures to ensure that the data protection regulations are observed both by us and by our external service providers.
Definitions
The law requires that personal data be processed in a lawful manner, in good faith, and in a way that is transparent and understandable to the data subject (“lawfulness, fairness, transparency”). To ensure this, we inform you below about the individual legal definitions that are also used in this Privacy Policy:
1. Personal Data
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”). A natural person is regarded as identifiable if they can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
2. Processing
“Processing” means any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
3. Restriction Processing
“‘Restriction of processing’ means the marking of stored personal data with the aim of limiting its future processing.”
4. Profiling
“‘Profiling’ is any form of automated processing of personal data that involves using this personal data to evaluate certain personal aspects relating to a natural person—particularly to analyze or predict aspects concerning that natural person’s job performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.”
5. Pseudonymization
“‘Pseudonymization’ is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is stored separately and is subject to technical and organizational measures that ensure the personal data cannot be attributed to an identified or identifiable natural person.”
6. File System
“‘Filing system’ means any structured collection of personal data that is accessible according to specific criteria, regardless of whether this collection is managed centrally, decentrally, or organized according to functional or geographical considerations.”
7. Controller
“‘Controller’ means a natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union law or the law of the Member States, the controller or the specific criteria for its designation may be provided for by Union law or by the law of the Member States.”
8. Processor
“Processor” means a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.
9. Recipients
“Recipient” means a natural or legal person, public authority, agency, or other body to whom personal data are disclosed, whether or not it is a third party. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
10. Third Party
“Third party” means a natural or legal person, public authority, agency, or other body other than the data subject, the controller, the processor, and persons who, under the direct authority of the controller or the processor, are authorized to process the personal data.
11. Consent
“Consent” of the data subject means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by means of a statement or by a clear affirmative action by which the data subject signifies agreement to the processing of personal data relating to them.
Lawfulness of processing
The processing of personal data is only lawful if there is a legal basis for the processing. The legal basis for the processing may, in accordance with Article 6(1), in particular be the grounds listed in points (a) to (f) of Article 6(1) GDPR:
a. the data subject has given their consent to the processing of personal data relating to them for one or more specific purposes;
b. the processing is necessary for the performance of a contract to which the data subject is party, or in order to take steps at the request of the data subject prior to entering into a contract;
c. the processing is necessary for compliance with a legal obligation to which the controller is subject;
d. the processing is necessary in order to protect the vital interests of the data subject or of another natural person;
e. the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
f. the processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data, particularly where the data subject is a child.
Information on the collection of personal data
(1) In the following, we provide information about the collection of personal data when using our website. Personal data include, for example, name, address, email addresses, user behavior.
(2) When you contact us by email or via a contact form, the data you provide (your email address, and, where applicable, your name and your telephone number) are stored by us in order to answer your questions. The data arising in this context are deleted once storage is no longer necessary, or processing is restricted if statutory retention obligations exist.
Collection of personal data when visiting our website
When you use the website purely for informational purposes, that is, if you do not register or otherwise transmit information to us, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data that are technically necessary for us to display our website to you and to ensure stability and security (the legal basis is Article 6(1) sentence 1 point (f) GDPR):
– IP-address
– Date and time of the request
– Time zone difference from Greenwich Mean Time (GMT)
– Content of the request (specific page)
– Access status/HTTP status code
– amount of data transferred in each case
– website from which the request originatest
– Browser
– operating system and its interface
– language and version of the browser software
Use of Cookies
(1) In addition to the data mentioned above, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive and assigned to the browser you are using, and through which certain information flows to the entity that sets the cookie. Cookies cannot run programs or transmit viruses to your computer. They serve to make the online offering as a whole more user‑friendly and effective.
(2) This website uses the following types of cookies, the scope and functioning of which are explained below:
– Transient cookies (see a. below)
– Persistent cookies (see b. below).
a. Transient cookies are automatically deleted when you close the browser. These include, in particular, session cookies. They store what is known as a session ID, which allows various requests from your browser to be assigned to the same session. This enables your computer to be recognized again when you return to our website. The session cookies are deleted when you log out or close the browser.
b. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. You can delete the cookies at any time in your browser’s security settings.
c. You can configure your browser settings according to your wishes and, for example, refuse the acceptance of third‑party cookies or all cookies. So‑called “third‑party cookies” are cookies that are set by a third party and therefore not by the actual website you are currently visiting. We would like to point out that by deactivating cookies you may not be able to use all functions of this website.
d. We use cookies to be able to identify you on subsequent visits if you have an account with us. Otherwise, you would have to log in again for each visit.
e. We also use HTML5 storage objects, which are stored on your device. These objects store the required data independently of the browser you use and do not have an automatic expiration date. You can prevent the use of HTML5 storage objects by using the private mode in your browser. In addition, we recommend that you regularly delete your cookies and browser history manually.
Additional functions and offerings of our website
(1) In addition to the purely informational use of our website, we offer various services that you can use if you are interested. For this purpose, you generally need to provide additional personal data that we use to provide the respective service and to which the data‑processing principles mentioned above apply.
(2) In some cases, we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions, and are regularly monitored.
(3) Furthermore, we may pass on your personal data to third parties if participation in promotions, competitions, contract conclusions or similar services are offered by us together with partners. You will receive more detailed information about this when providing your personal data or below in the description of the respective offer.
(4) Insofar as our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you about the consequences of this circumstance in the description of the respective offer.
Children
Our offer is generally aimed at adults. Persons under 18 years of age should not transmit any personal data to us without the consent of their parents or legal guardians.
Rights of the data subject
(1) Withdrawal of consent
If the processing of personal data is based on consent that has been given, you have the right to withdraw that consent at any time. The withdrawal of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the withdrawal.
You may contact us at any time to exercise the right of withdrawal.
(2) Right to confirmation
You have the right to request confirmation from the controller as to whether we are processing personal data concerning you. You may request this confirmation at any time using the contact details provided above.
(3) Right of access
If personal data are being processed, you may request information at any time about these personal data and about the following information:
a. the purposes of the processing;
b. the categories of personal data that are processed;
c. the recipients or categories of recipients to whom the personal data have been disclosed or will be disclosed, in particular recipients in third countries or international organizations;
d. where possible, the planned duration for which the personal data will be stored, or, if this is not possible, the criteria used to determine that duration;
e. the existence of a right to rectification or erasure of personal data concerning you or to restriction of processing by the controller, or a right to object to such processing;
f. the existence of a right to rectification or erasure of personal data concerning you or to restriction of processing by the controller, or a right to object to such processing;
g. where the personal data are not collected from the data subject, any available information about the source of the data;
h. the existence of automated decision‑making, including profiling, in accordance with Article 22(1) and (4) GDPR, and—at least in such cases—meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
If personal data are transferred to a third country or to an international organization, you have the right to be informed about the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer. We provide a copy of the personal data that are the subject of processing. For any further copies you request, we may charge a reasonable fee based on administrative costs. If you submit the request electronically, the information must be provided in a commonly used electronic format, unless you specify otherwise. The right to obtain a copy under paragraph 3 must not adversely affect the rights and freedoms of other persons.
(4) Right to rectification
You have the right to demand that we correct inaccurate personal data concerning you without delay. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data – including by means of a supplementary statement.
(5) Right to erasure (“right to be forgotten”)
You have the right to require the controller to delete personal data concerning you without delay, and we are obliged to delete personal data without delay, provided that one of the following reasons applies:
a. The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
b. The data subject withdraws their consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) GDPR, and there is no other legal basis for the processing.
c. The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
d. The personal data have been unlawfully processed.
e. The erasure of the personal data is necessary for compliance with a legal obligation under Union law or the law of the Member States to which the controller is subject.
f. The personal data have been collected in relation to the provision of information society services pursuant to Article 8(1) GDPR.
If the controller has made the personal data public and is obliged to erase them pursuant to paragraph 1, the controller shall, taking account of available technology and the cost of implementation, take reasonable steps, including technical measures, to inform controllers which are processing the personal data that a data subject has requested the erasure of all links to, or copies or replications of, those personal data.
The right to erasure (“right to be forgotten”) does not apply insofar as the processing is necessary:
– for the exercise of the right to freedom of expression and information;
– for compliance with a legal obligation which requires processing under Union law or the law of the Member States to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
– for reasons of public interest in the area of public health in accordance with Article 9(2)(h) and (i) and Article 9(3) GDPR;
– for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89(1) GDPR, insofar as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of such processing, or
– for the establishment, exercise, or defense of legal claims.
(6) Right to restriction of processing
You have the right to request that we restrict the processing of your personal data if one of the following conditions applies:
a. the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data,
b. the processing is unlawful and the data subject opposes the erasure of the personal data and instead requests the restriction of the use of the personal data;
c. the controller no longer needs the personal data for the purposes of the processing, but the data subject requires them for the establishment, exercise, or defense of legal claims, or
d. the data subject has objected to the processing pursuant to Article 21(1) GDPR, for as long as it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.
If the processing has been restricted according to the conditions mentioned above, these personal data — apart from their storage — will only be processed with the data subject’s consent, or for the establishment, exercise, or defense of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of important public interest of the Union or of a Member State.
To exercise the right to restriction of processing, the data subject may contact us at any time using the contact details provided above.
(7) Right to data portability
You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used, and machine‑readable format, and you have the right to transmit those data to another controller without hindrance from the controller to whom the personal data were provided, provided that:
a. the processing is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a), or on a contract pursuant to Article 6(1)(b) GDPR, and
b. the processing is carried out by automated means.
When exercising the right to data portability pursuant to paragraph 1, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible. Exercising the right to data portability does not affect the right to erasure (“right to be forgotten”). This right does not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
(8) Right to object
You have the right, on grounds relating to your particular situation, to object at any time to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) GDPR; this also applies to profiling based on those provisions. The controller shall no longer process the personal data unless he can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or the processing serves the establishment, exercise, or defense of legal claims.
If personal data are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purposes of such marketing; this also applies to profiling insofar as it is connected with such direct marketing. If you object to processing for direct marketing purposes, the personal data will no longer be processed for these purposes.
In connection with the use of information society services, you may exercise your right to object by automated means using technical specifications, notwithstanding Directive 2002/58/EC.
You have the right, on grounds relating to your particular situation, to object to the processing of personal data concerning you which is carried out for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1), unless the processing is necessary for the performance of a task carried out in the public interest.
You may exercise the right to object at any time by contacting the respective controller.
(9) Automated individual decision-making, including profiling
You have the right not to be subject to a decision based solely on automated processing — including profiling — which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision:
a. is necessary for the conclusion or performance of a contract between the data subject and the controller,
b. is permitted by Union law or the law of the Member States to which the controller is subject, and those legal provisions contain suitable measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or
c. is carried out with the explicit consent of the data subject.
The controller shall take appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, which shall include at least the right to obtain human intervention on the part of the controller, to express their point of view, and to contest the decision.
The data subject may exercise this right at any time by contacting the respective controller.
(10) Right to lodge a complaint with a supervisory authority
You also have the right, without prejudice to any other administrative or judicial remedy, to lodge a complaint with a supervisory authority—particularly in the Member State of your place of residence, your place of work, or the place of the alleged infringement—if the data subject considers that the processing of personal data concerning them infringes this Regulation.
(11) Right to an effective judicial remedy
Without prejudice to any available administrative or non‑judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR, you have the right to an effective judicial remedy if you consider that your rights under this Regulation have been violated as a result of the processing of your personal data that is not in accordance with this Regulation.
Use of Google Analytics
(1) This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses so‑called “cookies,” text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of this website is generally transmitted to a Google server in the USA and stored there. In the event that IP anonymization is activated on this website, however, your IP address will first be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activities, and to provide other services related to website use and internet use to the website operator.
(2) The IP address transmitted by your browser as part of Google Analytics is not merged with other data from Google.
(3) You can prevent the storage of cookies by selecting the appropriate settings in your browser software; however, we point out that in this case you may not be able to use all functions of this website to their full extent. You can furthermore prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) by Google, as well as the processing of this data by Google, by downloading and installing the browser plug‑in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
(4) This website uses Google Analytics with the “_anonymizeIp()” extension. As a result, IP addresses are further processed in truncated form, so that any personal reference can be excluded. Insofar as the data collected about you is personally identifiable, this reference is therefore immediately removed and the personal data deleted without delay.
(5) We use Google Analytics in order to analyze the use of our website and to be able to improve it regularly. The statistics obtained allow us to improve our offering and make it more interesting for you as a user. For the exceptional cases in which personal data are transferred to the USA, Google has submitted to the EU‑US Privacy Shield, www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Article 6(1) 1st sentence, point (f) GDPR.
(6) Information from the third‑party provider: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. Terms of use:
www.google.com/analytics/terms/de.html, overview of data protection: www.google.com/intl/de/analytics/learn/privacy.html, as well as the privacy policy: www.google.de/intl/de/policies/privacy.
(7) This website also uses Google Analytics for a cross‑device analysis of visitor flows, which is carried out via a user ID. You can deactivate the cross‑device analysis of your use in your customer account under “My data,” “personal data.”
Processor
We make use of external service providers (processors), e.g. for the shipping of goods, newsletters, or payment processing. A separate data processing agreement has been concluded with the service provider in order to ensure the protection of your personal data.
We work with the following service providers:
Design and development of the website: t+c Werbeagentur GmbH, 63791, www.tc-werbeagentur.de
