Last modified: May 25th, 2018
For the purposes of applicable data protection law, Axalta is the controller of any personal data collected from you on the website or otherwise for the purpose of conducting or developing our business with you. For the purposes of this Notice, personal data means any information relating to an identified or identifiable person.
Table of Content
Information We Collect Automatically
Information You Provide
Use of Personal Data
Disclosure of Personal Data
Retention of Personal Data
Changes to this Notice
Information We Collect Automatically
When you visit our website, our server automatically collects certain browser or device generated information, which may in some cases constitute personal data, including but not limited to:
- your domain;
- your IP address;
- your date, time and duration of your visit;
- your browser type;
- your operating system;
- your page visits;
- information from third parties;
- other information about your computer or device;
- Internet traffic,
- Your user behaviour (e.g. how you interact with the website).
We do not use this automatically collected information to try to identify you by name, and we do not associate it with the information you provide voluntarily, as detailed below.
Information You Provide
In order to access or use certain portions of the website or enjoy the full functionality of the website, or otherwise in conducting business with us or seeking to conduct business with us, you may be prompted to provide certain personal data to us in the following ways:
- by filling in forms (for example, a ‘Contact us’ form) on our website or at a trade show or anywhere else we conduct business;
- by downloading documentation from our website;
- by subscribing to newsletters or other communications;
- by corresponding with us by phone, e-mail or otherwise using our contact details; or
- by applying for a job, work placement or internship over our recruitment platform, in relation to which you should also refer to the specific privacy notices made available to you during the recruitment process.
Typically, the personal data you give us may include name, business affiliation, business address, telephone number, and email address, and any personal details required to resolve any enquiries or complaints. Where you are applying for a job, work placement or internship, you will be asked to provide certain additional information, for example about your education, employment history and right to work, pursuant to a specific privacy notice for job candidates.
This personal data is required to enter into a contract with you (such as in anticipation of an employment contract or a services agreement) or to perform a contract with you (such as to provide services at your request), and failure to provide any information may result in our inability to provide requested services or products, or consider your application for employment.
Webtracking / Analysis
We use a web tracking and web analysis software in order to determine the frequency of use and the number of people visiting our website. In this context, we do not collect any personal data which could reveal your identity to us. Only the IP address which you use when visiting our website will be processed. These data will be used group-wide only in aggregated form for statistical purposes and further development of our websites.
Our web tracking and analysis software is Google Analytics, a very widely used system.
You may choose to object the collection and use of the aforementioned information for statistical purposes and further development of our websites at any time by either
- deactivate the “track users” setting in your browser or
- by using the opt-out mechanism provided by Google Analytics here.
Other Personal Data
Other personal data such as your name, your address, telephone number or e-mail address is not collected unless you actively provide us with such data, e.g. in connection with a survey, the processing of an inquiry by you, your registration at our website or in connection with an order (see below).
We use Google Analytics “cookies” on our websites in connection with some of the functionalities described above. “Cookies” are small files which enable us to store individual information related to your computer or other device used to access our website. Cookies help us, e.g., to determine the frequency of use and the number of people visiting our website and to create our services as comfortable and efficient as possible for you.
The content of a cookie is limited to an identification number. Name, IP-address or other information regarding your true identity are only collected to the extent necessary for the operation of the functionality cookies (i.e. in connection with the log-in function).
Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org.
Use of Personal Data
The following is an overview of our purposes for using your personal data. Additional details on how we process your personal data may be provided to you in a separate notice or contract.
All processing and use of your personal data is justified by a “condition” for processing. In addition, processing of sensitive personal data (such as religion and nationality provided for a recruitment application) is always specifically justified. In the majority of cases, processing will be justified on the basis that:
- the processing is necessary to perform a contract with you or take steps to enter into a contract at your request, such as to fulfil an order, to review your job application, or to provide product information you have requested;
- the processing is necessary for us to comply with a relevant legal obligation, such as keeping accounting records or to verify employment eligibility;
- the processing is in our legitimate interests, which are not overridden by your interests and fundamental rights. Our legitimate interests are to use supplier, customer and website user data to conduct and develop our business activities with them and with others while limiting the use of their personal data to purposes that support the conduct and development of our business; or
- you have consented to the processing.
We use the personal data we collect to:
- conduct and develop our business with you and with others, as more fully described below;
- provide you with any services or products you have contracted for;
- administer and manage performance of purchase or sales agreements with our suppliers and customers;
- provide after-sales support;
- process, evaluate and complete certain transactions involving the website, and more generally transactions involving Axalta’s products and services;
- operate, evaluate, maintain, improve and develop the website (including by monitoring and analysing trends, access to, and use of the website for advertising and marketing);
- evaluate, improve and develop our products and services generally;
- customize our website to users’ needs;
- engage you about events, promotions, the website and Axalta’s products and services;
- provide you with documentation or communications which you have requested;
- correspond with users to resolve their queries or complaints;
- support and manage a recruitment, work placement or internship process, including considering applications and making offers;
- send you marketing communications, where it is lawful for us to do so;
- protect and ensure safety of the website, Axalta confidential and proprietary information, and Axalta employees;
- manage, protect against and investigate fraud, risk exposure, claims and other liabilities, including but not limited to violation of our contract terms or laws or regulations;
- share your personal data with third parties in connection with potential or actual sale of our company or any of our assets, or those of any affiliated company, in which case personal data held by us about our users may be one of the transferred assets;
Axalta will not sell or rent your personal data to third parties.
Disclosure of Personal Data
We are part of the global Axalta group, and from time to time it will be necessary to share your personal data with our affiliated businesses for the purposes described above. We may also appoint third party service providers (who will operate under our instructions) to assist us in providing information, products or services to you, in conducting and managing our business, or in managing and improving our products, services or the website. Axalta may share your personal data with these affiliates and third parties to perform services that the third parties have been engaged by Axalta to perform on Axalta’s behalf, subject to appropriate contractual restrictions and security measures, or if we believe it is reasonably necessary to prevent harm or loss, or if we believe that the disclosure will further an investigation of suspected or actual illegal activities.
If your personal data is transferred outside the EU to other Axalta affiliates or to third party service providers, we will take steps to ensure that your personal data receives the same level of protection as if it remained within the EU, including by entering into data transfer agreements using the European Commission approved Standard Contractual Clauses, or by relying on certification schemes such as the EU – US Privacy Shield. For transfers of personal data among Axalta affiliates we have put in place European Commission approved Standard Contractual Clauses. The list of all the countries to which your personal data is transferred, and whether each country benefits from a decision of the European Commission determining that the country provides adequate protection to personal data, is set forth here Country List. You have a right to obtain details of the mechanism under which your personal data is transferred outside of the EU. The contact details can be found at the bottom of this page.
Axalta reserves the right to share any information that you provide which is not deemed personal data or is not otherwise subject to contractual restrictions.
The website is not for use by children under the age of 16 years and Axalta does not knowingly collect, store, share or use the personal data of children under 16 years. If you are under the age of 16 years, please do not provide any personal data, even if prompted by the website to do so. If you are under the age of 16 years and you have provided personal data, please ask your parent(s) or guardian(s) to notify Axalta and Axalta will delete all such personal data.
Where lawful to do so, and subject to your consent where required, we may communicate with you by email to tell you about our products and services. If you wish to opt-out of receiving marketing communications, please use the ‘unsubscribe’ link provided in our emails, or otherwise contact us directly and we will stop sending you communications.
Axalta aims to safeguard and protect your personal data from unauthorized access, improper use or disclosure, unauthorized modification or unlawful destruction or accidental loss, and Axalta utilizes and maintains certain reasonable processes, systems, and technologies to do so. However, you acknowledge that no transmission over the Internet is completely secure or error-free, and that these processes, systems, and technologies utilized and maintained by Axalta are subject to compromise. Accordingly, we cannot be held responsible for unauthorized or unintended access that is beyond our control.
Retention of Your Personal Data
We apply a general rule of keeping personal data only for as long as required to fulfil the purposes for which it was collected. In general, we retain your personal data for a period of time corresponding to a statute of limitation, for example to maintain an accurate record of your dealings with us. However, in some circumstances we may retain personal data for other periods of time, for instance where we are required to do so in accordance with legal, tax and accounting requirements, or if required to do so by a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required.
The information you enter in our website Contact Form will be received by us as an email. We will store that email as we would do with any other email in our email client (a program such as Outlook, ‘Mail’ on a Mac, Thunderbird, or similar). That email will be kept in our email program (and any backups made of it) until we delete it.
A copy of your Contact Form may also be stored by our website software, which is only accessible to a person who has password access to our website, usually restricted to ourselves and our web designer. This copy will be deleted either during routine maintenance of our website (maximum period of 12 months, usually less) or when the website itself is deleted. We have taken steps to ensure that our website is safe from hacking.
The website may contain links to third party sites. Since Axalta does not control nor is responsible for the privacy practices of those websites, we encourage you to review the privacy policies of these third party sites. This Notice applies solely to personal data collected by our websites or in the course of our business activities.
We will take steps in accordance with applicable legislation to keep your personal data accurate, complete and up-to-date. You are entitled to have any inadequate, incomplete or incorrect personal data corrected (that is, rectified).
You also have the right to request access to your personal data as well as to obtain additional information about the processing.
In the event your personal data is processed on the basis of your consent, you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
Further, you are entitled to object to the processing of your personal data or to have your personal data erased, under certain circumstances.
As from 25 May 2018, the following rights also apply:
- Data portability – where we are relying (as the legal basis for processing) upon your consent, or the fact that the processing is necessary to perform a contract to which you are party or to take steps at your request prior to entering a contract, and the personal data is processed by automatic means, you have the right to receive all such personal data which you have provided us in a structured, commonly used and machine-readable format, and also to require us to transmit it to another controller where this is technically feasible.
- Right to erasure – you are entitled to have your personal data erased under specific circumstances, such as where you have withdrawn your consent, where you object to processing based on legitimate interests and we have no overriding legitimate grounds (see below) or where personal data is unlawfully processed.
- Right to restriction of processing – you have the right to restrict our processing of your personal data (that is, allow only its storage) where:
- you contest the accuracy of the personal data, until we have taken sufficient steps to correct or verify its accuracy;
- where the processing is unlawful but you do not want us to erase the personal data;
- where we no longer need your personal data for the purposes of the processing, but you require such personal data for the establishment, exercise or defence of legal claims; or
- where you have objected to processing justified on legitimate interest grounds (see below), pending verification as to whether we have compelling legitimate grounds to continue processing.
Where your personal data is subject to restriction we will only process it with your consent or for the establishment, exercise or defence of legal claims.
- You also have the right to lodge a complaint with the supervisory authority of your habitual residence, place of work or place of alleged infringement, if you consider that the processing of your personal data infringes applicable law. A list of data protection supervisory authorities is available here http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080
|· Right to object to processing (including profiling) based on legitimate interest grounds – where we are relying upon legitimate interests to process personal data, you have the right to object to that processing. If you object, we must stop that processing unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or we need to process the personal data for the establishment, exercise or defence of legal claims. Where we rely upon legitimate interest as a basis for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.
· Right to object to direct marketing (including profiling) – you have the right to object to our use of your personal data (including profiling) for direct marketing purposes, such as when we use your personal data to invite you to our promotional events.
Please contact us as indicated in Contact Information at the bottom of the page, if you wish to exercise any of your rights, or if you have any enquiries or complaints regarding the processing of your personal data.
Changes to this Notice
Any changes or updates we may make to this Notice will be posted on this page in advance. If we have your contact details on file we will notify you in advance of any changes to this Notice that are material or may impact you. For other changes, please check back frequently to see any updates or changes to this Notice.
If you have any questions in relation to this Notice or you wish to exercise any of your rights, please contact us. Our general contact details can be found here.
We also have a data protection officer, who can be contacted at: DataProtectionUK@axaltacs.com.