TMK S.A.S. Sigla TMK, as operator of the website www.tmk.com.co (“Website”), is the company responsible for the personal data of users (“you”) of the Website within the meaning of the General Data Protection Regulation and Colombian data protection laws, in particular Law 1581 of 2012. Personal Data Protection Law.

CONTENT

1.Informative use of the website
2.Collection and use of data for the processing of communications
3.TMK registration and account
4..Google reCAPTCHA and Google Maps
a) Google reCAPTCHA
b) Google Maps
5.Collection and use of data for direct marketing purposes
a) Digital advertising
b) Email newsletter
6.Cookies
7.Web analytics
a) Webtrekk
b) Google (Universal) Analytics
8.Remarketing
a) Google AdWords Remarketing
b) DoubleClick
c) Google Tag Manager
d) Facebook Retargeting
9.Social Networking
a) Using plugins and social widgets for LinkedIn, Facebook, Twitter, Instagram and
b) Plugins for Youtube and Vimeo Video
10.Data transfer to third parties
a) Data transfer to TMK
b) Transfer of data to the central audit archive
11.Right to object

TMK takes the protection of your data very seriously. With this data protection declaration we want to inform you in a transparent manner about which personal data (“your data”) we collect, process and use about you when you visit our website and/or use our digital communications.

 

1.INFORMATIVE USE OF THE WEBSITE

You can visit our website and use some of our Internet documents without providing any personal information. Each time a web page is accessed, the web server simply automatically stores access data in so-called server log files that your browser automatically communicates, such as the name of the requested file, the last web page visited, the date and time of access, the browser used, the data volume transmitted, the IP address, the requesting provider, etc. The web server does not store this data. As part of the processing on our behalf, a third-party provider provides us with website hosting and presentation services.

To shorten the loading time of our online presence, we also use a so-called Content Delivery Network (“CDN”), where the website is delivered via web servers of a CDN provider who works for us in the context of order processing. Access data is also collected on the provider’s web servers.

All access data is stored for a period of 7 days. This data is evaluated exclusively to ensure the smooth operation of the website, error analysis and to improve our offer. The use of a CDN provider, as well as the procedure described here, serves to safeguard our legitimate interests in a correct presentation of our offer, which predominates in the context of a balancing of interests.

 

2.COLLECTION AND USE OF DATA FOR THE PROCESSING OF COMMUNICATIONS

We collect personal data when you contact us (e.g. via a contact form or e-mail), when you register for a user account (“TMK Account”). Which data is collected in detail and which data is mandatory and voluntary can be seen in the respective input forms.

In these cases, we collect and process the data you have provided to us in order to carry out the corresponding communications.

For the fulfillment of payments, we pass on your data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the ordered service. Depending on the payment service provider you choose in the order process, we transmit the payment data collected for payment processing to the credit institution in charge of payment and, if applicable, to the payment service providers commissioned by us or to the selected payment service. In some cases, the selected payment service providers also collect this data if you create an account there. In this case, you must log in to the payment service provider with your access data during the ordering process. The data protection declaration of the respective payment service provider shall apply in this regard.

Within the framework of the performance of our contracts with you, for example, with regard to our service offerings, we may pass on your data to service providers who process it on our behalf and within the framework of an existing contract for order processing between TMK and the respective service provider. Such a service provider may be, for example, the software provider that TMK uses to process contracts.

 

3.TMK REGISTRATION AND ACCOUNT

If you leave comments or contributions, exchange information with other users, participate in digital campaigns, purchase services in the online store, borrow digital media or use our online services, registration and creation of a “TMK account” is required. To register, we process your registration data (e-mail address and password), with which you have access to personalized offers from TMK, to your consents.

a) Your personal data and the content created by you

At the time of TMK account creation, only mandatory data is provided that is absolutely necessary for the realization of our offers or any contractual relationship that may exist with you.

You can voluntarily provide further information about yourself and publish content (so-called user-generated content), such as a photo of yourself, texts in the form of blog or forum entries, discussion posts, etc. Which data is collected in detail and which data is mandatory and voluntary can be seen in the respective input forms. We process the voluntarily provided data to safeguard the prevailing common interests in a diverse exchange within the framework of our platform.

b) Personalized marketing

For marketing purposes we also use the data you provide in your user account for a personalized design of our website and internet offers, e.g. a personal homepage and profile area in which we present you with suitable offers.

c) Publication of data

If you consent to the processing of your data for the creation of a user account, other users can see the data you have left through the TMK account, such as your name or user name, your contributions, including date and time of creation and your guestbook entries.

d) Merging of data

If you have already provided personal data to another TMK service in the past and give your consent, we will merge the previously provided data with your data in the Internet services described here that require registration. The same applies in the opposite direction: If you wish to use other services on the TMKL website in the future, we would like to make your data available to these services internally via our central customer database, so that you can also use them conveniently without having to re-enter your data.

e) Deletion

If you do not confirm your registration within 7 days, your TMK account will be deleted together with the data provided during registration. If you confirm the registration, a user account will be created in accordance with the present explanations. It is possible to delete your TMK account and your data stored there at any time and you can do so by sending a message to the contact option described below or via a function provided for this purpose in the user account.

4.GOOGLE RECAPTCHA AND GOOGLE MAPS

a) Google reCAPTCHA

To protect against misuse of our web forms and spam, we use the Google reCAPTCHA service as part of some forms on this website. By checking a manual input, this service prevents automated software (so-called bots) from performing abusive activities on the website. This serves to protect our legitimate interests in the protection of our website against misuse as well as in a smooth presentation of our online presence, which predominate in the context of a balancing of interests.

Google reCAPTCHA is an offer of Google LLC (www.google.com).

Google reCAPTCHA uses a code embedded in the website, a so-called JavaScript, as part of the verification methods that enable an analysis of your use of the website, such as cookies. The information automatically collected about your use of this website, including your IP address, is usually transmitted to a Google server in the USA and stored there. In addition, other cookies stored by Google services in your browser are evaluated by Google reCAPTCHA.

No personal data from the input fields of the respective form are read or saved. For more information about Google’s privacy policy, please visit www.google.com/policies/privacy/.

You can prevent Google from collecting the data generated by JavaScript or cookies and related to your use of the website (including your IP address) and processing this data by preventing the execution of JavaScripts or the installation of cookies in your browser settings. Please note that this may limit the functionality of our website for your use.

b) Google Maps
On our website we use the integration of Google Maps to display geographic information in a visual form. This serves to safeguard our legitimate interests, which predominate when weighing interests, in an optimized presentation of our range of services in specific locations.

Google Maps is a service of Google LLC (www.google.com).

When using a website on which Google Maps is integrated, the Google web server also automatically collects access data in so-called server log files, which your browser automatically communicates, such as the name of the requested file, the website last visited, the date and time of the call, the browser used, the data volume transmitted, the IP address, the requesting provider, etc. When using Google Maps, Google also processes data on the use of Google Maps functions by visitors to the website.

For more information about Google’s privacy policy and preferences, please visit www.google.com/policies/privacy/.

 

5.DATA COLLECTION AND USE FOR DIRECT MARKETING PURPOSES

a) Postal advertising
We reserve the right to use your first and last name, your postal address for our own advertising purposes, e.g. to send interesting offers and information about our services by post. This serves to protect our legitimate interests in an advertising approach to our customers, which predominates in the context of a balancing of interests. You can object to the storage and use of your data for these purposes at any time by sending a message to info@toolsmk.com.

b) E-mail newsletter
If you subscribe to one of our newsletters, we will use the data required for this or that you have communicated to us separately to send you the e-mail with the subscribed newsletter on a regular basis. The sending of e-mail newsletters takes place on the basis of your express consent. For security reasons we use the so-called double opt-in procedure: We will not send you the e-mail newsletter until you have confirmed your subscription to the newsletter. For this purpose, we will send you an e-mail to confirm your subscription via the link contained in the message. This is to ensure that only you can subscribe to the newsletter as the owner of the email address provided.

The newsletter is sent as part of a processing on our behalf by a service provider to whom we transmit your e-mail address for this purpose.

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 advertising e-mail, without incurring any costs other than the transmission costs according to the basic rates.

 

6.COOKIES

In order to make your visit to our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. This serves to safeguard our legitimate interests in an optimized presentation of our offer, which predominate in the context of a balance of interests. These are small text files that are stored on your mobile device.

Some of the cookies we use are deleted after the end of the browser session, i.e. after closing the browser (so-called session cookies). Other cookies remain on your terminal device and enable us to recognize your browser on your next visit and allow you to log in automatically if necessary (persistent cookies). For example, if you activate the “Stay logged in” option when accessing TMK by checking a box, a cookie will be created that allows us to recognize you when you visit the TMK website within a certain period of time.

You can view the runtime of persistent cookies through your browser. You can configure your browser in such a way that you are informed about the cookie settings and decide individually about accepting or excluding the acceptance of cookies in certain cases or in general. Each browser differs in the way it handles cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You will find them for the respective browsers at the following links:

Internet Explorer™: http://windows.microsoft.com/es-ES/windows-vista/Block-or-allow-cookies

Safari™: https://support.apple.com/kb/ph21411?locale=es_ES

Chrome™: http://support.google.com/chrome/bin/answer.py?hl=es&hlrm=es&answer=95647

Firefox™: https://support.mozilla.org/es/kb/habilitar-y-deshabilitar-cookies-sitios-web-rastrear-preferencias

If cookies are not accepted, the functionality of our website may be limited.

 

WEB ANALYSIS
a) Webtrack
We use the services of (www.webtrekk.com), in order to collect statistical data on the use of our website, improve our website, enable an analysis of the use of our website and compile reports on website activities. This serves to safeguard our legitimate interests in an optimized presentation of our offer, which predominate in the context of a balance of interests. Cookies may be used for this purpose. Within the framework of this monitoring, anonymized user profiles are created. These are not merged with the personal data of the holder of the pseudonym without the express and separate consent of the holder of the pseudonym. After termination of our use of Webtrack, the data collected in this context will be deleted.

You can object to this data collection and storage at any time with effect for the future by sending an e.mail to info@tmk.com.co.

In order to take your objection into account on your next visit to the website, a cookie will be stored in your browser. Following your objection, an opt-out cookie will be stored on your terminal device. If you delete your cookies, you must have a new e-mail sent.

b) Google (Universal) Analytics
For website analysis, this website uses Google (Universal) Analytics, a web analysis service of Google LLC (www.google.com). This serves to safeguard our legitimate interests in an optimized presentation of our offer, which predominate in the context of a balance of interests. Google (Universal) Analytics uses methods that allow an analysis of your use of the website, such as cookies. The information collected automatically about your use of this website is usually transferred to a Google server in the USA and stored there. By activating IP anonymization on this website, the IP address is shortened before transmission. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. The anonymized IP address transmitted by your browser within the framework of Google Analytics is not merged with other Google data. After termination of the use of Google Analytics by us, the data collected in this context will be deleted.

Google LLC is headquartered in the USA and is certified under the EU-US Privacy Shield. Here you can see a certificate in action here. In addition, an adequate level of data protection has been established for companies certified under the Privacy Shield.

You can prevent Google from collecting the data generated by cookies and related to your use of the website (including your IP address) and processing this data by Google by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=es.

As an alternative to the browser plugin you can click on this link to prevent Google Analytics from collecting data on this website in the future. An opt-out cookie will be stored on your terminal device. If you delete your cookies, you must click the link again.

 

7.REMARKETING
a) Google AdWords Remarketing

We use Google Adwords to advertise this website in Google search results and on third-party websites. For this purpose, a so-called Google remarketing cookie is set when you visit our website, which automatically enables interest-based advertising by means of an anonymized cookie ID and on the basis of the pages you have visited.

Any further processing will only take place if you have agreed with Google that your web and application browsing history will be linked to your Google account and that your Google account information will be used to personalize the advertisements you see on the website. If you are logged in to Google during your visit to our website, Google will use your data together with Google Analytics data to create and define target group lists for further marketing across devices. For this purpose, Google temporarily links your personal data with Google Analytics data to form target groups. After termination of the use of Google AdWords Remarketing by us, the data collected in this context will be deleted.

Google AdWords Remarketing is a service of Google LLCLLC (www.google.com). Google LLC is based in the United States. Here you can see the current certificate: https://www.privacyshield.gov/list

You can deactivate the remarketing cookie here. In addition, you can register here: Digital Advertising Alliance to inform you about cookie settings and make the relevant settings.

b) DoubleClick
This website also uses the so-called DoubleClick cookie as part of the Google Analytics application (see above), which makes it possible to recognize your browser when you visit other websites. The information automatically generated by the cookie about your visit to this website is transferred to a Google server in the USA and stored there. The IP address will be shortened by activating IP anonymization on this website before transmission. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. The anonymized IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. After termination of the use of Google DoubleClick by us, the data collected in this context will be deleted.

Google will use this information to compile reports on website activity and to provide other services related to website usage. Google may also transfer this information to third parties if required to do so by law or if third parties process this data on Google’s behalf.

Google Double Click is a service of Google LLCLLC (www.google.com).

Google LLC is headquartered in the United States. You can view the current certificate here: https://www.privacyshield.gov/list

You can deactivate the DoubleClick cookie here. In addition, you can register here: Digital Advertising Alliance to inform you about cookie settings and make the relevant settings.

1.c) Google Tag Manager
We also use Google Tag Manager to manage usage-based advertising services. The Tool Tag Manager itself is a cookie-free domain and does not collect any personal data. Rather, the tool activates other tags that may in turn collect data (see above).

Google Tag Manager is a service of Google (www.google.com). Google LLC is headquartered in the United States. The European Commission has made a decision on the suitability of this country. This goes back to the EU US Privacy Shield, under which Google LLC is certified. You can see a current certificate here: https://www.privacyshield.gov/list

If you have deactivated the domain or cookie level, it will remain for all tracking tags implemented with the Google Tag Manager.

1.d) Facebook Retargeting
Through Facebook (Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA) we advertise this website on the Facebook platform. For this purpose, when you visit our website, a Facebook cookie is set, which enables interest-based advertising by means of an anonymized cookie ID and on the basis of the pages you have visited.

As a Facebook member you can deactivate the retargeting cookie via the following link.

https://www.facebook.com/ads/website_custom_audiences/

Alternatively, you can set your browser to inform you about the cookie settings and decide individually whether you want to accept cookies or exclude the acceptance of cookies in certain cases or in general. If cookies are not accepted, the functionality of our website may be limited.

9.SOCIAL NETWORKS
a) Use plugins and social widgets from LinkedIn, Facebook, Twitter, Youtube and Instagram.
Social buttons and widgets of social networks are used on our website.

In order to increase the protection of your data when you visit our website, these buttons and widgets are not fully integrated into the page, but only through the use of an HTML link. This integration ensures that no connection is established with the servers of the respective social network provider when you visit a page of our website containing such buttons.

If you click on one of the buttons, a new browser window will open and the page of the respective service provider will open, where you can (if necessary after entering your login data), for example, click on the share button.

The purpose and scope of data collection and the further processing and use of data by the providers on their pages, as well as the possibility of contact and your relevant rights and setting options for the protection of your privacy can be found in the data protection information of the providers:

Facebook data protection notice
Data protection notice from Twitter
Data protection notice for LinkedIn
Data protection notice for Instagram

The Google Analytics tracking tool is automatically integrated into the Vimeo videos that are embedded on our site. We have no influence on the analytics results and cannot see them. In addition, web beacons are set up for website visitors by embedding Vimeo videos when they are activated. To prevent the use of Google Analytics tracking cookies, you can take the usual precautions to disable Google Analytics. For more information, see the section on web analytics.

The purpose and scope of data collection and the further processing and use of data by the providers, as well as your relevant rights and settings options for protecting your privacy can be found in the data protection information of the providers:

Youtube / Google: https://www.google.de/intl/es/policies/privacy/
Vimeo: https://vimeo.com/privacy

10.DATA ACCURACY

We protect our website and other systems by technical and organizational measures against loss, destruction, access, modification or distribution of your data by unauthorized persons, such as the creation of a TMK account or subsequent access via SSL encryption.

If you have any questions about the collection, processing or use of your personal data, information, correction, restriction of processing or deletion of data or revocation of any consent or objection to a specific use of the data, as well as the right to data portability, please contact our company’s data protection officer:

TMK S.A.S.
Cra 19b 85 33

info@tmk.com.co
+571 3333-033-3545

 

11.RIGHT TO OBJECT

Insofar as we process personal data as described above in order to protect our legitimate interests, which predominate within the scope of a balance of interests, you may object to this processing with effect for the future. If the data is processed for direct marketing purposes, you may exercise this right at any time as described above. If the processing is carried out for other purposes, you are only entitled to a right to object if there are reasons arising from your particular situation.

After exercising your right to object, we will no longer process your personal data for these purposes, unless we can demonstrate compelling grounds for the processing that outweigh your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.

This does not apply if the processing is carried out for direct marketing purposes. We will then not process your personal data for this purpose.