We would like to use the information below to provide you with an overview of our processing of your personal data and your rights under data protection law. It is generally possible to use our website without entering personal data. However, if you wish to make use of special services offered by our company through our website, it may be necessary to process personal data. If it is necessary to process personal data and there is no legal basis for such processing, we will generally obtain your consent.
Personal data, such as your name, address or email address, is always processed in accordance with the EU General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable to the "GMG GmbH & Co. KG". The aim of this Privacy Notice is to inform you about the scope and purpose of the personal data we collect, use and process.
As the data controller, we have implemented numerous technical and organizational measures to ensure the most complete possible protection of the personal data processed via this website. Nevertheless, as a rule, internet-based data transmissions may have security gaps, and we are unable to guarantee absolute protection. Because of this, you are free to send us personal data by alternative means, for example by telephone or post.
2. Data Controller
The data controller, as defined by the GDPR, is:
GMG GmbH & Co. KG
Mömpelgarder Weg 10, 72072 Tübingen, Deutschland
Phone: +49 7071 93874-0 | Fax: +49 7071 93874-22 | Email: [email protected]
Data controller`s representatives: Joerg Weihing, Robert Weihing
3. Data Protection Officer
You can reach our data protection officer as follows:
Tercenum AG, Georgenstraße 22, 10117 Berlin, Germany
Email: [email protected]
You may contact our data protection officer directly at any time if you have any questions or suggestions regarding data protection.
This Privacy Notice uses terms based on those used by European lawmakers in adopting the General Data Protection Regulation (GDPR). Our Privacy Notice should be easy for the public as well as our customers and business partners to read and understand. To ensure this is the case, we would like to explain the terms used in advance. We use the following terms in this Privacy Notice, among others:
1. Personal data
Personal data means any information relating to an identified or identifiable natural person. 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.
2. Data subject
A data subject is any identified or identifiable natural person whose personal data is processed by the data controller (our company).
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, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
4. Restriction to processing
Restriction to processing means marking stored personal data with the aim of limiting its processing in 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 analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
Pseudonymization is the processing of personal data in such a way that the data can no longer be assigned to a specific data subject without additional information being provided, given that such additional information is kept separate and subject to appropriate technical and organizational measures that ensure that personal data cannot be attributed to an identified or identifiable natural person.
7. Data processor
The processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient means a natural or legal person, public authority, agency or another body, to which the personal data is 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.
9. Third parties
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 authorized to process personal data.
Consent is any unambiguous voluntary declaration of consent given by the data subject for a specific case in an informed manner in the form of a statement or other action clearly confirming consent with which the data subject indicates their agreement to their personal data being processed.
5. Legal Basis for Processing
Article 6 Paragraph 1(a) GDPR serves as our company`s legal basis for processing operations in which we obtain consent for a specific processing purpose.
If the processing of personal data is necessary for the performance of a contract to which you are a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or consideration, processing is based on Article 6 Paragraph 1(b) GDPR. The same applies to those processing operations required to carry out pre-contractual measures, such as in cases of queries regarding our products or services.
If our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfilment of tax obligations, processing is based on Article 6 Paragraph 1(c) GDPR.
In rare cases, processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if someone visiting our business were to be injured and their name, age, health insurance data or other vital information needed to be disclosed to a doctor, hospital or other third party. Processing would then be based on Article 6 Paragraph 1(d) GDPR.
Finally, processing operations could be based on Article 6 Paragraph 1(f) GDPR. Processing operations not based on any of the above-mentioned legal bases may be carried out on the basis of Article 6 Paragraph 1(f) GDPR if processing is necessary to safeguard the legitimate interests of our company or those of a third party, provided the interests and fundamental rights and freedoms of the data subject do not take precedence. We are permitted to engage in such processing operations in particular because they have been specifically mentioned in European law. In this respect, the legislature took the view that a legitimate interest could be assumed if you are a customer of our company (Recital 47 Sentence 2 GDPR).
6. Disclosure of Data to Third Parties
Your personal data will not be sent to third parties for purposes other than those listed below. We will disclose your personal data to third parties if:
- you have expressly consented to this pursuant to Article 6 Paragraph 1 Sentence 1(a) GDPR,
- disclosure under Article 6 Paragraph 1 Sentence 1(f) GDPR is permitted to safeguard our legitimate interests and there is no reason to assume that you have an overriding legitimate interest in not disclosing your data,
- in the event that there is a legal obligation to disclose your data pursuant to Article 6 Paragraph 1 Sentence 1(c) GDPR and
- if this is legally permissible and necessary for the performance of our contract with you pursuant to Article 6 Paragraph 1 Sentence 1(b).
7.1 SSL/TLS encryption
This site uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login details or contact requests that you send to us as the website operator. You can recognize an encrypted connection by your browser’s address bar reading "https://" instead of "http://" and the lock symbol in the browser bar.
If SSL or TLS encryption is activated, the data you send us cannot be read by third parties.
7.2 Data collection when visiting the website
If you only use our website for informational purposes, i.e. if you do not register or otherwise provide us with information, we only collect the data your browser sends our server (in what is known as "server log files"). Our website collects a range of general data and information each time you access a website or an automated system. This general data and information are stored in the server’s log files. The browser
- types and versions used,
- the operating system used by the accessing system,
- the website from which an accessing system accesses our website (called a referrer),
- the sub-pages accessed via an accessing system on our website,
- the date and time the website is accessed,
- a truncated internet protocol address (anonymized IP address) and
- the accessing system's internet service provider may be collected.
No conclusions are drawn about you when using this general data and information. Instead, this information is needed
- to properly deliver our website content,
- to optimize the content of our website as well as to advertise it,
- to ensure the continued functioning of our IT systems and our website’s technology
- as well as to provide the information necessary for law enforcement authorities to prosecute in the event of a cyber-attack.
This collected data and information is therefore statistically analyzed and further analyzed by us with the aim of increasing data protection and data security within our company to ultimately ensure an optimum level of protection for the personal data being processed by us. The anonymous data from the server log files is stored separately from all personal data provided by a data subject.
The legal basis for data processing is Article 6 Paragraph 1 Sentence 1(f) GDPR. Our legitimate interest is based on the purposes listed above for the collection of data.
8.1 General information on cookies
Information generated from the specific device used is stored in cookies. This does not mean, however, that we will gain immediate knowledge of your identity.
We also use temporary cookies to optimize user-friendliness. These cookies are stored on your device for a specific period of time. If you return to our website to use our services, cookies allow us to automatically recognize that you have visited our website previously and remember the inputs and settings you have made so that you do not have to enter them again.
The processing of data through cookies for the purposes stated above is necessary in order to safeguard our legitimate interests pursuant to Article 6 Paragraph 1 Sentence 1(f) GDPR.
Most browsers automatically accept cookies. However, you can configure your browser so that no cookies are stored on your computer or, so a message is always displayed before a new cookie is created. However, if you disable cookies completely, you may not be able to use all the features on our website.
8.2 Cookie Opt-in
In accordance with Article 6 Paragraph 1(a) GDPR, you have given your consent to this through our opt-in cookie banner (EU countries).
9. Content of our Website
9.1 Data processing for order processing
The personal data we collect is disclosed to the transport company hired to deliver goods under the scope of contract execution, provided this is necessary for the delivery of the goods. We disclose your payment details to the bank commissioned as part of payment processing, provided this is necessary for payment processing. If payment service providers are used, we will explicitly inform you about this below. The legal basis for this transfer of data is Article 6 Paragraph 1(b) GDPR.
9.2 Conclusion of contracts, retailers and dispatch of goods
We only send personal data to third parties where necessary as part of contract execution, for example to the companies entrusted with the delivery of the goods or the bank entrusted with processing payment. No data is otherwise sent unless you have expressly agreed to this. Your data will not be disclosed to third parties without your express consent, for example for advertising purposes.
The basis for data processing is Article 6 Paragraph 1(b) GDPR, which permits the processing of data for the fulfilment of a contract or pre-contractual measures.
9.3 Contact / contact form
Personal data is collected when you contact us (e.g. using our contact form or by email). If you use a contact form to get in touch with us, the contact form you use will indicate the data being collected. This data is stored and used exclusively for the purpose of responding to your query or establishing contact and the associated technical administration. The legal basis for data processing is our legitimate interest in responding to your request pursuant to Article 6 Paragraph 1(f)f GDPR. If the aim of you contacting us is to conclude a contract, processing is also legally based on Article 6 Paragraph 1(b) GDPR. Your data will be erased once we have finished processing your query. This is the case when it can be inferred from the circumstances that the relevant facts have been clarified in a conclusive manner and there are no statutory retention obligations in place that prevent its erasure.
9.4 Services / digital goods
We only send personal data to third parties where necessary as part of contract execution, for example to the bank entrusted with processing payment.
No data is otherwise sent unless you have expressly agreed to this. Your data will not be disclosed to third parties without your express consent, for example for advertising purposes.
The basis for data processing is Article 6 Paragraph 1(b) GDPR, which permits the processing of data for the fulfilment of a contract or pre-contractual measures.
9.5 Application management / job exchange
We collect and process the personal data of applicants for the purpose of carrying out the application process. Processing may also be carried out electronically. This is particularly the case if an applicant submits corresponding application documents to us electronically, for example by email or via a web form on the website. If we conclude an employment contract with an applicant, the data transmitted will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If we do not conclude an employment contract with the applicant, the application documents will be automatically erased two (2) months after notification of the rejection decision, provided that no other legitimate interests of ours prevent their erasure. Other legitimate interests in this context include, for example, the duty to provide evidence in proceedings under the German Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz [AGG]).
The sole basis for the data processing is our legitimate interest in line with Article 6 Paragraph 1(f) GDPR.
9.6 Credit checks
We would like to point out that we are entitled, subject to the legal requirements, to transfer all relevant data from outstanding claims to credit agencies due to non-contractual behavior. If we make advance payments, e.g. For example, when paying on account or direct debit, we reserve the right to obtain credit information. For this purpose, we transmit the personal data required for a credit check to economic information. We use the information received from there about the statistical probability of a payment default for a balanced decision on the establishment, implementation or termination of a contractual relationship. Your interests worthy of protection are taken into account in accordance with the statutory provisions. Processing takes place on the basis of Art. 6 Para. 1 lit. f) GDPR based on the aforementioned legitimate interest.
10.1 Newsletter for regular customers
If you have provided us with your email address when purchasing goods or services, we reserve the right to send you regular emails with offers on products or services from our collection similar to those you have already purchased. We do not require your specific consent for such purposes as per article 7, paragraph 3 of the UWG (Unfair Competition Act). The sole basis for the data processing is our legitimate interest in personalized direct marketing in line with article 6, paragraph 1 lit. f GDPR. We will not send you any emails should you expressly object to the use of your email address for that purpose. You are entitled to object to the use of your email address for the aforementioned purpose at any time with immediate effect by notifying the data controllers listed in the opening of this statement. By taking this action, you will incur submission fees only in line with basic rates. After receipt of your objection, your email address will immediately be removed for marketing purposes.
10.2 Marketing newsletter
You can subscribe to our newsletter via our website. The input screen determines which personal data are shared with us when subscribing to the newsletter.
We use our newsletter to regularly communicate our offers to our customers and business partners. You can, therefore, only receive our company’s newsletter if
1. you have a valid email address and
2. have registered for the newsletter.
For legal reasons, as part of the double opt-in procedure a confirmation email will be sent to the email address you provided when registering for the newsletter. This confirmation email is sent to check if you are the holder of the email address and have authorized the newsletter.
When you register for the newsletter, we also save the IP address used by your IT system at the time of registration, which is issued by your Internet Service Provider (ISP) as well as the date and time of registration. We must collect this data to investigate any (possible) misuse of your email address at a later stage and it is therefore lawful for the purposes of our security.
The personal data collected during registration are used solely for sending our newsletter. Furthermore, subscribers to the newsletter may receive information via email if this is required in order to administer the newsletter service for registration purposes, which may be the case if our newsletter is amended or technical circumstances change. Personal data collected for our newsletter service are not shared with third parties. You may terminate your subscription to our newsletter at any time. You can at any time withdraw your consent to the storage of the personal data you shared during registration. A link is provided in each newsletter to allow you to withdraw your consent. It is also possible to unsubscribe from our newsletter directly through the website or to contact us in another manner.
The legal basis for data processing for the purposes of sending a newsletter is article 6, paragraph 1 lit. a GDPR.
10.3 Newsletter tracking
Our newsletters contain what are known as tracking pixel. A tracking pixel is a miniature graphic embedded in emails sent in HTML format to enable the recording and analysis of log files. This allows for a statistical analysis of the success or failure of online marketing campaigns. The embedded tracking pixel allows the company to determine if and when an email was opened by you and what links you accessed in the email.
We store and analyze the personal data collected via the tracking pixel contained in the newsletters in order to optimize the sending of our newsletters and to adapt the content of future newsletters to even better suit your interests. This personal data will not be disclosed to third parties. Data subjects are entitled to revoke the relevant declaration of consent granted separately and submitted via the double opt-in procedure at any time. Once consent has been revoked, we erase this personal data. Unsubscribing from the newsletter will automatically be interpreted as revocation.
This kind of analysis is carried out in particular in accordance with Article 6 Paragraph 1(f) GDPR on the basis of our legitimate interests in displaying personalized advertising, market research and/or the design of our website commensurate to market needs.
11. Our Activities in Social Networks
To allow us to communicate with you on social networks and inform you about our services, we run our own pages on these social networks.
We are not the original provider (data controller) of these pages, but only use them within the scope of the options offered to us by the respective providers
We would therefore like to point out as a precautionary measure that your data may also be processed outside of the European Union or the European Economic Area. Use of these networks may therefore involve data protection risks for you since the protection of your rights may be difficult, e.g. your rights to information, erasure, objection, etc. Processing on social networks frequently takes place directly for advertising purposes or for the analysis of user behavior by network providers, and we have no control over this. If the provider creates user profiles, cookies are often used, or user behavior may be assigned directly to your own member profile on the respective social network (if you are logged in).
The processing operations of personal data described are carried out in accordance with Article 6 Paragraph 1(f) GDPR on the basis of our legitimate interests and the legitimate interests of the respective provider in order to communicate with you in a timely manner or to inform you about our services. If you have to grant your consent to the respective providers to process your data as a user, the legal basis for this processing is Article 6 Paragraph 1(a) GDPR in conjunction with Article 7 GDPR.
Since we have no access to these providers’ databases, we would like to point out that you would be best placed to exercise your rights (e.g. to information, rectification, erasure, etc.) directly with the respective provider. More information on the processing of your data on social networks and your options for exercising your right to object or your right of revocation (opt out) is listed below for each of the social network providers we use:
Data controller responsible for data processing in Europe:
Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland
Privacy Notice (Data Policy): https://www.facebook.com/about/privacy
Opt-out and advertising settings: https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen
Controller responsible for data processing: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland
Privacy Notice: https://policies.google.com/privacy
Opt-out and advertising settings: https://adssettings.google.com/authenticated
Data controller responsible for data processing in Europe: LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland
Privacy Notice: https://www.linkedin.com/legal/privacy-policy
Opt-out and advertising settings: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out
Data controller responsible for data processing in Europe: Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07, Ireland
Privacy Notice: https://twitter.com/en/privacy
Information about your data: https://twitter.com/settings/your_twitter_data
Opt-out and advertising settings: https://twitter.com/personalization
Data controller responsible for data processing in Germany: XING AG, Dammtorstrasse 29?32, 20354 Hamburg, Germany
Privacy Notice: https://privacy.xing.com/de/datenschutzerklaerung
Requests for information for XING members: https://www.xing.com/settings/privacy/data/disclosure
12. Web Analytics
12.1 Google Analytics
We use Google Analytics, a web analytics service provided by Google Ireland Limited (https://www.google.com/about/) (Gordon House, Barrow Street, Dublin 4, Ireland; hereinafter referred to as "Google"), on our website. As part of this, pseudonymized user profiles are created and cookies (see the section on "Cookies") are used. The information generated by the cookie about your use of this website, such as your browser
- browser type/version
- operating system
- referrer URL (website previously visited), host
- name of the accessing computer (IP address) and
- time of server request,
is transmitted to a Google server in the US and stored there. This information is used to evaluate your use of this website, to compile reports on the website activities, and to perform further services linked to website and internet use for market research purposes and to tailor the design of this website. This information may also be sent to third parties if this is legally required or if third parties process this data on behalf of Google. Under no circumstances will your IP address be associated with any other data. IP addresses are anonymized so that it is not possible to assign them to individuals (known as IP masking).
You have the option of declining the use of Google Analytics cookies via our cookie banner (EU countries) or by selecting the appropriate settings on your browser; however, we would point out that this may result in you not being able to use all the features of this website.
The use of Google Analytics is in the interest of optimizing and tailoring the design of our website. This constitutes a legitimate interest as defined by Article 6 Paragraph 1(f) GDPR.
Additional information on data protection with respect to Google Analytics is available on the Google Analytics website in the help section (https://support.google.com/analytics/answer/6004245?hl=en).
You can opt-out to the creation of a user profile, Hotjar’s storing of data about your usage of our site and Hotjar’s use of tracking cookies on other websites by following this opt-out link.
15. Plugins and Other Services
15.1 YouTube (Videos)
We have integrated YouTube components on this website. YouTube is an online video portal that allows video publishers to freely place video clips and allows other to view, rate and comment on videos free of charge. YouTube allows the publication of all types of videos. Both full film and television broadcasts as well as music videos, trailers and user-generated videos are available via the online portal.
YouTube is operated by YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
Each time a visitor opens an individual page of the website run by us and on which a YouTube component (YouTube video) is integrated, the YouTube component in question will trigger the browser on your IT system to download a representation of the corresponding YouTube component from YouTube. Additional information on YouTube can be found at https://www.youtube.com/yt/about/. As part of this technical process, YouTube and Google will receive information about the specific sub-page of our website you visit.
If the data subject is logged onto YouTube at the same time as they visit our website, YouTube identifies the specific sub-page of our website your visit when a sub-page containing a YouTube video is accessed. This information is collected through YouTube and Google and assigned to your YouTube account.
Through the YouTube component, YouTube and Google receive information that you have visited our website whenever you are logged in to YouTube at the same time as accessing our website, regardless of whether you click on a YouTube video or not. If you do not want this information transferred to YouTube and Google, you can prevent this by logging out of your YouTube account before visiting our website.
The use of YouTube is in the interests of simple, convenient use of our website. This constitutes a legitimate interest as defined by Article 6 Paragraph 1(f) GDPR.
16. Your Rights as a Data Subject
16.1 Right to confirmation
You have the right to request confirmation from us as to whether personal data relating to you will be processed.
16.2 Right to information (Article 15 GDPR)
You have the right to obtain information about the personal data stored about you at any time, free of charge, as well as the right to access a copy of such data from us.
16.3 Right to rectification (Article 16 GDPR)
You have the right to request the immediate rectification of incorrect personal data relating to yourself. Furthermore, the data subject has the right to request the completion of incomplete personal data, taking into account the purposes of the processing.
16.4 Erasure (Article 17 GDPR)
You have the right to request that we erase your personal data, provided one of the reasons stipulated by law applies and if processing is not necessary.
16.5 Restriction to processing (Article 18 GDPR)
You have the right to request that we restrict the processing of your data if one of the legal requirements is met.
16.6 Data transferability (Article 20 GDPR)
You have the right obtain personal data relating to you that you provided us in a structured, commonly used and machine-readable format. You also have the right to transfer this data to another controller without hindrance by us, to whom the personal data was provided, provided that the processing is based on the consent pursuant to Article 6 Paragraph 1(a) GDPR or Article 9 Paragraph 2(a) GDPR or on a contract pursuant to Article 6 Paragraph 1(b) GDPR, and the data are processed using automated procedures, unless processing is necessary to complete a task, is in the public interest or is carried out in the exercise of an official authority assigned to us.
Furthermore, when exercising your right to data transferability pursuant to Article 20 Paragraph 1 GDPR, you have the right to have personal data transferred directly from one controller to another, provided this is technically feasible and does not impede the rights and freedoms of other persons.
16.7 Objection (Article 21 GDPR)
You have the right to lodge an objection to the processing of personal data relating to you for reasons relating to your particular situation where this is done on the basis of Article 6 Paragraph 1(e) (data processing in the public interest) or (f) (data processing on the basis of the weighing of legitimate interests) GDPR.
This also applies to profiling based on these provisions pursuant to Article 4 Number 4 GDPR.
Should you lodge an objection, we will no longer process your personal data unless we can demonstrate compelling and legitimate reasons for such processing that outweigh your interests, rights and freedoms, or where processing serves the assertion, exercise or defense of legal claims.
In individual cases, we process your personal data for direct marketing purposes. You have the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling where this is connected to this kind of direct marketing. Should you object to the processing of your data for direct marketing purposes, we will no longer process your personal data for this purpose.
In addition, you have the right to object to our processing of your personal data for scientific or historical research purposes or for statistical purposes pursuant to Article 89 Paragraph 1 GDPR for reasons arising from your particular situation, unless such processing is necessary for the performance of a task in the public interest.
You are free to exercise your right to lodge an objection in relation to the use of information society services, Directive 2002/58/EC notwithstanding, by means of automated procedures using technical specifications.
16.8 Revocation of consent regarding data protection
You have the right to revoke any consent to the processing of personal data at any time with future effect.
16.9 Lodging a complaint with a supervisory authority
You have the right to complain to a supervisory authority responsible for data protection about our processing of personal data.
17. Routine Storage, Erasure and Blocking of Personal Data
We process and store your personal data only for the period of time necessary to meet the storage purpose or as required by the legal provisions to which our company is subject.
If the storage purpose no longer applies or if a required retention period expires, personal data will be routinely blocked or erased in accordance with the statutory provisions.
18. Duration of Storage of Personal Data
The criterion for the duration of the retention of personal data is the respective legal retention period. Once this period expires, the data in question will be routinely erased, provided it is no longer required for the fulfilment or initiation of the contract.
19. Version and Amendments to the Privacy Note
This Privacy Notice is currently valid and was last updated on January 2020.
It may be necessary for us to amend this Privacy Notice in the process of further developing our website and the services we offer through our website or due to changes in legal or regulatory requirements. You can view and print our current Privacy Notice on the website at any time by visiting "https://gmgcolor.com/privacy/ ".