Data protection rules
Winterhoff Picard GmbH
Wüstenhagener Str. 63
42855 Remscheid
Germany
Phone: +49 2191 9885-0
Fax: +49 2191 9885-55
E-mail: info@winterhoff-picard.de
Data protection officer
Dr. Patrick Schweisthal
Siegfriedstr. 8
80803 Munich
Phone: +49 89 7400 45840
E-mail: pschweisthal@consulting.dataguard.de
Security and protection of your personal data
We consider it our primary responsibility to maintain the confidentiality of the personal information you provide to us and to protect it from unauthorized access. Therefore, we use extreme care and state-of-the-art security standards to ensure maximum protection of your personal data.
As a company under private law, we are subject to the provisions of the European Data Protection Regulation (DSGVO) and the regulations of the German Federal Data Protection Act (BDSG). We have taken technical and organizational measures to ensure that the regulations on data protection are observed both by us and by our external service providers.
Definitions
The legislator requires that personal data be processed in a lawful manner, in good faith and in a way that is comprehensible to the data subject (“lawfulness, processing in good faith, transparency”). To ensure this, we inform you about the individual legal definitions, which are also used in this privacy policy:
1. personal data
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “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.
2. processing
“Processing” means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, 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 future processing.
4. profiling
“Profiling” means any type of automated processing of personal data that consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to that natural person’s job performance, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location.
5. pseudonymization
“Pseudonymization” means the processing of personal data in such a way 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 organizational measures which ensure that the personal data cannot be attributed to an identified or identifiable natural person.
6. file system
“File system” means any structured collection of personal data accessible according to specified criteria, whether such collection is maintained on a centralized, decentralized, or functional or geographic basis.
7. responsible person
“controller” means a 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 designation may be provided for by Union or Member State law.
8. order processor
“Processor” means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the Controller.
9. receiver
“Recipient” means a natural or legal person, public authority, agency or other body to whom Personal Data is disclosed, whether or not a third party. However, authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law shall not be considered as recipients; the processing of such data by the aforementioned authorities shall be carried out in accordance with the applicable data protection rules, in line with the purposes of the processing.
10. third
“Third party” means a natural or legal person, public authority, agency or other body, other than the data subject, the controller, the processor and the persons authorized to process the personal data under the direct responsibility of the controller or the processor.
11. consent
Consent” of the data subject means any freely given specific, informed and unambiguous indication of his or her wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.
Lawfulness of processing
The processing of personal data is only lawful if there is a legal basis for the processing. The legal basis for the processing may be Article 6 para. 1 lit. a – f GDPR shall be in particular:
a. The data subject has given his/her consent to the processing of personal data concerning him/her for one or more specific purposes;
b. the processing is necessary for the performance of a contract to which the data subject is party or for the implementation of pre-contractual measures taken at the data subject’s request;
c. processing is necessary for compliance with a legal obligation to which the controller is subject;
d. the processing is necessary to protect the vital interests of the data subject or 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 of the controller or of a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data, in particular where the data subject is a child.
Information about the collection of personal data
(1) In the following, we inform about the collection of personal data when using our website. Personal data are e.g. name, address, e-mail addresses, user behavior.
(2) If you contact us by e-mail or via a contact form, the data you provide (your e-mail address, name and telephone number, if applicable) will be stored by us in order to answer your questions. We delete the data accruing in this context after storage is no longer necessary, or processing is restricted if there are legal obligations to retain data.
Collection of personal data when visiting our website
In the case of merely informational use of the website, i.e. if you do not register or otherwise transmit information to us, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure stability and security (legal basis is Art. 6 para. 1 p. 1 lit. f DSGVO):
– IP address
– Date and time of the request
– Time zone difference from Greenwich Mean Time (GMT)
– Content of the request (concrete page)
– Access status/HTTP status code
– Data volume transferred in each case
– Website from which the request comes
– Browser
– Operating system and its interface
– Language and version of the browser software.
Cookies use
(1) In addition to the previously mentioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive associated with the browser you are using and through which certain information flows to the entity that sets the cookie. Cookies cannot execute programs or transfer viruses to your computer. They serve to make the Internet offer as a whole more user-friendly and effective.
(2) This website uses the following types of cookies, the scope and functionality of which are explained below:
– Transient cookies (for this purpose a.)
– Persistent cookies (for this purpose b.).
a. Transient cookies are automatically deleted when you close the browser. These include in particular the session cookies. These store a so-called session ID, with which various requests from your browser can be assigned to the joint session. This allows your computer to be recognized when you return to our website. The session cookies are deleted when you log out or close the browser.
b. Persistent cookies are automatically deleted after a predefined duration, which may differ depending on the cookie. You can delete the cookies in the security settings of your browser at any time.
c. You can configure your browser settings according to your preferences and, for example, refuse to accept third-party cookies or all cookies. So-called “third party cookies” are cookies that have been set by a third party, consequently not by the actual website you are currently on. We would like to point out that by deactivating cookies you may not be able to use all the functions of this website.
Klicken Sie hier, um Ihre Cookie-Zustimmung zu ändern.Use of Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. In the event that IP anonymization is activated on this website, however, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator.
The IP address transmitted by your browser as part of Google Analytics is not merged with other data from Google.
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 this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
This website uses Google Analytics with the extension “_anonymizeIp()”. This means that IP addresses are processed in abbreviated form, which means that they cannot be traced back to a specific person. Insofar as the data collected about you has a personal reference, this is therefore immediately excluded and the personal data is thus immediately deleted.
We use Google Analytics to analyze and regularly improve the use of our website. The statistics obtained enable us to improve our offer and make it more interesting for you as a user. For the exceptional cases where personal data is transferred to the US, Google has submitted to the EU-US Privacy Shield, www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Art.
Matomo
Scope of data processing
We use the open source software tool Matomo on our website to analyze the surfing behavior of our users. When individual pages of our website are accessed, the following data is stored:
- 3 bytes of the IP address of the user’s accessing system
- the website accessed
- the website from which the user accessed the website (referrer)
- the subpages that are accessed from the accessed website
- the time spent on the website
- the frequency with which the website is accessed
- The software runs exclusively on the servers of our website. This data is only stored there. The data is not passed on to third parties. The software is set so that the IP addresses are not stored in full, but the last byte of the IP address is masked (e.g. 192.168.100.xxx). In this way, it is no longer possible to assign the shortened IP address to the calling computer.
Legal basis
The legal basis for the processing of users’ personal data is Art. 6 para. 1 lit. f GDPR.
Purpose of the data processing
The processing of this personal data enables us to analyze the surfing behavior of our users. By evaluating the data obtained, we are able to compile information about the use of the individual components of our website. This helps us to constantly improve our website and its user-friendliness. These purposes also constitute our legitimate interest in processing the data in accordance with Art. 6 para. 1 lit. f GDPR. By anonymizing the IP address, the interest of users in the protection of their personal data is sufficiently taken into account.
Possibility of objection and removal
We offer our users the option of opting out of the analysis process on our website. To do so, you must follow the corresponding link. In this way, a cookie is set on your system which signals to our system not to store the user’s data. If you delete the corresponding cookie from your own system in the meantime, you must set the opt-out cookie again.
You can find more information on the privacy settings of the Matomo software under the following link: https://matomo.org/docs/privacy/.
You may choose to prevent this website from aggregating and analyzing the actions you take here. Doing so will protect your privacy, but will also prevent the owner from learning from your actions and creating a better experience for you and other users.
SalesViewer
This website uses SalesViewer® technology from SalesViewer® GmbH on the basis of the website operator’s legitimate interests (Section 6 paragraph 1 lit.f GDPR) in order to collect and save data on marketing, market research and optimisation purposes.
In order to do this, a javascript based code, which serves to capture company-related data and according website usage. The data captured using this technology are encrypted in a non-retrievable one-way function (so-called hashing). The data is immediately pseudonymised and is not used to identify website visitors personally
The data stored by SalesViewer® will be deleted as soon as they are no longer required for their intended purpose and there are no legal obligations to retain them.
The data recording and storage can be repealed at any time with immediate effect for the future, by clicking on https://www.salesviewer.com/opt-out in order to prevent SalesViewer® from recording your data. In this case, an opt-out cookie for this website is saved on your device. If you delete the cookies in the browser, you will need to click on this link again.
Other functions and offers of our website
(1) In addition to the purely informational use of our website, we offer various services that you can use if you are interested. For this purpose, you will usually have to provide additional personal data that we use to provide the respective service and to which the aforementioned data processing principles apply.
(2) In some cases, we use external service providers to process your data. They have been carefully selected and commissioned by us, are bound by our instructions and are regularly inspected.
(3) Furthermore, we may pass on your personal data to third parties if promotional participations, competitions, contract conclusions or similar services are offered by us together with partners. You will receive more detailed information on this when you provide your personal data or below in the description of the offer.
(4) If our service providers or partners are located in a country outside the European Economic Area (EEA), we will inform you about the consequences of this circumstance in the description of the offer.
Children
Our offer is basically aimed at adults. Persons under the age of 18 should not submit any personal data to us without the consent of their parents or legal guardians.
Rights of the data subject
(1) Revocation of consent
If the processing of personal data is based on a granted consent, you have the right to revoke the consent at any time. The revocation of consent shall not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
To exercise the right of withdrawal, you can contact us at any time.
(2) Right to confirmation
You have the right to request confirmation from the controller as to whether we are processing personal data relating to you. You can request confirmation at any time using the contact details above.
(3) Right to information
If personal data is processed, you can request information about this personal data and about the following information at any time:
a. the purposes of processing;
b. the categories of personal data that are processed;
c. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations;
d. if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;
e. the existence of a right to rectification or erasure of personal data concerning you or to restriction of processing by the controller or a right to object to such processing;
f. the existence of a right of appeal to a supervisory authority;
g. if the personal data are not collected from the data subject, any available information on the origin of the data;
h. the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
If personal data is transferred to a third country or to an international organization, you have the right to be informed about the appropriate safeguards pursuant to Article 46 of the GDPR in connection with the transfer. We will provide a copy of the personal data that is the subject of the processing. For any additional copies you request person, we may charge a reasonable fee based on administrative costs. If you make the request electronically, the information must be provided in a common electronic format, unless it specifies otherwise. The right to receive a copy under paragraph 3 shall not affect the rights and freedoms of other persons.
(4) Right to rectification
You have the right to request that we correct any inaccurate personal data concerning you without undue delay. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data – also by means of a supplementary declaration.
(5) Right to erasure (“right to be forgotten”)
You have the right to request the controller to delete personal data concerning you without undue delay, and we are obliged to delete personal data without undue delay, if one of the following reasons applies:
a. The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
b. The data subject revokes the consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR and there is no other legal basis for the processing.
c. The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
d. The personal data have been processed unlawfully.
e. The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
f. The personal data has been collected in relation to information society services offered in accordance with Article 8(1) of the GDPR.
If the controller has disclosed the personal data to the public and is obliged to erase it pursuant to paragraph 1, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that a data subject has requested that they erase all links to or copies or replications of such personal data.
The right to erasure (“right to be forgotten”) does not exist insofar as the processing is necessary:
– to exercise the right to freedom of expression and information;
– for compliance with a legal obligation which requires processing under 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 field of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
– for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, insofar as the right referred to in paragraph 1 is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or
– for the assertion, exercise or defense of legal claims.
(6) Right to restriction of processing
You have the right to request us to restrict the processing of your personal data if one of the following conditions is met:
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 refuses the erasure of the personal data and instead requests the restriction of the use of the personal data;
c. the controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the assertion, exercise or defense of legal claims; or
d. the data subject has objected to the processing pursuant to Article 21(1) of the GDPR, as long as it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted in accordance with the above conditions, such personal data shall – apart from being stored – only be processed with the consent of the data subject or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or a Member State.
In order to exercise the right to restrict the processing, the data subject may contact us at any time using the contact details provided above.
(7) Right to data portability
You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format, and you have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that:
a. the processing is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a) or on a contract pursuant to Article 6(1)(b) DSGVO and
b. the processing is carried out with the help of automated procedures.
When exercising the right to data portability pursuant to paragraph 1, you have the right to obtain that the personal data be transferred directly from one controller to another controller, to the extent that this is technically feasible. The exercise of the right to data portability does not affect the right to erasure (“right to be forgotten”). This right does not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
(8) Right of objection
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) DSGVO; this also applies to profiling based on these provisions. The controller shall no longer process the personal data unless it can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.
If personal data is processed for the purpose of direct marketing, you have the right to object at any time to processing of personal data concerning you for the purpose of such marketing; this also applies to profiling insofar as it is related to such direct marketing. If you object to processing for direct marketing purposes, the personal data will no longer be processed for these purposes.
In connection with the use of information society services, notwithstanding Directive 2002/58/EC, you may exercise your right to object by means of automated procedures using technical specifications.
You have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1), unless the processing is necessary for the performance of a task carried out in the public interest.
You can exercise the right to object at any time by contacting the respective person responsible.
(9) Automated decisions in individual cases 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 does not apply if the decision:
a. is necessary for the conclusion or performance of a contract between the data subject and the controller,
b. is permitted by Union or Member State legislation to which the controller is subject and that legislation contains appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject; or
c. with the express consent of the data subject.
The controller shall take reasonable steps to safeguard the rights and freedoms as well as the legitimate interests of the data subject, which shall include, at least, the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.
The data subject may exercise this right at any time by contacting the respective data controller.
(10) Right to complain to a supervisory authority
They shall also have the right, without prejudice to any other administrative or judicial remedy, to lodge a complaint with a supervisory authority, in particular in the Member State of their residence, place of work or the place of the alleged infringement, if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.
(11) Right to effective judicial remedy
They shall have the right to an effective judicial remedy, without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR, if they consider that their rights under this Regulation have been infringed as a result of the processing of their personal data not in compliance with this Regulation.