Data Privacy Statement
Name and contact details for the personal responsible in accordance with Article 4 (7) GDPR
Company: Texplast GmbH
Address: Andresenstrasse 5, 06766 Bitterfeld-Wolfen
Telephone: 0049 (0) 3494 6517 300
Data protection officer
Name: Doreen Hubert
Address: Andresenstrasse 5, 06766 Bitterfeld-Wolfen
Security and protection of your personal data
It is extremely important to us to keep confidential the personal data that you make available to us and to protect it from unauthorised access. For this reason, we take the greatest care and apply modern security standards to ensure that your personal data receives maximum protection.
As a company under private law, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the rules of the German Federal Data Protection Act (GDPR). We have taken technical and organisational measures to ensure that the regulations on data protection are observed both by us and by our external service providers.
Legislation demands that personal data are processed lawfully, in good faith and in a way that is understandable for the data subject ("lawfulness, fairness and transparency"). To comply with this requirement, we are informing you about the individual legal term definitions that are also used in this data privacy statement.
1. Personal data
"Personal data" means any information relating to an identified or identifiable natural person ("data subject"); an identifiable natural person is one who 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.
"Processing" means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, 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 of processing
"Restriction of processing" means the marking of stored personal data with the aim of limiting their processing in the future.
"Profiling" means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
"Pseudononymisation" means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person;
6. Filing system
"Filing system" means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.
"Controller" means the 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 or Member State law, the controller or the specific criteria for its nomination may be provided for By Union or Member State law.
"Processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
"Recipient" is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. 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 body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
"Consent" of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data.
Lawfulness of processing
It is only lawful to process personal data if there is a legal basis for processing it. The legal basis for processing under Article 6 (1) points a – f GDPR include but are not limited to:
- The data subject has given consent to the processing of his or her personal data for one or more specific purposes.
- 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.
- Processing is necessary in order to protect the vital interests of the data subject or of another natural person;
- Processing is necessary in order to protect the vital interests of the data subject or of another natural person.
- 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.
- 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 protection of personal data, in particular where the data subject is a child.
Information on the collection of personal data
(1) Below we are providing you with information on the collection of personal data when you use our website. Personal data include name, address, email addresses, user behaviour.
(2) If we are contacted by email or via the contact form, the data you send us (your email address, if applicable your name and your telephone number) will be stored by us so that we can answer your questions. We will erase data produced in this context once it no longer needs to be stored or processing will be restricted in cases where statutory retention obligations exist.
Collection of personal data when visiting our website
If you are just using our website to obtain information, in other words, if you do not register or send us information in some other way, we only collect the personal data that your browser sends to our server. If you wish to view our website, we collect the following data that we need for technical reasons in order to be able to display our website to you and to ensure that the website is stable and secure. (The legal basis is Art. 6 (1) 1 sentence 1 point f) GDPR (General Data Protection Regulations.)
- IP address
- The date and time of your enquiry
- Difference in time between your time zone and Greenwich Mean Time (GMT)
- The content of the request (specific page)
- Access status /HTTP status code
- The amount of data transmitted
- Website from which the request originates
- Operating system you are using and its user interface
- Language and version of your browser software
(1) Whenever you use our website cookies are used and stored on your computer in addition to the data referred to above. Cookies are small text files that are stored on your hard disk and are assigned to the browser you are using: they send certain information to the party that sets the cookie. Cookies cannot execute programs or infect your computer with viruses. They are used to make the content on the internet generally more user-friendly and effective.
(2) This website uses the following types of cookies and below is an explanation of their extent and how they work:
- Transient cookies (see a.)
- Persistent cookies (see b.). •
- a. Transient cookies are deleted automatically when you close the browser. In particular, these include session cookies. These cookies store a "session ID" which can assign various queries made by your browser to the common session. This enables your computer to be recognised the next time you return to our website. The session cookies are deleted when you log out or close the browser.
- b. Persistent cookies automatically expire after a specific length of time, which may differ according to the type of cookie. You can delete cookies in your browser's security settings at any time.
- c. You can configure your browser settings as you wish and • e.g. refuse to accept third-party cookies or all cookies. Third-party cookies are cookies that are set by a third party, in other words not the website the user is actually viewing at that moment. We would point out that, if you deactivate cookies, it is possible that you cannot use all functions of this website.
- d. We set cookies so that you can be identified when you visit the site again, if you have an account with us. Without the cookie you would have to log in again for every visit.
- e. The Flash cookies used are not collected by your browser but instead are collected by your Flash plug-in. We also use HTML5 storage objects that are stored on your terminal device. These objects store the necessary data, regardless of the browser you are using, and they do not have an automatic expiry data. If you do not want these Flash cookies to be processed, you must install an appropriate add-on, e.g. "Better Privacy" for Mozilla Firefox (https://addons.mozilla.org/de/firefox/addon/betterprivacy/) or the Adobe Flash Killer cookie for Google Chrome. You can prevent HTML5 storage objects from being used by enabling the private mode in your browser. We also advise you to delete your cookies and browser history manually on a regular basis.
Further functions and offerings on our website
(1) Apart from using our website purely for information purposes, we offer various services that you can use if they are of interest to you. To use these services, you must usually provide additional personal data that we use to provide the relevant service: the basic principles on data processing, as listed above, apply here.
(2) In some cases, we use external service providers to process your data. These service providers are carefully chosen and engaged by us. They are bound by our instructions and are routinely monitored.
(3) Furthermore, we can pass on your personal data to third parties when we provide opportunities to take part in campaigns or games with prizes and if contracts are signed or similar services are offered by us in conjunction with partners. You will be provided with more detailed information when you submit your personal data or below in the description of the offer.
(4) In cases where our service provider or partners are based in a state outside the European Economic Area (EEA), we will inform you of the implications this entails in the description of the offering.
Our offering is tailored exclusively for adults. Persons aged under 18 should not send any personal data to us without the agreement of their parents or legal guardian.
Rights of data subject
(1) Revocation of consent
Where personal data is processed on the basis of consent, you have the right to revoke this consent at any time. Withdrawal of consent does not prejudice the lawfulness of processing based on previous consent given prior to its revocation. You can contact us at any time to exercise this right of revocation.
(2) Right to confirmation
You have the right to request a confirmation from the person responsible on whether we are processing personal data that relates to you. You can request the confirmation at any time using the contact data indicated above.
(3) Right to information
Where personal data is processed, you can request information about this personal data and the following information at any time:
- a. the reason why it is being processed;
- b. the categories of personal data that is being processed;
- c. the recipients or categories of recipients to which personal data has been disclosed or will still be disclosed, in particular in case of recipients in third countries or international organisations;
- d. if possible, the length of time for which the personal data is stored or, if this is not possible, the criteria for defining how long it will be stored;
- e. the existence of a right to rectification or erasure of the personal data that relate to you or a limitation to the processing by those responsible or the right to object to the data being processed;
- f. the right to lodge a complaint with the supervisory authority;
- g. if the personal data is not collected from the data subject, all available information on the origin of the data;
- h. the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
Where personal data are transferred to a third country or to an international organisation, you have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer. We will provide a copy of the personal data undergoing processing. We may charge a reasonable fee based on administrative costs for any further copies you request. Where you make the request by electronic means, and unless otherwise requested, the information shall be provided in a commonly used electronic form. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
(4) Right to rectification
You have the right to require us to rectify without undue delay inaccurate personal data about you. Taking account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
(5) Right to erasure ("right to be forgotten")
You have the right to obtain from the controller the erasure of personal data about you without undue delay and we have the obligation to erase personal data without undue delay where one of the following grounds applies:
- a. The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- b. The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2) GDPR, and where there is no other legal basis for 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 personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- f. The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data. The right to erasure ("Right to be forgotten") does not apply to the extent that processing is necessary: • for exercising the right of freedom of expression and information; • for compliance with a legal obligation which requires processing by Union or Member State law 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 points (h) and (i) of Article 9(2) as well as 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 in so far as the right referred to in (1) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or • for the establishment, exercise or defence of legal claims.
(6) Right to restriction of processing
You have the right to obtain from us restriction of processing where one of the following 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 requests the restriction of their use instead;
- c. the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
- d. the data subject has objected to processing pursuant to Article 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted under the above prerequisites, such personal information will, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defence 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. The data subject may contact us at any time using the contact data provided above to exercise the right to restriction of processing.
(7) Right to data portability
You have the right to receive the personal data about you, which you have provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where: • a. the processing is based on consent pursuant to point (a) of Article 6 (1) GDPR or point (a) of Article 9 (2) or on a contract pursuant to point (b) of Article 6 (1) GDPR and • b. the processing is carried out by automated means. In exercising your 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. The exercise of the right of data portability shall be without prejudice to the right to erasure ("Right to be forgotten"). That right shall 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 to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you based on Article 6(1) point e or f) GDPR, including profiling based on those provisions. The data controller may then no longer process the personal data relating to you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims. Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications. Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), you, on grounds relating to your particular situation, shall have the right to object to processing of personal data about you, unless the processing is necessary for the performance of a task carried out for reasons of public interest. You can exercise the right to object at any time by contacting the relevant data 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 shall not apply if the decision:
- a. is necessary for entering into, or performance of, a contract between the data subject and a data controller,
- b. is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or
- c. is based on the data subject's explicit consent.
The data controller shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision. The data subject can exercise the right to object at any time by contacting the relevant data controller.
(10) Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you also have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
(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 where you consider that your rights under this regulation have been infringed as a result of the processing of your personal data in non-compliance with this Regulation.