Data Protection Policy

Industry Platform by XOM Metals GmbH (Dated: January 2018)

1. Subject-matter of this policy

We appreciate your interest in our Industry Platform. The protection of your personal data ("data") is a special and important concern for us. In the following, we would like to inform you about the data collected during your visit to our Industry Platform and the use of the services offered there, and how these are processed and used by us. We would also like to inform you about the technical and organizational measures we have taken to protect your data.

2. Service Provider and Data Controller

Controller in the sense of the German Data Protection Act („Bundesdatenschutzgesetz“, „BDSG“) and, likewise, service provider in the sense of the German Telemedia Act (“Telemediengesetz”, TMG”) is XOM Metals GmbH, c/o WeWork Potsdamer Platz, Stresemannstraße 123, 10963 Berlin.

3. Personal Data

Personal data is individual information about your personal or factual circumstances such as your name, your date of birth or your e-mail address. When using our Industry Platform, we process the following data (“contact information”):

  • Name and address of your company, divergent shipping address, if any
  • First name
  • Last name
  • Division
  • Role
  • Phone number
  • business email address
  • Value Added Tax Identification Number
  • Customer number

4. Collection and usage of your data

Whether and to what extent we collect and use data may differ according to how you use our Industry Platform. For example, you can visit our website for mere information purposes. You can also make use of the services offered there, in particular purchasing products from dealers on the Industry Platform.

4.1 Use for information purposes

If you visit our Industry Platform for mere information purposes, it is generally not necessary for you to provide us your data. In this case, we only collect and use the data that your internet browser automatically sends us, such as

  • Date and time of acessing of one of our websites,
  • Type and setup of your internet browser,
  • operating system used,
  • the website you came from,
  • your IP address.

These data are collected and used when visiting our website for information purposes only in non-personalized form and solely for the purpose of enabling your use of the websites you have accessed, to improve our website and for statistical purposes. We only store the IP address for the duration of your visit. A personalized evaluation of your data does not take place.

4.2 Registration

We act as a neutral platform operator and provide you with access to the Industry Platform free of charge. You can register on our industrial platform for making use of the services provided by various dealers. When registering, we inquire your contact details and create a corresponding user profile. At the end of the registration process, a contract between you and us for the use of the Industry Platform is concluded based on our terms and conditions. We process your contact details solely for the fulfilment of the contract and for the purpose of the proper provision of the Industry Platform as well as for the execution of the services available (see also the following section 4.3).

4.3 Order processes

You can place orders with dealers via our Industry Platform. In this case, you may conclude a contract with the dealer for the purchase of products or services. We provide your information to the respective dealer via the Industry Platform for ensuring the execution of orders between you and the respective dealer, in particular for the delivery of goods and the provision of services and the processing of payments.

In such a case, we process further transaction-related data. These are data on purchases or sales you make when placing an order, or other transaction-related data, such as the time and price of the transaction, and financial information for settlement as well as shipping and billing information for the purpose of fulfilling the contract (“order data”).

4.4 Evaluation of order data

Furthermore, we process the information underlying an order on the amount and type of purchased products in aggregated form. For example, we store product and pricing information from a successful order process and aggregate that data to evaluate the use of our Industrial Platform. Your data is not affected by this. Rather, merely anonymous data is concerned which cannot be assigned to your person or user profile and which only allows a statistical evaluation of the use of the Industry Platform.

4.5 Provision of data

The provision of your data to us is completely voluntary. If you provide us with your data, we can create a respective user profile and provide you with the services of our Industry Platform. You can delete your user profile at any time and thus exclude further use of your data.

5. Duration of processing

Generally, we process your data only as long as necessary for the fulfilment of your existing contract with us. For example, if you deleted your profile, we will also regularly delete your data. This is solely then not the case if we are obliged to retain it due to statutory retention requirements, in particular for tax and financial reasons. In this case, we will delete your data at the end of the corresponding retention periods, respectively.

6. Cookies

Our website uses cookies. Cookies are small text files that are sent by our web server to your internet browser during your visit to our website and are stored on your computer for retrieval.

The purpose of these cookies is:

  • to enable the use of the websites of the Industry Portal which you accessed;
  • identify your device with which you visit our website when you browse from one of our websites to another and determine the end of your visit;
  • to determine how users use our websites to make them more user-friendly;
  • to enable us to present you suitable products and services.

We do not collect or store your data in cookies. We also do not use techniques that combine information generated by cookies with user data.

7. Cookies by third parties

7.1 Google Analytics

Our Industry Platform also uses Google Analytics, a web analytics service provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, United States of America (“Google”). We use this web analytics service to collect and store data that are used to create usage profiles using pseudonyms. The usage profiles created in this way are used to evaluate visitor behaviour in order to be able to design and improve the services offered on our Industry Platform as required. Google Analytics uses “cookies”, i.e. small text files that are stored on your computer and allow an analysis of the use of our websites.

The information generated by a cookie about your use of our Industry Platform is regularly transmitted to and stored by Google on servers in the United States of America. In the case of the activation of the function using IP anonymization on our Industry Platform - we have implemented the code “_anonymizedIP ();” on our website - your IP address will hitherto be shortened by Google within the member states of the European Union or other states subject to the agreement of the European Economic Area. Only in exceptional cases will the full IP address be transmitted to and shortened by a Google server in the United States of America. On our behalf, Google will use this information to evaluate your use of our Industry Platform to compile reports on Industry Platform activities and to provide other services related to the use of our Industry Platform and internet usage to us as operator of the Industry Platform.

The IP address provided through your internet browser will not be merged with other data by Google. Usage profiles managed under a pseudonym will not be associated with personal data without your expressly stated consent. Nevertheless, you can prevent the storage of cookies by a corresponding setting of your browser. Please note, however, that in this case you may not be able to fully use all the functions of our Industry Platform.

In addition, you can prevent the collection of the data generated in the cookie and related to your use of our website by Google by downloading and installing the browser plug-in available at http://tools.google.com/dlpage/gaoptout?hl=en.

Google privacy notices are available at http://www.google.com/intl/en/policies/privacy/ and at http://www.google.com/intl/en/analytics/privacyoverview.html.

7.2 Google Tag Manager

Our website uses Google Tag Manager. This service allows website tags to be managed through a single interface. Google Tag Manager only implements tags. No cookies are used and no personal data is collected by the tool. The Google Tag Manager only triggers tags, which in turn may capture data (for example, via Google Analytics). However, Google Tag Manager does not access this data. If deactivated at the domain or cookie level, it will remain in effect for all tracking tags as far as they are implemented with the Google Tag Manager.

8. Data security

We use technical and organizational security measures to protect data that is collected and processed, in particular against accidental or intentional manipulation, loss, destruction or access by unauthorized persons. Our security measures are continuously improved in line with technological developments.

9. Transfer to third parties and third countries

Your data will not be sold by us (in particular, no address trade takes place). Disclosure of the data to third parties will only take place if this is necessary for the fulfilment of the contract, in particular for the fulfilment of transactions on the Industry platform with a dealer or if we commission companies (for example technical service providers, payment service providers, logistics service providers) to perform services in order to ensure the safety and availability of our information technology equipment, or if we are required to do so by court or an administrative decision.

A transfer of your data to a third country outside the European Union or the European Economic Area or to an international organization does not take place. If such a transfer takes place on an exceptional basis, we will do so only in accordance with the respective legal requirements, in particular with regard to the presence or absence of an adequacy decision by the EU Commission or by using appropriate and adequate guarantees. The latter are available from our data protection officer.

10. Data subject rights

You have the right to request information about the data used when visiting our website as well as the right to correction or deletion. You may also claim a right of restriction of processing or of data portability. Finally, you have the right to complain to a data protection authority that the processing of your data may violate data protection laws.

11. Contact data of data protection officer

For further questions or comments regarding data protection or exercising your data protection rights, you may contact the data protection officer Thorsten Feldmann, JBB Data Consult GmbH, Christinenstraße 18/19, 10119 Berlin, feldmann@jbb.de.