Data protection

Data protection policy

Data protection is extremely important to us. Our website can be used without sharing any of your personal data. However, if a data subject would like to make use of special services offered by our company via our website, we may need to process their personal data. If we need to process personal data and there is no legal basis for this processing, we will always obtain the data subject’s consent.

Personal data, such as the name, address, email address or telephone number of a data subject, is always processed in accordance with the General Data Protection Regulation and applicable national data protection regulations. This data protection policy serves to inform the public about how, to what extent and why our company collects, uses and processes personal data. It sets out the rights of data subjects.

We have put in place many technical and organisational measures for data controllers to ensure the maximum protection of personal data processed via this website. However, internet-based data transfers can always involve security breaches, and absolute protection cannot be guaranteed. For this reason, every data subject can choose to share personal data with us in alternative ways, for example by telephone.

1. Definition of terms

The General Data Protection Regulation is based on the terminology used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection policy should be easy to read and understand for the public and our customers and business partners alike. To ensure this, we would first like to explain the terms used.

Below are some of the terms we use in this data protection policy:

  • a) personal data

    Personal data is any information relating to an identified or identifiable natural person (hereinafter: ‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

  • b) Data subject

    A data subject is any identified or identifiable natural person, whose personal data is processed by a data controller.

  • c) Processing

    Processing is any operation or set of operations which is performed on personal data, whether or not by automated means, such as collecting, recording, organising, structuring, storing, adjusting or altering, retrieving, sampling, using, disclosing by transmission, disseminating or otherwise making available, matching or combining, restricting, erasing or destroying it.

  • d) Restriction of processing

    Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.

  • e) Profiling

    Profiling means any form of automated processing of personal data consisting of using personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

  • f) Pseudonymisation

    Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

  • g) Data controller

    The data controller is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

  • h) Processor

    The processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

  • i) Recipient

    A recipient is a natural or legal person, public authority, agency or another body, to which personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular enquiry in accordance with Union or Member State law shall not be regarded as recipients.

  • j) Third party

    A third party is a natural or legal person, public authority, agency or body other than the data subject, data controller, processor and persons who, under the direct authority of the data controller or processor, are authorised to process personal data.

  • k) Consent

    Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to them.

2. Name and address of the data controller

The data controller as per the General Data Protection Regulation, other data protection laws in the member states of the European Union and other regulations pertaining to data protection law is exactly the same as the data officer’s contact details in the legal notice.

3. Cookies

Our webpages use cookies. Cookies are text files that are filed and saved on a computer system via an internet browser.

Many websites and servers use cookies. Many cookies contain a cookie ID. A cookie ID is a unique cookie identifier. It consists of a string used to match the webpages and server with the specific internet browser where the cookie was saved. This allows the visited website and servers to distinguish between the individual browser of the data subject and other internet browsers containing other cookies. A certain internet browser can be recognised and identified from the unique cookie ID.

Using cookies gives users of this website more user-friendly services that would not be possible without the cookies.

Cookies can optimise the information and offers on our website for the user. Cookies allow us, as already mentioned, to recognise users of our website. The purpose of this recognition is to make our website easier for users to use. Visitors to a website that uses cookies, for example, do not have to enter their access data on every visit to the website because this is done by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping basket in the online shop. The online shop remembers the items a customer has placed in the virtual basket via a cookie.

The data subject can reject cookies from our website at any time via the relevant setting on their internet browser and thus permanently reject the use of cookies. Furthermore, previously set cookies can be deleted at any time via the internet browser or other software programs. This is possible in all conventional internet browsers. If the data subject disables cookies in the internet browser they are using, some of the functions on our website may not be fully available.

4. Collection of general data and information

Each time our website is opened by a data subject or an automated system, it collects a range of general data and information. This general data and information are saved in the logfiles of the server. The following data and information can be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accessed our website (‘referrer’), (4) the subpages accessed via an accessing system on our website, (5) the date and time of access to the website, (6) the internet protocol address (IP address), (7) the internet service provider of the accessing system and (8) other similar data and information serving to avert danger in the event of attacks on our IT systems.

No conclusions will be drawn about the data subject in the use of this general data and information. Rather, this information is required to (1) correctly deliver the content of our website, (2) optimise the content of our website and advertising thereof, (3) ensure the long-term functionality of our IT systems and the technology of our website and to (4) provide the required information to law enforcement agencies for prosecution in the event of a cyber attack. This data and information, which is collected anonymously, is therefore evaluated statistically as well as for the purpose of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server logfiles are stored separately from any personal data entered by a data subject.

5. Contacting us via the website

Due to legal regulations, the website contains information allowing fast electronic contact with our company as well as direct communication with us, which also includes a general email address. If a data subject contacts the data controller by email or a contact form, the personal data submitted by the data subject are automatically saved. This personal data voluntarily submitted to the data controller by the data subject is saved for the purposes of processing or contacting the data subject. This personal data is not shared with third parties.

6. Routine erasure and blocking of personal data

The data controller only processes and stores the personal data of the data subject for the period required to fulfil the purpose of the storage or if this has been stipulated by the European legislator or another legislator in laws or provisions to which the data controller is subject.

If the reason for storing the personal data is no longer valid or the retention period stipulated by the European legislator or another legislator expires, the personal data is routinely blocked or erased in accordance with the legal provisions.

7. Rights of the data subject

  • a) Right to confirmation

    Each data subject has the right granted by the European legislator to obtain from the data controller a confirmation as to whether or not personal data concerning them are being processed. If a data subject wishes to assert this right of confirmation, they may contact a member of staff at the data controller at any time.

  • b) Right to information

    Each data subject has the right granted by the European legislator to obtain from the data controller at any time free information about their personal data stored and a copy of this information. Furthermore, the European legislator grants the data subject access to the following information:

    • the purposes of the processing
    • the categories of personal data being processed
    • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
    • where possible, the envisaged period for which the personal data will be stored, or, if that is not possible, the criteria used to determine that period
    • the existence of the right to request from the data controller a rectification or erasure of personal data, or a restriction of the processing of personal data concerning the data subject, or the right to object to such processing
    • the existence of the right to lodge a complaint with a supervisory authority
    • where the personal data are not collected from the data subject: any available information as to their source
    • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and – at least in those cases – meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject

    Furthermore, the data subject has a right to obtain information as to whether their personal data have been transferred to a third country or to an international organisation. Where this is the case, the data subject shall also have the right to be informed of the appropriate safeguards relating to the transfer.

    If a data subject wishes to assert this right to information, they may contact a member of staff at the data controller at any time.

  • c) Right to rectification

    Each data subject has the right granted by the European legislator to obtain from the data controller without undue delay the rectification of inaccurate personal data concerning them. Furthermore, taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed – including by means of providing a supplementary statement.

    If a data subject wishes to assert this right to rectification, they may contact a member of staff at the data controller at any time.

  • d) Right to erasure (right to be forgotten)

    Each data subject has the right granted by the European legislator to request from the data controller the erasure of personal data concerning them without undue delay where one of the following grounds applies and as long as the processing is not necessary:

    • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
    • The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
    • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
    • The personal data have been unlawfully processed.
    • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the data controller is subject.
    • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

    •  

    If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of stored personal data, they may contact a member of staff at the data controller at any time. The member of staff shall ensure that the erasure request is complied with immediately.

    If the personal data has been made public, and if our company as the data controller is obliged pursuant to Article 17(1) of the GDPR to erase the personal data, the data controller, taking account of the available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the data that the data subject has requested erasure by such controllers of any links to, copy or replication of these personal data, as far as processing is not required. The member of staff will arrange the necessary measures in individual cases.

  • d) Right to restriction of processing

    Each data subject whose personal data is processed has the right granted by the European legislator to request from the data controller a restriction of processing where one of the following applies:

    • The accuracy of the personal data is contested by the data subject, for a period enabling the data controller to verify the accuracy of the personal data.
    • The processing is unlawful and the data subject opposes the erasure of their personal data and requests instead the restriction of their use.
    • The data controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
    • The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending verification of whether the legitimate grounds of the data controller override those of the data subject.

    If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of stored personal data, they may at any time contact a member of staff at the data controller. The member of staff will arrange the restriction of the processing.

  • f) Right to data portability

    Each data subject has the right granted by the European legislator to receive the personal data concerning them, which was provided to a data controller by the data subject, in a structured, commonly used and machine-readable format. They also have the right to transmit those data to another data controller without hindrance from the data controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller.

    Furthermore, in exercising their right to data portability pursuant to Article 20(1) of the GDPR, the data subject has the right to have their personal data transmitted directly from one data controller to another data controller where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

    In order to assert the right to data portability, the data subject may contact a member of staff at any time.

  • g) Right to object

    Each data subject has the right granted by the European legislator to object, on grounds relating to their particular situation and at any time, to the processing of personal data concerning them, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

    We shall no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or if the processing serves the establishment, exercise or defence of legal claims.

    If personal data are processed for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning them for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the processing of their data for direct marketing purposes, their personal data will no longer be processed for these purposes.

    In addition, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out in the public interest.

    In order to exercise the right to object, the data subject may directly contact any member of staff. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use their right to object by automated means using technical specifications.

  • h) Automated individual decision-making, including profiling

    Each data subject has the right granted by the European legislator not to be subject to a decision based solely on automated processing – including profiling – which generates legal effects concerning them, or similarly significantly affects them, as long as the decision (1) is not necessary for entering into or performing a contract between the data subject and the data controller, or (2) is not authorised by Union or Member State law to which the data controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.

    If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the data controller, or (2) is based on the data subject’s explicit consent, we shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the data controller, to express their point of view and contest the decision.

    If the data subject wishes to exercise their rights concerning automated decisions, they may contact a member of staff at the data controller at any time.

  • i) Right to withdraw data protection consent

    Each data subject has the right granted by the European legislator to withdraw their consent to the processing of their personal data at any time.

    If the data subject wishes to exercise their right to withdraw their consent, they may contact a member of staff at the data controller at any time.

8. Data protection policy for the use of Facebook

The data controller has integrated components of Facebook on this website. Facebook is a social network.

A social network is an online social meeting place, an online community which usually allows users to communicate with each other and to interact in cyberspace. A social network can serve as a platform for sharing opinions and experiences or for the online community to share personal or business information. Facebook allows users of the social network to create private profiles, upload photos and to network via friend requests.

Facebook’s operating company is Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. Where the data subject lives outside of the USA or Canada, the data controller of their personal data is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

By accessing any of the pages of this website operated by the data controller and on which a Facebook component (Facebook plug-in) is integrated, the internet browser on the data subject’s IT system is automatically prompted by the Facebook component to download a display of the relevant Facebook component from Facebook. An overview of all of the Facebook plug-ins can be found at https://developers.facebook.com/docs/plugins . During this technical process, Facebook is informed about which specific page of our website the data subject visits.

If the data subject is logged into Facebook at the same time, Facebook can identify, each time our website is accessed by the data subject and for the whole duration of the visit to our website, exactly which page of our website the data subject visits. This information is collected by the Facebook component and matched by Facebook with the data subject’s Facebook account. If the data subject clicks on one of the Facebook buttons integrated on our website, e.g. ‘Like’, or if the data subject writes a comment, Facebook matches this information with the data subject’s personal Facebook user account and saves this personal data.

Facebook thus always obtains information via the Facebook component that the data subject has visited our website if the data subject is logged into Facebook when they access our website; this happens regardless of whether the data subject clicks on the Facebook component or not. If the data subject does not wish to send this information to Facebook, they can prevent this information from being sent by logging out of their Facebook account before accessing our website.

Facebook’s data policy published at https://de-de.facebook.com/about/privacy/ provides information about how Facebook collects, processes and uses data. It also explains what settings and options Facebook provides to protect the data subject’s privacy. Furthermore, various applications are available which can stop data from being sent to Facebook. These applications can be used by the data subject to stop data from being sent to Facebook.

10. Data protection policy for the use of Google+

The data controller has integrated the Google+ button as a component on this website. Google+ is a social network. A social network is an online social meeting place, an online community which usually allows users to communicate with each other and to interact in cyberspace. A social network can serve as a platform for sharing opinions and experiences or for the online community to share personal or business information. Google+ allows users of the social network to create private profiles, upload photos and to network via friend requests.

Google+ is operated by Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

By accessing any of the pages of this website operated by the data controller and on which a Google+ button has been integrated, the internet browser on the data subject’s IT system is automatically prompted by the Google+ button to download a display of the relevant Google+ button from Google. During this technical process, Google is informed about which specific page of our website the data subject visits. More detailed information about Google+ can be found at https://developers.google.com/+/ .

If the data subject is logged into Google+ at the same time, Google can identify, each time our website is accessed by the data subject and for the whole duration of the visit to our website, exactly which page of our website the data subject visits. This information is collected by the Google+ button and matched by Google to the data subject’s Google+ account.

If the data subject clicks one of the Google+ buttons integrated on our website, thereby sharing a Google+1 recommendation, Google matches this information to the data subject’s personal Google+ user account and saves this personal data. Google saves the data subject’s Google+1 recommendation and shares it publicly in accordance with the conditions agreed to by the data subject in this respect. A Google+1 recommendation shared by the data subject on this website together with other personal data, such as the name of the Google+1 account used by the data subject and their saved photo is then saved and processed in other Google services, such as the search engine results from the Google search engine, the data subject’s Google account or in other places, such as on websites or in connection with advertisements. Furthermore, Google can link any visit to this website to other personal data stored by Google. In addition, Google records this personal information for the purpose of improving or optimising Google’s different services.

Google thus always obtains information via the Google+ button that the data subject has visited our website if the data subject is logged into Google+ when they access our website; this happens regardless of whether the data subject clicks on the Google+ button or not.

If the data subject does not wish to send personal information to Google, they can prevent this information from being sent by logging out of their Google+ account before accessing our website.

Further information and Google’s data protection policy can be found at https://policies.google.com/privacy?hl=de&gl=de . Further information from Google about the Google+1 button can be found at https://developers.google.com/+/web/buttons-policy .

11. Data protection policy for the use of Instagram

The data controller has integrated components of Instagram on this website. Instagram is a service classified as an audiovisual platform and allows users to post photos and videos as well as share such data on other social networks.

Instagram services are operated by Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, USA.

By accessing any of the pages of this website operated by the data controller and on which an Instagram component (Insta button) is integrated, the internet browser on the data subject’s IT system is automatically prompted by the Instagram component to download a display of the relevant Instagram component. During this technical process, Instagram is informed about which specific page of our website the data subject visits.

If the data subject is logged into Instagram at the same time, Instagram can identify, each time our website is accessed by the data subject and for the whole duration of the visit to our website, exactly which page the data subject visits. This information is collected by the Instagram component and matched by Instagram with the data subject’s Instagram account. If the data subject clicks on one of the Instagram buttons integrated on our website, the data and information sent will be matched with the data subject’s personal Instagram user account and saved and processed by Instagram.

Instagram is thus always informed via the Instagram component that the data subject has visited our website if the data subject is logged into Instagram when they access our website; this happens regardless of whether the data subject clicks on the Instagram component or not. If the data subject does not wish to send this information to Instagram, they can prevent this information from being sent by logging out of their Instagram account before accessing our website.

Further information and Instagram’s applicable data protection policy can be found at  https://help.instagram.com/155833707900388 and 
https://www.instagram.com/about/legal/privacy/ .

14. Data protection policy for the use of YouTube

The data controller has integrated components of YouTube on this website. YouTube is an internet video portal that allows video publishers to post video clips free of charge as well as other users to watch, rate and comment on these videos, also free of charge. YouTube permits the posting of all kinds of videos, which means that both entire films and TV programmes, as well as music videos, trailers and videos created by users themselves can be accessed via the internet portal.

YouTube is operated by YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

By accessing any of the pages of this website operated by the data controller and on which a YouTube component (YouTube video) is integrated, the internet browser on the data subject’s IT system is automatically prompted by the YouTube component to download a display of the relevant YouTube component. Further information about YouTube can be found at www.youtube.com/yt/about/de/. During this technical process, YouTube and Google are informed about which specific page of our website the data subject visits.

If the data subject is logged into YouTube at the same time as opening a page containing a YouTube video, YouTube can identify exactly which page of our website the data subject visits. This information is collected by YouTube and Google and matched with the data subject’s YouTube account.

YouTube and Google are thus always informed via the YouTube component that the data subject has visited our website if the data subject is logged into YouTube when they access our website; this happens regardless of whether the data subject clicks on a YouTube video or not. If the data subject does not wish to send this information to YouTube and Google, they can prevent this information from being sent by logging out of their YouTube account before accessing our website.

The data protection policy published by YouTube at  https://policies.google.com/privacy?hl=de&gl=de provides information about how personal data is collected, processed and used by YouTube and Google.

15. Legal basis for the processing

Point (a) of Article 6(1) of the GDPR serves as our company’s legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, with the supply of goods or to provide any other service or return service, the processing is based on point (b) of Article 6(1) of the GDPR. The same applies to processing operations which are necessary for carrying out pre-contractual measures, for example in the case of enquiries concerning our products or services. If our company is subject to a legal obligation by which the processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on point (c) of Article 6(1) of the GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and their name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. In such cases the processing would be based on point (d) of Article 6(1) of the GDPR. Lastly, processing operations could be based on point (f) of Article 6(1) of the GDPR. This legal basis is used for processing operations which are not covered by any of the above-mentioned legal grounds, if the processing is necessary to protect the legitimate interests pursued by our company or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Such processing operations are permissible because they have been specifically mentioned by the European legislator. The latter considered that a legitimate interest could be assumed if the data subject is a client of the data controller (Recital 47 Sentence 2 GDPR).

16. Legitimate interests in the processing pursued by the data controller or by a third party

Where the processing of personal data is based on point (f) of Article 6(1) of the GDPR, our legitimate interest is to carry out our business for the benefit of the well-being of all our employees and shareholders.

17. Period for which the personal data will be stored

The criterion used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the data is routinely erased, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.

18. Provision of personal data as a statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). On occasion the data subject may need to provide us with personal data in order to enter into a contract, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with them. The non-provision of personal data would have the consequence that the contract could not be entered into with the data subject. Before personal data is provided by the data subject, the data subject must contact one of our staff. Our member of staff shall clarify to the data subject whether the provision of their personal data is required by law or by the contract or is required to enter into the contract, and whether there is an obligation to provide their personal data and the consequences of not providing the personal data.

19. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

20. Changes to our data protection policy

We reserve the right to occasionally make changes to this data protection policy to ensure that it always complies with the latest legal requirements or to reflect changes to our services in the data protection policy, e.g. if new services are launched. The new data protection policy will then apply when you visit again.