Data processing

We have concluded a data processing agreement (DPA) with the above-mentioned provider. This is a contract mandated by data privacy laws that guarantees that they process personal data of our website visitors only based on our instructions and in compliance with the GDPR.

Server log files

The provider of this website and its pages automatically collects and stores information in so-called server log files, which your browser communicates to us automatically. The information comprises:

• The type and version of browser used
• The used operating system
• Referrer URL
• The hostname of the accessing computer
• The time of the server inquiry
• The IP address

This data is not merged with other data sources. 

This data is recorded on the basis of Art. 6(1)(f) GDPR. The operator of the website has a legitimate interest in the technically error free depiction and the optimization of the operator’s website. In order to achieve this, server log files must be recorded.

Contact form

If you submit inquiries to us via our contact form, the information provided in the contact form as well as any contact information provided therein will be stored by us in order to handle your inquiry and in the event that we have further questions. We will not share this information without your consent.

The processing of these data is based on Art. 6(1)(b) GDPR, if your request is related to the execution of a contract or if it is necessary to carry out pre-contractual measures. In all other cases the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art. 6(1)(f) GDPR) or on your agreement (Art. 6(1)(a) GDPR) if this has been requested.

The information you have entered into the contact form shall remain with us until you ask us to eradicate the data, revoke your consent to the archiving of data or if the purpose for which the information is being archived no longer exists (e.g., after we have concluded our response to your inquiry). This shall be without prejudice to any mandatory legal provisions, in particular retention periods.

Request by e-mail, telephone, or fax

If you contact us by e-mail, telephone or fax, your request, including all resulting personal data (name, request) will be stored and processed by us for the purpose of processing your request. We do not pass these data on without your consent.

These data are processed on the basis of Art. 6(1)(b) GDPR if your inquiry is related to the fulfillment of a contract or is required for the performance of pre-contractual measures. In all other cases, the data are processed on the basis of our legitimate interest in the effective handling of inquiries submitted to us (Art. 6(1)(f) GDPR) or on the basis of your consent (Art. 6(1)(a) GDPR) if it has been obtained.

The data sent by you to us via contact requests remain with us until you request us to delete, revoke your consent to the storage or the purpose for the data storage lapses (e.g. after completion of your request). Mandatory statutory provisions - in particular statutory retention periods - remain unaffected.

5. Social media

Data processing through social networks

We maintain publicly available profiles in social networks. The individual social networks we use can be found below.

Social networks such as Instagram, TikTok, etc. can generally analyze your user behavior comprehensively if you visit their website or a website with integrated social media content (e.g. like buttons or banner ads). When you visit our social media pages, numerous data protection-relevant processing operations are triggered. In detail:

If you are logged in to your social media account and visit our social media page, the operator of the social media portal can assign this visit to your user account. Under certain circumstances, your personal data may also be recorded if you are not logged in or do not have an account with the respective social media portal. In this case, this data is collected, for example, via cookies stored on your device or by recording your IP address.

Using the data collected in this way, the operators of the social media portals can create user profiles in which their preferences and interests are stored. This way you can see interest-based advertising inside and outside of your social media presence. If you have an account with the social network, interest-based advertising can be displayed on any device you are logged in to or have logged in to.

Please also note that we cannot retrace all processing operations on the social media portals. Depending on the provider, additional processing operations may therefore be carried out by the operators of the social media portals. Details can be found in the terms of use and privacy policy of the respective social media portals.

Legal basis

Our social media appearances should ensure the widest possible presence on the Internet. This is a legitimate interest within the meaning of Art. 6 (1) lit. f GDPR. The analysis processes initiated by the social networks may be based on divergent legal bases to be specified by the operators of the social networks (e.g. consent within the meaning of Art. 6 (1) (a) GDPR).

Responsibility and assertion of rights

If you visit one of our social media sites, we, together with the operator of the social media platform, are responsible for the data processing operations triggered during this visit. You can in principle protect your rights (information, correction, deletion, limitation of processing, data portability and complaint) vis-à-vis us as well as vis-à-vis the operator of the respective social media portal.

Please note that despite the shared responsibility with the social media portal operators, we do not have full influence on the data processing operations of the social media portals. Our options are determined by the company policy of the respective provider.

Storage time

The data collected directly from us via the social media presence will be deleted from our systems as soon as you ask us to delete it, you revoke your consent to the storage or the purpose for the data storage lapses. Stored cookies remain on your device until you delete them. Mandatory statutory provisions - in particular, retention periods - remain unaffected.

We have no control over the storage duration of your data that are stored by the social network operators for their own purposes. For details, please contact the social network operators directly (e.g. in their privacy policy, see below).

Individual social networks

Instagram

We have a profile on Instagram. The provider is Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here:

https://www.facebook.com/legal/EU_data_transfer_addendum,
https://help.instagram.com/519522125107875 and
https://de-de.facebook.com/help/566994660333381.

For details on how they handle your personal information, see the Instagram Privacy Policy:
https://help.instagram.com/519522125107875.

LinkedIn

We have a LinkedIn profile. The provider is the LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland. LinkedIn uses advertising cookies.

If you want to disable LinkedIn advertising cookies, please use the following link: 
https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out. 

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here:

https://www.linkedin.com/legal/l/dpa  and
https://www.linkedin.com/legal/l/eu-sccs.

For details on how they handle your personal information, please refer to LinkedIn's privacy policy:
https://www.linkedin.com/legal/privacy-policy.

TikTok

We have a profile on TikTok. The provider is TikTok Technology Limited, 10 Earlsfort Terrace, Dublin, D02 T380, Ireland. Details on how they handle your personal data can be found in the TiKTok privacy policy: https://www.tiktok.com/legal/privacy-policy?lang=en. 

Data transmission to third countries is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here:
https://www.tiktok.com/legal/privacy-policy?lang=en. 

6. Analysis tools and advertising

Google Analytics

This website uses functions of the web analysis service Google Analytics. The provider of this service is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

Google Analytics enables the website operator to analyze the behavior patterns of website visitors. To that end, the website operator receives a variety of user data, such as pages accessed, time spent on the page, the utilized operating system and the user’s origin. Google may consolidate these data in a profile that is allocated to the respective user or the user’s device.

Furthermore, Google Analytics allows us to record your mouse and scroll movements and clicks, among other things. Google Analytics uses various modeling approaches to augment the collected data sets and uses machine learning technologies in data analysis.

Google Analytics uses technologies that make the recognition of the user for the purpose of analyzing the user behavior patterns (e.g., cookies or device fingerprinting). The website use information recorded by Google is, as a rule transferred to a Google server in the United States, where it is stored.

This analysis tool is used on the basis of Art. 6(1)(f) GDPR. The operator of this website has a legitimate interest in the analysis of user patterns to optimize both, the services offered online and the operator’s advertising activities. If a corresponding agreement has been requested (e.g., an agreement to the storage of cookies), the processing takes place exclusively on the basis of Art. 6(1)(a) GDPR; the agreement can be revoked at any time.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://privacy.google.com/businesses/controllerterms/mccs/.

IP anonymization

On this website, we have activated the IP anonymization function. As a result, your IP address will be abbreviated by Google within the member states of the European Union or in other states that have ratified the Convention on the European Economic Area prior to its transmission to the United States. The full IP address will be transmitted to one of Google’s servers in the United States and abbreviated there only in exceptional cases. On behalf of the operator of this website, Google shall use this information to analyze your use of this website to generate reports on website activities and to render other services to the operator of this website that are related to the use of the website and the Internet. The IP address transmitted in conjunction with Google Analytics from your browser shall not be merged with other data in Google’s possession.

Browser plug-in

You can prevent the recording and processing of your data by Google by downloading and installing thebrowser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

For more information about the handling of user data by Google Analytics, please consult Google’s DataPrivacy Declaration at: https://support.google.com/analytics/answer/6004245?hl=en.

Contract data processing

We have executed a contract data processing agreement with Google and are implementing the stringent provisions of the German data protection agencies to the fullest when using Google Analytics.

Demographic parameters provided by Google Analytics

This website uses the “demographic characteristics” function of Google Analytics, to be able to display to the website visitor compatible ads within the Google advertising network. This allows reports to be created that contain information about the age, gender, and interests of the website visitors. The sources of this information are interest-related advertising by Google as well as visitor data obtained from third-party providers. This data cannot be allocated to a specific individual. You have the option to deactivate this function at any time by making pertinent settings changes for advertising in your Google account or you can generally prohibit the recording of your data by Google Analytics as explained in section “Objection to the recording of data”.

Archiving period

Data on the user or incident level stored by Google linked to cookies, user IDs or advertising IDs (e.g., DoubleClick cookies, Android advertising ID) will be anonymized or deleted after 14 months. For details, please click the following link: support.google.com/analytics/answer/7667196

7. Our handling of your data and your rights

Information in accordance with Articles 13, 14 and 21 of the General Data Protection Regulation (GDPR)

Herein we shall inform you about our processing of your personal data and about the entitlements and rights you hold in accordance with data protection regulations.

Who is responsible for data processing and who can I contact?

The responsible office is:

A.W. Faber-Castell Cosmetics GmbH
Nuernberger Str. 2
D-90546 Stein / Germany

Phone: +49 (0) 911 - 9965-5471
Fax: +49 (0) 911 - 9965-5588
E-Mail: new.business@fc-cosmetics.com

You can reach our contact partner for data protection at:

A.W. Faber-Castell Cosmetics GmbH
Data Protection Officer
Nuernberger Str. 2
D-90546 Stein / Germany

Phone: +49 (0) 911 - 9965-5471
Fax: +49 (0) 911 - 9965-5588
E-Mail: datenschutz[at]faber-castell.de

Which sources and data do we use?

We process personal data that we receive from you within the framework of our business relationship. In addition, we process personal data necessary for the performance of our services which we have permissibly received (e.g. for performance of orders, for satisfaction of contracts or on the basis of consent issued by you). Furthermore, we process personal data which we have permissibly gathered and processed from public sources (e.g. the press and media).

Relevant personal data are personal details (name, address and other contact data). In addition, this can also include data from the performance of our contractual obligations (e.g. order and invoice data), marketing and sales data, documentation data, register data, data on your use of our telemedia (e.g. time of your access of our website or newsletter, pages clicked or entries) as well as other data comparable to the referenced categories.

Why do we process your data (purpose of processing) and on what legal basis?

We process personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR).

For performance of contractual obligations (Article 6 Paragraph 1b GDPR)

The processing of personal data (Article 4 No. 2 GDPR) is done to implement our contracts or precontractual measures with you and for the performance of your orders.

Within the framework of a balancing of interests (Article 6 Paragraph 1f GDPR)

To the extent necessary, we process your data beyond the actual performance of the contract to safeguard our legitimate interests or those of third parties, as for example in the following cases:

• Consultation of and data exchange with information agencies in order to determine creditworthiness and default risk;
• Examination and optimisation of procedures for needs analyses and direct customer contact;
• Advertising or market and opinion research if you have not objected to the use of your data;
• Assertion of legal rights and defences in legal Disputes;
• Assurance of IT security and of IT operations of A.W. Faber-Castell Cosmetics GmbH;
• Prevention and investigation of criminal Acts;
• Video monitoring for safeguarding house rules;
• Measures for building and facility security (e. g. access controls);
• Measures for securing house rules;
• Measures for business management and development of services and products.

On the basis of your consent (Article 6 Paragraph 1a GDPR)

If you have issued us your consent for the processing of personal data for specific purposes, the lawfulness of this processing is provided on the basis of your consent. Consent already issued can be revoked at any time.

Please note that a revocation is effective only in the future. Processing done prior to revocation is not affected.

On the basis of statutory requirements (Article 6 Paragraph 1c GDPR) or public interest (Article 6 Paragraph 1e GDPR)

In addition, we are subject to various legal obligations, meaning statutory requirements. Included in the purposes of processing are, amongst others, the satisfaction of tax control and notification obligations as well as the appraisal and management of risks in order to adhere to compliance guidelines applicable to us.

Who receives my data?

Within our company, those offices receive your data which need them in order to satisfy our contractual and statutory obligations. In addition, processors used by us (Article 28 GDPR) may receive data for the referenced purposes. These can be companies in the categories IT services, logistics, print services, telecommunications, advisory and consulting as well as sales and marketing.

In regard to the disclosure of data to recipients outside our company, it should be noted that we are obliged to maintain confidentiality over all client related facts and assessments of which we have knowledge in accordance with the general terms and conditions concluded between us. We may disclose information about you only if permitted by statutory provisions, you have consented or we are authorised to issue information.

Data transmission to CRIFBÜRGEL according to EU-GDPR

The A.W. Faber-Castell Cosmetics GmbH transmits to CRIF Bürgel GmbH, Leopoldstraße 244, 80807 München, within the framework of this contractual relationship, collected personal data for the purpose of requesting, implementing and terminating this business relationship, as well as data regarding non-contractual conduct or fraudulent conduct.

The legal basis for these transfers is set out in Article 6 paragraph 1 letter b and Article 6 paragraph 1 letter f of the General Data Protection Regulation (GDPR). Transfers based on Article 6 paragraph 1 letter f (GDPR) may only be made insofar as this is necessary for the purpose of maintaining the legitimate interests of A.W. Faber-Castell Cosmetics GmbH, or of a third party, and is not outweighed by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. The exchange of data with CRIF Bürgel GmbH also serves to comply with statutory duties of conducting creditworthiness assessments of customers (§ 505a and 506 of the German Civil Code).

CRIF Bürgel GmbH processes the data received and also uses it for the purpose of creating profiles (scoring) to provide its contractual partners in the Euroean Economic Area and Switzerland, and where applicable, third countries (if there exists for the country an adequacy decision of the European Commission) information, among other things, for assessing the creditworthiness of natural persons. You may find more detailed information about the operations of CRIF Bürgel GmbH in the CRIF Bürgel Fact Sheet or online at www.crifbuergel.de/de/datenschutz.

How long will my data be stored?

To the extent necessary, we process and store your personal data for the duration of our business relationship, which includes, for example the initiation and completion of a contract.

In addition, we are subject to various statutory retention and documentation obligations.

Will data be transmitted to a third country or to an international Organisation?

Data transmission to third countries (countries outside the European Economic Area – EEA) takes place only to the extent necessary for the performance of your orders, or if it is required by statute or if you have issued your consent to us. To the extent required by statute, we shall inform you separately on the details.

What data protection rights do I have?

Every data subject has the right to information in accordance with Article 15 GDPR, the right to rectification in accordance with Article 16 GDPR, the right to erasure in accordance with Article 17 GDPR, the right to restrict processing in accordance with Article 18 GDPR as well as the right to data portability in accordance with Article 20 GDPR. In addition, there is a right to lodge a complaint with a data protection supervisory authority (Article 77 GDPR). 

Is there an obligation to provide data?

Within the framework of our business relationship, you only need to make those personal data available that are necessary for the establishment, implementation and termination of a business relationship or the collection of which we are obliged by law. As a rule, without these data we will have to decline the conclusion of a contract or the performance of an order or will not be able to perform on an existing contract and, if applicable, will have to terminate it.

To what extent is there automated individual decision-making?

As a rule, for the purpose of establishing and implementing a business relationship we do not use fully automated decision-making in accordance with Article 22 GDPR. If we should use this procedure in individual cases, we will separately inform you if required by statute. 

To what extent will my data be used for profiling (scoring)?

To an extent, we automatically process your data with the objective of assessing specific personal aspects (profiling). For example, we use profiling in the following cases:

In order to effectively inform and advise you on products, we make use of evaluation instruments. They enable needs-based communication and advertising including market and opinion research. 

Information on your right to object in accordance with Article 21 General Data Protection Regulation (GDPR) 

1. You have the right on grounds relating to your particular situation to lodge an objection against the processing of personal data concerning you on the basis of Article 6 Paragraph 1e GDPR (data processing in the public interest) and Article 6 Paragraph 1f GDPR (data processing on the basis of a balancing of interests) at any time; this also applies to profiling based on this provision within the meaning of Article 4 No. 4 GDPR that we use for the purpose of credit rating or for marketing purposes.

If you lodge an objection, we will no longer process your personal data unless we can establish compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing serves the assertion, exercise or defence of legal claims.

2. In individual cases we process your personal data for purposes of direct marketing. At all times you have the right to lodge an objection to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling if it is connected with such direct Marketing.

If you object to processing for purposes of direct marketing, we shall no longer process your personal data for this purpose.

The objection can be made informally and, if possible, should be directed to:

A.W. Faber-Castell Cosmetics GmbH
Data Protection Officer
Nuernberger Str. 2
D-90546 Stein / Germany

Phone: +49 (0) 911 - 9965-5471
Fax: +49 (0) 911 - 9965-5588
E-Mail: datenschutz[at]faber-castell.de

8. Changes to this Privacy Policy

We reserve the right to change or supplement this Privacy Policy as needed. We shall publish the changes here. Accordingly, you should regularly visit this website in order to be informed on the current state of this Privacy Policy.

As at: July 2021