last updated 25.07.2018
SCOPE OF THE POLICY
KUK-Handels GmbH and its affiliates (“KUK” or “we”) is an international distributor of food & pharma ingredients providing technical consulting, distribution and sales services to food & pharma manufacturers as well as distribution & outsourcing services to ingredients producers (“services”).
We value your trust and respect your privacy, which is why we want you to be familiar with how we collect, use and disclose information. This privacy policy outlines our general policy and practices for protecting personal information that we collect through our website at www.kuk.com and other websites (“sites”) that we operate. It furthermore describes the types of information we gather through our sites and in connection with our services, how we use that information, and the choices individuals may exercise regarding our use of, and their ability to correct, that information.
TYPE OF PERSONAL DATA WE PROCESS
Personal data is any information that relates to an identified or identifiable living individual.
Personal data which we process includes:
- name / identifying data (first / last name, academic title / occupation, birth date, gender, ….)
- contact data (email address, postal address, telephone numbers, …)
- marketing and communications data including your preferences in receiving marketing from us and correspondence necessary to provide requested services to you (including pre-contractual legal relationships)
- transaction data including details about payments to and from you / the organisation you are representing and other details of products and services you / the organisation you are representing has purchased from or supplied to KUK
- financial information including creditworthiness data about the organisation you are representing
- technical and usage data including data about your use of our sites (e. g. date, time and location of access to our sites, clicked pages/links of us or entries and comparable data)
We collect personal data when you participate in services we provide, for example when:
- you send us a request for a product or service
- you order a product or service
- we conduct market research, meet you at a trade show or when you register for one of our events
- you participate in a survey or other promotion
- you follow us on our social media channels or share your social media profile with us
Additionally, we may process personal data that we have lawfully collected, received or acquired from publicly accessible sources (such as, for example, commercial registers and association registers, civil registers, the press, Internet and other media) if such is necessary and we are allowed to process this data in accordance with statutory provisions.
We process the data because it is necessary for: the contractual relationship with you, or the organisation which you represent (or in order to take steps, prior to entering into that contract); and the activities performed by you/your organisation.
We need to collect personal data in order to provide requested services and products to you. If you do not want to provide us with your personal data, you are free not do to so. However, this may prevent you from using our sites and services, or it may prevent us from carrying out a contractual relationship with you or the organisation you represent. If you disclose any personal data relating to other people to us or to our service providers in connection with the services, you represent that you have the authority to do so and to permit us to use the information in accordance with this privacy policy.
We ask that you not send and disclose to KUK any sensitive personal information (for example, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) as we do not process and collect such data.
We do not intend to collect information from persons under the age of 18. If you are under the age of 18, please do not submit any information to us.
FOR WHICH PURPOSE DO WE USE PERSONAL DATA
We and our service providers use personal data for our business purposes, which includes:
- fulfill your and our purchases and respond to your requests and inquiries (based on our contractual relationship or to comply with legal obligations, including pre-contractual relationships)
- process your payments, have your order delivered to you, communicate with you regarding your purchase / sales and provide you with related customer service.
- send you important information regarding changes to KUK terms, conditions and policies and/or other administrative information.
- tailoring our offers to your needs and allow you to sign up for KUK-Academies, customer seminars or other events (based on our contractual relationship or with your consent)
- send marketing communications that we believe may be of interest to you, including information about trade shows and KUK events
- allow you to register and participate at KUK-Academies, customer seminar or other KUK events
- pursue business purposes (based on our contractual relationship with you, to comply with a legal obligation or because we have a legitimate interest)
- improving our services to you
- developing marketing tools and events
- administer and update our sites and online services (e.g. security measures)
- ensuring security of our IT-systems and facilities
- ensure corporate management (e.g. reporting, risk management, cost accounting)
- follow legal regulations & processes
- to comply with applicable law & legal processes, including laws outside your country of residence
- to respond to requests from public and government authorities including those outside your country of residence
- to protect KUK rights, privacy, safety or property, you or others
- to allow KUK to pursue available remedies or limit the damages that we may sustain.
We do not use profiling or make any decisions based solely on the automated processing of your personal information.
HOW LONG WE KEEP YOUR PERSONAL DATA
We will retain your personal data for as long as required for the purpose described in this privacy policy unless a longer retention period is required or allowed by law.
To determine the retention periods, we use various criteria, including:
- length of time we provide requested services to you (including pre-contractual legal relationships and execution of contracts)
- purpose for which we process your personal data
- amount, nature and sensitivity of the personal data
- potential risk of harm from unauthorized used or disclosure of your personal data
- retention and documentation obligations of applicable local laws
HOW DO WE SECURE YOUR PERSONAL DATA
The security of your personal data is important to us. Therefore, we use reasonable technical (e.g. network firewalls, harddrive encryption, authentication mechanisms) and organizational measures (e.g. confidentiality agreements, training, procedures that limit access to and use of data) to protect the information we process. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you suspect or have reason to believe that your interaction with KUK is no longer secure, immediately notify us under data.protection@kuk.com .
DISCLOSURE AND DATA TRANSFER
Within KUK, your personal data is disclosed and processed by those KUK-companies that need this personal data for the purposes described in this privacy policy, in order to fulfil our contractual and statutory obligations or that require such data to process and implement our legitimate interest.
We may disclose information we collect to the following third parties in the following ways:
- to our service providers and suppliers, who collect or use or process such information for us or on our behalf (such as our ingredient suppliers, database hosting companies, support and maintenance of IT applications, courier services, fulfillment/warehouse/logistics companies, advertising agencies and other similar entities that help us to operate the sites and/or provide functionality, content and services and/or products);
- to respond to court orders or other judicial processes, or to provide information as requested by law enforcement agencies, a regulator, other government authorities, or otherwise as required by law or where the forwarding of data is in the public interest;
- to protect KUK rights, privacy, safety or property, you or others;
- to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of KUK business, assets or stock including in connection with any bankruptcy or similar proceedings;
- as otherwise, with your permission or as permitted by law.
Because of the international nature of the services, personal data may, subject to applicable law, be transferred internationally throughout KUK for the purposes described above. This may mean that personal information may be transferred to countries which do not have laws or regulations that protect personal information to the same extent as in the European Union. We use reasonable measures to limit the disclosure of the data you provide to us only to certain employees within KUK and our affiliates and to third party providers. We will require that external data processors process the data only for the purposes identified in this privacy policy.
If we process your data in the European Economic Area (“EEA”) or Switzerland, we comply with applicable laws, especially the General Data Protection Regulation (GDPR). If it is necessary to transfer data to a recipient in a third country for which no adequacy decision by the Commission according to art 45 GDPR exists, we use one or more of the following mechanisms to provide an adequate level of data protection:
- EU-Standard-Contractual-Clauses with the data recipient outside the EEA according to art 46 par 2 lit c), d) GDPR, or
- binding corporate rules according to art 47, art 46 par 2 lit b) GDPR existing within KUK, or
- codes of conduct existing within KUK together with binding and enforceable commitments in the third country to apply the appropriate safeguards, including as regards data subjects' rights (art 46 par 2 lit e), art 40), or
- KUK passed through an approved certification mechanism according to art 46 par 2 lit f), art 42 GDPR together with binding and enforceable commitments in the third country to apply the appropriate safeguards, including as regards data subjects' rights, or
- by the data protection authority authorized contractual clauses between the KUK and the data recipient in the third country (art 46 par 3 lit a) GPDR), or
- derogation for specific situations according to art 49 par 1 GDPR, or
- derogation for particular case according to art 49 par 1 subpar 2 GDPR.
COOKIES
Our sites are using a web analytics application called "Matomo". "Matomo" uses cookies to identify the usage of our sites, helping us to further improve your user experience.
A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Such data includes browser type, internet service provider, referring/exit pages, operating system, country from which the website is accessed as well as date and time stamps. During this data transfer, your IP-address is anonymized, making it impossible for us to identify you, your computer or your mobile device. If you do not consent to the use of cookies, please be sure to block or disable them using your browser settings, with the drawback that certain features of our websites may not function properly without the aid of cookies.
SOCIAL MEDIA PLATFORMS
By following, commenting on or sharing information via our social media channels (e.g. LinkedIn), we may receive information from your social network provider (depending on your social media settings) such as contact details, interests and contacts. For more information on the personal data that we receive from your social network provider and how to change your settings, please check the website and privacy policy of your social network provider (e.g. for LinkedIn see https://www.linkedin.com/legal/privacy-policy ).
HYPERTEXT LINKS
This privacy policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site to which our sites may contain a link. The inclusion of a link on our sites does not imply endorsement of the linked site by KUK. We are not responsible for the information collection, use, disclosure or security policies or practices of any social media platform provider or operating system provider, including with respect to any personal data you disclose to other organizations through or in connection with such sites / services. If we become aware of a specific infringement of the law concerning the linked external website, we will immediately remove the link in question. Any liability concerning this matter can only be assumed from the point in time at which the infringement becomes known to us.
YOUR DATA PRIVACY RIGHTS
You have the right
- to obtain confirmation as to whether or not personal data concerning your person is being processed, further information about the nature of the data processing and copies of the data (art 15 GDPR),
- to obtain rectification of incorrect or incomplete data (art 16 GDPR),
- to obtain erasure of data concerning your person (art 17 GDPR),
- to obtain restriction of processing (art 18 GDPR),
- to receive the personal data concerning your person in a structured, commonly used and machine-readable format and to transmit those data to another controller (art 20 GDPR) and
- to object.
If you would like to request a copy of your personal data or exercise any of your other rights, please contact us using the contact details listed at the end of this privacy policy. Please note, that for your protection, we need to verify your identity before responding to your request.
Where we have obtained your consent for the processing of your personal data, you have the right to withdraw your consent at any time. The withdrawal of your consent does not affect the lawfulness of processing based on your consent before its withdrawal. In case we are processing your data based on a legitimate interest, you have the right to lodge an objection against the processing anytime. Please note that we will lawfully obtain the processing of your data until it has been determined whether the legitimate reasons outweigh your grounds.
Within the European Economic Area (EEA), you have the right to lodge a complaint with a data protection authority for your country or region, or where an alleged infringement of applicable data protection law occurs.
A list of data protection authorities is available on the European Commission website.
CHANGES TO THE POLICY
KUK reserves the right to amend or modify this privacy policy from time to time. View the “LAST UPDATED” legend at the top of this page to see when this privacy policy was last revised. Any changes to this privacy policy will become effective when we post the revised privacy policy. Your use of the sites following these changes means that you accept the revised privacy policy.
CONTACTING US
Your personal data collected by KUK is either controlled by KUK-Handels GmbH or one of its affiliates. If you have any questions about this privacy statement you can either contact your responsible KUK-Office or you can contact our Headquarter under:
KUK-Handels GmbH
Auleiten 4
4910 Ried im Innkreis
phone: +43 7752 85805
e-mail: data.protection@kuk.com
In case you contact our Headquarter, we might forward your request to the respective, responsible KUK-Office.
