Privacy Policy

NAME AND CONTACT DETAILS OF THE DATA CONTROLLER PURSUANT TO ARTICLE 4 (7) OF THE GDPR.

PHAROS S. à r.l.
Pascal Warnking
9 rue du Laboratoire
L-1911 Luxemburg
Telefon: +49 (0) 171 3898 480
E-Mail: pw@pharos-colours.lu

SECURITY AND PROTECTION OF YOUR PERSONAL DATA

We regard it as our paramount responsibility to maintain the confidentiality of the personal data you provide and to protect this data against unauthorised access. We therefore take the greatest care and apply state-of-the-art security standards to ensure maximum protection of your personal data.

As a private company, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the provisions of the German Federal Data Protection Act (BDSG). We have taken technical and organisational measures that ensure that data protection regulations are observed, both by us and by our external service providers.

DEFINITION OF TERMS

Legislation stipulates that personal data must be processed in a lawful way, in good faith and in a manner that is transparent for the data subject (‘lawfulness, processing in good faith, transparency’). In order to ensure that this is the case, we hereby provide you with definitions of the legal terms that we use in our Privacy Policy:

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.

2. Processing
‘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.

4. Profiling
‘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.

5. Pseudonymisation
‘Pseudonymisation’ 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. Filling 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.

7. Controller
‘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.

8. Processor
‘Processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

9. Recipient
‘Recipient’ means 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 are not 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.

11. Consent
‘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 relating to him or her.

LAWFULNESS OF PROCESSING

The processing of personal data is only lawful if there is a legal basis for processing. Pursuant to points (a) to (f) of Article 6 (1) of the GDPR, a legal basis for processing may, in particular, be as follows:

a. the data subject has given consent to the processing of his or her personal data for one or more specific purposes;

b. 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. processing is necessary for compliance with a legal obligation to which the controller is subject;

d. processing is necessary in order to protect the vital interests of the data subject or of another natural person;

e. 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. 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 REGARDING THE COLLECTION OF PERSONAL DATA

(1) Below we inform you about the collection of personal data through the use of our website. Examples of personal data include your name, address, email addresses and user behaviour.

(2) If you contact us by email or via a contact form, the data provided by you (your email address and, if applicable, name and telephone number) will be stored by us in order to answer your questions. The data collected in this context will be erased once its storage is no longer necessary, or its processing limited if statutory requirements exist.”

COLLECTION OF PERSONAL DATA WHEN VISITING OUR WEBSITE

In the case of website use for purely informational reasons, in other words if you do not register or otherwise provide us with information, we will only collect personal data transmitted to our server by your browser. If you wish to view our website, we will collect the following data, which is technically required for us in order to display our website and guarantee stability and security (legal basis is Article 6 [1f] of the GDPR):

– IP address
– Date and time of request
– Time zone difference to Greenwich Mean Time (GMT)
– Content of request (specific page)
– Access status/HTTP status code
– Quantity of data transmitted
– Website from which the request is received
– Browser
– Operating system and its interface
– Language and version of browser software

USE OF COOKIES

(1) In addition to the aforementioned data, cookies will be stored on your computer when you visit our website. Cookies are small text files that are assigned and stored on your hard drive by your browser and allow certain information to be received by the body that adds the cookie. Cookies cannot run programs or transmit viruses to your computer. They serve to make the Internet offering more user-friendly and effective.

(2) This website uses the following types of cookies, the scope and mode of operation of which are detailed below:

– Transient cookies (see a.)
– Persistent cookies (see b.).

a. Transient cookies are automatically deleted once you close your browser. In particular, these include session cookies. These cookies store a session ID that can be used to allocate various requests from your browser to a single session. This means that your computer can be recognised when you return to our website. The session cookies will be deleted when you log out or close the browser.

b. Persistent cookies are deleted automatically after a predefined period of time that may vary from cookie to cookie. You can delete cookies at any time via your browser’s security settings.

c. You can configure your browser settings as you wish and, for instance, reject the acceptance of third-party or all cookies. ‘Third-party cookies’ are cookies placed by a third party and therefore not by the actual website that you are currently visiting. We wish to point out that, by deactivating cookies, you may not be able to use the full functionality of this website.

d. We use cookies to identify you for subsequent visits if you have an account with us. Otherwise, you will be required to log in again for each visit.

e. The Flash cookies used are not detected by your browser, but rather by your Flash Player plug-in. We also use HMTL5 storage objects, which are stored on your end device. These objects store the required data regardless of your browser and do not have an automatic expiry date. If you do not want to process Flash cookies, you need to install a corresponding 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. The use of HTML5 storage objects can be prevented by using the incognito mode in your browser. We also recommend regularly deleting your cookies and the browser history manually.

FURTHER FUNCTIONS AND OFFERINGS OF OUR WEBSITE

(1) Alongside the purely informational use of our website, we offer various services that you can use if interested. To do this, you will generally need to give other personal information which we use to provide the service and for which the aforementioned data-processing principles apply.

(2) We sometimes use external service providers to process your data. These entities have been carefully selected and commissioned by us, are bound by our instructions and are regularly inspected.

(3) Furthermore, we may disclose your personal data to third parties if participation in promotions, competitions, contracts or similar services are offered by us in collaboration with partners. You will receive more information on this when providing your personal data or in the description of the offer below.

(4) Insofar as our service providers or partners have their headquarters in a country outside the European Economic Area (EEA), we inform you about the consequences of this circumstance in the description of our offer.

CHILDREN

Our offer is aimed at adults. Persons under 18 years of age should not transmit any personal data to us without the permission of a parent or guardian.

RIGHTS OF THE DATA SUBJECT

(1) Widerruf der Einwilligung
“Insofar as the processing of personal data is based on consent, you have the right to withdraw this consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

You can contact us at any time to exercise your right to withdraw consent.”
(2) Right to confirmation
You have the right to obtain confirmation from us as to whether or not we are processing personal data pertaining to you. You may request the aforementioned confirmation from us at any time, using the contact details stated above.
(3) Right of access
“Where personal data is being processed, you are entitled to access that data at any time and have the right to the following information:

a. the purposes of the processing;

b. the categories of personal data concerned;

c. the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;

d. where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

e. the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;

f. the right to lodge a complaint with a supervisory authority;

g. where the personal data are not collected from the data subject, any available information as to their source;

h. the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) 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 is 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 of the GDPR relating to the transfer. We will provide a copy of the personal data undergoing processing. For any further copies requested by you, we are entitled to charge a reasonable fee based on administrative costs. If 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 obtain from us, without undue delay, the rectification of inaccurate personal data concerning you. Taking into 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 concerning you without undue delay, and we are obligated 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) of the GDPR, and where there is no other legal ground for the processing;

c. the data subject objects to the processing pursuant to Article 21 (1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 (2) of the 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) of the 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.

There is no right to erasure (‘right to be forgotten’) where the 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) of the GDPR;

– for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89 (1) of the GDPR insofar as the right referred to in paragraph 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 restriction of processing from us 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) of the GDPR pending the verification as to whether the legitimate grounds of the controller override those of the data subject.

Where processing has been restricted pursuant to the requirements outlined above, such personal data shall, 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.

In order to exercise their right to restriction of processing, the data subject can contact us at any time, using the contact details stated above.”
(7) Right to data portability
You have the right to receive the personal data concerning you, which you have provided to us, 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) or point (a) of Article 9 (2) of the GDPR or on a contract pursuant to point (b) of Article 6 (1) of the 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 right to data portability does not prejudice 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, at any time, on grounds relating to your particular situation, to the processing of personal data concerning you, which is based on points (e) or (f) of Article 6 (1) of the GDPR, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject 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. If you object to processing for direct marketing purposes, we will cease to process your personal data 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) of the GDPR, you, on grounds relating to your particular situation, have the right to object to processing of personal data concerning you, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

You may exercise your right to object at any time by contacting the controller responsible.
(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, that produces legal effects concerning you or similarly significantly affects you. This does 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 may exercise this right at any time by contacting the controller responsible.
(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 of the GDPR, you have the right to an effective judicial remedy where you consider that your rights under the GDPR have been infringed as a result of the processing of your personal data in non-compliance with the GDPR.

USE OF SOCIAL MEDIA PLUG-INS

(1) We currently use the following social media plug-ins: [Facebook, Google +, Twitter, Xing, T3N, LinkedIn, Flattr]. With this plug-in, we use the so-called two-click solution. This means that when you visit our page, no personal data is initially transferred to the providers of the plug-ins. You can identify the provider of the plug-in by means of the mark on the box over its first letter or its logo. We give you the opportunity to communicate directly with the provider of the plug-in via the button. The plug-in provider will only be informed that you have accessed the corresponding website of our online offering if you click on the highlighted field and activate it. The data collected during your visit to our website will also be transmitted. In the case of Facebook and Xing, the providers state that, within Germany, your IP address will be anonymised as soon as it is collected. By activating the plug-in, your personal data are therefore sent to the plug-in provider and stored there (i.e. the USA for US providers). Since the plug-in provider mainly uses cookies to gather data, we advise you to delete all cookies via the security settings of your browser before you click on the greyed-out box.

(2) We neither have control over the data collected and the data processing, nor do we know the full extent of data collection, the purposes of processing or the retention periods. We also have no information about the deletion of data collected by the plug-in provider.

(3) The plug-in provider stores the data collected about you as a user profile and uses this for the purposes of advertising, market research and/or for the design of its website. Such analysis occurs in particular (even for users who are not logged in) to provide advertising suited to demand and to inform other users of the social network about your activities on our website. You have the right to object to the compilation of this user profile, whereby you must address the respective plug-in provider to exercise it. Via the plug-in we give you the opportunity to interact with social networks and other users, so that we can improve our offering and make it more interesting for you as a user. The legal basis for the use of these plug-ins is Art. 6 (1f) of the GDPR.

(4) Data are transferred regardless of whether you have an account with the plug-in provider or are logged in there. If you are logged in with the plug-in provider, the data gathered from our website is ascribed directly to your account with the plug-in provider. When you click the active button and link the page, for example, the plug-in provider stores this information in your user account and shares it with your public contacts. We recommend that you log out regularly after using a social network, but especially before activating the button, since this enables you to avoid the data being added to your profile with the plug-in provider.

(5) Further information about the purpose and scope of data collection and processing by the plug-in provider can be found in the data protection policies of these providers, links to which are provided below. There you will also find further information about your rights and optional settings to protect your privacy.

(6) Addresses of the respective plug-in providers and the URLs of their data protection policies:

Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, USA; http://www.facebook.com/policy.php; further information on data collection:
http://www.facebook.com/help/186325668085084
http://www.facebook.com/about/privacy/your-info-on-other#applications
http://www.facebook.com/about/privacy/your-info#everyoneinfo Facebook complies with the EU–US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework .

b. Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, USA; https://www.google.com/policies/privacy/partners/?hl=de. Google complies with the EU–US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework .

c. Twitter, Inc., 1355 Market St, Suite 900, San Francisco, California 94103, USA; https://twitter.com/privacy. Twitter complies with the EU–US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework .

Xing AG, Gänsemarkt 43, 20354 Hamburg, Germany; http://www.xing.com/privacy.

e. T3N, yeebase media GmbH, Kriegerstr. 40, 30161 Hanover, Germany; https://t3n.de/store/page/datenschutz.

f. LinkedIn Corporation, 2029 Stierlin Court, Mountain View, California 94043, USA; http://www.linkedin.com/legal/privacy-policy. LinkedIn complies with the EU–US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework .

g. Flattr Network Ltd., 2nd Floor, White Bear Yard 114A, Clerkenwell Road, London, Middlesex, England, EC1R 5DF, United Kingdom; https://flattr.com/privacy.]

INTEGRATION OF GOOGLE MAPS

(1) This website uses services provided by Google Maps. This allows us to show you interactive maps directly on the website and offers you the convenient use of map functions.

(2) When you visit the website, Google is notified that you have accessed the corresponding sub-page of our website. The data collected during your visit to our website will also be transmitted. This happens regardless of whether Google provides a user account you are logged in to or if there is no user account. If you are logged in to Google, your data will be assigned directly to your account. If you do not wish to associate your activity to your Google profile, you must log out before activating the button. Google stores your data as usage profiles and uses them for the purposes of advertising, market research and/or the custom design of its website. Such evaluation is done in particular (even for users who are not logged on) to provide tailored advertising and inform other social network users about your activity on our website. You have the right to object to the formation of this user profile, although you must address this to Google.

(3) Further information on the purpose and scope of the data collection and its processing by the plug-in provider can be found in the privacy statement issued by the provider. You will also see more information about your corresponding rights and privacy settings there: http://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and has pledged compliance with the EU-US Privacy Shield https://www.privacyshield.gov/EU-US-Framework.

© 2018
PHAROS S. à r.l.
9 rue du Laboratoire
L-1911 Luxemburg

T. +49 21 02 9409 47
info@pharos-colours.lu

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