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Data Privacy Policy

Thank you for your interest in our Internet presence and the contents provided. As the protection of the privacy of site visitors and our customers as well as compliance with all statutory provisions on the protection of personal data as included in the Federal Data Protection Act and in the Telemedia Act are of utmost importance to us you will learn more about how we process your data in the following paragraphs:

Data collection and data processing

If our site and the data stored there are accessed , such access will be recorded for statistical purposes and in order to improve our on-line services. No personal details can be inferred from these access data. Such data are stored in so-called server log files. The following data are recorded and stored: name of accessed file, date and time of access, quantity of data transferred, information about access, IP address of requesting device.

Personal data will only be recorded, if provided voluntarily by a site user (e.g. inquiries – e-mail or contact form on our website) or as part of contractual agreements with us.

Controller in terms of the General Data Protection Regulation

The operator of the site currently accessed by you is the controller in terms of the General Data Protection Regulation. Our contact data can be found in the provider identification (imprint) of the site you are visiting.

Data collection and data processing

1. Generation of log files during your visit to our site If our site and the data stored there are accessed, data will be recorded automatically. We will store these data in so-called server log files. The following data are recorded and stored:

There is no merging of these data with other personal data of a site visitor. Therefore, such information do not contain any reference to you.

Purpose of processing

Your IP address must be stored as otherwise no site content can be transferred to your computer. Your IP address must be stored during a session – i.e. the connection between your Internet browser used to access the site on the one hand (so-called “client-based use”) and our server used to operate the site on the other hand. Your data are stored in server log files in order to provide the functionalities of our site and to ensure an optimization of the site you are visiting. Furthermore, these data help us maintain the safety level of the information technology systems used.

Legal basis for data processing

Section 15 I, Telemedia Act (up to and including 24-05-2018) and after that (i.e. from 25-05-2018) Art. 6 I, letter f, GDPR,) is the legal basis for the storage of data and for the server log files, considering the purpose of processing described (processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party).

Storage period

We will automatically erase all stored access data as soon as they are no longer needed to achieve the purpose of collection. In terms of the provision of our site this is the case when the respective session (i.e. the connection between your Internet browser used to access the site on the one hand (so-called “client-based use”) and our server used to operate the site on the other hand is terminated. The stored IP address and the respective server log file will be erased max. 7 days after the date of storage to prevent any assignment of the other data (name of accessed file, date and time of access, quantity of data transferred, access information, browser type, operating system used by visitor) to the requesting device and its IP address.

Opt out

Data collected for the purpose of providing our site and the storage thereof in server log files are indispensable and absolutely necessary to provide our Internet presence. Therefore, there is no opt out in this respect.

2. Processing personal data in case of inquiries about our services and products Personal data will be collected, if a site user provides them voluntarily (e.g. inquiries about our services and products by e-mail). Personal data of an inquirer transmitted along with an inquiry are stored. Such data will not be disclosed to third parties and they will solely be used to deal with the correspondence with an inquirer initiated by an inquiry.

Purpose of processing

Data transferred to us in the course of an inquiry about services and products are used to deal with such inquiry and corresponding replies thereto.

Legal basis for data processing

Section 28 I 1, para. 2, Federal Data Protection Act (up to and including 24-05-2018) and after that (i.e. from 25-05-2018) Art. 6 I f, GDPR, is the legal basis for the storing of those data transferred to us in the course of inquiries about our services and products (processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party). If an inquiry already aims at the conclusion of a contract with us, Section 28 I, subpara. 1, Federal Data Protection Act (up to and including 24-05-2018) and after that Art 6 I b, 2nd alternative, GDPR (from 25-05-2018) is the legal basis for data processing.

Storage period

We will erase all data transferred and/or collected in the course of inquiries about services and products at the moment when they are no longer needed to achieve the intended purpose. As far as an inquiry about our services and products is concerned this means when the question was answered by us and if it arises from the circumstances that no additional correspondence with an inquirer concerning his request will be required.

Option to object

An inquirer is entitled to object to the storage of his personal data. However, his questions can no longer be answered. If you want to file an objection, we would be grateful, if you filed your objection in writing. Please send the notice of objection (by letter, e-mail or fax) to the points of contact detailed in the imprint of our website. Upon receipt of your objection all personal data transferred as part of an inquiry and stored here will be erased without delay.

3. Processing personal data in inquiries about our services and products using the “dsa Secure” contact form

In order to receive and process your inquiries we use a contact form provided by dsa Marketing AG (www.dsa-marketing.ag; Im Lipperfeld 22 a – 24, 46047 Oberhausen, that is integrated into our website by way of an “iFrame”. An “iFrame” is an “HTML” element positioned as a frame and/or window within our website. “HTML” is a text-based programming language for websites. The contact form used as provided by dsa Marketing AG is encrypted by way of the “Secure Sockets Layer” (SSL) network protocol. If you send an inquiry via said contact form, it will be transmitted first to the dsa Marketing AG server, stored there temporarily and automatically transmitted to us without there being a processing of personal data given in your inquiry for the aforementioned company’s own purposes or third party purposes (expressly excluding us). After that final transmission dsa Marketing AG will automatically erase all your personal data. According to dsa Marketing AG all employees involved in the transmission and deletion procedures internally signed declarations of commitment ensuring compliance with all data protection requirements and they undertook to keep secrecy.

Purpose of processing

Processing data transmitted in the course of inquiries about services and products is used to process inquiries and to respond to them.

Legal basis for data processing

Section 4 I, Federal Data Protection Act in conjunction with Sections 12 and 13, Telemedia Act (up to and including 24-05-2018) and Art. 6 I a, GDPR (from 25-05-2018) is the legal basis for data processing when using the “dsa Secure” contact form and in the event that we have obtained a site visitor’s consent given voluntarily (data subject has given consent to the processing of his or her personal data for one or more specific purposes).

Obtaining your consent

Prior to sending the completed “dsa Secure” contact form you are informed about this privacy statement. We ask you to consent to the respective processing of data.

Right of withdrawal

You may withdraw your consent to the processing of personal data. If you withdraw your consent we would be grateful, if you sent your notice of withdrawal in writing. Please send the notice of withdrawal (by letter, e-mail or fax) to the points of contact detailed in the imprint of our website. Upon receipt of your notice of withdrawal all personal data transferred as part of an inquiry and stored here will be erased without delay unless there is a different legal basis for the processing of these data. The lawfulness of the processing of your data prior to your withdrawal is not affected by the notice of withdrawal.

Storage period

If you do not withdraw your consent, we will erase all data collected and/or transmitted in the course of inquiries about services and products from the date at which they are no longer needed to achieve the intended purpose. In case of inquiries about our services and products this means when we respond to your inquiry and if it arises from the circumstances that no additional correspondence with an inquirer concerning his request will be required.

Processing personal data for contract initiation, performance of a contract and modification of a contract

We process personal data that are needed to bring about a contract between you and us in order to perform or modify same. The following data are processed:

Depending on the subject matter of a (contractual) performance additional data may be required. If payment is effected by way of the SEPA direct debit procedure, the following additional data will be processed:

- Contracting party’s contact data. If a payment by credit card is agreed, the following additional data will be processed:

- Contracting party’s credit card data. If a purchase of services and/or products ordered is subject to statutory restrictions (e.g. age), those data will be processed that are needed to perform the contract considering the relevant statutory restrictions (e.g. contracting party’s age in case of age restrictions).

Purpose of processing

Aforementioned data are processed in order to perform the contract concluded with us and to provide the services contractually agreed. Disclosure to third parties: The following data needed to perform the contract will be transmitted to third parties:

Considering the respective purpose of processing Art. 6 I b, alternative 1, GDPR, is the legal basis for data processing (processing is necessary for the performance of a contract to which the data subject is a party, with this purpose also including the processing due to steps prior to entering into a contract).

Storage period

Data needed to perform and modify a contractual relationship with us are stored until the expiration of the statutory storage periods (tax, in particular). The storage period for contracts and standing order documents (no booking basis) and shipping documents is 6 years (in case of standing order documents this period starts after expiration of a contract (see Section 147 III, 1, Tax Code). Pursuant to Section 147 II in conjunction with Section 147 I, subpara. 1, 4 and 4a, Tax Code, invoices shall be stored for a period of ten years. After expiration of the statutory storage periods we will erase and/or block these data if no longer needed to enter into or perform a contract.

If no contract is concluded between you and us, we will erase the data collected and/or transmitted for pre-contractual reasons if it arises from the circumstances that an additional correspondence with you in connection with those services and/or goods dialogues or offers we or you referred to is no longer required. Option to object: If the processing of your personal data pertains to pre-contractual steps and if no contract is concluded between you and us, you may object to a storage of data. If you want to file an objection, we would be grateful, if you filed your objection in writing. Please send the notice of objection (by letter, e-mail or fax) to the points of contact detailed in the imprint of our website. Upon receipt of your objection all personal data transferred as part of an inquiry and stored here will be erased without delay.

As regards those data that are needed to perform or modify a contract you cannot exercise an option to object as they are needed for these purposes.

Processing in general

If personal data cannot be collected and used due to factual circumstances and if none of the above constellations applies, data will only be processed if the data subject has consented thereto.

Purpose of processing

Personal data are collected and used in order to provide and improve the functionalities of our website. Art. 6 I a, GDPR, is the legal basis for any data processing for which a consent by a data subject is obtained (data subject has given consent to the processing of his or her personal data for one or more specific purposes).

Right to object

You may withdraw your consent to the processing of personal data. If you withdraw your consent we would be grateful, if you sent your notice of withdrawal in writing. Please send the notice of withdrawal (by letter, e-mail or fax) to the points of contact detailed in the imprint of our website. Upon receipt of your notice of withdrawal all personal data transferred as part of an inquiry and stored here will be erased without delay unless there is a different legal basis for the processing of these data. The lawfulness of the processing of your data prior to your withdrawal is not affected by the notice of withdrawal.

Newsletter dispatch using “Direct Mail”

If you want to receive our e-mail newsletter containing information about our company and our services, your express consent will be needed so we can start our newsletter service in your favour.

Upon receipt of your notice of consent we will send you an authorization mail in which you are requested to confirm the respective link thereby (again) confirming your consent to the receipt of the newsletter.

We use “Direct Mail” for our newsletter dispatch.

Direct Mail is a newsletter organization and analysis service provided by e3 Software, LLC (website: https://directmailmac.com; address: 465 Fairchild Drive, Suite 229, Mountain View, CA 94043, United States of America.

Our website includes a free option to receive newsletters in regular intervals. There is a corresponding input mask. The following min. data must be entered to receive the newsletters:

The data you entered will be stored on the servers of e3 Software, LLC, USA. If you read the newsletter or open a link contained therein, the following additional data will be processed by e3 Software, LLC:

These data are used by e3 Software, LLC in order to provide the newsletter dispatch for us.

On the other hand, e3 Software, LLC will analyse the coverage of the respective newsletters for us, using the data stored on their servers to ensure that e-mail information are received by the addressees. A recipient’s individual behaviour pattern resulting from such analyses is solely used to statistically analyse the newsletter success.

According to e3 Software, LLC the company reserves the right to use these data to improve their own aforementioned services such as the technical newsletter dispatch or the graphic reproduction of newsletters.

As far as we know e3 Software may use these data for their own commercial purposes thus knowing in which state a newsletter addressee lives or is resident.

According to e3 Software, LLC these data will not be transferred to third parties and e3 will not contact a newsletter recipient except for sending the newsletter. For further information on data processing using Direct Mail see the data protection regulations of e3 Software, LLC at:

directmailmac.com/privacy

Purpose of processing

Your e-mail address is collected in order to successfully send the newsletter to you. Your first and last name will be needed to effectively prevent any misuse of our services and an e-mail address communicated to us through the input mask of our website and to take corresponding measures.

We use Direct Mail so we can analyse the behaviour of our newsletter recipients and, based on that, to optimize the quality of our website and the contents and services provided. Using this service we know which buttons or pages of our Internet presence are accessed via hyperlinks included in the newsletter. This way we obtain information on the basis of which we continuously improve our on-line services.

Legal basis for data processing

Section 4 I, Federal Data Protection Act in conjunction with Sections 12 and 13, Telemedia Act (up to and including 24-05-2018) and Art. 6 I a, GDPR (from 25-05-2018) is the legal basis for data processing when using the “dsa Secure” contact form and that we have obtained a site visitor’s consent given voluntarily (data subject has given consent to the processing of his or her personal data for one or more specific purposes).

Obtaining your consent

If you go to the input mask on our website provided for a the receipt of our newsletter, you will be informed about the use of Direct Mail. We ask you to consent thereto and reference is made to this privacy statement.

Right to object

You are entitled to withdraw your consent to the processing of your personal data.

Please send the notice of objection (by letter, e-mail or fax) to the points of contact detailed in the imprint of our website. Upon receipt of your objection all personal data transferred as part of an inquiry and stored here will be erased without delay, provided that there is no different legal basis for the processing of these data.

The lawfulness of the processing of your data prior to your withdrawal is not affected by the notice of withdrawal.

As for the rest, there is a link at the end of each newsletter. By clicking you may stop the subscription thereof.

Data storage period

Data transmitted when receiving a newsletter are stored until your withdrawal of consent. If you withdraw your consent, these data will be erased from our servers and the servers of e3 Software, LLC.

If personal data are stored here for purposes being in contrast to those referred to elsewhere in regard to the use of Direct Mail (e.g. for performance of a contract concluded between you and our company), the processing thereof will remain unaffected by the withdrawal of consent to a newsletter dispatch including the analysis thereof using Direct Mail.

Your rights as data subject

To the extent we process your personal data subjects in terms of the GDPR may exercise the following rights:

1. Right of information

You are entitled to be informed by us whether your personal data are processed here. If so, we are required to furnish (free of charge) information about

Please send your written application for a request for information to the points of contact detailed in the imprint of our website. Pursuant to Art. 12 I 2, GDPR, such information may also be furnished verbally, provided their identity is evidenced in another form.

2. Right to rectification and completion of data

You have the right to demand a rectification of your personal data stored here, if they are inaccurate (see Art. 16, sentence 1, GDPR).

This applies mutatis mutandis to the completion of incomplete personal data (see Art. 16, sentence 2, GDPR).

If you request a rectification or a completion of your personal data, please send your corresponding application in writing to the points of contact detailed in the imprint of our website.

3. Right to erasure of personal data

As data subject in terms of the GDPR you may demand the immediate erasure of your personal data, if one of the following conditions included in Art. 17 I, GDPR, exist:

If we have made your personal data public and if we are required to erase them pursuant to Art. 17 I, GDPR, we, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

Pursuant to Art. 17 III, GDPR, the data subject’s rights defined in Art. 17 I and II, GDPR, do not exist, if data processing is necessary

4. Right to restriction of processing personal data

As data subject in terms of the GDPR you may demand a restriction of your personal data, if the following conditions defined in Art. 18 I, GDPR, exist:

Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State (see Art. 18 II, GDPR).

Pursuant to Art. 18 III, GDPR, we are required to notify you of the restrictions of data processing defined in Art. I, GDPR, provided that you are a data subject in terms of the GDPR. We will do so before the restriction of processing is lifted.

5. Right to notification - notification obligation regarding rectification or erasure of personal data or restriction of processing

If you have exercised your vested right to notification or erasure of your personal data or a restriction of processing these data, we shall be required to communicate any rectification or erasure of personal data or restriction of processing to all recipients to whom your personal data have been disclosed (Art. 19, sentence 1, GDPR).

The controller shall inform the data subject about those recipients if the data subject requests it (see Art. 19, sentence 2, GDPR).

Exception to notification obligation There is no notification obligation pursuant to Art. 19, sentence 1, GDPR, if such notification proves impossible or involves disproportionate effort.

6. Right to data portability

Pursuant to Art. 20 I, GDPR, you have the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format and you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

Pursuant to Art. 20 III 1, GDPR, the right to data portability does not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

When exercising the right to data portability you being the data subject have the right to have the personal data transmitted directly from one controller to another, where technically feasible. This right shall not adversely affect the rights and freedoms of others.

7. Right to object to data processing

Pursuant to Art 21 I, GDPR, the data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6 I, including profiling based on those provisions.

In case of a permissible objection we shall no longer process the personal data unless we demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.

Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing (Art. 21 II, GDPR).

Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC (also called ePrivacy Regulation), the data subject may exercise his or her right to object by automated means using technical specifications.

8. Right to withdraw your consent

If you have consented to the processing of your personal data, you may withdraw such consent at any time.
The lawfulness of the processing of your data prior to your withdrawal is not affected by the notice of withdrawal.

9. Your right in case of automated individual decision-making including profiling

Pursuant to Art. 22 I, GDPR, a data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.

Exceptions to this right (Art. 22 I, GDPR)

Pursuant to Art. 22 I, GDPR, said right shall not apply, if an automated decision

Decisions referred to in Art. 22 II, GDPR, shall not be based on special categories of personal data referred to in Article 9(1), unless point (a) or (g) of Article 9(2) applies and suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests are in place.

In the cases referred to in Art. 22 II, GDPR, the data controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, including the right

10. Right to an effective judicial remedy against a supervisory authority

Pursuant to Art. 77 I, GDPR, you being the data subject in terms of the GDPR, without prejudice to any other administrative or judicial remedy, shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78.

Right of modification

In order to meet all requirements thus safeguarding your and our interests we expressly reserve the right to modify and/or update this privacy statement. We, therefore, ask you to study the privacy statement provided on our website in regular intervals.

Miscellaneous

We endeavour to technically and organizationally protect your personal data against third-party access. In case of an e-mail communication absolute data security cannot be guaranteed. Confidential information should, therefore, be communicated by mail.