Name and contact of the controller conformable to Article 4 (7) GDPR/DSGVO
Hermann Graser GmbH
Phone: +49 (0) 951 96 48-0
Data protection commissioner
proPutare Netz- & Softwaretechnologie GmbH
Am Felsenkeller 6
Telefon: +49 (0) 9129 905 69 31
SAFETY AND PROTECTION OF YOUR PERSONAL DATA
We consider it our primary responsibility to protect the confidentiality of your personal information and to protect it from unauthorized access. Therefore, we use the utmost care and the most up-to-date security standards to ensure the maximum protection of your personal data.
As a private company, we are subject to the provisions of the General Data Protection Regulation (GDPR/DSGVO) and the regulations of the Federal Data Protection Act (BDSG). We have taken technical and organisational measures to ensure that the rules on data protection are respected both, by us and by our external service providers.
Legislation requires personal data to be processed lawfully, in good faith and in a manner that is comprehensible for the data subject (“lawfulness, fairness and transparency”). To ensure this, we inform you about the individual legal definitions that are also used in this privacy statement:
- Personal Data
“Personal Data” means any information relating to an identified or identifiable natural person (‘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 to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- Restriction of processing
“Restriction of processing” means the marking of stored personal data with the aim of limiting their processing in the future.
“Profiling” means any form of automated processing of personal data consisting of the use of 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.
“Pseudonymisation” meansthe 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.
- File system
“File system” meansany structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.
“Controller” means 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.
“Processor” means a natural or legal person, public authority, agency or other body, which processes personal data on behalf of the controller.
“Recipient” means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
- Third party
“Third party” meansa natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
“Consent” of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
LAWFULNESS OF PROCESSING
The processing of personal data is only lawful if there is a legal basis for processing. The legal basis for the processing, in accordance with Article 6 (1) lit. a – f GDPR/DSGVO, might be in particular:
a, the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
b, processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into contract;
c, processing is necessary for compliance with a legal obligation to which the controller is subject;
d, processing is necessary in order to protect the vital interests of the data subject or of another natural person;
e, processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
f, processing is necessary of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
INFORMATION ABOUT THE COLLECTION OF PERSONAL DATA
(1) Below we inform about the collection of personal data when using our website. Personal data is for example name, address, e-mail addresses, user behaviour.
(2) When contacting us by e-mail or using a contact form, the information you provide (your e-mail address, your name and your telephone number, if applicable) will be stored by us to answer your questions. We delete the data in this context after the storage is no longer required, or the processing is restricted, if legal storage obligations exist.
Collection of personal data when visiting our Website
In the case of merely informative use of the website, i.e., if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data which is technically necessary for us to inform you about our website and to ensure its stability and security (legal basis is Art. 6 (1) sentence 1 lit. GDPR/DSGVO):
– IP address
– Date and time of the request
– Time zone difference to Greenwich Mean Time (GMT)
– Content of the requirement (concrete page)
– Access Status / HTTP status code
– Each transmitted amount of data
– Website from which the request comes
– Operating system and its interface
– Language and version of the browser software
(1) In addition to the aforementioned data, cookies are stored on your computer when using our website. Cookies are small text files that are stored on your hard drive, assigned to the browser you are using, and that provide certain information to the body that sets the cookie. Cookies can not run programs or transmit viruses to your computer. They serve to make the Internet offer more user-friendly and effective overall.
(2) This website uses the following types of cookies, the scope and operation of which are explained below:
– Transient cookies (see a.)
– Persistent cookies (see b.)
a. Transient cookies are automatically deleted when you close the browser. These include in particular the session cookies. These store a so-called session ID, with which various requests from your browser can be assigned to the common session. This will allow your computer to be recognized when you return to our website. The session cookies are deleted when you log out or close the browser.
b. Persistent cookies are automatically deleted after a specified period, which may differ depending on the cookie. You can delete the cookies in the security settings of your browser at any time.
c. You can configure your browser setting according to your wishes and e.g. decline the acceptance of third-party cookies or all cookies. Undertow. “Third Party Cookies” are cookies that have been set by a third party, and therefore not by the actual website on which you are currently located. Please note that disabling cookies may not enable you to use all features of this website.
Additional functions and offers of our website
(1) In addition to the purely informational use of our website, we offer various services that you can use if you are interested. To do this, you will generally need to provide other personal information that we use to provide the service and for which the aforementioned data processing principles apply.
(2) In part, we use to process your data from external service providers. These have been carefully selected and commissioned by us, are bound by our instructions and are regularly inspected.
(3) Furthermore, we can pass on your personal data to third parties, if action participations, competitions, contracts or similar services are offered by us together with partners. For more information, please refer to your personal data or below in the description of the offer.
(4) Insofar as our service providers or partners are based in a country outside the European Economic Area (EEA), we inform you about the consequences of this circumstance in the description of the offer.
Our offer is basically for adults. Persons under the age of 18 should not submit any personal data to us without the consent of their parents or guardians.
RIGHTS OF THE PERSONS CONCERNED
1. Withdrawal of consent
If the processing of the personal data is based on a given consent, you have the right to withdraw the consent at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation. For the exercise of the right of withdrawal, you can always contact us.
2. Right to confirmation
You have the right to ask the controller for a confirmation of the processing of your personal data. You can request confirmation at any time using the contact details above.
3. Right of access by the data subject
If personal data is processed, you can request advice about this personal data and the following information at any time:
a, the processing purposes;
b, the categories of personal data being processed;
c, the recipients or categories of recipients to whom the personal data have been disclosed or are still being disclosed, in particular to recipients in third countries or to international organizations;
d, if possible, the planned duration for which the personal data are stored or, if this is not possible, the criteria for determining that duration;
e, the existence of a right to rectification or erasure of the personal data concerning you or to a restriction of processing by the controller or a right to object to such processing;
f, the existence of a right of appeal to a supervisory authority;
g, if the personal data are not collected from the data subject, all available information on the source of the data;
h, the existence of automated decision-making, including profiling, in accordance with Article 22 (1) and (4) GDPR/DSGVO and, at least in these cases, meaningful information about the logic involved and the scope and intended impact of such processing on the data subject.
If personal data are transmitted to a third country or to an international organization, you have the right to be informed of the appropriate safeguards under Article 46 GDPR/DSGVO in connection with the transfer. We provide a copy of the personal data that is the subject of the processing. For any additional copies you request of a person, we may charge a reasonable fee based on the administrative costs. If the application is submitted electronically, the information must be provided in a standard electronic format, unless otherwise stated. The right to receive a copy under paragraph 3 shall not affect the rights and freedoms of others.
4. Right to rectification
You have the right to demand immediate correction of incorrect personal data concerning you. Taking into account the purposes of processing, you have the right to request the completion of incomplete personal data, including by means of a supplementary statement.
5. Right to erasure (right to be forgotten)
You have the right to request from the controller that your personal data will be deleted without delay and we are obliged to delete personal data immediately if one of the following reasons applies:
a, The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
b, The data subject withdraws the consent on which the processing was based, in accordance with Article 6 (1) (a) or Article 9 (2) (a) GDPR/DSGVO and lacks any other legal basis for the processing.
c, In accordance with Article 21 (1) GDPR/DSGVO, the data subject objects to the processing and there are no legitimate grounds for processing, or the data subject objects to the processing in accordance with Article 21 (2) GDPR/DSGVO.
d, The personal data were processed unlawfully.
e, The erasure of personal data is necessary to fulfill a legal obligation under Union or Member State law to which the controller is subject.
f, The personal data were collected in relation to information society services offered pursuant to Article 8 (1) GDPR/DSGVO.
If the controller has made the personal data publicly available and is required to erase it in accordance with paragraph 1, taking into account the technology available and the implementation costs, he shall take appropriate measures, including technical ones, to inform data controllers who process the personal data to inform that an affected person has requested that they delete all links to such personal data or copies or replications of such personal data.
The right to erasure (“right to be forgotten”) does not exist if the processing is required:
– to exercise the right to freedom of expression and information;
– to fulfill a legal obligation required by the law of the Union or of the Member States to which the controller is subject, or to carry out a task which is in the public interest or in the exercise of public authority delegated to the controller;
– for reasons of public interest in the field of public health, in accordance with Article 9 (2) (h) and (i) and Article 9 (3) GDPR/DSGVO;
– for archival purposes of public interest, for scientific or historical research purposes or for statistical purposes under Article 89 (1) GDPR/DSGVO, where the law referred to in paragraph 1 is likely to render impossible or seriously affect the achievement of the objectives of that processing, or
– to assert, exercise or defend legal claims.
6. Right to restriction of processing
You have the right to request that we restrict the processing of your personal data if any of the following conditions apply:
a, the accuracy of the personal data is disputed by the data subject for a period allowing the controller to verify the accuracy of the personal data;
b, the processing is unlawful and the data subject refuses to delete the personal data and instead requests the restriction of the use of the personal data;
c, the controller no longer needs the personal data for the purposes of the processing, but the data subject requires them to assert, exercise or defend legal claims; or
d, the person concerned has lodged an objection to the processing pursuant to Article 21(1) GDPR/DSGVO, as long as it is not certain that the legitimate reasons of the controller prevail over those of the data subject.
If the processing has been restricted in accordance with the above-mentioned conditions, these personal data will only be stored with the consent of the data subject or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons important public interest of the Union or of a Member State.
In order to exercise the right to limit processing, the data subject may contact us at any time using the contact details provided above.
7. Right to data portability
You have the right to receive the personal data concerning the data subject, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
a, the processing is based on a consent in accordance with Article 6 (1) (a) or Article 9 (2) (a) or a contract pursuant to Article 6 (1) (b) GDPR/DSGVO; and
b, the processing is done using automated procedures.
When exercising the right to data portability in accordance with paragraph 1, you have the right to obtain that the personal data are transmitted directly from one controller to another, as far as technically feasible. The exercise of the right to data portability is without prejudice to the right to erasure (the right to be forgotten). This right 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.
8. Right to object
You have the right, for reasons of your own particular situation, to object at any time to the processing of personal data relating to you pursuant to Article 6 (1) (e) or (f) GDPR/DSGVO; this also applies to profiling based on these provisions.
The controller no longer processes the personal data unless he can demonstrate compelling legitimate reasons for processing that outweigh the interests, rights and freedoms of the data subject or the processing is for the purpose of enforcing, pursuing or defending legal claims.
If personal data is processed for direct marketing activities, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct mail. If you object to the processing for direct marketing purposes, the personal data will no longer be processed for these purposes.
Regarding the use of information society services, regardless of Directive 2002/58 / EC, you can exercise your right to object by automated means using technical specifications. You have the right, for reasons of your own particular situation, to object to the processing of personal data concerning you for scientific or historical research purposes or for statistical purposes under Article 89 (1), except when: the processing is necessary to fulfill a public interest task.
The right to object can be exercised at any time by contacting the controller.
9. Automated decisions in individual cases including profiling
You have the right not to be subjected to a decision based solely on automated processing – including profiling – that will have legal effects or similarly significantly affects you. This does not apply if the decision:
a, Is necessary for the conclusion or performance of a contract between the data subject and the controller,
b, is permitted by Union or Member State legislation to which the controller is subject, and where such legislation contains appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, or
c, with the explicit consent of the data subject.
The controller shall take reasonable steps to safeguard the rights and freedoms and legitimate interests of the data subject, including at least the right to obtain the intervention of a person by the controller, to express his or her own position and to challenge the decision.
This right can be exercised by the data subject at any time by addressing himself to the controller.
10. Right to lodge a complaint with a supervisory authority
Furthermore, without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.
11. Right to effective judicial remedy
Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR/DSGVO, each data subject shall have the right to an effective judicial remedy where he or she considers that his or her rights under this Regulation have been infringed as a result of the processing of his or her personal data in non-compliance with this Regulation.
USE OF GOOGLE ANALYTICS
(1) This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, in the event of activation of IP anonymisation on this website, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website usage and internet usage to the website operator.
(2) The IP address provided by Google Analytics as part of Google Analytics will not be merged with other Google data.
(3) You can prevent the storage of cookies by a corresponding setting of your browser software; however, please note that if you do this, you may not be able to use all the features of this website to the fullest extent possible. You may also prevent the collection by Google of the data generated by the cookie and related to your use of the website (including your IP address) as well as the processing of this data by Google by using the browser plug-in available under the following link in download and install http://tools.google.com/dlpage/gaoptout?hl=de or manually by clicking the following link: Deactivate Google Analytics
(4) This website uses Google Analytics with the extension “_anonymizeIp ()”. As a result, IP addresses are processed shortened, a person-relatedness can be excluded. Insofar as the data collected about you is assigned a personal reference, it will be immediately excluded and the personal data will be deleted immediately.
(5) We use Google Analytics to analyze and regularly improve the use of our website. With the statistics we can improve our offer and make it more interesting for you as a user. For the exceptional cases in which Personal Information is transferred to the US, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US Framework. The legal basis for the use of Google Analytics is Art. 6 para. 1 sentence 1 lit. f GDPR/DSGVO.
(6) Third-party information: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001.
(7) This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID. You can disable the cross-device analysis of your usage under My Data, Personal Information in your customer account.