Privacy Policy

Last modified: October 7, 2022

U-POL Ltd. (“U-POL”) on behalf of itself and its affiliates with offices and/or employees and contractors in the United Kingdom, France, Ireland, Germany, Poland, Portugal, Russia, Spain, Lebanon, Tunisia and Switzerland. U-POL collects, stores, shares, uses and otherwise processes information from and about visitors to this website, customers and vendors through the website or in the course of our business activities conducted offline. This Notice does not apply to the information collected, stored, shared, or distributed by third-party sites. This Notice may be updated from time to time.

For the purposes of applicable data protection law, U-POL is the controller of any personal data collected from you on the website or otherwise for the purpose of conducting or developing our business with you. For the purposes of this Notice, personal data means any information relating to an identified or identifiable person, and in jurisdictions where applicable, an identifiable, existing juristic (legal) person .

Table of Contents

Information We Collect Automatically

Information You Provide

Website Analytics

Cookies

Use of Personal Data

Disclosure of Personal Data

Children

Marketing

Security

Retention of Personal Data

External Links

Your Rights

Changes to this Notice

Contact information

Information We Collect Automatically

When you visit our website, our server automatically collects certain browser or device generated information, which may in some cases constitute personal data, including but not limited to:

• your domain;
• your IP address;
• the date, time and duration of your visit;
• your browser type;
• your operating system;
• your page visits;
• other information about your computer or device;
• Internet traffic;
• your user behaviour (e.g., how you interact with the website).

We do not use this automatically collected information to try to identify you by name, and we do not associate it with the information you provide voluntarily, as detailed below.

Information You Provide

In order to access or use certain portions of the website or enjoy the full functionality of the website, or otherwise in conducting business with us or seeking to conduct business with us, you may be prompted to provide certain personal data to us in the following ways:

• by filling in forms (for example, a ‘Contact us’ form) on our website or at a trade show or anywhere else we conduct business;
• by completing a survey, submitting a request, making a query, registering on our website or making an order;
• by downloading documentation from our website;
• by subscribing to newsletters or other communications;
• by corresponding with us by phone, e-mail or otherwise using our contact details; or

Typically, the personal data you give us may include name, business affiliation, business address, telephone number, and email address, and any personal details required to resolve any enquiries or complaints.  Where you are applying for a job, work placement or internship, you will be asked to provide certain additional information, for example about your education, employment history and right to work, pursuant to a specific privacy notice for job candidates.

We will let you know when personal data is required to enter into a contract with you (such as in anticipation of an employment contract or a services agreement) or to perform a contract with you (such as to provide services at your request). Failure to provide any information or withdrawal of consent previously provided, may result in our inability to provide requested services or products, or consider your application for employment.

Tracking / Analytics

We use a web tracking and web analysis software in order to determine the frequency of use and the number of people visiting our website. In this context, we do not collect any personal data which could reveal your identity to us. Only the IP address which you use when visiting our website will be processed. These data will be used group-wide only in aggregated form for statistical purposes and further development of our websites, where legally permitted.

Our web tracking and analysis software is operated by a third-party provider, Google Analytics, on the basis of an agreement with U-POL for all U-POL Group companies.

You may choose to object to the collection and use of the aforementioned information for statistical purposes and further development of our websites at any time by either

• disable the “track users” setting in your browser or
• by using the opt-out mechanism provided by Google Analytics 

Cookies

“Cookies” are small files which enable us to store individual information related to your computer or other device used to access our website. Cookies help us, e.g., to determine the frequency of use and the number of people visiting our website and to create our services as comfortable and efficient as possible for you.

Types of cookies. Session cookies are stored only temporarily during a browsing session and are deleted from the visitor’s device when the browser is closed. Persistent cookies are saved on your device for a fixed pre-defined period of time (usually several months) and are not deleted when the browser is closed. Persistent cookies are used where we need to be able to recognize your device for more than one browsing session.

First party cookies are set by the website you are visiting, and they can only be read by that site. Third party cookies are not set by the owner of the website you are visiting, but by a different organization. For example, advertisers and other third parties may use their own cookies when you click on an advertisement or link on our website, or we might engage a third-party analytics company that will set their own cookie to perform this service.

The different types of cookies can be categorized as follows:

Necessary cookies are cookies that are required for the operation of our website, such as to ensure security. Other necessary cookies allow us to provide features or services that you expressly request. These cookies do not require your consent and cannot be switched off (although in some cases you can change your requests). You can set your browser to block or alert you about these cookies, but some parts of our website may not work if you block these types of cookies.

Preference cookies are used to provide certain functionalities to you by recording your choices and settings regarding our Services, maintaining your preferences over time and recognizing you when you return to our website so that we can offer you a better experience on this website. We will only store and access functional cookies on your device if you consent to such storage and access. If you do not consent to these types of cookies, we will not be able to provide certain functionalities to you.

Analytics cookies allow us to analyze website usage and understand how visitors use it. These cookies recognize and collect information about the number of visitors, the pages they view, how long they view pages and how they move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that visitors are easily finding what they are looking for. We will only store and access analytics cookies on your device if you consent to such storage and access. If you do not consent to these types of cookies, we will not be able to improve our website based on information from your visit.

Marketing Cookies are used to track visitors across websites.  The intention is to display ads that are relevant and engaging for the individual user.  We will only store and access marketing cookies on your device if you consent to such storage and access.

We use the following “cookies” on our websites in connection with some of the functionalities described above.

Cookie Type	Name	Purpose	Lifespan
Necessary cookie	PHPSESSID	This cookie is necessary to preserves user session state across page requests.	will be deleted after your session
Necessary cookie	CookieConsent	This cookie stores the user’s cookie consent state for the current domain.	12 months
Functional cookies	wp-wpml_current_language	These cookies designate the country code that is calculated based on the user’s IP address and is used to determine what language should be used for the visitor.	will be deleted after your session
Analytics cookies	_ga	These cookies are used to generate data on how the visitor uses the website.	24 months
Analytics cookies	_gid _dc_gtm_UA-#	These cookies are used to generate data on how the visitor uses the website.	1 day
Analytics cookies	collect	This cookie is used to gather information regarding visitor activity on the website and other U-POL online services.	will be deleted after your session
Marketing cookies	fr _fbp	These cookies are used by third parties to deliver a series of product advertisements.	3 months
Marketing cookies	tr ads/ga-audiences	These cookies are used by third parties to re-engage visitors to the website.	will be deleted after your session

The content of a cookie is limited to an identification number. Name, IP-address or other information regarding your true identity is only collected to the extent necessary for the operation of the functionality cookies (i.e., in connection with the log-in function).

Managing cookies and withdrawing consent

Managing cookies and withdrawing consent. We will obtain your opt-in consent to the use of the cookies and other tracking technologies on this website when you first access the website and if we introduce any new cookies to the website, unless they are necessary cookies, in which case your consent is not required. When you visit this website, a pop up will appear to inform you about our use of such cookies. You can then consent by clicking on “Accept”, or you may refuse cookies (except necessarily cookies) by clicking on “Deny”. You may alternatively click on the link to the cookie manager to visit our Consent Management Platform and decide the categories of cookies that you wish to accept, and the cookies you wish to reject.

You may withdraw your consent at any time with effect for the future.

If you deny cookies, we will not set those cookies on your device, except necessary cookies and a cookie to remember that you don’t want any cookies set when you visit this website.

If you have accepted cookies but want to deny them (withdraw your consent) for the future, you can delete the cookies in your website browser and the cookies window including the link to the cookie manager appears again.

You can also disable cookies by changing your website browser settings to reject cookies. How to do this will depend on the browser you use. Rejecting cookies will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new cookie in a variety of ways. You can also delete all cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit this website. All modern browsers allow you to change your cookie settings, typically by going to the ‘options’ or ‘preferences’ menu of your browser. Use the ‘Help’ option in your browser for more details.

• (i) Cookie settings in Internet Explorer
• (ii) Cookie settings in Microsoft Edge
• (ii) Cookie settings in Firefox
• (iii) Cookie settings in Chrome
• (iv) Cookie settings in Safari weband iOS.
• If you choose not to use the cookie preference tool, but instead control cookies through browsers, please remember to change your settings in each browser and for each of your devices.

Blocking all cookies (including necessary cookies) will have a negative impact upon the usability of many websites, including ours. If you block necessary cookies, you may not be able to use all the features on this website. You can also delete cookies already stored on your computer. However, deleting cookies might have a negative impact on the usability of many websites, including ours.

To find out more about cookies, visit www.aboutcookies.org or www.allaboutcookies.org.

Use of Personal Data

Below we describe our purposes for using your personal data.  Additional details on how we process your personal data may be provided to you in a separate notice or contract.

All processing and use of your personal data is justified by a “legal basis” for processing. In addition, processing of sensitive personal data (also known as special personal information) requires an additional condition (or justification). In the majority of cases, processing will rely on one of the following legal bases:

• Contract performance: The processing is necessary to perform a contract with you or take steps to enter into a contract at your request, such as to fulfil an order, to review your job application, or to provide product information you have requested;
• Legal obligation: The processing is necessary for us to comply with a relevant EEA, UK, Swiss, Russian, Tunisian, or Lebanese legal obligations, such as keeping accounting records or to verify employment eligibility;
• Legitimate interests: The processing is in our legitimate interests, which are not overridden by your interests and fundamental rights; or
• Consent: you have consented to the processing.

We use the personal data we collect for the following purposes, relying on the legal bases set forth below:

• Contract performance: provide you with any services or products you have contracted for;
• Contract performance: administer and manage performance of purchase or sales agreements with our suppliers and customers who are natural persons;
• Contract performance: provide after-sales support;
• Contract performance: process, evaluate and complete certain transactions involving the website, and more generally transactions involving U-POL’s products and services;
• Legitimate interests: administer and manage performance of purchase or sales agreements with contact persons for our suppliers and customers who are legal persons;
• Legitimate interests (or consent, where required by law): operate, evaluate, maintain, improve and develop the website (including by monitoring and analysing trends, access to, and use of the website for advertising and marketing with the help of analytics software);
• Legitimate interests: evaluate, improve and develop our products and services generally;
• Legitimate interests: customize our website to users’ needs;
• Legitimate interests (or consent, where required by law): engage you about events, promotions, the website and U-POL’s products and services;
• Contract performance (pre-contractual steps): provide you with documentation or communications which you have requested;
• Legitimate interests: correspond with users to resolve their queries or complaints;
• Contract performance (pre-contractual steps): support and manage a recruitment, work placement or internship process, including considering applications and making offers;
• Legitimate interests (or consent, where required by law): send you marketing communications, where it is lawful for us to do so;
• Legitimate interests: protect and ensure safety of the website, U-POL confidential and proprietary information, and U-POL employees;
• Legitimate interests: manage, protect against and investigate fraud, risk exposure, claims and other liabilities, including but not limited to violation of our contract terms or laws or regulations;
• Legitimate interests: share your personal data with third parties in connection with potential or actual sale of our company or any of our assets, or those of any affiliated company, in which case personal data held by us about our users may be one of the transferred assets;

U-POL will not sell or rent your personal data to third parties.

Sharing Personal Data

We are part of the global organization, Axalta Coating Systems, and from time to time it will be necessary to share your personal data with our affiliated businesses for the purposes described above. A list of all Axalta Coating Systems group companies can be found here. We may also appoint third party service providers (who will operate under our instructions) to assist us in providing information, products or services to you, in conducting and managing our business, or in managing and improving our products, services or the website. U-POL may share your personal data with these affiliates and third parties to perform services that the third parties have been engaged by U-POL to perform on U-POL’s behalf, subject to appropriate contractual restrictions and security measures, or if we believe it is reasonably necessary to prevent harm or loss, or if we believe that the disclosure will further an investigation of suspected or actual illegal activities.

If your personal data is transferred outside the EEA or UK to other U-POL affiliates or to third party service providers, we will take steps to ensure that your personal data receives the same level of protection as if it remained within the EU, including by entering into data transfer agreements using the European Commission approved Standard Contractual Clauses. For transfers of personal data among U-POL affiliates we have put in place European Commission approved Standard Contractual Clauses. A list of all the countries which benefit from a decision of the European Commission determining that the country provides adequate protection to personal data, is set forth here. You have a right to obtain details of the mechanism under which your personal data is transferred outside of the EU. The contact details can be found in the Contact Information section below.

U-POL reserves the right to share any information that you provide which is not deemed personal data or is not otherwise subject to contractual restrictions.

Children

The website is not for use by children under the age of 18 years and U-POL does not knowingly collect, store, share or use the personal data of children under 18 years. If you are under the age of 18 years, please do not provide any personal data, even if prompted by the website to do so. If you are under the age of 18 years and you have provided personal data, please ask your parent(s) or guardian(s) to notify U-POL and U-POL will delete all such personal data.

Marketing

Where lawful to do so, and subject to your consent where required, we may communicate with you by email to tell you about our products and services. If you wish to opt-out of receiving marketing communications, please use the ‘unsubscribe’ link provided in our emails, or otherwise contact us directly and we will stop sending you communications.

Security

U-POL aims to safeguard and protect your personal data from unauthorized access, improper use or disclosure, unauthorized modification or unlawful destruction or accidental loss, and U-POL utilizes and maintains certain reasonable processes, systems, and technologies to do so. However, you acknowledge that no transmission over the Internet is completely secure or error-free, and that these processes, systems, and technologies utilized and maintained by U-POL are subject to compromise.

Retention of Your Personal Data

We apply a general rule of keeping personal data only for as long as required to fulfil the purposes for which it was collected.  In general, we retain your personal data for a period of time corresponding to a statute of limitation, for example to maintain an accurate record of your dealings with us. However, in some circumstances we may retain personal data for other periods of time, for instance where we are required to do so in accordance with legal, tax and accounting requirements, or if required to do so by a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required.

With respect to marketing, we retain your personal data for three years after your last request for service or other contact you initiate.

External Links

The website may contain links to third party sites. Since U-POL does not control nor is responsible for the privacy practices of those websites, we encourage you to review the privacy policies of these third-party sites. This Notice applies solely to personal data collected by our websites or in the course of our business activities.

Changes to this Notice

Any changes or updates we may make to this Notice will be posted on this page in advance.  If we have your contact details on file, we will notify you in advance of any changes to this Notice that are material or may impact you.  For other changes, please check back frequently to see any updates or changes to this Notice.

Contact Information

If you have any questions in relation to this Notice or you wish to exercise any of your rights, please contact us at: Data-Privacy@U-POL.com

For UK/EEA/Swiss Residents – Your Rights

 

• Right to Access – you have the right to request access to any of your personal data that we hold, and to obtain information about the processing of that data.
• Right to Correct – we will take steps in accordance with applicable legislation to keep your personal data accurate, complete and up-to-date. You are entitled to have any inadequate, incomplete or incorrect personal data corrected (that is, rectified).
• Right to Withdraw Consent – in the event your personal data is processed on the basis of your consent, you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
• Data portability – where we are relying (as the legal basis for processing) upon your consent, or the fact that the processing is necessary to perform a contract to which you are party or to take steps at your request prior to entering a contract, and the personal data is processed by automated means, you have the right to receive all such personal data which you have provided us in a structured, commonly used and machine-readable format, and also to require us to transmit it to another controller where this is technically feasible.
• Right to erasure – you are entitled to have your personal data erased under specific circumstances, such as where you have withdrawn your consent, where you object to processing based on legitimate interests and we have no overriding legitimate grounds (see below) or where personal data is unlawfully processed.
• Right to restriction of processing – you have the right to restrict our processing of your personal data (that is, allow only its storage) where:
  • you contest the accuracy of the personal data, until we have taken sufficient steps to correct or verify its accuracy;
  • where the processing is unlawful, but you do not want us to erase the personal data;
  • where we no longer need your personal data for the purposes of the processing, but you require such personal data for the establishment, exercise or defence of legal claims; or
  • where you have objected to processing justified on legitimate interest grounds (see below), pending verification as to whether we have compelling legitimate grounds to continue processing.

Where your personal data is subject to restriction, we will only process it with your consent or for the establishment, exercise or defence of legal claims.

• Right to issue directives – For France only: Your executor or administrator has the right to issue directives regarding the disposition of your personal data after your death by contacting us at the e-mail address indicated below.

·       Right to object to processing (including profiling) based on legitimate interest grounds – where we are relying upon legitimate interests to process personal data, you have the right to object to that processing. If you object, we must stop that processing unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or we need to process the personal data for the establishment, exercise or defence of legal claims. Where we rely upon legitimate interest as a basis for processing, we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis. ·       Right to object to direct marketing  (including profiling) – you have the right to object to our use of your personal data (including profiling) for direct marketing purposes, such as when we use your personal data to invite you to our promotional events.

Please contact us at Data-Privacy@U-POL.com, if you wish to exercise any of your rights, or if you have any enquiries or complaints regarding the processing of your personal data.

You also have the right to lodge a complaint with the supervisory authority of your habitual residence, place of work or place of alleged infringement, if you consider that the processing of your personal data infringes applicable law.  A list of data protection supervisory authorities is available here: https://edpb.europa.eu/about-edpb/about-edpb/members_en.

For Residents of Russia – Additional Information

All references to the data controller throughout this Notice relate to the data operator.

The same rights as mentioned above apply for residents of Russia. The contact details of the Russian data protection supervisory authority (Roskomnadzor) are available here: https://rkn.gov.ru/

Our Russian representative can be contacted at: Data-Privacy@U-POL.com

Sharing of Personal Data

In the event of a transfer of personal data from South Africa to other locations we will take steps to ensure that the countries to which the personal data is transferred provide an adequate level of data protection similar to that of POPIA or there is an appropriate justification under POPIA for the transfer, for example, a data transfer agreement is concluded with the recipient of the personal data that contains appropriate data protection provisions to safeguard the personal data. We will also ensure that prior authorisation from the Information Regulator is obtained in circumstances where required.

Children

The website is not for use by children under the age of 18 years and U-POL does not knowingly collect, store, share or use the personal data of children under 18 years. If you are under the age of 18 years, please do not provide any personal data, even if prompted by the website to do so. If you are under the age of 18 years and you have provided personal data, please ask your parent(s) or guardian(s) or another competent person to notify U-POL and U-POL will delete all such personal data.

Your Rights

In terms of POPIA you have the following rights in relation to your personal data:

• Right to Request Access – you have the right to request access to any of your personal data that we hold, and to obtain information about the processing of that data (subject to the grounds of refusal in the Promotion of Access to Information Act, 2000). 
• Right to Request Correction – we will take steps in accordance with POPIA to keep your personal data accurate, complete and up-to-date.  You have the right to request to have any inadequate, incomplete or incorrect personal data corrected (that is, rectified).
• Right to Request Deletion – you have the right to request destruction or deletion of your personal data in certain circumstances including where it is no longer necessary for U-POL to process the personal data for the purpose it was collected.
• Right to Object – you have the right to object on reasonable grounds to the processing of your personal data where the processing is on the basis that it protects your legitimate interests or is on the basis that it is necessary for pursuing the legitimate interests of U-POL or a third party to whom the personal data is supplied.
• Right to Object to Marketing – you have the right to object to the processing of your personal data for the purposes of direct marketing.
• Automated Processing – you have the right to not be subject to a decision which is based solely on the basis of automated processing of your personal data.
• Right to Institute Civil Proceedings – you have the right to institute civil proceedings.
• Right to Withdraw Consent – in the event your personal data is processed on the basis of your consent, you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

You also have the right to lodge a complaint with the Information Regulator, the details of which are as follows:

The Information Regulator (South Africa)

JD House

27 Stiemens Street

Braamfontein

Johannesburg

2001

Email: inforeg@justice.gov.za / complaints.IR@justice.gov.za

Data subjects wishing to exercise any of the above rights should contact the information officer at U-POL South Africa using the information officer’s details in the ‘Contact Information’ clause below.