Privacy Policy

Thank you for your interest in our company. The management of ETW Energietechnik GmbH attaches great importance to data protection. In general, the Internet pages of ETW Energietechnik GmbH can be used without any indication of personal data. However, if data subjects want to use special services provided by our company via our website, processing of personal data could become necessary. If processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain the consent of the data subject.

The processing of personal data such as the name, address, email address or phone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations that are applicable to ETW Energietechnik GmbH. By means of this data protection statement, our company wishes to inform the public about the type, extent and purpose of the personal data we collect, use and process. Furthermore, this data protection statement informs the individuals concerned about their rights.

As a company responsible for processing, ETW Energietechnik GmbH has implemented numerous technical and organisational measures to ensure the most complete protection possible for personal data processed on this website. However, online data transmissions may generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us using alternative methods such as by telephone.

 

1. Definitions

The data protection statement of ETW Energietechnik GmbH is based on the terms used by the European legislator for directives and regulations when the General Data Protection Regulation (GDPR) was enacted. Our data protection statement is intended to be easy to read and understand for the public as well as our customers and business partners. To make sure of this, we would first like to explain the terminology we use.

In this data protection statement we use the following terms among others.

a) personal data

Personal data are any information that relates to an identified or identifiable natural person (hereinafter the “data subject”). A natural person is considered identifiable who can be identified directly or indirectly, in particular by being assigned to an identifier such as a name, an identification number, location data, an online identifier or to one or more particular characteristics that are an expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.

b) data subject

The data subject is any identified or identifiable natural person, whose personal data are processed by the person responsible for processing.

c) processing

Processing is any procedure carried out with or without the aid of automated means or any such series of procedures in connection with personal data such as the collection, recording, organisation, filing, storage, adaptation or amendment, reading, enquiry, usage, disclosure through transmission, dissemination or any other form of provision, cross-checking or connection, restriction, deletion or destruction.

d) restriction of processing

Restriction of processing is the marking of stored personal data with the aim of restricting processing of the data in future.

e) profiling

Profiling is any type of automated processing of personal data, which consists of using the personal data to evaluate certain personal aspects in relation to a natural person, in particular to analyse or predict aspects to do with work performance, economic situation, health, personal preferences, interests, reliability, behaviour, whereabouts or relocation of this natural person.

f) pseudonymisation

Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without enlisting additional information, provided that this additional information is stored separately and is subject to technical and organisational measures that ensure the personal data are no longer assigned to an identified or identifiable natural person.

g) data controller or person responsible for processing

The person responsible or the person responsible for processing is the natural or legal person, authority, institution or other body that alone or together with others decides on the purposes and means of processing personal data. If the purposes and means of this processing are specified by Union law or the law of the member states, the person responsible or the specific criteria for his appointment can be provided for in accordance with Union law or the law of the member states.

h) processor

The processor is a natural or legal person, authority, institution or other body that processes the personal data on behalf of the person responsible.

i) recipient

The recipient is a natural or legal person, authority, institution or other body to which personal data are disclosed, regardless of whether this involves a third party or not. However, authorities that may receive personal data in the context of a specific investigation in accordance with Union law or the law of the member states are not considered recipients.

j) third party

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

k) consent

Consent is any declaration of intent provided by the data subject in a voluntary, informed and unmistakable manner for the specific case in the form of a declaration or any other unambiguous affirmative act with which the data subject indicates that he or she agrees to the processing of the data subject’s personal data.

 

2. Name and address of the data controllers

The person responsible within the meaning of the General Data Protect Regulation, other data protection laws that apply in the member states of the European Union and other provisions that have an affinity with data protection law is:

ETW Energietechnik GmbH
Ferdinand-Zeppelin-Strasse, 19
47445 Moers
Germany
Ph. 028419990202
Email: c.weiss@etw-energie.de
Website: www.etw-energie.de

 

3. Name and address of the data protection officer

The data protection officer of the body responsible for processing is:

Marcel Langenbach
ETW Energietechnik GmbH
Ferdinand-Zeppelin-Strasse, 19
47445 Moers
Germany
Ph. 0284199900
Email: datenschutz@etw-energie.de
Website: www.etw-energie.de

Any data subject may contact the data protection officer directly at any time with any questions and suggestions in relation to data protection.

 

4. Cookies

The web pages of ETW Energietechnik GmbH use cookies. Cookies are text files that are filed and stored on a computer system via a web browser.

Numerous websites and servers use cookies. Many cookies contain what is known as a cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters, via which websites and servers can be assigned to the specific browser in which the cookie has been stored. This enables the websites and servers visited to distinguish the data subject’s individual browser from other browsers that contain other cookies. A specific browser can be recognised and identified via the unique cookie ID.

By using cookies, ETW Energietechnik GmbH can provide more user-friendly services to users of this website, which would be impossible without the placement of cookies.

Using a cookie means information and offers on our website can be optimised in the user’s interest. As already mentioned, cookies enable us to recognise the users of our website. The purpose of this recognition is to make it easier for visitors to use our website. For example, the user of a website that uses cookies does not have to re-enter his or her access data every time they visit the site because this is taken care of by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in the online store. The online store uses a cookie to note the items the customer has placed in his or her virtual shopping cart.

The data subject can prevent cookies being placed by our website at any time by means of the corresponding setting in the browser used and thus permanently deny the placing of cookies. Furthermore, any cookies that have already been set can be deleted at any time using the browser or other software programmes. This is possible in all commonly used browsers. If the data subject deactivates the placement of cookies in the browser he or she is using, not all the functions of our website may be fully usable under certain circumstances.

 

5. Collection of general data and information

The ETW Energietechnik GmbH website collects a range of general data and information every time it is visited by a data subject or an automated system. The general data and information are stored in the server’s log-files. The following can be recorded: (1) The browser types and versions used, (2) The operating system used by the accessing system, (3) The website from which an accessing system reaches our website (known as a referrer), (4) The sub-websites that are directed via an accessing system to our website, (5) The date and time the website is accessed, (6) An internet protocol address (IP address), (7) The internet service provider of the accessing system and (8) Other similar data and information whose purpose is to avert risk in the event of attacks on our IT systems.

When using this general data and information, ETW Energietechnik GmbH does not draw any conclusions about the data subject. Instead, this information is required in order to (1) Provide the content of our website correctly, (2) Optimise the content of our website and the advertising for it, (3) Ensure the ongoing functionality of our IT systems and the technology of our website and (4) Provide law enforcement authorities with the information required for criminal proceedings in the event of a cyber-attack. The anonymously collected data and information are therefore evaluated statistically by ETW Energietechnik GmbH on the one hand as well as with the aim of enhancing data protection and data security in our company in order ultimately to secure an ideal level of protection for the personal data we have processed. The anonymous data in the server log-files are stored separately from all the personal data provided by a data subject.

 

6. Routine deletion and blocking of personal data

The person responsible for processing only deals with the data subject’s personal data for the period that is required to achieve the purpose of storage or if this has been specified by the European legislator of directives and regulations or another legislator in laws or provisions, which the person responsible for processing is subject to.

If the storage purpose no longer applies or if a storage period prescribed by the European legislator of directives and regulations or another legislator responsible expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

 

7. Rights of the data subject

a) Right of confirmation

Every data subject has the right granted by the European legislator of directives and regulations to request confirmation from the person responsible for processing as to whether personal data about them are being processed. If a data subject wishes to exercise this right of confirmation, he or she may contact an employee of the person responsible for processing at any time.

b) Right to information

Any data subject affected by the processing of personal data has the right granted by the European legislator of directives and regulations to obtain information free of charge from the person responsible for processing about any personal data stored about him or her at any time and a copy of this information. Furthermore, the European legislator of directives and regulations has granted the data subject access to the following information.

  • The processing purposes
  • 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 to recipients in third countries or with international organisations
  • If possible, the scheduled duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
  • The existence of a right to correction or deletion of personal data in relation to them or to a limitation of processing by the person responsible or a right to object to this processing
  • The existence of a right to legal remedy from a supervisory authority
  • if the personal data are not collected from the data subject. All the available information about the origin of the data
  • The existence of automated decision-making including profiling in accordance with article 22 para.1 and 4 GDPR and — at least in these cases — meaningful information about the logic involved as well as the extent and intended effects of such processing for the data subject

Furthermore, the data subject also has the right to information as to whether personal data have been transmitted to a third country or an international organisation. If this is the case, the data subject also has the right to receive information about the appropriate guarantees in connection with this transmission.

If a data subject wishes to exercise this right to information, he or she may contact an employee of the person responsible for processing at any time.

c) Right to rectification

Anyone affected by the processing of personal data has the right granted by the European legislator of directives and regulations to demand the immediate correction of any incorrect personal data held about them. Furthermore, the data subject has the right, in consideration of the purposes of the processing, to demand the completion of incomplete personal data — even by means of a supplementary declaration.

If a data subject wishes to exercise this right to correction of information, he or she may contact an employee of the person responsible for processing at any time.

d) Right to cancellation (right to be forgotten)

Any data subject affected by the processing of personal data has the right granted by the European legislator of directives and regulations to demand from the person responsible that the personal data about him or her be deleted immediately if any of the following reasons applies and insofar as the processing is unnecessary.

  • The personal data were collected for such purposes or processed otherwise, for which they are no longer necessary .
  • The data subject revokes his or her consent on which the processing was based in accordance with art. 6 para. 1 letter a GDPR or art. 9 para. 2 letter a GDPR, and no other legal basis for processing exists.
  • The data subject lodges an objection to processing in accordance with art. 21 para. 1 GDPR, and there are no overriding justifiable reasons for processing, or the data subject lodges an objection to processing in accordance with art. 21 para. 2 GDPR.
  • The personal data were unlawfully processed.
  • The deletion of personal data is required to fulfil a legal obligation in accordance with EU law or the law of the member states to which the person responsible is subject.
  • The personal data were collected in relation to information society services provided in accordance with art. 8 para. 1 GDPR.

If any of the aforementioned reasons applies and a data subject wishes to have personal data stored at ETW Energietechnik GmbH deleted, he or she may contact an employee of the person responsible for processing at any time. The employee of ETW Energietechnik GmbH will arrange for the request for deletion to be enacted immediately.

If the personal data have been made public by ETW Energietechnik GmbH and if our company as the responsible party is obliged to delete the personal data in accordance with Art. 17 para. 1 GDPR, ETW Energietechnik GmbH must take appropriate measures, even of a technical nature, in consideration of the available technology and the implementation costs, to inform others responsible for data processing who process the published personal data that the data subject has requested that these others responsible for the data processing shall delete any links to the personal data or copies or duplicates of the personal data, provided that the processing is unnecessary. The employee of ETW Energietechnik GmbH will arrange what is required in each case.

e) Right to restriction of processing

Any data subject affected by the processing of personal data has the right granted by the European legislator of directives and regulations to demand from the body responsible to restrict processing if any of the following conditions applies.

  • The correctness of the personal data is contested by the data subject, and for a period that enables the person responsible to verify the correctness of the personal data.
  • The processing is unlawful, the data subject rejects the deletion of the personal data and instead requests the restriction of use of the personal data.
  • The person responsible no longer needs the personal data for processing purposes, but the data subject needs them to assert, exercise or defend legal claims.
  • The data subject has lodged an objection to the processing in accordance with art. 21 para. 1 GDPR and it has not yet been determined whether the legitimate grounds of the person responsible override those of the data subject.

If any of the aforementioned reasons applies and a data subject wishes to have personal data stored at ETW Energietechnik GmbH restricted, he or she may contact an employee of the person responsible for processing at any time. The employee of ETW Energietechnik GmbH will arrange for the request for restriction of processing to be enacted immediately.

f) Right to data portability

Any data subject affected by the processing of personal data has the right granted by the European legislator of directives and regulations to receive the personal data about him or her, which the data subject has provided to a person responsible, in a structured, commonly available and machine-readable format. He or she also has the right to transmit the data to another person responsible without hindrance by the person responsible to whom the personal data were provided, as long as the processing is based on consent in accordance with Art. 6 para. 1 letter a GDPR or Art. 9 para. 2 letter a GDPR or on an agreement in accordance with Art. 6 para. 1 letter b GDPR and the processing is carried out by means of automated procedures, unless the processing is required for the performance of a task that is in the public interest or takes place in the exercising of an official authority that has been assigned to the person responsible.

Furthermore, when exercising his or her right to data portability in accordance with Art. 20 para. 1 GDPR, the data subject has the right to have the personal data transmitted directly from one responsible person to another, as long as this is technically feasible and if this does not adversely affect the rights and freedoms of other individuals.

To assert the right to data portability, the data subject may contact an employee of ETW Energietechnik GmbH at any time.

g) Right to objection

Any data subject affected by the processing of personal data has the right granted by the European legislator for directives and regulations to lodge an objection to the processing of personal data in relation to him or her at any time, for reasons due to their particular situation, which are based on Art. 6 para. 1 letters e or f GDPR. This also applies to profiling based on these provisions.

ETW Energietechnik GmbH will no longer process the personal data in the event of an objection, unless we can show evidence of compelling defensible reasons for processing that outweigh the interests, rights and freedoms of the data subject, or the purpose of the processing is to assert, exercise or defend legal claims.

If ETW Energietechnik GmbH processes personal data in order to engage in direct marketing, the data subject has the right to lodge an objection at any time against the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is associated with such direct marketing. If the data subject objects to ETW Energietechnik GmbH processing for direct marketing purposes, ETW Energietechnik GmbH will no longer process the personal data for these purposes.

In addition, the data subject has the right, for reasons due to his or her particular situation, to lodge an objection to the processing of personal data in relation to him or her that is carried out at ETW Energietechnik GmbH for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 GDPR, unless such processing is required to fulfil an assignment in the public interest.

To exercise the right to object, the data subject may contact any employee of ETW Energietechnik GmbH or another employee directly. In connection with the use of the IT company’s services, regardless of directive 2002/58/EC, the data subject is also free to exercise his or her right to object using automated methods in which technical specifications are used.

h) Automated decisions in individual cases including profiling

Any data subject affected by the processing of personal data has the right granted by the European legislator of directives and regulations not to be subject to a decision based exclusively on automated processing — including profiling — that has a legal effect on them or adversely affects them significantly in a similar way, provided that the decision (1) Is not required for the conclusion or fulfilment of a contract between the data subject and the person responsible or (2) Is permitted based on legal provisions of the Union or the member states, to which the person responsible is subject and these legal provisions include appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject or (3) Is taken with the explicit consent of the data subject.

If the decision (1) Is required for the conclusion or fulfilment of a contract between the data subject and the person responsible or (2) It is taken with the explicit consent of the data subject, ETW Energietechnik GmbH will take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to bring about the intervention of a person on behalf of the person responsible, to express his or her point of view and to contest the decision.

If the data subject wishes to assert rights in relation to automated decisions, he or she may contact an employee of the person responsible for processing at any time.

i) Right to revoke consent under data protection law

Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to revoke his or her consent to the processing of personal data at any time.

If the data subject wishes to assert rights to revoke consent, he or she may contact an employee of the person responsible for processing at any time.

 

8. Data protection during applications and the application process

The person responsible for processing collects and processes the personal data of applicants for the purpose of dealing with the application procedure. Processing can also be carried out electronically. This is particularly the case if an applicant transmits the relevant application documents electronically, such as by email or via a web form posted on the website to the person responsible for processing. If the person responsible for processing concludes an employment agreement with an applicant, the data transmitted for the purpose of arranging the employment relationship will be stored in compliance with the statutory provisions. If the person responsible for processing does not conclude an employment agreement with the applicant, the application documents will be automatically deleted two months after notification of the decision to reject the application, provided that any deletion does not conflict with any other legitimate interests of the person responsible for processing. Another legitimate interest in this sense is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).

 

9. Data protection provisions on the use and application of Google AdSense

The person responsible for processing has integrated Google AdSense on this website. Google AdSense is an online service that enables advertising to be placed on third-party sites. Google AdSense is based on an algorithm that selects the advertisements displayed on third-party sites to match the content of the respective third-party site. Google AdSense allows for interest-related targeting of the Internet user, which is implemented by generating individual user profiles.

The company that operates the Google AdSense component is Alphabet Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The purpose of the Google AdSense component is to include advertisements on our website. Google AdSense places a cookie on the data subject’s IT system. What cookies are has already been explained above. By placing the cookie, Alphabet Inc. is able to analyse how our website is used. Every time one of the individual pages on this website is accessed, which is operated by the person responsible for processing, and on which a Google AdSense component has been integrated, the Internet browser on the data subject’s IT system is automatically prompted by the respective Google AdSense component to transmit data to Alphabet Inc. for the purpose of online advertising and the billing of commissions. In the context of this technical procedure, Alphabet Inc. gains knowledge of personal data, such as the data subject’s IP address, which Alphabet Inc. uses inter alia to track the origin of visitors and clicks and consequently to enable commissions to be billed.

The data subject can prevent cookies from being placed by our website, as explained above, at any time by means of an appropriate setting in the browser used and therefore permanently object to the placement of cookies. Setting the browser used this way would also prevent Alphabet Inc. from placing a cookie on the data subject’s IT system. In addition, a cookie already placed by Alphabet Inc. can be deleted at any time via the browser or other software programmes.

Google AdSense also uses what are known as tracking pixels. A tracking pixel is a miniature graphic that is embedded in pages on the Internet in order to enable log file recording and log file analysis, whereby a statistical analysis can be carried out. By using the embedded tracking pixel, Alphabet Inc. can recognise whether and when a web page has been opened by a data subject and which links he or she has clicked on. Tracking pixels are used among other things to evaluate the flow of visitors to a website.

Google AdSense is used to transmit personal data and information, which also includes the IP address and is required to collect and charge for the advertisements displayed, to Alphabet Inc. in the United States of America. The personal data are stored and processed in the United States. Alphabet Inc. will under certain circumstances forward the personal data collected to third parties using a technical process.

Google AdSense is explained in more detail at this link www.google.de/intl/de/adsense/start/.

 

10. Data protection provisions on the use and application of Google Analytics (including anonymisation function)

The person responsible for processing has integrated the Google Analytics component (with anonymisation function) on this website. Google Analytics is a web analysis service. Web analysis is the recording, collection and evaluation of data about the behaviour of visitors to websites. Among other things, a web analysis service collects data about which website a data subject has arrived from on a website (known as a referrer), which sub-pages of the website have been accessed and how often and for how long a sub-page has been viewed. A web analysis is mainly used to optimise a website and for a cost benefit analysis of online advertising.

The company that operates the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The person responsible for processing uses the suffix _gat._anonymizeIp for web analysis via Google Analytics. By using this suffix, the IP address of the data subject’s Internet connection is abbreviated and anonymised by Google, if access to our web pages is from a member state of the European Union or from another signatory to the European Economic Area agreement.

The purpose of the Google Analytics component is to analyse the flow of visitors to our website. Google uses the data and information obtained among other things to evaluate the use of our website in order to compile online reports that show activities on our web pages and to provide other services in connection with the use of our website.

Google Analytics places a cookie on the data subject’s IT system. What cookies are has already been explained above. By placing the cookie, Google is able to analyse how our website is used. Every time one of the individual pages on this website is accessed, which is operated by the person responsible for processing, and on which a Google Analytics component has been integrated, the Internet browser on the data subject’s IT system is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online advertising analysis. In the context of this technical procedure, Google acquires knowledge of personal data, such as the data subject’s IP address, which Google uses inter alia to track the origin of visitors and clicks and consequently to enable commissions to be billed.

The cookie is used to store personal information, such as the access time, the location from which access was made and the frequency of visits to our website by the data subject. Every time someone visits our web pages, these personal data, including the data subject’s IP address for the Internet connection used, are transmitted to Google in the United States. These personal data are stored by Google in the United States. Under certain circumstances, Google uses a technical process to forward the personal data collected to third parties.

The data subject can prevent cookies from being placed by our website, as explained above, at any time by means of an appropriate setting in the browser used and therefore permanently object to the setting of cookies. Setting the browser used in this way would also prevent Google from placing a cookie on the data subject’s IT system. In addition, a cookie already placed by Google Analytics can be deleted at any time via the browser or other software programmes.

Furthermore, the data subject has the option of objecting to the collection of data generated by Google Analytics, to the use of data in relation to this website as well as to the processing of the data by Google and to prevent this. To do so, the data subject must download and install a browser add-on at the link tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics using JavaScript that no data and information about visitors to websites may be transmitted to Google Analytics. The installation of the browser add-on is regarded by Google as an objection. If the data subject’s IT system is deleted, formatted or reinstalled at a later time, the data subject must reinstall the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person who can be assigned to his or her sphere of influence, the option exists of reinstalling or reactivating the browser add-on.

Further information and the applicable data protection provisions of Google can be accessed at www.google.de/intl/de/policies/privacy/ and www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail at this link www.google.com/intl/de_de/analytics/.

 

11. Data protection provisions on the use and application of Google AdWords

The person responsible for processing has integrated Google AdWords on this website. Google AdWords is an Internet advertising service, which allows advertisers to place advertisements in Google search engine results as well as in Google’s advertising network. Google AdWords enables an advertiser to determine certain key words in advance, whereby an advertisement is then displayed only in Google’s search engine results if the user calls up a keyword-relevant search result with the search engine. In Google’s advertising network, the advertisements are distributed to topic-relevant websites using an automatic algorithm and taking account of the previously determined key words.

The company that operates the Google AdWords component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The purpose of Google AdWords is to promote our website by inserting interest-relevant advertising on the websites of third-party companies and in the search engine results of Google’s search engine and inserting third-party advertising on our website.

If a data subject reaches our website via a Google ad, Google places what is known as a conversion cookie on the data subject’s IT system. What cookies are has already been explained above. A conversion cookie becomes invalid after 30 days and is not used to identify the data subject. If the cookie has not yet expired, the conversion cookie is used to determine whether certain sub-pages have been accessed on our website, such as the shopping basket from an online store system. The conversion cookie enables both us as well as Google to track whether a data subject who has reached our website via an AdWords ad has generated a sale, i.e. has completed or cancelled a purchase.

The data and information collected by using the conversion cookie are used by Google to create visitor statistics for our website. These visitor statistics are used by us in turn to determine the total number of visitors who are referred to us via AdWords advertisements, i.e. to determine the success or failure of the respective AdWords advertisement and to optimise our AdWords advertisements for the future. Neither our company nor other Google-AdWords advertisers obtain information from Google, which could be used to identify the data subject.

The conversion cookie is used to store personal information, such as the web pages visited by the data subject. Every time someone visits our web pages, these personal data, including the data subject’s IP address for the Internet connection used, are transmitted to Google in the United States. These personal data are stored by Google in the United States. Under certain circumstances, Google uses a technical process to forward the personal data collected to third parties.

The data subject can prevent cookies from being placed by our website, as explained above, at any time by means of an appropriate setting in the browser used and therefore permanently object to the setting of cookies. Setting the browser used in this way would also prevent Google from placing a conversion cookie on the data subject’s IT system. In addition, a cookie already placed by Google Analytics can be deleted at any time via the browser or other software programmes.

The data subject also has the option of objecting to interest-based advertising by Google. As such, the data subject must access each of the browsers he or she uses from the link www.google.de/settings/ads and adjust the preferred settings there.

Further information and the applicable data protection provisions of Google can be found at www.google.de/intl/de/policies/privacy/.

 

12. Legal basis for processing

Art. 6 I lit. a GDPR serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary to fulfil a contract, to which the data subject is a party, as is the case, for example, with processing operations that are required for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations that are required to carry out pre-contractual measures, such as in cases of enquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as to meet tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, it might be necessary to process personal data in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our premises were injured and his or her name, age, health insurance details or other vital information would then have to be forwarded to a doctor, a hospital or other third parties. The processing would then be based on Art. 6 I lit. d GDPR.

Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the legal bases mentioned above are based on this legal basis, if the processing is required to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not take precedence. We are particularly permitted to conduct such processing operations because they have been specifically mentioned by the European legislator. As such, it has taken the view that a legitimate interest could be assumed if the data subject is a customer of the person responsible (recital 47 clause 2 GDPR).

 

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

If the processing of personal data is based on Art. 6 I lit. f GDPR, our legitimate interest is the conduct of our business activities in favour of the wellbeing of all our employees and our shareholders.

 

14. Duration for which the personal data will be stored

The criterion for the storage duration of personal data is the respective statutory retention period. After this period expires, the relevant data are routinely deleted, provided that they are no longer required to fulfil or initiate a contract.

 

15. Legal or contractual requirements to provide personal data; necessity for the conclusion of the contract; obligation of the data subject to provide personal data; possible consequences of not providing data

We explain to you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual arrangements (e.g. information about the contracting party).

Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that we have to process subsequently. For example, the data subject is obliged to provide us with personal data when our company concludes a contract with him or her. Failure to provide the personal data would mean the contract could not be concluded with the data subject.

Before the data subject provides any personal data, he or she must contact one of our employees. Our employee explains to the data subject in each case whether the provision of personal data is required by law or contract or is required for the contract to be concluded, whether there is an obligation to provide the personal data and what the consequences would be of not providing the personal data.

 

16. Existence of automated decision-making

As a responsible company, we refuse to conduct automated decision making or profiling.

This sample data protection statement has been created by the data protection generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which carries out the data protection audit at https://dg-datenschutz.de/datenschutz-dienstleistungen/datenschutz-audit in cooperation with the media law firm Wilde Beuger Solmecke at https://www.wbs-law.de/taetigkeitsgebiete/medienrecht.