Data protection information for customers and interested parties

Data protection information for customers and interested parties

The protection of your rights in the processing of personal data is an important concern for the companies of the Masterflex Group. With the following information, we would like to give you an overview of the processing of your personal data by us and your data protection rights.

Status March 2023

1 Name and address of the controller

2 Purposes and legal basis of the processing

3 Legal basis of the processing

4 Recipients or categories of recipients of the personal data

5 Transfer of personal data to a third country

6 Duration of storage of personal data

7 Rights of data subjects

8 Right to withdraw consent pursuant to Art. 7 para. 3 sentence 1 GDPR

9 Obligation to provide the data

1 Name and address of the controller

The controller responsible for data collection is

APT Advanced Polymer Tubing GmbH
Bonner Str. 203
Segro-Park Düsseldorf-Süd
Section 203 G
40589 Düsseldorf-Benrath
Germany

Tel. 0211 819 744-0
info.apt@masterflexgroup.com 
www.aptubing.de

2 Purposes and legal basis of processing

We process the following personal data as part of the initiation and implementation of the business relationship:

• Address
• Bank account details
• customer number
• Surname
• First name
• Your e-mail address
• Your mobile phone number
• Your landline number
• Your fax number

Your personal data is collected

• to process your inquiry as an interested party,
• to prepare and carry out pre-contractual measures - this includes, for example, the preparation and sending of an individual offer or individual agreement and transmission of contractual terms with the aim of concluding a contract,
• to add you to our customer database,
• to check your creditworthiness,
• to fulfill our contractual obligations
• to provide you with the best possible information about our products and services. This also includes sending you direct advertising by e-mail or post,
• to ensure smooth billing of the services provided
• to comply with our legal obligations,
• to provide you, our customer, with the best possible service,
• for the purpose of sending newsletters, if you have registered for our newsletter
• for the fulfillment of post-contractual measures,
• for the assertion, exercise or defense of legal claims.

3 Legal basis for processing

Your data is processed on the basis of the EU General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG) and all other relevant laws (e.g. Section 257 HGB, Section 147 AO, Section 14 UStG, etc.).

3.1 Processing on the basis of legitimate interest, pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR

If necessary, we process your data beyond the fulfillment of the contract to protect our legitimate interests or those of third parties. Examples:

• Assertion, exercise or defense of legal claims
• For internal administrative purposes within the group of companies
• Ensuring IT security and IT operations
• Access controls
• Review and optimization of procedures for needs analysis and direct customer contact
• Advertising or customer surveys, provided you have not objected to the use of your data

When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 sentence 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.

Insofar as the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 para. 1 sentence 1 lit. c GDPR serves as the legal basis.

3.2 Processing on the basis of legitimate interest, pursuant to Art. 6 para. 1 sentence 1 lit. a GDPR

If you have given us your consent to process personal data for specific purposes (e.g. newsletter), this processing is lawful on the basis of your consent.

4 Recipients or categories of recipients of the personal data

Within our group of companies (Masterflex SE including its subsidiaries), those departments that need your data to fulfill our contractual and legal obligations or the above-mentioned purposes will have access to it. Service providers and vicarious agents employed by us may also receive data for this purpose.

Data will only be passed on outside the group of companies if this is required by law or if you have given your consent.

All recipients are obliged to comply with data protection regulations.

Under these conditions, recipients of personal data may be

• Public bodies and institutions (e.g. tax authorities) in the event of a legal or official obligation
• Processors to whom we transfer personal data in order to carry out the business relationship with you (e.g. data destruction, financial accounting, payment transactions, maintenance of IT systems, debt collection companies)

5 Transfer of personal data to a third country

A transfer of your personal data to a third country or to an international organization does not take place and is not intended.

The software providers we use may have their (main) registered office in third countries. In the opinion of the EU, third countries generally do not have an adequate level of data protection. In order to ensure the security of personal data within the meaning of the special requirements of Art. 44 et seq. GDPR, we have agreed standard data protection clauses in accordance with Art. 46 para. 2 lit. c GDPR for the transfer to processors (in the sense of software providers) outside the European Union or the European Economic Area. Should a transfer of personal data to processors (as defined by software providers) outside the European Economic Area (EEA) be necessary in exceptional cases, this will only take place if the third country has been confirmed by the EU Commission as having an adequate level of data protection or if other appropriate data protection guarantees (e.g. binding corporate data protection regulations or EU standard contractual clauses) are in place.

6 Duration of the storage of personal data

After collection, your data will be stored by the controller for as long as is necessary to fulfill the purposes stated in section 3. If the data is no longer required for the fulfillment of contractual or legal obligations, it will be deleted regularly, unless its further processing is necessary for the following purposes:

• Compliance with statutory retention periods, e.g. in accordance with the German Commercial Code or Fiscal Code.
• Preservation of evidence within the framework of the statute of limitations (e.g. §§ 195 ff. BGB).

7 Rights of data subjects

If your personal data is processed, you have the right to obtain information from the controller about the personal data stored about you (Art. 15 GDPR).

If incorrect personal data is processed, you have the right to rectification (Art. 16 GDPR).

If the legal requirements are met, you can request the erasure or restriction of processing and object to processing (Art. 17, 18 and 21 GDPR).

If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data 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, the personal data concerning you will no longer be processed for these purposes.

If you have consented to the data processing or a contract for data processing exists and the data processing is carried out using automated procedures, you may have a right to data portability (Art. 20 GDPR).

You also have the right to lodge a complaint with a supervisory authority (Art. 77 GDPR).

8 Right to withdraw consent pursuant to Art. 7 para. 3 sentence 1 GDPR

If you have consented to the processing by the controller by means of a corresponding declaration, you can revoke your consent at any time for the future. This does not affect the lawfulness of the data processing carried out on the basis of the consent until revocation.

9 Obligation to provide the data

As part of our business relationship, you must provide us with the personal data that is necessary for the establishment and execution of the business relationship and for the fulfillment of the associated obligations or that we are legally obliged to collect. These obligations may arise, for example, from § 14 UStG, § 6 IfSG or contract.

If you do not provide the required data, a contract cannot be concluded or continued with you.