Datacolor AG Europe, Grundstrasse 12, 6343 Rotkreuz, Switzerland and its subsidiaries and affiliates (individually or collectively, “Datacolor” or “we/our/us”) respect your privacy and are committed to protect it by complying with this policy. We are the owners and operators of the
- datacolor.com (and it’s sub-domains)
- datacolor.eu (and it’s sub-domains)
take the protection of personal data very seriously.
For data collection, data processing and data usage, we ensure appropriate security and observe the provisions of the applicable law, and as the case may be the EU General Data Protection Regulation 2016/679 (GDPR), the Swiss Federal Data Protection Act as of 19 June 1992.
Datacolor shares the personal data collected in the context of product and service information within the group. Please find here a list of Datacolor entities worldwide. Furthermore, Datacolor may share information required for the performance of a contract within its Group worldwide. This may cause data collected to be disclosed or transferred to Datacolor employees in countries deemed to have no adequate data protection legislation in the view of the EU and/or Switzerland. In cases this takes place, Datacolor however has implemented adequate guarantees to ensure adequate protection of the personal data. You may request more information in this respect by sending an email to firstname.lastname@example.org.
If you have any questions regarding data protection, get in touch with us by sending us an e-mail email@example.com.
1. Data processing in connection with our website
1.1. What data do we collect when you visit our website?
If you visit our Website(s) our systems automatically save various data like IP address, browser settings (such as browser version, language settings) about you. This data is anonymous, cannot be assigned to a specific person and is exclusively used by us for statistical purposes and to optimize our Internet presence. It is within our legitimate interest to process such data to offer you a good user experience.
1.2. What data do we process when you make use of our services or order goods with us?
In addition to the above access data, we save personal data if you provide them to us. This could be the case:
- when placing and processing your orders
- when participating in competition raffles and sweepstakes
- if you contact us
- if you subscribe or unsubscribe our newsletter or order catalogues
We use these data as well as any information voluntarily provided by you only in order to offer and deliver our goods and services to you in the best possible way. The processing of this data is, therefore, necessary for the performance of pre-contractual and contractual measures or is in our legitimate interest.
If you provide us with data because you contacted us we only use these data as well as any additional information voluntarily provided by you in order to answer your contact enquiry in the best possible and personalised way. The processing of this data is in our legitimate interest to give you an accurate response to your enquiry.
We only use this data for the delivery of our newsletter if you have agreed to receive it. You can unsubscribe from our newsletter at any time via a link in each respective e-mail. You can also send us a message to firstname.lastname@example.org so that we can delete you from our mailing list. We will send you our newsletter based on your consent.
Data you entered on our Website(s) is used for the purpose for which you have given this information. Datacolor uses your data primarily to answer your requests, to process your orders, to deliver goods and process payments. For this purpose, it may be necessary to disclose your personal data to third-party companies, which we use to execute and process our commitments as will be described in more detail below. We provide these companies only with the information they need to perform their services. Furthermore, we require that these third-party companies agree to keep all information shared with them confidential and to use the information only to perform their obligations to us. With the complete fulfilment of the contract and the full payment your data will be locked. After the retention requirements of local tax and commercial law we will delete your data unless further use of the data has been permitted by law or with your given permission.
In addition, Datacolor will collect, store, modify, transmit or use personal data to perform its own business purposes if:
- this is necessary for the establishment, implementation or termination of a legal transaction or obligation
- this is necessary due to legal obligations, official or judicial orders
- our approach is to prevent fraud or other illegal activities; such as attacks on our IT infrastructure and therefore lies within our legitimate interest
- this is necessary for the performance of its services or in its legitimate interest to improve its services (e.g. by determining at what products you have looked at and or/ added to your shopping cart and/ or purchased or at what recommendations you have clicked)
- you have given your consent to receive advertisement and/ or personalised product recommendations via email.
We will never sell your personal data to any third party. You can always disagree with the disclosure of your personal data via e-mail to email@example.com.
1.3. Use of the services by children
We do not permit persons under 18 years of age to use the Website(s), and we do not knowingly collect, use or disclose Data from anyone under 18 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her Data without the parent/guardian’s consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 18, we will make reasonable efforts to delete such information from our records.
1.4. Automatically collected information
The collection and processing of these data are carried out for the purpose of enabling the use of our website (establishing a connection), ensuring system security and stability over the long term and optimising our internet offering as well as for internal statistical purposes. It is within our legitimate interest to process such data in order to be able to continuously provide you with an exceptional offer.
You can prevent storage of cookies by choosing a “disable cookies” option in your browser settings. But this can limit the functionality of our Website(s).
1.4.2. Clear gif files (Web Beacons)
Our service sometimes uses a software technology known as clear gif files (i.e. web beacons) to help us improve managing the contents and user interaction by telling us which contents are effective. Clear gif files are tiny graphics with a unique label that work in a similar way to cookies and are used to monitor the user’s online activities. In contrast to cookies that are saved on a user’s computer hard disk, clear gif files are embedded invisibly in websites and are about as big as the full stop at the end of this sentence. Where appropriate, we combine the information collected by the clear gif files with the data of our customers.
1.4.3. Server-Log Files
The Internet provider of this Website(s) automatically stores information that your browser submits to the server in – so called – server-log files. This information includes:
- Browser Type / Browser Version
- your operating system
- Referrer URL
- Hostname and IP address of your computer
- Date and time of the request
This data is anonymous and cannot be tied to specific individuals. A combination of this data with other data sources is not made. We reserve the right to analyze these data in case of concrete evidence of unlawful use.
1.4.4. Google Analytics
Only in exceptional cases is a full IP address transmitted to a Google server in the United States and truncated there. On behalf this Website’s owner, Google will use this information to evaluate your use of the Website(s), compile reports about Website(s) activities, and provide the Website’s operator with further services related to Website(s) and Internet usage. The IP address sent from your browser as part of Google Analytics is not merged with other data by Google. You can prevent storage of cookies by appropriately setting your browser software; in this case, however, please note that you might not be able to fully use all functions offered by this Website(s).
In addition, you can prevent data generated by the cookie and relating to your use of the Website(s) (including your IP address) from being collected and processed by Google, by downloading and installing a browser plug-in from the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
1.4.5. Opt out possibilities from automatically collected information
You may opt out of:
- receiving email communications such as email newsletters and promotional emails by following the instructions provided at the bottom of each email, clicking the “unsubscribe” button at the bottom of emails we sent you; and/or
- receiving promotional email communications and newsletters by emailing us at firstname.lastname@example.org. Please allow up to ten (10) business days for changes to your email preferences to take effect. During that time, you may continue to receive email communications from us that were already in process. Opting out of receiving Website(s) communications will not affect your receipt of service-related communications such as payment confirmations.
- online and mobile website advertising. You can opt out of Internet-based and mobile advertising on your mobile device by visiting TRUSTe’s Ad Preference Manager, currently available at https://preferences-mgr.truste.com/.
- receiving online behavioral or internet based advertising by using the tools located at the Digital Advertising Alliance’s consumer choice page, currently available at http://www.aboutads.info/choices/ or the Network Advertising Initiative (NAI) opt out tool currently available at http://www.networkadvertising.org/choices/.
We will also follow the European Interactive Advertising Digital Alliance (EDAA) guidelines for online advertising and you may opt out via its opt out program, currently available at http://www.youronlinechoices.eu/.
2. Your security
We strive to keep your Data private and safe. We take commercially reasonable physical, electronic and administrative steps to maintain the security of Data collected, including limiting the number of people who have physical access to database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. Datacolor uses technical and organizational security precautions to protect personal data against manipulation, loss, accidental or unlawful destruction or against access by unauthorized persons or unauthorized disclosure. Our security precautions are regularly improved in line with technological development. In particular, it is our policy to never send your credit card number via e-mail. Any payment transactions will be encrypted and is not considered to be a secure means of transmitting credit card information, so please do not send us your credit card number by email.
If you ever use a public computer to access the Website(s) account, we strongly encourage you to log out at the conclusion of your session. By doing so, although your information may still be stored with us, it should not be accessible to anyone else from that computer.
Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use reasonable means to ensure the security of information you transmit through the Website(s), any transmission of Data is at your own risk. We cannot guarantee that such information will not be intercepted by third parties and we shall not be liable for any breach of the security of your Data resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism and we are not responsible for circumvention of any privacy settings or security measures contained on the Website(s).
3. Your rights as an individual
You can withdraw the right to use and process your data for advertising and newsletters without giving any reasons. In this case please send a message to email@example.com. After receiving your request, we will no longer use the data for other reasons than for processing ongoing orders.
You have a right to request information about the personal data that we store about you. In addition, you have a right to correct incorrect data and a right to request deletion of your personal data, insofar as there is no legal obligation to retain such data and no legal basis for further processing the existing data.
You also have a right to request the data that you have provided to us (right to data portability). Upon request, we will transfer your data to a third party of your choice. You have a right to receive the data in a common file format.
You can contact us for the aforementioned purposes via the e-mail address firstname.lastname@example.org. In order to process your requests, we may request proof of your identity.
In many countries, you also have the right to file a complaint with the relevant data protection authority if you have concerns about how we process your data.
These rights depend on the applicable data protection legislation and may be either more limited or more comprehensive.
4. Storage and exchange of data with third-parties
4.1. Storage of data
We only store data for as long as is necessary for the above described uses and further processing in the context of our legitimate interest. Contract data is stored by us for a longer period of time, as this is prescribed by statutory obligations. Obligations to store data may arise out of accounting law, civil law and tax law. According to these laws, business communication, concluded contracts and accounting vouchers must be stored for up to 10 years. If we no longer need this data to carry out the services for you, the data will be blocked. This means that the data may then only be used for accounting and tax purposes.
4.2. General information about the exchange of data with third parties
We may also disclose your data to outside parties who help us deliver you the products and services we offer; create, operate, and maintain the Website(s); and with specialised services such as payment processing, shipping, mail and e-mail distribution, mobile messaging, Website(s) hosting, monitoring, analytics, sweepstakes and promotions management, survey and mobile payment processing. We provide these companies only with the information they need to perform their services.
The privacy policies and data practices of such third parties may significantly differ from ours, and we make no representation or warranty whatsoever about their policies and practices. Your communications and interactions with such third parties are solely between you and them, and are at your own risk.
If you choose to enter a sweepstakes, contest or other promotion, your information may be disclosed to third parties who help design, administer and implement the promotion, including in connection with winner selection, prize fulfilment and aggregated data analysis. Your information also may be disclosed as required by law, such as on a winners list.
We may disclose your Data when legally required to do so, to cooperate with law enforcement investigations or other legal proceedings, to protect against misuse or unauthorized use of the Website(s), to limit our legal liability and protect our rights or to protect the rights, property or safety of users of the Website(s) or the public.
The Website(s) may allow users to post comments and other content to the Website(s). Any Data that you post to the Website(s) will become public information and will be accessible by other users of the Website(s). In addition, your user name will be viewable by other users, and we therefore encourage you to use a user name that is not your actual name. We have no responsibility to maintain the privacy or security of any such Data that you may choose to post to the Website(s).
Mobile phone numbers may be used to send SMS (Short Message Service), text and voice message notifications related to the Website(s) and to communicate offers. Registered users may choose not to receive text messages from us by not providing their cell phone number to us at registration. Please note that standard message rates and data charges from your cellular service provider apply to sending and/or receiving text messages. You are solely responsible for such message rates and data charges.
4.3. Advertisement by third parties
4.4. Links and social plug-ins
We have embedded links on our Website to the websites of some of our partners and to other relevant websites. If you access such links from our website it may be that data disclosed to the owner of the website that you are accessing. This does not mean that we endorse these website(s) or the goods or services they provide. We do not make any representations or warranties about any website(s) that may be linked to the Website(s). Such other website(s) are independent from us, and we have no control over, or responsibility for their information, products or activities.
In addition, we also use social plug-ins. We offer you the possibility to directly share content of our Website by clicking on the respective button on the Website with Facebook, Instagram, LinkedIn, Pinterest, Twitter and your email provider. We cannot influence what data these platforms process. Therefore we recommend that you check their respective privacy policies before accessing these social media platforms. In particular, we use:
4.5. Integration of other third-party services and content
It is possible for third-party contents, such as videos on YouTube, Marketo, GoToMeeting and Amazon Web Services or contents from other websites to be integrated on this Website(s). This always presumes that the providers of such content (referred to hereinafter as “third-party providers”) can see the IP address of the users. Without the IP address, they could not send the contents to the respective user’s device. The IP address is therefore necessary in order to show these contents. We endeavour to use only those contents whose respective providers use the IP address merely to supply the contents. However, Datacolor has no influence on whether the third-party providers save the IP address e.g. for statistical purposes.
For the purposes of extended usage, some third-party providers (e.g. GoToMeeting operated by Citrix Inc. and Marketo, Inc) demand the disclosure also of personal data, including the user’s name and e-mail address. Without disclosing such personal data, these external services could not be used at all or only to a limited extent.
- You can find more information about the use of personal data by Citrix Inc. (GoToMeeting) on the following website: http://www.citrix.com/about/legal/online-subscription-agreement-terms-of-service.html
- You can find more information about the use of personal data by Marketo, Inc on the following website:
4.6. Data we get from third parties
We may also obtain information from or about you in other ways. For example, we may verify user information with a service provider or combine your information with additional information we collect from other third parties or sources, as authorized and permitted by law.
5. International transfer of data
5.1. General information
5.2. Transfer of data to the USA
For the sake of completeness, for users residing or domiciled in Switzerland, the EU and the EEA, we would like to point out that in the USA there are surveillance measures by US authorities which generally allow them to get access to all personal data that has been transferred from Switzerland, the EU and the EEA to the USA. This is done without differentiation, limitation or exception based on the objective pursued and without any objective criterion that would allow limiting the access to the data and subsequent use thereof by US authorities to very specific, strictly limited purposes that could justify the interference associated both with access to and use of such data. In addition, we would like to point out that in the USA there are no legal remedies available for the persons concerned from Switzerland that would allow them to gain access to the data concerning them and to obtain its correction or deletion, or that there is no effective legal protection against general access rights of US authorities. We explicitly draw your attention to this legal and factual situation in order to enable an informed decision to consent to the use of your data.
We would like to point out to users residing in Switzerland, an EU and/ or EEA member state that, from the point of view of Switzerland and the European Union, the USA does not have an adequate level of data protection, partly due to the issues mentioned in this section. Insofar as we have explained in this privacy statement that recipients of data (such as Google) are based in the USA, we will ensure that your data is protected at an appropriate level by our service providers, either through contractual arrangements with these companies or by ensuring that these companies are certified under the EU or Swiss-US Privacy Shield.
6. Country specific user notices
6.1. International user notice
6.2. User from the United States of America notice
6.3. Your California Privacy Rights
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of Data we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Datacolor, Inc., ATTN: Privacy, 5 Princess Rd. Lawrenceville, NJ. You must put the statement “Your California Privacy Rights” in the body of the request and state the name of our website with respect to which you are requesting the information as well as your name, street address, city, state, and zip code.
7. Which law do we apply? And where does the law apply?
If you reside within the EU or the EEA you have the right to complain to a data protection supervisory authority at any time.
10. Contact for data protection matters
If you have any questions about or requests regarding your privacy or security at the Website(s), the Datacolor group or wish to update your data, please send an email to email@example.com or write to us at Datacolor, Inc., 5 Princess Rd., Lawrenceville, NJ, ATTN: Privacy, and include your name, mailing address and email address in the message.
This page was last modified on: August 12, 2019