Data Protection & Use of Website

Information about use of the website and data protection information

Data protection

General

RHI Magnesita GmbH ("us", "we", "RHI") takes the protection of your data and your trust in us very seriously. This data protection declaration applies if you visit or use our website. RHI observes the applicable legal regulations for the protection, lawful handling and confidentiality of personal data, as well as for data security, in particular the Austrian Data Protection Amendment Act 2018 ("DSG"), the European General Data Protection Regulation ("GDPR") and the Telecommunications Act ("TKG"). In the following, we would like to inform you about the gathering, use and transfer of your personal data in connection with your visit to and use of our website www.prospectus.rhimagnesita.com ("Website"). Apart from the context described in this data protection information, we only gather personal data on/through our Website if you provide this yourself in order to use one of our services offered (e.g. establishing contact via the contact form or e-mail).

Personal data

Personal data is information about natural persons that determines their identity or allows it to be determined e.g. name, e-mail address, IP address. The type and amount of personal data of yours that we process directly is always dependent on how you interact with us and what personal data you provide us with. It can especially comprise

  • contact details (in particular name, e-mail address, postal address, telephone number);
  • professional details (in particular job position, employer);
  • comments, feedback and other information that you provide us with, including details about search enquiry, questions or information that you send to customer service;
  • computer, device and connection information such as IP address, browser type and version, operating system and other software installed on your used devices, as well as mobile platforms and clear device identification, and other technical identifiers, fault reports and performance data; and/or
  • usage data e.g. the functions you use, your chosen settings, your URL click stream data, including date and time stamp, search criteria and pages you have used.

Establishing contact

If you contact us (e.g. via e-mail or telephone), we process the personal data you provide us with, for the purpose of processing and answering your enquiry. This of course also applies if you contact us through a contact form via our Website.
Please note:
Declining to provide necessary personal data can restrict our service or render it impossible.

Google Analytics

This Website uses Google Analytics, a web analysis service provided by Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043, USA ("Google"), with the aim of continuously improving the functions and services of the Website. The data gathered for this is not merged with other personal data by RHI.

Google Analytics uses so-called "cookies": text files that are deposited on your computer and that enable an analysis of your use of the Website (esp. user figures/day; via which links/search words; viewed content etc.) If this involves a processing of your personal data (the IP address), this is on the basis of our legitimate justified interest in compiling easy-to-use Website access statistics in a cost-efficient manner and in continuously improving our Website for our customers and business partners. The information generated through the cookie about your use of this Website (including IP address and URLs of the accessed websites) is generally passed on to a Google server in the USA and stored there. RHI does not store any of your data that is gathered in connection with Google Analytics.

Due to the activation of IP anonymisation on this Website, your IP address is shortened/anonymised by Google as soon as Google receives your IP address and can therefore no longer be attributed to you. This anonymisation/abbreviation is carried out within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. It is only in exceptional cases that the full IP address is transmitted to a Google server in the USA and shortened there. For these exceptional cases, Google is subject to the EU-US Privacy Shield.

Google will use this information on our behalf to evaluate the usage of the Website, to compile reports about the Website activities and to provide further services associated with website usage and Internet usage.

You can prevent the storage of the cookies by means of a corresponding setting of your browser software (https://tools.google.com/dlpage/gaoptout?hl=en - (mobile devices not supported)) or by clicking on "deactivate Google Analytics" to deactivate Google Analytics for this page (mobile devices supported). However, we would like to point out that in this case it is possible that not all functions of this Website can be used to a full extent. Further information about the gathering and processing of data as part of Google Analytics can be found at
www.google.de/policies/privacy/partners or at https://support.google.com/analytics/answer/6004245?hl=en or https://marketingplatform.google.com/about/

Web server logs

If you visit our Website, the server that hosts our web presence ("web server") automatically gathers certain information about you and logs it, such as IP address, the date, the time and the transferred data volume of your visit, the subpages you have visited, the browser you used (e.g. Internet Explorer), the operating system you used (e.g. Windows 7) or the domain name and the address of your Internet provider.

Cookies

We use browser cookies to make our offer on this Website more user-friendly, more effective and also more secure. Cookies are small text files that a web server sends to your browser when you visit a website. These text files contain data about visited websites that your browser stores when surfing the Internet. Some cookies are deleted automatically when you close the browser. These cookies, which especially ensure that your details during a session are preserved, only remain until you end your Internet session and close your browser fully. They do not contain any personal data, are not merged with such and only serve the purpose of statistical analyses.

Some cookies remain stored on your end device and are only deleted after a certain time period, which varies depending on the cookie, or through manual deletion.

You have the possibility, through settings on your respective browser, to suppress, show and remove these cookies yourself. To do so, please use the help function on your browser or the privacy settings of your respective mobile device.

Note: If you change the settings in your browser, it is possible that you will not be able to use all the functions of our Internet page to a full extent.

Legal basis and storage periods

The data processing above is carried out on the basis of our justified interest according to Art. 6 para 1 lit f GDPR (e.g. cookies) and also if applicable on the basis of your consent according to Art. 6 para 1 lit a GDPR. The processed personal data is used for statistical evaluations, as well as for the purpose of the operation, security and constant optimisation of the Website and the best possible attention to your enquiry (legitimate interest). Usage of your personal data beyond this only takes place with your consent. When gathering your personal data, if no specific storage duration is indicated, your personal data is deleted if it is no longer required for fulfilling the intended purpose, if there is no longer any legitimate interest and if no further legal storage periods (e.g. tax or corporate law storage obligations) provide for longer storage periods.

Transmission and passing on of personal data

Your personal data can be passed on to

  • offices and persons within the RHI Magnesita corporate group as well as externally (e.g. lawyer), if this is necessary for the fulfilment of contractual, legal or monitoring duties, to safeguard justified interests, or to process your enquiry;
  • public offices and institutions, insofar as we are legally obliged to do so (e.g. public authorities, court);
  • third parties we have appointed, e.g. for IT services, if this is necessary for the fulfilment of our tasks, to execute our contractual obligations or based on legal provisions ("Data Processor");
  • third parties, if this is necessary for contract fulfilment or due to legal obligations.

In addition, we will not pass your personal data gathered due to use of the Website on to third parties without your consent. We would like to point out that we have appointed a third-party as authorised Data Processor that is available as IT support. This refers to Strike!IT Agentur OG, Donau-City-Straße 6/2. OG/1, 1220 Vienna. Data Processors are contractually bound to comply with all data protection regulations, especially also to preserve data confidentiality. We do not use any exclusively automated decision-making in accordance with Art. 22 GDPR as part of the data processing through use of the Website. This means that no decision about you, justification of or the carrying out of a business relationship is made on a purely automated basis. Should such exclusively automated decision-making processes occur in individual cases, we would inform you about this specifically.

Data processing locations

Your personal data can be processed in Austria or another country in which the RHI Magnesita group and/or its data processors have servers and facilities. In such cases, we take appropriate measures, especially through corresponding contractual agreements, to ensure that your personal data is always protected according to GDPR. If personal data is transmitted outside of the EU/EEA to a country for which there is no corresponding adequacy decision by the European Commission, we rely on suitable guarantees such as those of the standard contract clauses authorised by the European Commission or the US Privacy Shield (www.privacyshield.gov).

Your rights

You are entitled to the rights to information, correction, deletion, restriction, data portability and objection. If the processing of your personal data is based on your consent, you can revoke this consent at any time at dataprivacy@rhimagnesita.com without it affecting the lawfulness of the data processing up to the time of your revocation. To claim these rights, if you believe that the processing of your personal data infringes applicable data protection law or your data protection rights have otherwise been contravened, you can complain to us or to the data protection authority at the contact details below. As your satisfaction is important to us, we kindly request that you notify us directly of any complaints or comments:

RHI Magnesita GmbH
Attn. Data Protection Coordinator
Kranichberggasse 6, A-1120 Vienna, Austria
Telephone: +43 502 13-0 Fax.: +43 502 13-6213
dataprivacy@RHIMagnesita.com
Of course you can also direct such complaints to the Austrian Data Protection Authority, Wickenburggasse 8, A-1080 Vienna, Tel.:01/ 531 15-202525, Fax.: 01/ 531 15-202690, dsb@dsb.gv.at.

To prevent data misuse, we kindly request your understanding that we can only answer such enquiries after checking and confirming your identity (if necessary by requesting further verification).

Use of the Website

The use of our Website (access, storage, printing) is only permissible under the following conditions:

Ownership rights and copyright

If not specified otherwise, the ownership rights and copyright for information and documents provided on the Website lie exclusively with us. Use of the Website, of associated webpages, documents and data, is only permitted for personal information purposes or for private use. Usage beyond this, especially incorporation, storage or reproduction of the content in other websites, in other electronic, digital or other media or systems, as well as any copying, processing or commercial use, require explicit prior permission in writing.

Currentness and correctness

We apply the required care in business operations to ensure that the information on the Website is correct and current. We do not guarantee availability, completeness, correctness or currency. We also reserve the right to carry out changes or additions to the provided information without prior notice. We assume no guarantee or liability for any direct or indirect damages in connection with any use of the Website.

Brand rights

All trademarks, logos, images etc. used and shown on the Website and the associated brand, usage and copyright rights are owned exclusively by us or the indicated rights owner. Use of these, regardless of the presence of a corresponding indication such as ® oder ™, is explicitly prohibited. Downloading and/or use of the image data available on the Website is fundamentally prohibited. The use of image data is permissible exclusively for media purposes and only image data that has been provided by us in the download area of the Website is to be used for this purpose.

Share trading

None of the information contained on the Website or in associated documents and files is or is intended to represent a solicitation to purchase or trade with shares of RHI Magnesita N.V.

Forward looking statements

Certain statements contained on the Website may constitute "forward-looking statements". Actual results could differ materially from those projected or forecast in the forward-looking statements. The factors that could cause actual results to differ materially include the following: uncertainties as to the timing of the transaction; the possibility that the parties may be unable to achieve expected synergies and operating efficiencies in the merger within the expected time-frames or at all and to successfully integrate Magnesita’s operations into those of RHI; such integration may be more difficult, time-consuming or costly than expected; revenues following the transaction may be lower than expected; operating costs, customer loss and business disruption (including, without limitation, difficulties in maintaining relationships with employees, customers, clients or suppliers) may be greater than expected following the announcement of the transaction; the retention of certain key employees at Magnesita; risks associated with the disruption of management’s attention from ongoing business operations due to the transaction; the conditions to the completion of the transaction may not be satisfied, or the regulatory approvals required for the transaction may not be obtained on the terms expected or on the anticipated schedule; the parties’ ability to meet expectations regarding the timing, completion and accounting and tax treatments of the merger; the impact of the refinancing of the loans taken out for the transaction, the impact of indebtedness incurred by RHI in connection with the transaction and the potential impact on the rating of indebtedness of RHI; the effects of the business combination of RHI and Magensita, including the combined company’s future financial condition, operating results, strategy and plans; other factors discussed in RHI’s public reports such as reports available on the Website. RHI and Magnesita assume no obligation to update the information in their communication, except as otherwise required by law. Readers are cautioned not to place undue reliance on forward-looking statements that speak only as of a specific date.

Links to third-party providers

Links to other websites/internet offers are not to be understood as a recommendation by us for the respective enterprise, its products or services. The respective operators have exclusive responsibility for the contents of other websites. We assume no liability for websites of other providers, nor for the information available on these. Users use the connections to such websites and their content at their own risk and according to the applicable usage conditions.

Non-personal data

If it does not involve personal data, every user of the Website who thereby provides us with data agrees that we receive unrestricted rights to this information and can use it in any form. The information provided by the user is not subject to any confidentiality obligation.

Legal claims

All legal claims arising in connection with the Website and its use are subject exclusively to Austrian law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules of international private law is explicitly excluded. The place of jurisdiction is the responsible court in Vienna, Austria.

Updates

We will update this data protection information and information on the use of the Website from time to time and publish the current information here.

Data Protection Information for Customers and other Business Partners
  1. Data protection

General

RHI Magnesita GmbH takes the protection of your data and your trust in us very seriously. In the course of our business relation with you, e.g. as customer, interested party, distribution partner or supplier, it is necessary for us to process your personal data resp. the personal data of our contact persons.
In the following, we would like to inform you about the processing (inter alia collection, use and transfer) of your personal data in connection with our mutual business relation.
Apart from the context described in this data protection information, we only gather personal data on/through our Website and if you provide this yourself in order to contact us. Detailed information thereof can be found on all of our websites

Personal data

Personal data is information about natural persons that determines their identity or allows it to be determined, e.g. name, e-mail address, IP address.
The type and amount of personal data of yours that we process directly is always dependent on our business relation, how you interact with us and what personal data you provide us with. It can in particular comprise

  • contact details and preferences of contact (in particular title, name, business email address, postal address or (mobile) phone number);
  • further professional details (in particular job position, employer, customer/supplier number);
  • access data (in particular user data and passwords, security information);
  • payment data (in particular data necessary for the processing of payment transactions or fraud prevention, credit card information and security numbers, VAT number, data on creditworthiness, credit limit);
  • information collected from publicly available sources, information data bases and credit agencies;
  • further personal data that has to be processed to initiate, process and manage (contractual) relationships and maintain business relationships or that you voluntarily provide us with (in particular orders placed, order details, delivery address, inquiries or project details, correspondence, other data pertaining to the business relationship);
  • insofar as legally necessary for compliance screenings: birth date, authentication information (ID and ID data), information on relevant court procedures and other legal disputes you might be involved in; and
  • use of social-media.

Legal basis

We process your personal data for the following purposes:

  • communication about products, services and projects, e.g. to process inquiries or to provide technical information about products;
  • initiate, process and manage (pre/contractual) relationships and maintain business relationships, e.g. to process orders of products and services, to process payments, for accounting, billing and collection purposes, to make deliveries, to carry out maintenance activities and repairs;
  • conducting of events, customer surveys, marketing campaigns, market analysis, sweepstakes, contests and other similar activities;
  • maintaining and protecting the security of our products, services and websites, prevention and detection of security threats, fraud and other criminal or malicious activities;
  • ensuring compliance with legal obligations (e.g. compliance screenings) and internal guidelines; and
  • settling of disputes, enforcement of contractual agreements and establishment, exercise of defence of legal claims.

The processing of the personal data is necessary for the fulfillment of the purposes listed above, including the implementation of a contractual relation resp. a precontractual activity with our business partners.

Attention: Please note that the refusal to provide us with the ncessary personal data might restrict or render the provision of our services impossible.

The data processing above is carried out pursuant to to Art. 6 para 1 lit b GDPR for the implementation of (pre)contractual business relations, based on our justified and legitimate interests pursuant to Art 6 Abs 1 lit f GDPR (initiation, processing and management of business relations) as well as eventually based on your consent pursuant to Art 6 Abs 1 lit a GDPR (e.g. application for newsletter).

Retention period

If during the gathering of your personal data no specific storage duration is indicated, your personal data is deleted if it is no longer required for fulfilling the intended purpose, if there is no longer any legitimate interest and if no further legal storage periods (e.g. tax or corporate law storage obligations) provide for longer storage periods.
Transmission and passing on of personal data

Your personal data can be passed on to
- offices and persons within the RHI Magnesita corporate group and externally (e.g. lawyer, further business partner such as logistic and transport companies), if this is necessary for the fulfilment of contractual, legal or monitoring duties, to safeguard justified interests, or to process your enquiry;
- third parties mandated by us ("data processors"), e.g. for IT-services, if this is necessary for the fulfillment of our duties or the fulfillment of contractual obligations or due to legal obligations (e.g. credit institutions/payment service providers for the payment process, suppliers for the delivery of products);
- public offices and institutions, insofar as we are legally obliged to do so (e.g. public financial authorities or courts).

We would like to point out that our data processors are contractually bound to comply with all data protection regulations, especially also to preserve data confidentiality.
We do not use any exclusively automated decision-making in accordance with Art. 22 GDPR as part of the data processing through use of the Website. This means that no decision about you, justification of or the carrying out of a business relationship is made on a purely automated basis. Should such exclusively automated decision-making processes occur in individual cases, we would inform you about this specifically.

The recipients described here are possibly located in countries outside of the European Union that do not legally provide for the same data protection level.
In such cases, we take appropriate measures, especially through corresponding contractual agreements, to ensure that your personal data is always protected according to GDPR. If personal data is transmitted outside of the EU/EEA to a country for which there is no corresponding adequacy decision by the European Commission, we rely on suitable guarantees such as those of the standard contract clauses authorized by the European Commission or the US Privacy Shield (www.privacyshield.gov).

Your rights
You are entitled to the rights to information, correction, deletion, restriction, data portability and objection. If the processing of your personal data is based on your consent, you can revoke this consent at any time at dataprivacy@rhimagnesita.com without it affecting the lawfulness of the data processing up to the time of your revocation.
To claim these rights, if you believe that the processing of your personal data infringes applicable data protection law or your data protection rights have otherwise been contravened, you can complain to us or to the data protection authority at the contact details below.

As your satisfaction is important to us, we kindly request that you notify us directly of any complaints or comments:
RHI Magnesita GmbH
Attn. Data Protection Coordinator
Kranichberggasse 6
1120 Vienna, Austria
Tel.: +43 502 13-0
Fax.: +43 502 13-6213
dataprivacy@RHIMagnesita.com

Of course you can also direct such complaints to the Austrian Data Protection Authority, Wickenburggasse 8, 1080 Vienna, Tel.:01/ 152152-0, dsb@dsb.gv.at.

To prevent data misuse, we kindly request your understanding that we might only answer such enquiries after checking and confirming your identity (if necessary by requesting further verification).

Updates

We will update this data protection information from time to time and publish the current version here.