Data Privacy Notice (GDPR-compliant)

I. Name and address of the controller

The controllers in the meaning of the GDPR and other national data privacy laws of the member states as well as other data privacy regulations are:

Industrie- und Handelsunion Dr. Wolfgang Boettger GmbH Co. KG 
Victoria Höfe an der Oberbaumbrücke
Schlesische Straße 38
10997 Berlin
Telephone: +49 30 7 00 96 16 00
Fax: +49 30 7 00 96 16 99
Email: info(at)boettgergruppe.com
Website: www.boettgergruppe.com 

Fernlast Logistik GmbH 
Waller See 104 
38110 Braunschweig
Telephone: +49 5 31 3 00 01-0 
Fax: +49 5 31 3 00 01-28 
Email: info(at)fernlast.de 
Website: www.fernlast.de

Puratec GmbH 
Waller See 104 
38110 Braunschweig 
Telephone: +49 531 30001-8250 
Fax: +49 531 30001-8252
Email: info(at)puratec.de 
Website: www.puratec.de 

Zuckerhandelsunion GmbH & Co. KG 
Schlesische Straße 38 
10997 Berlin 
Telephone: +49 30 8 89 13 90
Fax:+49 30 88 91 39 99
Email: info(at)zhu-germany.com
Website: www.boettger1904.com

Boettger Food Ingredients GmbH
Waller See 104
38110 Braunschweig
Telephone: +49 5 31 3 00 01-0
Telefax: +49 5 31 3 00 01-18
Email: info(at)zucker-vertrieb.de
Website: www.boettger1904.com

Cavendish & Harvey Confectionery GmbH 
Carl-Zeiss-Straße 14-16 
24568 Kaltenkirchen 
Telephone: +49 41 91 50 01-0 
Fax: +49 41 91 50 01-33 
Email: info(at)cavendish-harvey.de 
Websites: cavendish-harvey.de, 
www.cavendish-Harvey.com, 
www.cavendish-Harvey.eu, 
sweet-design.de

Victoria-Mühlenwerke Gesellschaft mit beschränkter Haftung 
Victoria Höfe an der Oberbaumbrücke 
Schlesische Straße 38 
10997 Berlin 
Telephone: +49 30 7 00 96 16 00
Fax: +49 30 7 00 96 16 99
Email: info(at)victoriahoefe.com
Websites: www.lm45.berlin, 
www.victoriahoefe.com

II. The Data Protection Officer

The contact details of the Data Protection Officer are:

Email: datenschutz[at symbol] boettgergruppe[dot]com (Email address broken down into letters for security reasons) 
Telephone: +49 89 416158644

Post: 
Data Protection Officer / DPO
Industrie- und Handelsunion Dr. Wolfgang Boettger GmbH Co. KG
Victoria Höfe an der Oberbaumbrücke 
Schlesische Straße 38 
10997 Berlin

III. General information on processing

1. Scope of the processing of personal data

We only collect and use personal data from our website users insofar as this is necessary to provide a functional website as well as our contents and services. The collection and use of personal data from our website users are performed regularly only with the user’s consent. An exception applies in those cases where prior consent cannot be obtained for real reasons and the processing of the data is permitted by law.

2. Legal basis for processing personal data

Whenever we obtain the consent of the data subject for the processing of personal data, Article 6 (1) (a) GDPR serves as the legal basis for the processing of personal data. If the processing of personal data is required for the performance of a contract to which the data subject is a party, Article 6 (1) (b) GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.

Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, Article 6 (1) (c) GDPR serves as the legal basis.

In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6 (1) (d) GDPR serves as the legal basis.

If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Article 6 (1) (f) GDPR serves as the legal basis for processing.

3. Data deletion and storage

The personal data of the data subject will be erased or processing will be restricted as soon as the purpose of storage no longer applies. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject. The data will also be erased or restricted in processing if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.

IV. Provision of the website and creation of log files

1. Description and scope of processing

Each time our website is visited, our system automatically collects data and information from the computer system of the calling computer. 

The following data is collected:

(1) page visited
(2) information about the browser type and version used
(3) the user’s operating system
(4) the internet service provider of the user
(5) IP address of the user
(6) date and time of access
(7) manufacturer and name of the accessing device
(8) http status code
(9) size of the requested document
(10) web pages from which the user’s system reaches our website
(11) web pages accessed by the user’s system via our website

The data is also stored in our system log files. This data is not stored together with other personal data from the user.

2. Legal basis for processing

The legal basis for the temporary storage of data and log files is Article 6 (1) (f) GDPR.

3. Purpose of the processing

The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this the IP address of the user must remain stored for the duration of the session.

The data is stored in log files to ensure the functionality of the website. In addition, the data serves us to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

In these purposes also lies our legitimate interest in the processing according to Article 6 (1) (f) GDPR.

4. Storage period

The data will be erased as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

If the data is stored in log files, this is the case after 90 days at the latest. Further storage is possible. In this case, the IP addresses of the users are erased or alienated, so that an assignment of the calling client is no longer possible.

5. Objection and erasure

The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, the user cannot object.

V. Use of cookies

1. Description and scope of processing

Our website uses cookies. Cookies are text files that are stored in the browser or by the web browser on the user’s computer system. If a user visits one of our websites, a cookie may be stored on the user’s operating system. This cookie contains a distinctive character string that enables unique identification of the browser when the website is called up again.

We use cookies to make our website more user-friendly. Some elements of our website require the calling browser to be identified even after a page change.

The following data is stored and transmitted in the cookies:

(1) contents of a shopping basket 
(2) user status (logged in/not logged in) 
(3) language settings

We also use cookies on our website which permit analysis of the user’s surfing behaviour. In this way, the following data can be transmitted:

(1) data for Trusted Shops
(2) data for Google Analytics
(3) data for Matomo
(4) data for Facebook
(5) data for Twitter
(6) data for Google+
(7) data for Pinterest
(8) data for Google Conversion Tracking

A description of the individual services follows below.

In some cases, we do not obtain your consent for these so-called technically unnecessary cookies. The user data collected in this way is pseudonymised by technical precautions. The data can therefore no longer be assigned to the calling user. The data will not be stored together with other personal data from users.

On some of our Group company websites a banner informs users about the use of cookies for analytical purposes and refers to this data privacy information. In such cases there is also a note on how the storage of cookies can be prevented in browser settings.

On some of our websites users are informed about the use of cookies for analytical purposes and their consent is requested to the processing of personal data used in this connection. In these cases, a note appears referring to this data privacy information.

2. Legal basis for processing

The legal basis for the processing of personal data using technically necessary cookies is Article 6 (1) (f) GDPR.

The legal basis for the processing of data using cookies without prior consent is Article 6 (1) (f) GDPR.

On some websites we use a cookie banner and ask for consent, and here Article 6 (1) (a) GDPR is the legal basis.

3. Purpose of the processing

The purpose of technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. This makes it necessary to recognize the browser even after a page change.

We need cookies for the following applications:

(1) shopping cart
(2) login/logout for services requiring registration

The user data collected by technically necessary cookies are not used to create user profiles.

Analytical cookies are used to improve the quality of our website and its content. Through the analytical cookies we learn how our websites are used and can then continually optimize our content.

The following cookies are in use for these purposes:

Rating reminder by Trusted Shops 
If you have given us your explicit consent during or after placing an order in a shop by activating the corresponding checkbox or clicking a corresponding button, we will send your email address to Trusted Shops GmbH, Subbelrather Str. 15c, 50823 Cologne (www.trustedshops.de) so they can send you an email reminding you that you can submit a rating. Your consent can be withdrawn at any time by sending a message to the contact option described above or directly to Trusted Shops.

Google Analytics 
Our website uses Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses “cookies” to help websites analyse how users use them. The information generated by the cookie about the use of this website is, for example, the time and place of your visit and how often you visited. 
This user data is usually transferred to a Google server in the USA and stored there. IP anonymisation has been activated on this website so your IP address will be pre-truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the whole IP address be first transmitted to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information to evaluate the use of the website by the users, to compile reports on website activities and to provide the website operator with further services associated with the use of the website and the Internet. The IP address transmitted by your browser in the context of Google Analytics is not merged with other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser; however, in this case you may not be able to use the full functionality. Users can also prevent Google from collecting data generated by the cookie and relating to their use of the website (including their IP address) and from processing this data by downloading and installing the browser plug-in available under the following link. The current link is: “http://tools.google.com/dlpage/gaoptout?hl=en”.

Matomo Analytics 
Our website uses “Matomo” (formerly “Piwik”), a web analytics service provided by InnoCraft Ltd, 150 Willis St, 6011 Wellington, New Zealand. Matomo stores cookies on your device to enable an analysis of your use of our website. The information collected in this way is stored exclusively on our servers and comprises the following data:

(1) two bytes of the IP address of the users system
(2) the website accessed
(3) the website from which the user has accessed our website (referrer)
(4) the pages accessed from the accessed website
(5) the time spent on the website
(6) the frequency with which the website is accessed

Our website uses Matomo with the setting “Anonymize visitors’ IP addresses”. As a result, IP addresses are processed in a shortened form, eliminating the possibility of a direct reference to the user. The IP address transmitted by your browser using Matomo will not be merged with other data collected by us.

With Matomo we analyse the use of our website and individual functions and content in order to continually improve the user experience. By statistically evaluating user behaviour we improve our content and make it more interesting for visitors.

You can prevent this evaluation by deleting existing cookies and deactivating the storage of cookies in your web browser settings. Please note that in this case you may not be able to use all the functions of our website to their full extent.

Matomo is an open source project of InnoCraft Ltd, 150 Willis St, 6011 Wellington, New Zealand. Further information on data privacy can be found at: 
Privacy policy: https://matomo.org/privacy-policy/ 
Information on data privacy: https://matomo.org/privacy/

Facebook
Our website uses social plug-ins (“plug-ins”) from the social network facebook.com, which is operated by Facebook Inc., 1601 S. California Avenue, Palo Alto, CA 94304, USA. (“Facebook”). The plug-ins are marked with a Facebook logo or the addition “Facebook Social Plug-In”. 

When you visit one of our websites which contains such a plug-in, your browser establishes a direct connection to Facebook’s servers. The content of the plug-in is transmitted directly from Facebook to your browser and integrated into the website.

As a result, personal information such as your IP address, URL, date and time and other browser-related information is transmitted to Facebook and stored in the USA, although according to Facebook in Germany only an anonymised IP is collected.

If you are logged in to Facebook, Facebook can assign your visit to your Facebook account. If you interact with the plug-ins, for example by clicking the “Like” button or making a comment, the corresponding information is transmitted directly from your browser to Facebook, stored there and shared with your Facebook contacts depending on your Facebook settings. If you do not want this to happen, please log out of your Facebook account before visiting our website or clicking an opt-in button. 

Facebook stores your data as user profiles and uses them for the purposes of advertising, market research and/or demand-oriented design of its website and other websites. Facebook uses cookies and similar technologies to display ads on and off Facebook Services, regardless of whether you have an account on Facebook and are logged in. Facebook already uses cookies for this if you have visited the website www.facebook.com and forwards your data to third parties.

We would like to point out that, as the provider of the website, we have no knowledge of the content of the data transmitted or of how it is used by Facebook. You may refuse the use of cookies by selecting the appropriate settings on your browser; however, please note that if you do this you may not be able to use the full functionality of the respective website. For the purpose and scope of data collection and the further processing and use of the data by Facebook and your rights and setting options for the protection of your privacy, please refer to the data privacy information provided by Facebook at http://www.facebook.com/about/privacy/, and specifically for Facebook social plug-ins at https://www.facebook.com/help/203587239679209. You can also change your Facebook privacy settings in your account settings.

Twitter
Our website uses functionalities of the Twitter service. These functionalities are provided by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. (“Twitter”).

When you visit a website that contains such a plug-in, your browser establishes a direct connection to Twitter’s servers. The content of the plug-in is transmitted directly from Twitter to your browser and integrated into the website.

Twitter receives information such as your IP address, URL, date and time and other browser-related log data. The service uses cookies and similar technologies to display advertisements and suggestions on Twitter services, regardless of whether you have an account on Twitter and are logged in. The information generated by the cookie (including your IP address) is stored on a server in the USA. Twitter only stores tailored content together with browser cookies or device IDs and separates them from other data, such as information about pages visited. After a maximum of 10 days, Twitter will begin to delete or unidentify this data. 

By using Twitter and the “re-tweet” function, the websites you visit are linked to your Twitter account and made known to other users. Data is also transmitted to Twitter. If you do not want this, please log out of your Twitter account before visiting our website or clicking an opt-in button.

We would like to point out that, as the provider of the website, we are not aware of the content of the data transmitted or how it is used by Twitter. You may refuse the use of cookies by selecting the appropriate settings on your browser; however, please note that if you do this you may not be able to use the full functionality of the website. For more information, please see Twitter’s privacy policy at http://twitter.com/privacy. You can change your Twitter privacy settings in your account settings at http://twitter.com/account/settings

Google+ 
Our website uses functions of Google+. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The Google+ button can be recognized by the sign “+1” on a white or coloured background. When you visit a website of ours which contains such a button, your browser establishes a direct connection to Google’s servers. The content of the “+1” button is transmitted by Google directly to your browser and integrated into the website. We therefore have no influence on the amount of data Google collects with the button. According to Google, no personal data is collected without a click on the button. Other data collected, according to Google, is for maintenance and error confirmation purposes only. Only in the case of logged-in members are data, including the IP address, collected, processed and stored in the USA.

For the purpose and scope of data collection and the further processing and use of the data by Google as well as your rights and setting options for the protection of your privacy, please refer to Google’s data privacy advice about the “+1” button: https://policies.google.com/privacy?hl=en and https://support.google.com/plus/answer/1319578 as well as https://developers.google.com/+/web/buttons-policy or in the FAQ: http://bit.ly/r3Qmer. If you are a Google Plus member and do not want Google to collect data about you via our website and link it to your membership data stored by Google, you need to log out of Google Plus before visiting our website or clicking an opt-in button.

Pinterest 
This website uses the “Pin it” button of the social media network Pinterest. The service is operated by Pinterest Inc., 808 Brannan St, San Francisco, CA 94103, USA (hereinafter “Pinterest”). You will recognize Pinterest plug-ins from the Pinterest logo or the “Pin it” button on our website.

When visiting one of our websites which contains a button of this kind, your browser will create a direct link with Pinterest’s servers. The content of the “Pin it” button is directly transmitted by Pinterest to your web browser, which then incorporates it in the website. We therefore have no influence over the scope of the data collected by Pinterest through the button. By integrating the “Pin it” button, Pinterest receives information, such as the fact that your browser has accessed the corresponding page of our website under your IP address. This information is stored in the USA and used there.

If you are logged in with Pinterest while visiting our website, Pinterest can assign your visit to your account. If you click the “Pin it” button, the corresponding information will be stored by Pinterest. If you wish to prevent this, you must log out of your Pinterest account before you click on the “Pin it” button. Pinterest may use cookies and similar technologies during this process.

We would like to point out that, as the provider of the website, we have no knowledge of the content of the data transmitted or of how it is used by Pinterest. For the purpose and scope of data collection and the further processing and use of the data by Pinterest and your rights and setting options for the protection of your privacy, please refer to the data privacy information provided by Pinterest: https://policy.pinterest.com/en/privacy-policy

Google Conversion Tracking
This website uses Google Conversion Tracking, an analytical service from Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”). If you access our website from a Google ad, Google AdWords places a cookie (“conversion cookie”) on your device for this purpose. These cookies expire after 30 days and are not used for personal identification of the user. Should the user visit certain pages of the website and the cookie has not yet expired, we and Google can tell that the user clicked on the ad and proceeded to that page.

Each AdWords advertiser has a different cookie. This means that cookies cannot be tracked beyond the website of an AdWords advertiser. The information obtained from the conversion cookie is used to create conversion statistics for the AdWords advertisers who have opted for conversion tracking. AdWords advertisers are told the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, advertisers do not obtain any information that can be used to personally identify users.

If you do not want to participate in this tracking, you can opt out by refusing the Google Conversion Tracking cookie, for example through a setting in your browser that deactivates all automatic cookies. You can also deactivate Conversion Tracking cookies by opting in your browser settings to block cookies from the domain “googleadservices.com”.

Objections: If you do not wish to receive any interest-based advertising, you can deactivate Google cookies designed for this purpose by going to the page https://www.google.com/ads/preferences/html/blocked-Cookies.html or by clicking the following link to download and install the plug-in it provides: https://support.google.com/ads/answer/7395996

Another option users have is to deactivate cookies from third parties by clicking the deactivation page provided by the consumer initiative www.networkadvertising.org/choices/ and following the opt out instructions there.

We advise you that Google has its own data privacy policy, which is independent of ours. Before using our website, please familiarize yourself with Google’s data provisions at: https://policies.google.com/privacy?hl=en.

For more information about Google remarketing and “similar target groups”, see https://support.google.com/google-ads/answer/2676774?hl=en and www.google.com/policies/technologies/ads/.

The purposes of all the cookies and plug-ins described include our own legitimate interest in processing personal data in keeping with Article 6 (1) (f) GDPR.

4. Storage period, objections and erasure 
Cookies are stored on the user’s computer and transmitted to our site. This means that you as a user have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your web browser. Cookies that have already been saved can be removed at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all the website functions in full. You will find information on the duration of storage as well as options for objection and removal of the above-mentioned third-party cookies in the respective descriptions. The transmission of Flash cookies cannot be prevented via the browser settings, but by changing your Flash Player settings.

VI. E-commerce, purchase via websites

1. Description and scope of data processing

On our website, we offer users the opportunity to shop online by entering personal data. The user data is entered into an input mask, transmitted to us and stored. The personal data collected from you when you place an order online will only be passed on to third parties in the context of contract processing. The following data may be collected within the framework of contract processing:

(1) Firmenname / company name
(2) Straße / street
(3) Hausnummer / number
(4) Ort / city
(5) Bundesland / county
(6) Postleitzahl / postcode
(7) Land / country
(8) Telefonnummer / telephone number
(9) Vorname / first name
(10) Nachname / last name
(11) Position im Unternehmen / company position 
(12) E-Mail-Adresse / email address
(13) Benutzername / username
(14) Firmenname / company name
(15) (Firma) Strasse / (company) street
(16) (Firma) Hausnummer / (company) number
(17) (Firma) PLZ / (company) postcode
(18) (Firma) Ort / (company) city
(19) (Firma) Land / (company) country
(20) (Firma) Kontaktperson Vorname / (company) contact person first name
(21) (Firma) Kontaktperson Nachname / (company) contact person last name
(22) (Firma) E-Mail-Adresse / (company) email address
(23) (Firma) Telefonnummer / (company) phone number
(24) Zahlungsart / payment method

During registration or creation of an account the following data is also collected:

(1) IP address of the user
(2) date and time

If you choose a payment provider during the purchase process you will be redirected straight to the website of the respective provider. This might be:

• “Heidelpay”, Heidelberger Payment GmbH, Vangerowstraße 18, 69115 Heidelberg.
• “PayPal”, PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg
• “BS Pay One”, BS PAYONE GmbH, Lyoner Straße 9, D-60528 Frankfurt/Main

We do not collect, process or store the data you enter on the page of the payment service provider called in this way. In this respect, only the data privacy guidelines of the respective payment service provider apply.

Since we do not process your payment ourselves, the collection, processing and storage of data for the processing of electronic payment transactions is carried out exclusively by the partners mentioned. Payment service providers may receive the following data as part of the processing of electronic payment transactions:

(1) Titel / title
(2) Geschlecht / sex
(3) Vorname / first name
(4) Nachname / last name
(5) Firma / company
(6) Adresse / address
(7) PLZ / postcode
(8) Stadt / city
(9) Land / country
(10) Kundennummer / customer number
(11) E-Mail / email
(12) Art der Zahlung / type of payment
(13) Kreditkarten-Nummer / credit card number
(14) Kreditkarten-Besitzer / credit card owner
(15) Kreditkarten-Gültigkeit (Monat und Jahr) / Credit card expiry date
(16) Kreditkarten-CVC / credit card CVC
(17) Kontoinhaber / account holder
(18) Name der Bank / bank name
(19) Kontonummer oder IBAN / account number or IBAN
(20) Bankleitzahl oder BIC / bank identification number or BIC

By opening a customer account, you consent to your data being stored in a customer database. This allows you to log in as a customer for future purchases and place orders without having to re-enter your data.

2. Legal basis for data processing

The provision of user data serves to fulfil a contract to which the user is a party, or to carry out pre-contractual measures. The legal basis for the processing of data is Article 6 (1) (b) GDPR.

3. Purpose of the data processing

If you order goods (and any associated services) via our website, the collection, storage and processing of personal data is necessary for the performance of the contractual relationship.

4. Storage period

The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For data collected during the registration process, this will be when registration on our website is terminated or amended.

5. Objections and erasure

As a user you can cancel your registration at any time. You can amend the data stored about you at any time. If you wish to amend data or delete an account, please let us know informally. If the data is required to fulfil a contract or to carry out pre-contractual measures, premature deletion of the data is only possible insofar as there are no contractual or statutory obligations to the contrary.

VII. Registration

1. Description and scope of processing

On our website, we offer users the opportunity to register by providing personal data. The data is entered into an input mask and transmitted to us and saved. The data will not be passed on to third parties. The following data may be collected during the various registration processes available:

(1) Firmenname / company name
(2) (Firma) Straße / (company) street
(3) (Firma) Hausnummer / (company) number
(4) (Firma) Bundesland / county
(5) (Firma) PLZ / (company) postcode
(6) (Firma) Ort / (company) City
(7) (Firma) Land / (company) Country
(8) (Firma) Kontaktperson Vorname / (company) contact person first name
(9) (Firma) Kontaktperson Nachname / (company) contact person last name
(10) Position im Unternehmen / company position
(11) (Firma) E-Mail-Adresse / (company) email-address
(12) (Firma) Telefonnummer / (company) phone number
(13) Benutzername / username

In addition, the following data are collected during the registration:

(1) IP address of the calling computer
(2) Date and time of registration During the process of the registration consent for the processing of your data is obtained.

2. Legal basis for processing

The legal basis for the processing of data is Article 6 (1) (a) GDPR if the user has given his consent.

3. Purpose of the processing

A registration of the user is necessary for the provision of certain contents and services on various areas of our website. For marketing and sales purposes these are contents and services only available to a specific group of people so we need the registration to identify persons. One example is a club for special resellers which receive exclusive offers.

4. Storage period

The data will be erased as soon as they are no longer necessary to achieve the purpose for which they were collected. This is the case for the data collected during the registration process if the registration on our website is cancelled or changed.

5. Objections and erasure

As a user you have the possibility to cancel the registration at any time. You can have changed the data stored about at any time. If you wish to change data or delete an account, please let us know informally. If the data is required to fulfil a contract or to carry out pre-contractual measures, premature deletion of the data is only possible insofar as there are no contractual or statutory obligations to the contrary.

VIII. Contact form and email contact

1. Description and scope of data processing

Some of our web pages include a contact form which can be used for electronic contact. If a user takes up this option, the data entered in the mask will be transferred to us and stored. These data are:

(1) your name 
(2) email address 
(3) title 
(4) first name 
(5) last name 
(6) phone number

In addition, the following data are collected during the sending process:

(1) IP address of the calling computer 
(2) date and time of contact

Your consent is obtained for the processing of this data as part of the submission process and reference is made to this data privacy notice.

Alternatively, you can contact us via the email address provided. In this case, the user’s personal data transmitted by email will be stored.

We do not disclose the data obtained in this manner to third parties. The data is used exclusively for processing the conversation.

2. Legal basis for data processing

The legal basis for processing the data is Article 6 (1) (a) GDPR if the user has given consent.

The legal basis for processing the data transferred in the course of sending an email is Article 6 (1) (f) GDPR. If the contact by email aims at the conclusion of a contract, then there is an additional legal basis for processing in Article 6 (1) (b) GDPR.

3. Purpose of the data processing

The processing of the personal data from the contact form serves us only to execute the contact request. If you contact us per email, this execution is our required legitimate interest in the processing of your data. The additional personal data processed during the sending process serves to prevent misuse of the contact form and to ensure the security of our information technology systems.

4. Storage period

The data will be erased as soon as they are no longer necessary to achieve the purpose for which they were collected. For the personal data from the contact form and those sent by email, this is the case when the respective conversation with the user is finished. The conversation is terminated when it can be inferred from the circumstances that the facts in question have been definitively clarified.

The additional personal data collected during the submission process will be erased after 90 days at the latest.

5. Objections and erasure

The user can withdraw consent to the processing of personal data at any time. Users who contact us by email can object to the storage of personal data at any time. In this event the conversation cannot continue.

If you wish to amend or delete your data, please tell us informally at the above contact address. All personal data stored in the course of contacting us will be erased in this case. 

IX. Rights of the data subject

If your personal data are being processed, you are a “data subject” within the meaning of the GDPR and you are entitled to assert the following rights vis-à-vis the controller:

1. Right of access

You can ask the controller for a confirmation of whether personal data concerning you are being processed by us. If such processing has taken place, you can request the following information from the controller:

(1) purposes of the processing; (2) categories of personal data concerned; (3) recipients or categories of recipients to whom the personal data have been or will be disclosed; (4) the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; (5) whether a right exists to request that the controller correct or erase personal data or restrict the processing of personal data concerning the data subject or to object to such processing; (6) whether a right exists to lodge a complaint with a supervisory authority; (7) where the personal data are not collected from the data subject, any available information as to their source; (8) whether there is any automated decision-making, including profiling, of the kind referred to in Article 22 (1) and (4) and, at least in those cases, any meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees required by Article 46 GDPR in connection with the transmission.

2. Right to rectification

You have a right to assert rectification and/or completion against the controller if the personal data processed concerning you are incorrect or incomplete. The controller shall make the correction without delay.

3. Right to restriction of processing

Under the following conditions, you may request that the processing of personal data concerning you be restricted:

(1) if you dispute the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data; 
(2) if the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead; 
(3) if the 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; 
(4) if you have filed an objection to the processing pursuant to Article 21(1) GDPR pending verification of whether the legitimate grounds of the controller override your own.

If the processing of personal data concerning you has been restricted, such data may only be processed – apart from being stored – with your consent or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.

If the processing restriction has been restricted in accordance with the above conditions, you will be informed by the person responsible before the restriction is lifted.

4. Right to erasure

a) Obligation to erase

You may request the controller to erase the personal data relating to you without delay and the controller is obliged to erase this data without delay if one of the following reasons applies:

(1) The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; 
(2) You have withdrawn your consent on which the processing is based as provided by Article 6 (1) (a) or Article 9 (2) (a), and where there is no other legal ground for the processing; 
(3) You have objected to the processing pursuant to Article 21 (1) and there are no overriding legitimate grounds for the processing, or you have objected to the processing pursuant to Article 21 (2); 
(4) The personal data have been unlawfully processed; 
(5) The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject; 
(6) The personal data have been collected in relation to the offer of information society services referred to in Article 8 (1).

b) Information to third parties 
Where the controller has made the personal data public and is obliged pursuant to Article 17 (1) GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers who are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

c) Exceptions 
The right to erasure shall not apply to the extent that processing is necessary:

(1) for exercising the right of freedom of expression and information; 
(2) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; 
(3) for reasons of public interest in the area of public health in accordance with Article 9 (2) (h) and (i) and Article 9 (3) GDPR; 
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89 (1) GDPR in so far as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or 
(5) for the establishment, exercise or defence of legal claims.

5. Right to be informed

If you have exercised your right to have the controller rectify, erase personal data or restrict the processing, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of personal data or restriction of processing, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed by the controller about those recipients.

6. Right to data portability

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

(1) the processing is based on consent pursuant to Article 6 (1) (a) or Article 9 (2) (a) GDPR or on a contract pursuant to Article 6 (1) (b) GDPR; and 

(2) the processing is carried out by automated means.

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

The exercise of the right to data portability shall 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.

7. Right to object

You have the right to object at any time, for reasons arising from your particular situation, to the processing of your personal data based on Article 6 (1) (e) or (f) GDPR; this also applies to any profiling based on these provisions.

The controller will no longer process the personal data concerning you unless able to prove compelling reasons worthy of protection for such processing which outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.

If personal data concerning you are processed for direct marketing purposes, 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 marketing.

If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

You can exercise your right of objection in connection with the use of information society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.

8. Right to withdraw data privacy consent

You have the right to withdraw your declaration of consent at any time. Your withdrawal of consent shall not affect the legality of the processing carried out on the basis of the consent until withdrawal.

9. Automated decision in individual cases including profiling

You have the right not to be subject to a decision based exclusively on automated processing – including profiling – that has legal effect against you or significantly impairs you in a similar manner. This does not apply if the decision

(1) is necessary for entering into, or performance of, a contract between you and a data controller; 
(2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or 
(3) is based on your explicit consent.

However, these decisions shall not be based on special categories of personal data referred to in Article 9 (1) GDPR, unless Article 9 (2) (a) or (g) GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.

In the cases referred to under (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, and at least the right to obtain human intervention on the part of the controller, to express your own point of view and to contest the decision.

10. Right to complain to the supervisory authorities

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint to a supervisory authority, in particular in the Member State of your place of residence, employment or suspected infringement, if you believe that the processing of personal data concerning you is contrary to the GDPR.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy as provided by Article 78 GDPR.

 

 

 

 

Boettger Partner: RSA
Boettger Partner: EU
Boettger Partner: INC
Boettger Partner: IFS