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Sun Chemical Privacy Noticefor Business ContactsIn this privacy notice we explain how we collect and use your personal data. This privacy notice applies to allyourpersonal data that we process when you order, purchase or use our products and services, visit our websites, use our customer support or otherwise interact with Sun Chemical.
Sun Chemical is committed to safeguarding the privacy of the personal information that we gather concerning the contact persons at our current, former, and prospective customers, suppliers, vendors, and partners of Sun Chemical Group Cooperatief U.A. and its group companies (hereafter “You” or “Your”). In this Privacy Notice,we explain which personal data we collect and how we use this data. Therefore, we encourage You to read this Notice carefully.
1.Who We Are
2.What Personal Data We Collect
3.What We Do with Your Personal Data
4.How We Collect Your Data
5.Information Sharing
6.Security Measures and Data Retention
7.International Transfers of Personal Data
8.Your Rights
9.How we look after this policy
10. Contact details for your privacy inquiries
1. Who We Are
We are the Sun Chemical group. Your local Sun Chemical group company, together with Sun Chemical Group Cooperatief U.A., Leeuwenveldseweg 3-t, 1382 LV Weesp, The Netherlands, and Sun Chemical Corporation, 35 Waterview Boulevard, Parsippany, NJ 07054-1285, United States of America, are responsible for the collection and use of Your personal data as described in this Privacy Notice. References to “Sun Chemical”, “we” and “our” throughout this notice, depending on the context, collectively refer to the aforementioned legal entities.
We have determined our respective responsibilities for compliance with the obligations under applicable privacy legislation for processing your personal data in relation to our global processing activities by means of an arrangement between us. In summary, we have arranged that if you want to exercise your rights, such as your right to access, correct, erase, restrict, object or port personal data or to withdraw your consent, or if you have any questions or complaints about the processing of your personal data, you can contact Coates Screen Inks GmbH, Wiederholdplatz 1, D-90451 Nürnberg in accordance with Section 10. Coates Screen Inks GmbH, Sun Chemical Cooperatief U.A. and Sun Chemical Corporation will assist each other where necessary to ensure that you can exercise your rights and your questions and complaints will be handled.
2. What Personal Data We Collect
When You interact with us, we may collect and process the following categories of personal data:
–Your name, the company You are associated with, and Your function;
–Your gender;
–Your contact information, such as Your company address, phone number, and email address;
–Your participation in our trainings, symposia, congresses, seminars;
–Your professional interests;–Our communication with You.
3. What We Do with Your Personal Data Your data may be processed for the following purposes
–Performing and managing the contract we have with the company You are associated with;
–Managing our relationship with You;
–Communicating with You;
–Sending You our newsletters about our products or services or promotions. You may withdraw Your consent to the processing of Your personal data for direct marketing purposes any time by using the “unsubscribe” link provided in each communication or by contacting us at the e-mail address contained in the newsletter.
–Performing statistics. We use automatic tools to perform statistical research into general trends regarding our services and products and the behavior and interests of our customers, suppliers, vendors, and partners and the persons working for these organizations. To perform our research, we may merge and analyze the different types of data as described above. We will only use aggregated data and do not use names, email addresses, or other directly identifying information.
–Complying with all legal obligations including disclosure obligations. Legal Basis
We process Your personal data on the basis of the following legal grounds: on the basis of Your consent, to comply with legal obligations we are subject to, and on the basis of our legitimate interests or the interests of a third party as described in this Policy. When we process Your personal data for our legitimate interests or the interests of a third party, we will take reasonable measures to prevent unwarranted harm to You. Our legitimate interests are, for example, marketing purposes, our interest of improving our products and services delivery by storing contact details, reducing costs, improving our websites. For more information on these interests, please see the purposes for which we process Your personal data above.
If we process Your personal data on the basis of consent, You may withdraw Your consent at any time by following the specific instructions in relation to the processing for which You provided Your consent or by reaching us through the contact details in Section 10.
Where we process your personal data for a purpose other than that for which we collected it initially (andwe rely on a legal basis other than consent or complying with legal obligations for this new purpose), we will ascertain whether processing for this new purpose is compatible with the purpose for which the personal data were initially collected. More information on this assessment is available upon request (please see Section 8. Your rights below).
4. How We Collect Your Data
Most of the personal information we process is information that You knowingly provide to us. However, in some instances, we process personal information that we are able to infer about You based on other information You provide to us, from our interactions with You, or based on personal information about You that we receive from a third party.
5. Information Sharing
Your local Sun Chemical group company will process some of Your personal data locally. However, as a global organization, many of our business activities can also be carried out (and business efficiencies achieved) by processing or consolidating information about You in specific or centralized databases and systems located at specific facilities worldwide. As a result, Your information may be shared with other entities within the Sun Chemical group. However, each Sun Chemical group company, our systems, and our databases will only collect, receive, use, share, or otherwise process such personal data in accordance with applicable laws, this Privacy Notice, our Sun Chemical internal privacy policy, any applicable specific local policy, and to support business purposes. Moreover, we maintain an internalstrict access policy with regard to the processing of personal data. Only a limited group of authorized Sun Chemical staff with a need-to-know purpose (such as IT administrators, sales and marketing personnel, and account managers) will have access to Your personal data. As a general rule, we do not share Your personal data with anyone outside Sun Chemical. However, we may share Your personal data with trusted third parties that perform business functions or provide services to us. All such third parties will be required to adequately safeguard Your personal data and will be subject to agreements that contain data protection requirements consistent with applicable laws. Your personal data may also be shared for investigations (e.g., disclosure to prevent crime or fraud, or to comply with a court order or legislation).
6. Security Measures and Data
RetentionSun Chemical will secure Your personal data properly in accordance with our IT and security policies so that personal data are protected against unauthorized use, unauthorized access, or wrongful modifications, loss, or destruction. Your personal data will be stored no longer than is necessary for the purpose they were obtained or as required under applicable law, whichever is longer, including compliance with legal and fiscal obligations and for solving any disputes.
7. International Transfers of Personal Data
Your personal information may be transferred to countries outside the European Economic Area whose laws may not afford the same level of protection of Your personal information. Where necessary, Sun Chemical will ensure that adequate safeguards are in place to comply with the requirements for the international transfer of personal data under applicable privacy laws. For transfers of personal data outside the European Economic Area, Sun Chemical will use EU Commission-approved Standard Contractual Clauses as safeguards, such as the “(EU-)controller to (Non-EU/EEA-) controller” Decision 2004/915//EC (see Article 46 GDPR). If you wish to receive a copy of these safeguards, please contactus through the contact details in Section 10. The European Commission has determined that certain countries outside the European Union offer an adequate level of data protection (see Article 45 GDPR). You can find an overview of these countries here.
8. Your Rights
You can contact us to exercise any of the rights you are granted under applicable data protection laws, which includes (1) the right to access your data, (2) to rectify them, (3) to erase them, (4) to restrict the processing of your data, (5) the right to receiving a file of your personal data and (6) or the right to object to the processing, and where we have asked for your consent, to withdraw this consent. These rights willbe limited in some situations. We will, for example, deny your request for access when necessary to protect the rights and freedoms of other individuals or refuse to delete your personal data in case the processing of such data is necessary for compliance with legal obligations. The right to data portability, for example, does not apply in case the personal data was not provided by you or if we process the data not on the basis of your consent or for the performance of a contract. 5/6When you would like to exercise your rights, please send your request to the contact details in Section 10. Please note that we may need you to provide additional information to confirm your identity. You also have the right to lodge a complaint with the local Supervisory Authority. You can find the contact information of your local Supervisory Authority below:Bayerischer Landesbeauftragte für den Datenschutz, Herr Prof. Dr. Thomas Petri, Wagmüllerstraße 18, 80538 München, (This email address is being protected from spambots. You need JavaScript enabled to view it. / www.datenschutz-bayern.de). You can also contact us if you have any questions, remarks or complaints in relation to this privacy notice.
8.1.Right to access
You may ask us whether or not we process any of your personal data and, if so, receive access to that data in the form of a copy. When complying with an access request, we will also provide you with additional information, such as the purposes of the processing, the categories of personal data concerned as well as any other information necessary for you to exercise the essence of this right.
8.2.Right to rectification
You have the right to have your data rectified in case of inaccuracy or incompleteness. Upon request, we will correct inaccurate personal data about you and, taking into account the purposes of the processing, complete incomplete personal data, which may include the provision of a supplementary statement.
8.3.Right to erasure
You also have the right to have your personal data erased, which means the deletion of your data by us and, where possible, any other controller to whom your data has previously been made public by us. Erasure of your personal data only finds place in certain cases, prescribed by law and listed under Article 17 GDPR. This includes situations where your personal data are no longer necessary in relation to the initial purposes for which they were processed as well as situations where they were processed unlawfully. Due to the way we maintain certain services, it may take some time before backup copies are erased.
8.4.Right to restriction of processing
You have the right to obtain the restriction of the processing of your personal data, which means that we suspend the processing of your data for a certain period of time. Circumstances which may give rise to this right include situations where the accuracy of your personal data was contested but some time is needed for us to verify their (in)accuracy. This right does not prevent us from continuing to store your personal data. We will inform you before the restriction is lifted.
8.5.Right to receive your file (data portability)
Your right to data portability entails that you may request us to provide you with your personal data in a structured, commonly used and machine-readable format and to have such data transmitted directly to another controller, where technically feasible. Upon request and where this is technically feasible we will transmit your personal data directly to the other controller.
8.6.Right to object
You also have the right to object to the processing of your personal data, which means you may request us to no longer process your personal data. This only applies in case the ‘legitimate interests’ ground (including profiling) constitutes the legal basis for processing (see par. ‘Legal basis’ above).At any time and free of charge you can object to direct marketing purposes in case your personal data are processed for such purposes, which includes profiling purposes to the extent that it is related to such direct marketing. In case you exercise this right, we will no longer process your personal data for such purposes.
9. How we look after this policy
We have most recently updated this notice on 6 November 2018 and it replaces earlier versions. We will update this privacy notice from time to time and notify you of any changes by posting the revised noticeon our website and informing you, prior to these changes taking effect.
10.Contact details for your privacy inquiries
Coates Screen Inks GmbHAttn of data protection officerWiederholdplatz 190451 NürnbergGermanyE-Mail Address: This email address is being protected from spambots. You need JavaScript enabled to view it.
Address:
Wiederholdplatz 1
90451 Nuremberg
Germany
E-Mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Phone: +49 911 6422-0
Fax: +49 911 6422-200
General Terms and Conditions for Business Dealings with Business Enterprises, Legal Persons under Public Law or a Separate Estate under Public Law (as of: January 2017)
1. General
Orders and/or purchase orders placed by business enterprises, legal persons under public law or a separate estate under public law will be confirmed and executed by us solely in accordance with our General Terms and Conditions. Our General Terms and Conditions also apply to all of the following deliveries and services (“Delivery/-ies”) without explicit agreement being necessary. Terms and conditions which differ from these General Terms and Conditions or statutory provisions, shall apply only to the extent that they are explicitly confirmed by us in writing.
2. Terms of Delivery
2.1 Our Deliveries are made “ex works” (EXW, Incoterms 2010), unless agreed otherwise.
2.2 Performance of the stipulated time for delivery is subject to our timely receipt of all documents and information to be provided by the customer, as well as fulfillment of the agreed terms of payment and other obligations by the customer. To the extent said conditions are not fulfilled on time, the time for delivery shall be extended accordingly, unless we are responsible for the delay.
2.3 The Deliveries shall be subject to our complete and timely reception of the deliveries by our sub suppliers.
2.4 In case of delay with delivery culpably caused by us, our liability for Damages thereby caused shall be limited to an amount of 0.5 % of the price of the delayed part of the Delivery (excluding VAT) for each full week of delay up to a maximum of 5.0 % of the price of the Delivery (excluding VAT). This limitation of liability shall not apply in case of willful misconduct or gross negligence.
2.5 We are entitled to partial deliveries, over-deliveries and short-deliveries as long as these are reasonable taking into account divergences common in customs. The same shall apply to early deliveries.
2.6 Our Deliveries are subject to the condition that the required export licenses are issued and that our obligation to fulfill the contract is not prevented by any impediments arising out of national or international foreign trade and customs requirements or any embargos or other sanctions. If required by applicable law, the customer shall, upon request, provide us with a duly completed and signed end-use certificate.
3. Prices
3.1 If not stated otherwise in the order confirmation, prices shall be “ex works“, net, and shall exclude packing, freight, insurance, disposal and any additional expenses.
3.2 In the event of an increase in the normal market costs of the good by more than 10 % after conclusion of the contract, we reserve the right to unilaterally adapt the purchase price in accordance with Section 315 of the German Civil Code (BGB), in line with equity and the new cost situation. We are not entitled to adjust the purchase price, in case the agreed date of delivery will be within four month of conclusion of the contract. If we increase the purchase price due to an increase in cost, the customer will be entitled to withdraw from the contract; however, each party shall pay its own costs resulting from the termination.
3.3 In case of over-deliveries and short-deliveries, prices shall be adjusted accordingly.
4. Terms of Payment, Set-off, Retention
4.1 Unless otherwise stated in the order confirmation, the customer may, at his discretion, effect payment either without deductions no later than 30 days subsequent to the invoice date, or within 7 days, for which a cash discount of 2 % is granted. Discounts are not permitted as long as invoiced amounts due for payment are not settled by the customer. Alternatively we are allowed to agree on advance payment conditions for our deliveries.
4.2 The customer may set off only those claims which are undisputed between the parties, have been finally adjudicated or which are in a reciprocal relationship to our claim, against which the set off may be effected. The same shall apply mutatis mutandis to any right of retention of the customer.
4.3 The assignment of claims against us shall be excluded.
5. Defects
5.1 Unless otherwise agreed, Deliveries shall only be deemed to be non-conforming if already at the time of the transfer of risk they are clearly different to our product descriptions, specifications or the labelling of the delivery. Information with respect to percentages and mixing ratios are to be considered as approximate mean values only. We expressly reserve the right with respect to unavoidable variations within customary tolerances that may occur in spite of all care exercised when manufacturing the goods and when fixing the corresponding values.
5.2 All advices regarding the application and utilization of our Deliveries take place according to our best knowledge, but only constitute a non-binding guideline and do not release the customer from his obligation to perform proper examinations of the Delivery regarding their suitability for the planned purposes and applications.
5.3 The customer shall immediately inspect the Deliveries and shall notify us in writing without undue delay of any defects.
5.4 Remedying of defects shall be done, at our discretion, by repair or replacement.
5.5 Any claims of the customer arising in relation to the rectification of non-conforming Deliveries, in particular expenses for transport, shall be excluded, if they accrue because the delivered goods have been moved after delivery to another location than the customer’s place of business, unless this represents the contractual use.
5.6 Section 6 shall apply regarding claims for damages and expenses due to defects.
6. Limitation of Liability
6.1 Regarding claims for damages due to a delay in delivery, the limitation of liability set forth in Section 2.4 shall apply exclusively. Further claims for damages or expenses (“Damages”) of the customer against us, irrespective of the legal basis, shall be excluded.
6.2 The exclusion of liability according to the aforementioned Section 6.1, 2nd sentence shall not apply, (i) in case of mandatory liability pursuant to the Product Liability Act (“Produkthaftungsgesetz”), (ii) in case of willful misconduct or gross negligence (“grobe Fahrlässigkeit”), (iii) in case of culpable injury of life, body or health, (iv) in case of a culpable infringement of material contractual duties, i.e. such duties whose fulfillment is essential for enabling the due performance of the contract and on whose observation the customer normally and properly relies. However, in case of slight negligence the customer’s Damages shall be limited to the foreseeable damage, which will typically occur in such cases unless liability is due to intent, gross negligence, injury to life, body or health or pursuant to the Product Liability Act (“Produkthaftungsgesetz”).
6.3 To the extent our liability is limited pursuant to this Section 6, this shall equally apply for the respective personal liability of our employees, persons used to perform our obligations and legal representatives of us.
6.4 The foregoing provisions shall not imply any shift in the burden of proof to the detriment of the customer.
7. Limitation Period
7.1 The limitation period for claims and rights arising from defects in quality or title shall be 1 year from the statutory beginning of the limitation period. Notwithstanding this provision, the statutory limitation period shall apply (i) with respect to all claims and rights of the customer in case of Section 438 Subsection 1 No. 1 German Civil Code (right of a third party), Section 479 Subsection 1 German Civil Code (rights of recovery) or in case we fraudulently conceal a defect; (ii) and in case of Damages where we are at fault for injury to life, body or health, where claims are brought under the Product Liability Act, and in cases of breaches of duty by gross negligence or intent.
7.2 Repair and replacement delivery are generally performed by us as a courtesy and without acknowledging any legal duty to do so. An acknowledgement followed by a recommencement of the limitation period requires our express declaration.
8. Retention of Title
8.1 The title in the delivered goods shall not pass to the customer until we have received in full in cleared funds all sums due from the customer in relation to this contract and the general business relationship between us and the customer („Reserved Goods“).
8.2 The customer is entitled and authorized to process or resell the Reserved Goods only in the due and proper course of business.
8.3 Claims against third parties arising from the resale of the Reserved Goods shall be assigned onto us to the amount of the invoice value of the Reserved Goods, irrespective of whether the resale takes place without or following processing, or to one or several third parties. In case the Reserved Goods are being processed, connected or blended, such action shall take place for our benefit. As a consequence, we acquire the co-ownership in the new goods to the extent of the pro rata value of the invoice amount of the Reserved Goods in relation to the invoice amount of the new goods.
8.4 If our title in the Reserved Goods expires due to processing, the customer transfers to us already now the ownership rights to the new goods or items to the amount of the invoice value of the Reserved Goods and keeps them in custody for us free of charge. The subsequently arising co-ownership rights shall be considered as Reserved Goods.
8.5 We reserve the right to cancel the authorization to resell the Reserved Goods and to receive payment for good cause, in particular in case the customer is in delay with payment or disposed of the Reserved Goods outside the due and proper course of business; the same applies in the event of payment stoppages or a significant deterioration of the customer’s creditworthiness. In case of an insolvency application concerning customer’s assets, the authorization to resell the Reserved Goods expires automatically.
8.6 In case the value of the securities acquired by us pursuant to this Clause 8 exceeds the value of our secured claims by more than 10 %, we will, at our discretion and at the customer’s request, release securities in an appropriate amount.
9. Place of Performance, Applicable Law, Jurisdiction
9.1 The place of performance (including remedying of defects) shall be the respective place of delivery.
9.2 The contract shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods dated 11 April 1980 (CISG).
9.3 The exclusive place of jurisdiction for any disputes arising out of or related to the contract shall be Frankfurt/Main. However, we are entitled to raise an action against the customer also at any other competent court.
Adress:
Wiederholdplatz 1
90451 Nürnberg
Germany
E-Mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Phone: +49 (0)911 6422-0
Fax: +49 (0)911 6422-200