CAST PHARMA, Inc., located at 80 Pine Street, Floor 24, New York NY 10005, United States is a subsidiary of CAST GmbH & Co. KG, located at Messering 8B, 01067 Dresden, Germany.
This website is operated by CAST GmbH & Co. KG, located at Messering 8B, 01067 Dresden, Germany.
This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the associated websites, functions and content as well as external online presences, such as our social media profile. (hereinafter jointly referred to as “online offer”). With regard to the terms used, such as “personal data” or their “processing”, we refer you to the definitions in Art. 4 of the EU General Data Protection Regulation (GDPR).
|Company name:||CAST GmbH & Co. KG|
|Postcode, City, Country:||01067 Dresden, Deutschland|
|Commercial Register/No.:||Local Court Dresden HRA 4732|
|Managing Director:||Stefan Wolf|
|Phone number:||+49 351 2870 8800|
Data Protection Officer:
If you have any questions regarding the collection, processing or use of your personal data, as well as for information, correction, blocking or deletion of data, please contact the data protection officer of CAST GmbH & Co. KG.
You can use the e-mail address email@example.com for this purpose.
Types of data processed:
- Inventory data
- contact details
- content data
- contract data
- payment details
- usage data
- Meta/communication data
Processing of special categories of data (Art. 9 para. 1 GDPR):
In principle, no special categories of data are processed unless they are supplied by the user for processing, e.g. in online forms.
Categories of data subjects involved in the processing:
- Customers / interested parties / suppliers.
- Visitors and users of the online offer.
In the following, we will refer to the persons concerned in summary as “users”.
Purpose of processing:
- Provision of the online offer, its contents and functions.
- Provision of contractual services, service and customer care.
- Answering contact enquiries and communicating with users.
- Marketing, advertising and market research.
- Security measures.
Last update: 25/11/2019
1. Relevant legal bases
In accordance with Art. 13 GDPR we inform you about the legal basis of our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR, the legal basis for processing in order to fulfil our services and carry out contractual measures as well as answer inquiries is Art. 6 para. 1 lit. b GDPR, the legal basis for processing in order to fulfil our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for processing in order to safeguard our legitimate interests is Art. 6 para. 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
2. Amendments and updates to the data protection declaration
We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as the changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.
3. Security measures
3.1 We shall take appropriate technical and organizational measures in accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the type, extent, circumstances and purposes of the processing, as well as the different probability of occurrence and severity of the risk to the rights and freedoms of natural persons, to ensure a level of protection appropriate to the risk; these measures shall include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling the physical access to the data, as well as the access to, inputting, passing on, securing the availability and separation of the data relating to them. In addition, we have established procedures to ensure the exercise of data subjects’ rights, the deletion of data and the response to data threats. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 GDPR).
3.2 The security measures include in particular the encrypted transmission of data between your browser and our server.
4. Cooperation with contract processors and third parties
4.1 Insofar as we disclose data to other persons and companies (contract processors or third parties) within the scope of our processing, transfer them to them or otherwise grant them access to the data, this shall only take place on the basis of legal permission (e.g. if a transfer of the data to third parties, such as payment service providers, pursuant to Art. 6 Para. 1 lit. b GDPR is necessary for the performance of the contract), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
4.2 If we commission third parties with the processing of data on the basis of a so-called “order processing contract”, this is done on the basis of Art. 28 GDPR.
5. Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of the use of third-party services or disclosure or transfer of data to third parties, this will only occur if it is done to fulfil our (pre)contractual obligations, on the basis of your consent, a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or allow the data to be processed in a third country only if the special requirements of Art. 44 ff. of the EU General Data Protection Regulation are met. GDPR. This means that the processing takes place, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU (e.g. for the USA by the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
6. Rights of data subjects
6.1 You have the right to request confirmation as to whether the data in question will be processed and to obtain information about such data and further information and a copy of the data in accordance with Art. 15 GDPR.
6.2 You have informed us accordingly. Art. 16 GDPR gives you the right to request the completion of data concerning you or the rectification of incorrect data concerning you.
6.3 Pursuant to Art. 17 GDPR, you have the right to demand that the data concerned be deleted immediately or, alternatively, to demand that the processing of the data be restricted in accordance with Art. 18 GDPR.
6.4 You have the right to demand that the data concerning you which you have provided to us be received in accordance with Art. 20 GDPR and that it be transferred to other responsible parties.
6.5 Pursuant to Art. 77 GDPR, you also have the right to file a complaint with the competent supervisory authority.
7. Right of revocation
You have the right to revoke consents granted pursuant to Art. 7 para. 3 GDPR with effect for the future.
8. Right of objection
You may object at any time to the future processing of the data concerning you in accordance with Art. 21 GDPR. In particular, you may object to the processing of your data for the purposes of direct marketing.
9. Cookies and right of objection in the case of direct advertising
10. Deletion of data
10.1 The data processed by us shall be deleted or their processing restricted in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and there are no legal obligations to retain them. If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be stored for commercial or tax reasons.
10.2 In accordance with statutory provisions, data shall be stored in particular for 6 years in accordance with Section 257 (1) HGB (German Commercial Code) (commercial books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting records, etc.) and for 10 years in accordance with Section 147 (1) AO (German Tax Code) (books, records, management reports, accounting records, commercial and business letters, documents relevant for taxation, etc.).
11. Provision of contractual services
11.1 We process inventory data (e.g., names and addresses as well as contact data of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services in accordance with Art. 6 Para. 1 letter b. GDPR. The entries marked as mandatory in online forms are required for the conclusion of the contract.
11.2 An optional user account (customer area) can be created for customers. Within the framework of the implementation, the users will be informed of the required mandatory information. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account or if a customer project is terminated, their data will be deleted with regard to the user account, subject to their retention for commercial or tax reasons pursuant to Art. 6 Para. 1 lit. c GDPR. It is the responsibility of the users to secure their data before the end of the contract in the event of termination. We are entitled to irretrievably delete all user data stored during the term of the contract.
11.3 Within the scope of registration and renewed registrations as well as use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user’s protection against misuse and other unauthorized use. These data will not be passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation pursuant to Art. 6 para. 1 lit. c GDPR.
11.4 The deletion takes place after expiry of legal warranty and comparable obligations, the necessity of data retention is reviewed every three years; in the case of legal archiving obligations, the deletion takes place after their expiry (end of commercial (6 years) and tax (10 years) retention obligation); information in the customer account remain until its deletion.
12. Establishing contact
12.1 When establishing contact with us (via contact form or e-mail), the user’s details are processed for processing the contact request and its processing in accordance with Art. 6 Para. 1 lit. b) GDPR.
12.2 The user’s details can be stored in our Customer Relationship Management System (“CRM System”) or comparable inquiry organization.
12.3 We delete the enquiries if they are no longer necessary. We check the necessity every two years; inquiries from customers who have a customer account are stored permanently and refer to the customer account details for deletion. In the case of statutory archiving obligations, deletion will take place after their expiration (end of commercial law (6 years) and tax law (10 years) retention obligation).
13. Comments and contributions
13.1 If users leave comments or other contributions, their IP addresses will be used on the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. of the German Civil Code. GDPR for 7 days.
13.2 This is done for our safety if someone leaves illegal contents (insults, forbidden political propaganda, etc.) in comments and contributions. In this case we can be prosecuted ourselves for the comment or contribution and are therefore interested in the identity of the author.
14. Collection of access data and log files
14.1 On the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. of the German Civil Code, we shall raise a claim for damages in the amount of GDPR data on each access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
14.2 Log file information is stored for a maximum period of seven days for security reasons (e.g. to clarify misuse or fraud) and then deleted. Data, the further storage of which is necessary for evidence purposes, are excluded from deletion until the respective incident has been finally clarified.
15. Online presences in social media
15.1 On the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. we maintain the following GDPR online presences within social networks and platforms in order to communicate with customers, interested parties and users active there and to inform them about our services. When calling up the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
15.2 Unless otherwise stated in our data protection declaration, we process user data insofar as they communicate with us within social networks and platforms, e.g. compose articles on our online presences or send us messages.
16. Cookies & range measurement
16.1 Cookies are pieces of information that are transmitted from our web server or third-party web servers to the user’s web browser and stored there for later retrieval. Cookies may be small files or other types of information storage.
16.2 We use “session cookies” which are only stored for the duration of the current visit to our online presence. In a session cookie, a randomly generated unique identification number is stored, a so-called session ID. In addition, a cookie contains information about its origin and the storage period. These cookies cannot store any other data. Session cookies are deleted when you have finished using our online service and log out or close your browser, for example.
16.4 If the users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
17. Google Analytics
17.2 Google is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
17.3 Google will use this information on our behalf to evaluate the use of our website by users, to compile reports on activities within this website and to provide us with other services relating to the use of this website and the internet. Pseudonymous user profiles can be created from the processed data.
17.4 We use Google Analytics only with activated IP anonymization. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to and truncated by Google on servers in the United States.
17.6 Further information on the use of data by Google, setting and objection options can be found on the web pages of Google: https://www.google.com/intl/de/policies/privacy/partners (“Use of data by Google for your use of websites or apps of our partners”), https://policies.google.com/technologies/ads (“Use of data for advertising purposes”), https://adssettings.google.com/authenticated (“Manage information that Google uses to show you advertising”). Opt-Out: Activate Cookie
17.7 In addition, personal data will be anonymized or deleted after 26 months.
18. Google Re/Marketing Services
18.1 On the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer in the sense of Art. 6 Para. 1 lit. f. of the German Civil Code), we shall use the information contained in this website for our own purposes. GDPR) the marketing and remarketing services (“Google Marketing Services”) of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (“Google”).
18.2 Google is certified under the Privacy Shield Agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
18.3 Google’s marketing services allow us to display advertisements for and on our website in a more targeted manner in order to present users only with ads that potentially match their interests. If, for example, a user is shown ads for products in which he or she is interested on other websites, this is referred to as “remarketing”. For this purpose, when you visit our and other websites on which Google marketing services are active, Google executes a code directly from Google and (re)marketing tags (invisible graphics or code, also known as “web beacons”) are incorporated into the website. With their help, an individual cookie, i.e. a small file, is stored on the user’s device (comparable technologies can also be used instead of cookies). Cookies can be set by various domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com and googleadservices.com. In this file it is noted which websites the user visits, which contents he is interested in and which offers he has clicked, furthermore technical information about the browser and operating system, referring websites, visiting time as well as further information about the use of the online offer. The IP address of the user is also recorded, whereby we inform within the scope of Google Analytics that the IP address within member states of the European Union or in other contracting states of the Agreement on the European Economic Area is shortened and only in exceptional cases completely transferred to a Google server in the USA and shortened there. The IP address is not merged with user data within other Google services. Google may also combine the above information with such information from other sources. If the user subsequently visits other websites, the ads tailored to the user’s interests may be displayed.
18.4 The user’s data will be processed pseudonymously within the framework of Google Marketing Services. This means, for example, that Google does not store and process the name or e-mail address of the user, but processes the relevant data cookie-related within pseudonymous user profiles. This means that, from Google’s point of view, the ads are not administered and displayed for a specifically identified person, but for the cookie holder, regardless of who this cookie holder is. This does not apply if a user has expressly permitted Google to process the data without this pseudonymization. The information Google Marketing Services collects about users is transmitted to Google and stored on Google’s servers in the United States.
18.5 The Google marketing services we use include the online advertising program “Google AdWords”. In the case of Google AdWords, each AdWords customer receives a different “conversion cookie”. Cookies can therefore not be tracked via the websites of AdWords customers. The information collected through the cookie is used to generate conversion statistics for AdWords customers who have opted for conversion tracking. AdWords customers learn the total number of users who clicked on their ad and were directed to a page tagged with a conversion tracking tag. However, you will not receive any information that personally identifies users.
18.8 We may also use the Google Optimizer service. Google Optimizer allows us to track the impact of various changes to a website (e.g. changes to input fields, design, etc.) as part of so-called “A/B-Testings.” For these test purposes, cookies are stored on the user’s devices. Only pseudonymous user data is processed.
18.9 We may also use the “Google Tag Manager” to integrate and manage the Google analysis and marketing services on our website.
18.10 Further information on the use of data for marketing purposes by Google can be found on the overview page: https://policies.google.com/technologies/ads, Google’s data protection declaration can be found at https://policies.google.com/privacy.
18.11 If you wish to opt out of interest-based advertising through Google marketing services, you may use the opt-out and setting options provided by Google: https://adssettings.google.com/authenticated.
19.1 With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures and your rights of objection. By subscribing to our newsletter, you declare your agreement with the receipt and the described procedures.
19.2 Content of the Newsletter: We send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter referred to as “Newsletter”) only with the consent of the recipient or a legal permission. If the contents of the newsletter are specifically described within the scope of registration, they are decisive for the consent of the user. In addition, our newsletters contain information on our products, offers, promotions and our company.
19.3 Double opt-in and logging: The registration to our newsletter takes place in a so-called double opt-in procedure. I.e. after registration you will receive an e-mail in which you will be asked to confirm your registration. This confirmation is necessary so that nobody can register with external e-mail addresses. The registrations for the newsletter are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time, as well as the IP address. Likewise, the changes of your data stored with the email marketing service is logged.
19.4 1st transmission service provider: The transmission of the newsletter takes place by means of CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede, hereinafter referred to as “transmission service provider”. You can view the data protection regulations of the shipping service provider here: https://www.cleverreach.com/de/datenschutz/.
19.6 Furthermore, according to its own information, the shipping service provider may use this data in pseudonymous form, i.e. without allocation to a user, to optimize or improve its own services, e.g. for the technical optimization of shipping and the presentation of newsletters or for statistical purposes in order to determine from which countries the recipients come. However, the transmission service provider does not use the data of our newsletter recipients to write to them itself or pass them on to third parties.
19.7 Registration data: In order to subscribe to the newsletter, it is sufficient for you to provide your e-mail address.
19.8 Performance measurement – The newsletters contain a so-called “web beacon”, i.e. a file the size of a pixel, which is called up by the server of the transmission service provider when the newsletter is opened. Within the scope of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and time of retrieval are first collected. This information is used for the technical improvement of the services on the basis of the technical data or the target groups and their reading behavior on the basis of their retrieval locations (which can be determined with the help of the IP address) or the access times. The statistical surveys also include determining whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. However, it is neither our nor the shipping service provider’s intention to monitor individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our contents to them or to send different contents according to the interests of our users.
19.9 The dispatch of the newsletter and the performance measurement are based on the consent of the recipients according to Art. 6 Para. 1 lit. a, Art. 7 GDPR in conjunction with § 7 Para. 2 No. 3 UWG or on the legal permission according to § 7 Para. 3 UWG.
19.10 The registration procedure is recorded on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR and serves as proof of consent to receive the newsletter.
19.11 Cancellation/revocation – Newsletter recipients can cancel the receipt of our newsletter at any time, i.e. revoke their consent. You will find a link to cancel the newsletter at the end of each newsletter. At the same time, your consent to the measurement of success will expire. A separate revocation of the performance measurement is unfortunately not possible, in which case the entire newsletter subscription must be cancelled. With the cancellation of the newsletter, the personal data are deleted, unless their storage is legally required or justified, in which case their processing is limited only to these exceptional purposes. In particular, we may store the deleted e-mail addresses for up to three years on the basis of our legitimate interests before we delete them for the purpose of sending the newsletter in order to be able to prove that we have previously given our consent. The processing of this data is limited to the purpose of a possible defense against claims. An individual deletion request is possible at any time, provided that the former existence of a consent is confirmed at the same time.
20. Integration of services and contents of third parties
20.1 Within the scope of our online offer and on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. of the German Civil Code), we shall not be liable for any loss or damage arising out of or in connection with the use of our online offer. GDPR) content or service offers from third parties in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”). This always presupposes that the third-party providers of this content perceive the IP address of the user, since they would not be able to send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We make every effort to use only those contents whose respective providers only use the IP address to deliver the contents. Third party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. Pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may contain, among other things, technical information about the browser and operating system, referring web pages, visit times and other information about the use of our online offering, as well as may be linked to such information from other sources.
20.2 The following presentation provides an overview of third-party providers and their content, together with links to their data protection declarations, which contain further information on the processing of data and, in some cases already mentioned here, possibilities for objection (so-called opt-out):
- Maps of the “Google Maps” service of the third-party provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Statement: https://www.google.com/policies/privacy/, Opt-Out: https://www.google.com/settings/ads/.