Privacy Statement

Thank you for visiting the homepage of Messtechnik EHEIM GmbH. As a company, we take the responsible handling of your data very seriously. Therefore we would like to inform you in detail about the use of your data when you visit our website.

 

1. Term definition

The privacy policy of the company is based on the terms used by the European data protection authorities in adoption of the General Data Protection Regulation (GDPR). Our Data Protection Declaration should be easy to access and understand both for the public and for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

In this Privacy Statement, the following terms are used among others:

  • Personal data: Personal data is all information related to an identified or identifiable person (hereafter referred to as “affected person”). A natural person is considered identifiable, if the person can be identified directly or indirectly, in particular by assignment to an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
  • Affected person: Affected person is any identified or identifiable person whose personal data are processed by the data controller.
  • Processing: Processing means any operation or series of operations carried out with or without the aid of automated procedures in connection with personal data, such as the collection, recording, organisation, arrangement, storage, adaptation or modification, request, retrieval, use, disclosure by transmission, dissemination or any other form of provision, reconciliation or linking, restriction, erasure or destruction.
  • Restriction of processing: Restriction of processing is the selection of stored personal data with the aim of restricting their future processing.
  • Profiling: Profiling is any kind of automated processing of personal data consisting in the usage of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, behaviour, whereabouts or relocation of that natural person.
  • 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 the use of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not assigned to an identified or identifiable natural person.
  • Controller or person responsible for processing: Controller or person responsible for processing is the natural or legal person, public authority, institution or other body which alone or jointly with others decides on the purposes and means of processing personal data. Where the purposes and means of such processing are laid down by Union law or by the law of the Member States, the person responsible or the specific criteria for his appointment may be laid down by Union law or by the law of the Member States
  • Processor: Processor is a natural or legal person, authority, institution or other body that processes personal data on behalf of the data controller.
  • Recipient: Recipient is a natural or legal person, authority, institution or other body to whom personal data is disclosed, whether or not it is a third party. However, authorities which may receive personal data under Union law or the law of the Member States within the framework of a particular investigation mandate shall not be regarded as recipients.
  • Third party: A third party is a natural or legal person, authority, institution or other body other than the data subject, the data controller, the data processor and the persons authorised to process the personal data under the direct responsibility of the data controller or the data processor.
  • Consent: Consent shall mean any informed and unequivocal expression of will, given voluntarily by the affected person in the particular case in the form of a declaration or other clear affirmative act by which the data subject indicates his or her consent to the processing of personal data concerning him or her.

2. Collection of data

The website of the company collects a number of general data and information each time a person or automated system accesses the website. This general data and information is stored in the log files of the server.

The following can be recorded:

  1. Used browser types and versions,
  2. The operating system used by the accessing system,
  3. The website through which an accessing system accesses our website (so-called referrer),
  4. The sub websites which are accessed via an accessing system on our website,
  5. The date and time of access to the website,
  6. An Internet Protocol (IP) address,
  7. The Internet service provider of the accessing system and
  8. Other similar data and information used for security purposes in the event of attacks on our information technology systems.

When using this general data and information, the company does not draw any conclusions about the person concerned. Rather, this information is needed to

  1. Deliver the contents of our website correctly,
  2. Optimize the content of our website and the advertising for it,
  3. Ensure the long-term functionality of our information technology systems and the technology of our website, and
  4. Provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber-attack.

These anonymously collected data and information are therefore evaluated by the company statistically and with the aim of increasing data protection and data security in our company in order to ensure an optimal level of protection for personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.

3. Legal or contractual provisions for the supply of personal data; necessity for the conclusion of the contract; obligation of the person concerned to provide the personal data; potential consequences of failure to provide them

We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). It may, in some cases be necessary for a contract to be concluded, that the affected person provides us with personal data which must subsequently be processed by us. For example, the affected person is obliged to provide us with personal data in order to sign a contract with our company. Failure to provide personal data would mean that the contract could not be concluded with the affected person. Prior to the provision of personal data, the affected person must contact our data protection officer. Our data protection officer will inform the affected person on a case-by-case basis whether the provision of personal data is required by law or contract or required for the conclusion of the contract, whether there is an obligation to provide the personal data and what consequences the failure to provide the personal data would have.

4. Option of contact via website

Due to legal regulations, the company's website contains information that enables rapid electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). If an affected person contacts the data controller via e-mail or a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data voluntarily provided by an affected person to the controller will be stored for the purpose of processing or contacting the data subject. This personal data is not passed on to third parties.

5. Usage of cookies

In order to make your visit to our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your mobile device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your device and enable us to recognize your browser on your next visit (persistent cookies). You can adjust your browser in such a way that you will be informed about the setting of cookies, so you can either decide on a case- by- case basis to accept or reject a specific cookie, or reject the acceptance of all cookies. If cookies are not accepted, the functionality of the website might be limited.

6. Notification of changes

Changes in law or changes of our internal processes can cause adaptions of this privacy statement.

In case of such a change, we will inform you at least six weeks prior to their coming into effect. You have a general right of revocation with regard to the consents you have given.

Please note that (if you do not make use of your right of revocation) the current version of the privacy statement is valid.

7. Update/ cancellation of your personal data

You have the possibility to check, change or delete the personal data provided to us at any time by sending us an e-mail to: info@messtechnik-eheim.de. If you are a member, you may also unsubscribe to not receive further information from us in the future.

You also have the right to revoke consent once given with effect for the future at any time.

With the revocation to the storage of your personal data the cancellation takes place.

The person in charge shall process and store the personal data of the data subject only for the time necessary to achieve the data retention purpose or to the extent provided for by the European regulator or other legislator in laws or regulations to which the controller is subject.

If the storage purpose no longer applies or if a storage period prescribed by the European directive and regulation giver or another competent legislator expires, the personal data shall be blocked or deleted routinely and in accordance with the statutory provisions.

8. Rights of the data subjects

Every data subject shall have the right, granted by the European directive and regulation maker, to obtain from the controller confirmation as to whether personal data relating to him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact our data protection officer or another employee of the controller.

Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to obtain at any time, free of charge, from the controller, information on the personal data relating to him, which have been stored and obtain a copy of that information. Furthermore, the European data protection supervisor has granted the data subject access to the following information:

  • The processing purposes
  • The categories of personal data 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
  • If possible, the scheduled duration for storage of the personal data or, if that is not possible, the criteria for determination the duration
  • The existence of the right to rectification or erasure of personal data or to the limitation of the processing carried out by the controller or of a right to object to such processing
  • The existence of a right of appeal to a supervisory authority
  • If the personal data are not collected from the data subject: All available information on the origin of the data
  • The existence of automated decision-making including profiling in accordance with Article 22(1) and (4) GDPR and- at least in these cases- meaningful information on the logic involved and the scope and intended effects of such processing for the data subject

The data subject also has the right to know whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in connection with the transfer.

If a data subject wishes to exercise this right of access, he or she can contact our data protection officer or another employee of the data controller at any time.

Any person concerned by the processing of personal data has the right, granted by the European directive and regulation, to request the rectification without delay of inaccurate personal data concerning him. Furthermore, the data subject shall have the right, having regard to the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary statement.

If a data subject wishes to exercise this right of rectification, he or she can contact our data protection officer or another employee of the data controller at any time.

Any subject to the processing of personal data shall have the right, granted by the European directive and regulation, to require the controller to erase without delay personal data concerning him which are subject to one of the following and to the extent that the processing is not necessary:

  • Personal data have been collected or processed for purposes for which they are no longer necessary.
  • The data subject revokes his consent on which the processing was based pursuant to Article 6(1) (a) GDPR or Article 9(2) (a) GDPR and there is no other legal basis for the processing.
  • The data subject objects to the processing pursuant to Article 21 (1) GDPR and there are no overriding legitimate reasons for the processing or the data subject objects to the processing pursuant to Article 21 (2) GDPR.
  • The personal data have been processed in an unlawful manner.
  • The deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.
  • The personal data were collected in relation to services offered by the information society pursuant to Article 8 (1) GDPR.

If one of the reasons above applies and a person concerned wishes to have personal data stored by the company deleted, he or she can contact our data protection officer or another employee of the data controller at any time. The company’s data protection officer or another employee will ensure that the request for deletion is complied with immediately.

Provided that, personal data has been made public by the company and if our company is obliged to delete the personal data as the person responsible pursuant to Article 17 (1) GDPR, the company shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other persons responsible for data processing who process the published personal data that the person concerned has requested these other persons responsible for data processing to delete all links to this personal data or copies or replications of this personal data, insofar as the processing is not required. The company's data protection officer or another employee will take the necessary steps in individual cases.

Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation Body, to request the responsible person to restrict the processing if one of the following conditions is met:

  • The accuracy of the personal data is contested by the data subject for a period of time which allows the data controller to verify the accuracy of the personal data.
  • The processing is unlawful and the data subject refuses to delete the personal data and instead requests that the use of the personal data be restricted.
  • The controller does no longer need the personal data for the purposes of processing, but the data subject needs them for the assertion, exercise or defence of legal rights.
  • The data subject has lodged an objection to the processing pursuant to Article 21 (1) GDPR and it is not yet clear whether the legitimate reasons of the data controller outweigh those of the data subject.

If one of the above conditions is met and a person concerned wishes to request the restriction of personal data stored by the company, he or she can contact our data protection officer or another employee of the data controller at any time. The company's data protection officer or another employee will arrange for the processing to be restricted.

Any data subject involved in the processing of personal data has the right, granted by the European directive and regulation, to obtain personal data concerning him or her which have been provided by the data subject to a controller in a structured, common and machine-readable format. He or she also has the right to communicate these data to another controller without obstruction from the controller to whom the personal data have been provided, provided that the processing is based on the consent pursuant to Article 6 (1) letter a) GDPR or Article 9 (2) letter a) GDPR or on a contract pursuant to Article 6 (1) letter b) GDPR and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task in the public interest or in the exercise of official authority entrusted to the controller.

Furthermore, when exercising his right to data transferability pursuant to Article 20 (1) GDPR, the data subject shall have the right to obtain that the personal data be transferred directly from one responsible person to another responsible person, insofar as this is technically feasible and insofar as this does not impair the rights and freedoms of other persons.

In order to assert the right to data transferability, the person concerned may at any time contact the data protection officer appointed by the company or another employee.

Any person concerned by the processing of personal data has the right granted by the European directive and regulation to object at any time, on grounds relating to his/her particular situation, to the processing of personal data concerning him/her carried out pursuant to Article 6(1) letter(e) or (f) GDPR. This also applies to profiling based on these provisions.

In the event of an objection, the company will no longer process the personal data unless we can prove compelling reasons worthy of protection for the processing, which outweigh the interests, rights and freedoms of the person concerned or serve the processing, assertion, exercise or defence of legal claims.

If the company processes personal data for the purpose of direct marketing, the data subject shall have the right to object at any time to the processing of the personal data for the purpose of such advertising. This also applies to profiling in so far as it is related to such direct marketing. If the data subject objects to the processing by the company for direct marketing purposes, the company will no longer process the personal data for these purposes.

Moreover, the data subject has the right to object to the processing of personal data relating to him by the company for scientific or historical research purposes or for statistical purposes pursuant to Article 89 (1) GDPR for reasons arising from his particular situation, unless such processing is necessary for the performance of a task in the public interest.

To exercise the right to object, the data subject may contact the company's data protection officer or another employee directly. The data subject shall also be free to exercise his right of objection in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

Any person concerned by the processing of personal data shall have the right, granted by the European directive and regulation, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects upon him or her or significantly affects him or her in a similar manner, provided that the decision

  1. is not necessary for the conclusion or performance of a contract between the data subject and the person responsible; or
  2. is authorised by legislation of the Union or of the Member States to which the data controller is subject and which contains appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or
  3. with the express consent of the data subject.

Is the decision

  1. necessary for the conclusion or performance of a contract between the data subject and the person responsible; or
  2. where it does so with the express consent of the data subject, the firm shall take reasonable steps to safeguard the rights and freedoms and the legitimate interests of the data subject, including at least the right to have the data subject intervene, to state its views and to challenge the decision.

If the data subject wishes to exercise rights relating to automated decisions, he or she may contact our data protection officer or another employee of the data controller for this purpose at any time.

Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to revoke consent to the processing of personal data at any time.

If the data subject wishes to exercise his/her right to revoke his/her consent, he/she can contact our data protection officer or another employee of the data controller at any time.

9. Legal basis for processing

Article 6 8(1) a) GDPR is the legal basis for our company's processing operations where we obtain consent for a specific purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the supply of goods or the rendering of other services or consideration, the processing is based on Article 6 (1) letter b) GDPR. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, such as in cases of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Article 6 (1) letter c) GDPR. In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or another natural person. For example, if a visitor to our facility is injured and his or her name, age, health insurance information, or other vital information needs to be shared with a physician, hospital, or other third party. Then the processing would be based on Article 6 (1) letter d) GDPR. Ultimately, processing operations could be based on Article 6 (1) (f) GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the data subject do not predominate. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the data controller (recital 47 sentence 2 GDPR).

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

If the processing of personal data is based on Article 6 (1) letter f) GDPR, our legitimate interest is to carry out our business activities for the benefit of all our employees and shareholders.

11. The person responsible or your contact person

If you have any questions regarding the collection, processing or use of your personal data, for information, correction, blocking or deletion of data as well as revocation of consents given or objections to a specific use of data, please contact us directly:

Messtechnik Eheim GmbH.
Hauffstraße 23
74193 Schwaigern
07138 92 05 10
07138 92 05 12
info@messtechnik-eheim.de

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Last update: 05.2018