NAME AND CONTACT DETAILS OF THE CONTROLLER AS DEFINED IN ARTICLE 4(7) GDPR
Company: Gollmann Kommissioniersysteme GmbH
Address: Weststraße 40, 06126 Halle (Saale), Germany
Phone: +49 (0)345 131 84 100
Fax: +49 (0)345 131 84 199
Data Protection Officer
Name: Andreas Schubert
Address: Weststraße 40, 06126 Halle (Saale), Germany
SECURITY AND PROTECTION OF YOUR PERSONAL DATA
Our priority is to safeguard the confidentiality of personal data provided by you and to protect it against unauthorised access. We therefore take the utmost care and apply the latest security standards to ensure maximum protection for your personal data.
As a private company, we are subject to the provisions of the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG). We have implemented technical and organisational measures to ensure that both we and our external service providers comply with the data protection regulations.
Definitions of terms
1. Personal data
‘Personal data’ refers to any information relating to an identified or identifiable natural person (‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
‘Processing’ means any operation or set of operations performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
3. Restriction of processing
‘Restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future.
‘Profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
‘Pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
6. Filing system
‘Filing system’ means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.
‘Controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
‘Processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
‘Recipient’ means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
10. Third party
‘Third party’ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
‘Consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
LAWFULNESS OF PROCESSING
Processing of personal data shall be lawful only if a legal basis for that processing exists. The legal basis for processing may include, but is not limited to the following instances, in accordance with Article 6(1) points (a) – (f) GDPR, where:
a. the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
b. processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
c. processing is necessary for compliance with a legal obligation to which the controller is subject;
d. processing is necessary in order to protect the vital interests of the data subject or of another natural person;
e. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
f. processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
INFORMATION ON THE COLLECTION OF PERSONAL DATA
(1) In this section, we inform you of how personal data is collected when our website is used. Personal data include, for example, your name, address, e-mail addresses and user behaviour.
(2) When you contact us by e-mail or contact form, the data communicated by you (your e-mail address, optionally also your name and telephone number) are stored by us so that we can answer your questions. These data are erased by us when there is no longer any need to store them or, where we have a legal obligation to retain records, their processing is restricted.
Collection of personal data when visiting our website
Where the website is used for merely informative purposes, i.e. if you do not register or provide us with information in any other way, we only collect the personal data that your browser sends to our server. If you wish to view our website, we collect the following data that are technically required by us in order to display our website to you and ensure its stability and security (the legal basis for this is point (f) of Art. 6(1) GDPR):
- IP address
- date and time of request
- time zone difference relative to Greenwich Mean Time (GMT)
- requirements (specific page)
- access status/HTTP status code
- amount of data transferred
- website from which request originates
- operating system and interface
- language and version of browser software.
(1) In addition to the data listed above, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard disk and assigned to the browser used by you, which are used to transfer certain information to the site setting the cookie. Cookies cannot run programs or transmit viruses to your computer. They are used to make our Internet offering more user-friendly and effective. Please note that refusing to accept cookies may limit the functionality of our website.
(2) This website uses the following types of cookies; their scope and how they work are explained below:
– Transient cookies (see a.)
– Persistent cookies (see b.)
a. Transient cookies are automatically deleted when you close the browser. They are mainly session cookies. These store a ‘session ID’, which allows different requests from your browser to be assigned to the shared session. This allows your computer to identify when you are revisiting our website. Session cookies are deleted when you log out or close the browser.
b. Persistent cookies are automatically deleted after a preset time, which varies for each cookie. You can delete the cookies at any time by going to your browser’s security settings.
c. You can configure your browser settings as required and, for example, refuse to accept third party cookies or all cookies. ‘Third party cookies’ are cookies set by a third party, i.e. not by the actual website you are currently visiting. Please note that if you disable cookies you may not be able to use all of this website’s features.
e. The flash cookies used are recorded by your Flash plugin, rather than your browser. We also use HTML5 storage objects that are stored on your end device. These objects store the data required regardless of the browser you are using and do not have an automatic expiry date. If you don’t want flash cookies to be processed, you need to install an add-on such as ‘Priv3+’ for Mozilla Firefox (https://addons.mozilla.org/de/firefox/addon/priv3plus/) or the Adobe Flash Killer cookie for Google Chrome. You can stop HTML5 storage objects being used by setting your browser to private mode. We also recommend regularly deleting your cookies and the browser history manually.
Additional features and services on our website
(1) In addition to the use of our website for purely informative purposes, you may also be interested in using a number of additional services we offer. These generally require you to provide additional personal data which we use to provide the service and which are covered by the data processing principles set out above.
(2) We use external service providers to process some of your data. These are carefully selected and contracted by us, work to our instructions and are monitored regularly.
(3) We may also disclose your personal data to third parties in cases where we provide campaigns, competitions, contracting or similar services jointly with partners. You will be given more detailed information on this when you provide your personal data, or at the bottom of the description of the service.
(4) If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you of what this means for you in the description of the service.
(1) With your consent, you can subscribe to our newsletter, which we use to inform you of current offers that may be of interest to you. The goods and services advertised are specified in the declaration of consent.
(2) We use the ‘double opt-in’ process for subscriptions to our newsletter. This means that, after you subscribe, we send an e-mail to the e-mail address you have provided, asking you to confirm that you want us to send you the newsletter. If you have not confirmed your subscription after 24 hours, your information is locked and automatically erased after a month. We also store your IP addresses and times of subscription and confirmation. The purpose of this method is to record your subscription and, if necessary, clarify any potential misuse of your personal data.
(3) You only need to provide your e-mail address to receive the newsletter. Providing additional, specially marked data is voluntary and these are used to personalise our communications with you. Once you confirm, we save your e-mail address so we can send you the newsletter. The legal basis is Art. 6 para. 1 point (a) GDPR.
(4) You can withdraw your consent to receiving the newsletter at any time and unsubscribe from the newsletter. You can withdraw your consent by clicking on the link provided in every newsletter e-mail, by e-mailing firstname.lastname@example.org or by sending a message to the contact details provided in the Legal Notice.
(5) Please note that we analyse your user behaviour when we send you the newsletter. To allow us to conduct this analysis, the e-mails we send contain ‘web beacons’ or tracking pixels. These are single-pixel image files which are stored on our website. For the analyses, we link the data listed in Section 3 and the web beacons with your e-mail address and an individual ID. The data are only collected in pseudonymised form, which means that the IDs are not linked with your additional personal data, preventing any direct personal reference. You can stop this tracking at any time by clicking on the separate link provided in each e-mail or using a different channel to contact and inform us. The information will be stored for as long as you remain subscribed to the newsletter. After you unsubscribe we store the data in purely statistical, anonymised form.
Our service is mainly intended for adults. Persons under 18 years of age should not send any personal data to us without the permission of their parents or guardians.
RIGHTS OF DATA SUBJECTS
(1) Withdrawal of consent
Where the processing of personal data is based on consent, you have the right to withdraw your consent at any time. Withdrawing consent does not affect the lawfulness of any processing based on consent before it is withdrawn.
You can contact us at any time to exercise your right of withdrawal.
(2) Right to confirmation
You have the right to obtain from the controller confirmation as to whether we are processing personal data concerning you. You can request confirmation at any time using the contact details shown above.
(3) Right of access
Where personal data are being processed, you can require access to those personal data and the following information at any time:
a. the purposes of the processing;
b. the categories of personal data concerned;
c. the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
d. where possible, the envisaged period for which the personal data will be stored, or, if this is not possible, the criteria used to determine that period;
e. the existence of the right to request from the controller the rectification or erasure of personal data or restriction of processing or to object to such processing;
f. the existence of the right to lodge a complaint with a supervisory authority;
g. where the personal data are not collected from the data subject, any available information as to their source;
h. the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
In cases where personal data are transferred to a third country or to an international organisation, you have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer. We will provide a copy of the personal data undergoing processing. For any further copies requested by you, we may charge a reasonable fee based on administrative costs. Where you make the request by electronic means, and unless otherwise requested, the information shall be provided in a commonly used electronic format. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
(4) Right to rectification
You have the right to obtain from us without undue delay the rectification of inaccurate personal data. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
(5) Right to erasure (‘right to be forgotten’)
You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and we have the obligation to erase personal data without undue delay where one of the following grounds applies:
a. The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
b. The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing.
c. The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
d. The personal data have been unlawfully processed.
e. 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.
f. The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
Where the controller has made the personal data public and is obliged pursuant to paragraph 1 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 which 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.
The right to erasure (‘right to be forgotten’) shall not apply to the extent that processing is necessary:
– for exercising the right of freedom of expression and information;
– 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;
– for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) GDPR;
– 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 paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
– for the establishment, exercise or defence of legal claims.
(6) Right to restriction of processing
You have the right to obtain from us the restriction of processing of your personal data where one of the following applies:
a. the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
b. the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
c. 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; or
d. the data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted under the circumstances set out above, such personal data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
A data subject can contact us at any time using the contact details above to obtain restriction of processing.
(7) Right to data portability
You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
a. the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1) GDPR; and
b. the processing is carried out by automated means.
In exercising the right to data portability pursuant to paragraph 1, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The exercise of the right to data portability shall be without prejudice to the right to erasure (‘right to be forgotten’). That right 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.
(8) Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), you have the right on grounds relating to your particular situation, to object to processing of personal data concerning you, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
You can exercise your right to object at any time by contacting the controller.
(9) Automated individual decision-making, including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This shall not apply if the decision:
a. is necessary for entering into, or performance of, a contract between the data subject and the controller;
b. is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or
c. is based on the data subject's explicit consent.
The controller shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
The data subject can exercise this right at any time by contacting the controller.
(10) Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you also have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.
(11) Right to an effective judicial remedy
Without prejudice to any other administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR, you have the right to an effective judicial remedy if you consider that your rights under this Regulation are infringed as a result of the processing of your personal data which infringes this Regulation.
USE OF GOOGLE ANALYTICS
(2) The IP address transmitted by your browser under Google Analytics is not combined with other data held by Google.
(3) You can prevent these cookies from being stored by enabling the relevant setting in your browser software. Please note, however, that you may be unable to use all functions available on this website in this case. In addition, you can prevent the information about your use of the website that is generated by the cookie (including your IP address) from being passed on to Google and from being processed by Google by downloading and installing the browser plugin available at the following link: tools.google.com/dlpage/gaoptout
(4) This website uses Google Analytics with the ‘_anonymizeIp()’ feature. This causes all IP addresses to be stored in abbreviated form, preventing any direct personal reference. If the data collected about you contains a direct personal reference, this is immediately excluded, instantly erasing the personal data.
(5) We use Google Analytics to analyse how our website is used and make regular improvements to it. The statistics allow us to improve our service and make it more interesting for you as users. For those exceptional cases where personal data are transferred to the USA, Google is subject to the EU-US Privacy Shield, www.privacyshield.gov/EU-US-Framework. The legal basis for using Google Analytics is Art. 6 para. 1 point (f) GDPR.
(6) Third party provider details: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001.
User conditions: www.google.com/analytics/terms/de.html,
Privacy overview: www.google.com/intl/de/analytics/learn/privacy.html,
(7) This website also uses Google Analytics for cross-device analysis of visitor flows, implemented via a user ID. You can disable the cross-device analysis of your usage in your customer account at ‘My data’ > ‘personal data’.
We have entered into a contract with Google on commissioned data processing and our use of Google Analytics is in full compliance with the strict requirements of the German data protection authorities.
USE OF SOCIAL MEDIA PLUGINS
(2) We have no control over the data collected and data processing procedures, and do not know the full extent of the data collection, the purposes of the processing or the storage periods. Nor do we have any information about the erasure of the collected data by the plugin provider.
(3) The plugin provider stores the data collected about you as a user profile and uses this for marketing, market research and/or to make sure its website is appropriate for customers. This analysis is used particularly (also for users who are not logged in) to display advertising that is tailored to customers and to inform other users of the social network of your activities on our website. You have the right to object to these user profiles being created. To exercise this right, you must contact the respective plugin provider. We use these plugins to allow you to interact with social networks and other users so that we can improve our offering and make it more interesting for you as users. The legal basis for using the plugins is Art. 6 para. 1 point (f) GDPR.
(4) Data are disclosed whether or not you have an account with the plugin provider and are logged in to it. If you are logged in with the plugin provider, any data collected by us are assigned directly to your existing account with the plugin provider. If you click on the enabled button and, for example, link the page, the plugin provider will also store this information in your user account and share it publicly with your contacts. We recommend that you regularly log out after using a social network, but particularly before clicking on the button, to prevent data being assigned to your profile with the plugin provider.
(5) You can find more information on the purpose and scope of data collection and its processing by the plugin provider in the providers’ privacy policies set out below. This will also provide more information on your rights associated with this and the settings for protecting your privacy.
(6) Addresses of each plugin provider and URL with their privacy policies:
a. Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, USA; www.facebook.com/policy.php; for further information on data collection, see: www.facebook.com/help/186325668085084, www.facebook.com/about/privacy/your-info-on-other and www.facebook.com/about/privacy/your-info. Facebook has signed up to the EU-US Privacy Shield, www.privacyshield.gov/EU-US-Framework.
b. Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, USA; www.google.com/policies/privacy/partners/. Google has signed up to the EU-US Privacy Shield, www.privacyshield.gov/EU-US-Framework.
c. Xing AG, Gänsemarkt 43, 20354 Hamburg, DE; www.xing.com/privacy.
d. LinkedIn Corporation, 2029 Stierlin Court, Mountain View, California 94043, USA; www.linkedin.com/legal/privacy-policy. LinkedIn has signed up to the EU-US Privacy Shield, www.privacyshield.gov/EU-US-Framework.
EMBEDDED YOUTUBE PLUGINS
This Internet site contains at least one plugin from YouTube, which is owned by Google Inc., based in San Bruno/California, USA. When you visit pages on our website that feature a YouTube plugin, a connection to the YouTube servers is established. This informs the YouTube server which particular page of our website you have visited. If you are also logged into your YouTube account, you enable YouTube to link your surfing activities directly to your personal profile. You can prevent this by first logging out of your account. You can find more information about how YouTube collects and uses your data in the data protection information at policies.google.com/privacy.
EMBEDDING GOOGLE MAPS
(1) We use Google Maps on this website. This allows us to display interactive maps directly in the website so that you can conveniently use the map feature.
USE OF GOOGLE reCAPTCHA
On this website we also use the reCAPTCHA feature from Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (‘Google’). This feature is mainly used to identify whether data is entered by a real person or improperly by a machine or automated process. This service includes transmitting the IP address and any other data required by Google for the reCAPTCHA service to Google and is provided in accordance with point (f) of Art. 6(1) GDPR on the basis of our legitimate interest in determining whether actions on the Internet are based on an individual’s volition and in preventing abuse and spam.
Google LLC, based in the USA, is certified for the US-EU Privacy Shield, a privacy agreement that ensures compliance with the level of privacy applicable in the EU.
USE OF GOOGLE WEB FONTS
This page uses ‘web fonts’ provided by Google LLC., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (‘Google’) to ensure that fonts are displayed consistently. When you access a page your browser loads the web fonts required to your browser’s cache to display text and fonts correctly.
The browser you are using must allow connections to the Google servers for this to work. This notifies Google that our website has been accessed via your IP address. Google web fonts are used to ensure our online services are displayed consistently and appealingly. This is a ‘legitimate interest’ in the sense of point (f) of Art. 6(1) GDPR. If your browser does not support web fonts, a default font from your computer is used.
Google LLC, based in the USA, is certified for the US-EU Privacy Shield, a privacy agreement that ensures compliance with the level of privacy applicable in the EU.
This site uses SSL encryption for reasons of security and to protect the transmission of confidential content such as the requests you send us as the site operator. To be sure that your connection is encrypted, check that the address line of your browser switches from "http://" to "https://” and that a padlock icon appears in your browser line. If SSL encryption is enabled, the data you transmit to us cannot be read by third parties.
We use external service providers (processors), for example, to ship goods and distribute our newsletter. A separate agreement on commissioned data processing has been signed with the service provider to ensure that your personal data is protected.