Privacy Policy (information on data protection regarding our data processing in accordance with Articles 13, 14 and 21 of the General Data Protection Regulation)

 

In the following we inform you in accordance with Art. 13, 14 and 21 of the General Data Protection Regulation (GDPR) about how we handle your personal data when you are placing an order via our Webshop at https://www.rodcraft.com/de and www.rodcraft.de (hereinafter: "WEBSHOP”)

Personal data is individual information about personal or factual circumstances of a specific or determinable natural person. According to Art.4 para. 1 GDPR this includes information such as name, address, telephone number and date of birth.

 

1.          Controller

Power Tools Distribution nv (PTD)

Industrielaan 40
3730 Hoeselt, Belgien

General Manager: Mr. Kurt Andries

E-Mail: ptd@atlascopco.com
Website: www.atlascopco.com

Register: 0443.676.020, Com. Reg. Tongeren 69999

VAT-ID: BE 0443.676.020

 

2. Contact person

Mr. Yves Gilbert

Group Privacy Officer

E-mail: privacy.officer@rodcraft.com

 

3. Purposes and Legal Bases of the Data Processing when using the closed area of the WEBSHOP (customer-login)

3.1        Purpose of the WEBSHOP

You can register and login with our WEBSHOP with the purpose to place an order providing personal information.

3.1.1   Active Use of the WEBSHOP

You can actively use the WEBSHOP  to order one of our products, or to contact us because of the order process. We will process your personal data that we require from you to process your order.

 

3.1.2   User Requests, complaints, order processing, etc.

In order to process and answer your inquiries to us, e.g. via the contact form, your e-mail address or your User Account, as well as your complaints, we process your personal data provided by you in this context. In any case, this includes your name and e-mail address in order to send you an answer and, for example to carry out repairs, a product exchange or a return shipment, etc. (order processing), the other information that you send us in the context of your message or which are stored in your User Account (cf. section 3.2.2) via which your request is made or which we link to your request on the basis of the information you provide (e. g. order number).

We process your personal data in order to respond to user inquiries on the following legal basis:

• to protect our legitimate interests in accordance with Art. 6 para. 1 lit. f GDPR; our legitimate interest is to answer customer inquiries appropriately;
• If the request aims at the conclusion of a contract, an additional legal basis is Art. 6 para. 1 lit. b GDPR.

 

3.1.3   Registration and User Account

You can register to our WEBSHOP to place an order or to manage your orders, billing and delivery address. To do this, you must enter personal data in an entry mask and send it to us.

The registration and login serve the purpose of providing an online shop function with an order form.

You must enter your e-mail address and a password of your choice. In addition, you have to enter the following data:

• Country
• E-mail address
• First and last name
• Company name
• VAT number
• Address
• Phone number
• Comments

At the time of login the following data is also stored:

• IP address of the user
• Date and time of login

In the cause of the order process you also have the possibility to store your preferred payment methods in our account details – a) BIC, IBAN for bank transfer and b) credit card details.

We process your data for the above purposes on the following legal basis:

• for the performance of a contract or for the implementation of pre-contractual measures in accordance with Art. 6 para. 1 lit. b GDPR;

 

 

3.1.4   Online Shop and Order Process

In the WEBSHOP we enable you to place an order for the offered products. We ourselves do not offer any products directly but we will become the contractual selling partner in this regard. You can put articles from the range of products into the shopping cart. All articles and their number are stored in the shopping cart. In order to simplify your purchase order, we also save orders that have not yet been completed so that you can finalize them on your next login.

The ordering process serves the purpose of concluding a contract of the products you order. The data processing in the order form thus serves for the conclusion, implementation or termination of your contract.

In addition, the data is also processed to communicate with you in the event of inquiries, complaints etc. (see section 3.2.1).

The following data is collected during the ordering process:

• Salutation
• First and last name
• E-mail address
• Phone number
• Street/street number
• ZIP code
• City
• Country
• Product(s)
• Number of products
• Credit Card details or bank details (pending the payment method chosen)

The following data may be entered voluntarily:

• Mobile phone number
• separate delivery address, if applicable

We process your data for the above purposes on the following legal basis:

• for the performance of a contract or for the implementation of pre-contractual measures in accordance with Art. 6 para. 1 lit. b GDPR;
• to safeguard our legitimate interests in accordance with Art. 6 Para. 1 lit. f GDPR; our legitimate interest consists in the proper response and processing of User requests, complaints, order processing, etc.

 

 

3.1.5   Saferpay

If you choose the payment method bank transfer, the payment will be processed by the payment service provider SIX Payment Services (Europe) S.A., 10, rue Gabriel Lippmann, L-5365 Munsbach (Six Payment Services). We transfer to Six Payment Services the information provided during the order process (name, address, IBAN, BIC, invoice amount, currency and transaction number). This information is used exclusively for the purpose of processing payments with the online payment service Six Payment Services and is only transferred to the extent necessary for this purpose

For further information about Six Payment Services's privacy policy please visit https://www.six-payment-services.com/de/services/legal/privacy-statement.html.

The legal basis for the data processing is Art. 6 para. 1 lit. b GDPR, since the processing of the data is necessary for the payment with Six Payment Services and thus for the execution of the contract.

 

Right to object within the scope of a contract

If we receive your e-mail address in connection with the conclusion of the contract and the provision of our products and you have not objected to this, we reserve the right to send you required information relevant to your order by e-mail. You can object to this use of your e-mail address at any time by sending a message to the contact option described below or via a link provided for this purpose in the newsletter e-mail, without incurring any costs other than the transmission costs according to the basic rates.

 

 

3.2        Legal Compliance

We also process your personal data in order to fulfil other legal obligations that we are subject to in connection with the processing of your order or order related business communication. These include in particular retention periods under commercial, industrial or tax law.

We process your data for the above purposes on the following legal basis:

• to fulfil a legal obligation to which we are subject in accordance with Art. 6 para. 1 lit. c GDPR in connection with commercial, industrial or tax law, insofar as we are obliged to record and store your data.

 

3.3        Law Enforcement

We also process your personal data in order to assert our rights and enforce our legal claims. We also process your personal data in order to be able to defend ourselves against legal claims. Finally, we process your personal data as far as this is necessary to prevent or prosecute criminal offences.

We process your data for the above purposes on the following legal basis:

• to protect our legitimate interests in accordance with Art. 6 para. 1 lit. f GDPR, insofar as we assert legal claims or defend ourselves in legal disputes or prevent or clarify criminal offences.

 

3.4        Company sale/merger, etc.

We may process your personal data in order to carry out a (partial) company sale or merger (or similar transactions such as a takeover as part of liquidation, insolvency, etc.) with another company. In the event that another company acquires or intends to acquire the assets/capital, which may include your personal data, from PTD, or PTD  is merging with another company, we may need to provide that company with access to your personal data or transfer your personal data held by us to that company for the purpose of reviewing and executing the sale or merger (e.g. to determine company value, business risks, etc.).

We process your personal data on the following legal basis:

• for our legitimate interests in accordance with Art. 6 para. 1 lit. f. GDPR, in order to be able to plan and carry out a planned sale or merger of a company.

 

3.5        Purposes and Legal Bases of the Data Processing

 

3.5.1   Analysis and Tracking

For the purpose of analyzing and tracking our WEBSHOP, the provider uses cookies that enable an evaluation of your surfing behavior. In this way, the quality of the platform and WEBSHOP and its contents can be improved. We learn how the platform and the WEBSHOP are used and can thus constantly optimize our offer.

However, we have no influence on the collected data and data processing procedures, nor are we aware of the full extent of the data collection, the exact purposes of the processing or the storage periods. We also have no information about the deletion of the collected data by the provider of the platform.

If you register on the platform of, the provider could link data concerning your platform activities with your personal details (including your name/email address) on the basis of a granted consent, thus recording personal data and informing you individually and purposefully about your preferred subject areas, among other things.

With regard to statistics provided to us by the provider of the platform, we can only influence them to a limited extent and cannot switch them off. However, we make sure that no additional optional statistics are made available to us.

We process your personal data on the following legal basis:

• your consent in accordance with Art. 6 para. 1 lit a GDPR

For the purpose of technical provision of the Webshop please read the Privacy Notice for the Website, available on www.rodcraft.com.

 

 

3.5.2   User Requests

We process your personal data in order to answer user inquiries, requests for materials, etc. on the following legal bases:

• to protect our legitimate interests in accordance with Art. 6 para. 1 lit. f GDPR; our legitimate interest consists in the proper response to or execution of customer enquiries;
• If the request aims at the conclusion of a contract, an additional legal basis is Art. 6 para. 1 lit. b GDPR;
• with your consent in the context of using the live chat, Art. 6 para. 1 lit. a GDPR.

 

4. Links

Some sections of our WEBSHOP contains links to the websites of third parties. These websites are subject to their own data protection principles. We are not responsible for their operation including the data handling. If you send information to or about such third party sites, you should review the privacy statements of those sites before you submit any information that may be associated with your person.

 

5. Categories of Recipients

Only our employees will have access to your personal data, in the first instance.

Your data will only be transferred on to third parties if this is legally permitted or prescribed or if you have given your consent. We also share your data to the extent necessary with the service providers we use to provide our services. We limit the transfer of data to what is necessary to provide our services to you. Some of our service providers receive your data as data processors and are then strictly bound by our instructions when handling your data.

In the following we name the categories of the recipients of your data:

• Affiliated companies within our group of companies, insofar as they are active for us as data processors or act independently and, for example, provide IT services or insofar as this is necessary for the provision of our services,
• payment service providers and banks to collect outstanding payments from accounts or pay out refunds,
• call center and complaints processors to receive and process your inquiries and complaints,
• agencies, print shops and letter shops that support us in the implementation of advertising measures, competitions, promotions, etc.,
• IT service providers who, among other things, store data, support the administration and maintenance of the systems, as well as file archivists and shredders;
• logistics service provider, to deliver goods etc.,
• credit agencies when calling up a credit report,
• Companies acquiring assets/capital from PTD (e.g. in the event of a company purchase, merger, liquidation/insolvency, etc.),
• collection agencies and legal advisers in the assertion of our claims,
• public bodies and institutions insofar as we are legally obliged to do so.

In addition, we may exchange your personal data within our globally active group of companies, e.g. to subsidiaries that require this data to fulfil our and/or their contractual and legal obligations or on the basis of legitimate interests. This may be for economic, administrative or other internal business purposes; this applies only to the extent that your interests or fundamental rights and freedoms, which require the protection of personal data, do not prevail. Beyond that we do not transfer your data to third parties.

 

6. Transfer to Third Countries

We are engaged in business worldwide. Therefore your personal data may be transferred to countries outside the European Union to other parts of our company. A transfer of data to countries outside the EU or the EEA (so-called “third countries”) only takes place if this is necessary or legally required in the context of processing our contractual relationships (e.g. tax reporting obligations), if you have given us your consent, or in the context of data processing.

If service providers are engaged in a third country and we can influence this, they are obliged to comply with the level of data protection in Europe in addition to written instructions by agreeing the EU standard contract clauses. Alternatively, we will transfer the data on the basis of the Binding Corporate Rules.

Nevertheless, due to the laws of non-EU countries (e.g. within the framework of the so-called Cloud Act in the USA), even when these agreements and regulations are concluded, there is still the possibility that third parties (especially governmental authorities) may access your personal data without us being able to prevent, stop or control this. Therefore, your consent (e. g. to the use of cookies) also includes the purpose of data transfer to countries outside the EU. For further information please contact our group privacy officer.

Otherwise, we will not transfer your personal data to countries outside the EU or EEA or to international organizations.

 

7. Duration of data storage

7.1        Use of the WEBSHOP

When using our WEBSHOP, we store your personal WEBSHOP account data on our servers for the duration of your active WEBSHOP user account. Personal data in regard to your orders will be stored as long as this is legally permitted in regard to Warranty and other legal order requirements.

 

8. Your Rights as Data Subject

If personal data about you are processed, you are a "data subject" in the sense of the GDPR. You are entitled to the following rights against us as controller:

 

• Right of access

You can request information about whether we process personal data from you. If this is the case, you have the right to receive information about this personal data and other information related to the processing (Art. 15 GDPR). Please note that this right of information may be restricted or excluded in certain cases.

 

• Right to rectification

In the event that personal data about you is not (or is no longer) correct or incomplete, you can request that this data be corrected and, if necessary, completed (Art. 16 GDPR).

 

• Right to erasure or restriction of processing

If the legal requirements are met, you can request the deletion of your personal data (Art. 17 GDPR) or the limitation of the processing of this data (Art. 18 GDPR). However, the right to deletion under Art. 17 paragraphs 1 and 2 GDPR does not apply, inter alia, if the processing of personal data is necessary to fulfil a legal obligation (Art. 17 para. 3 lit. b GDPR).

 

• Right to object

For reasons arising from your particular situation, you can also object to the processing of your personal data by us at any time (Art. 21 GDPR). If the legal requirements are met, we will subsequently no longer process your personal data.

 

• Right to data portability

Under the conditions of Art. 20 GDPR, you are entitled to demand that we hand over to you the personal data relating to you, which you have provided to us, in a structured, common and machine-readable format.

 

• Right to withdrawal of the declaration of consent under data protection law

You have the right to withdraw your consent at any time. The withdrawal is only effective for the future; i.e. the withdrawal does not affect the lawfulness of the processing operations carried out on the basis of the consent up to the withdrawal.

 

• Right to appeal to a supervisory authority

Without prejudice to any other administrative or judicial remedy, a data subject (you) has the right to lodge a complaint with a supervisory authority - in particular in the member state where you reside - if you believe that the processing of your personal data by us violates the GDPR.

The supervisory authority responsible for us is:

Gegevensbeschermingsautoriteit (GBA)

Drukpersstraat 35

B-1000 Brussels

Belgium

Phone: +32 (0)2 274 48 00

E-Mail: dpo@apd-gba.be

 

9. Scope of your Obligation to Provide Data

You are obliged to provide us with your personal data when you have the intention to buy from us via the WEBSHOP . If you do not do so, you cannot register and login with the WEBSHOP, meaning we cannot make our WEBSHOP available to you to the full extend , answer your enquiries sent to us, send you information etc. or enter into a contract with you.

 

10. Amendments

We reserve the right to change this privacy policy at any time. Any changes will be announced by publishing the amended privacy policy on our WEBSHOP. Unless otherwise specified, such changes will take effect immediately. Therefore, please check this privacy policy regularly to view the most current version.

 

Last updated: September 2020