Privacy Policy Statement

Privacy policy for the website herbst-mischtechnik.de

I. Name and address of the person responsible

Herbst Metalltechnik GmbH ∙ Mr Philipp Herold
Rudolf-Diesel-Straße 7, 21614 Buxtehude, Germany
Telephone: +49 (0) 4161 7239-0, e-mail: kontakt@herbst-mischtechnik.de

II General information on data processing

1. Scope of the processing of personal data
   As a matter of principle, we process personal data of our users only to the extent necessary to provide a functional website and our content and services. The processing of personal data of our users is regularly only carried out with the consent of the user. An exception applies in those cases in which it is not possible to obtain prior consent for actual reasons and the processing of the data is permitted by legal regulations.
   
2. Legal basis for the processing of personal data
   Insofar as we obtain the consent of the data subject for processing operations involving personal data, Article 6 (1) lit. a of the EU General Data Protection Regulation (DSGVO) serves as the legal basis.
   When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) (b) DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
   Insofar as the processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, Art. 6 (1) c DSGVO serves as the legal basis.
   In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) (d) DSGVO serves as the legal basis.
   If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 (1) lit. f DSGVO serves as the legal basis for the processing.
   
3. Data deletion and storage period
   The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. Storage may take place beyond this if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a necessity for the continued storage of the data for the conclusion or fulfilment of a contract.

III. provision of the website and creation of log files

1 Description and scope of data processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer. The following data is collected:

Information about the type of browser and the version used.
The user’s operating system
The user’s internet service provider
The IP address of the user
Date and time of access
Websites from which the user’s system accesses our website
Websites that are accessed by the user’s system via our website
This data is also stored in the log files of our system. This data is not stored together with other personal data of the user.

2. legal basis for data processing

The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 lit. f DSGVO.

3 Purpose of the data processing

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

The storage in log files is done to ensure the functionality of the website. In addition, we use the data 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.

These purposes are also our legitimate interest in data processing according to Art. 6 Para. 1 lit. f DSGVO.

4 Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was 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.

In the case of storage of data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.

5. Possibility of objection and removal

The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility for the user to object.

IV. Use of cookies

1 Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. When a user calls up a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.

We use cookies to make our website more user-friendly.

Some elements of our website require that the calling browser can be identified even after a page change. The following data is stored and transmitted in the cookies:

Log-in information
Use of website functions
The user data collected in this way is pseudonymised by technical precautions. Therefore, it is no longer possible to assign the data to the calling user. The data is not stored together with other personal data of the user. When accessing our website, users are informed by an information banner about the use of cookies for analysis purposes and are referred to this data protection declaration. In this context, there is also an indication of how the storage of cookies can be prevented in the browser settings.

When accessing our website, the user is informed about the use of cookies for analysis purposes and his or her consent to the processing of personal data used in this context is obtained. In this context, a reference to this data protection declaration is also made.

2 Legal basis for data processing

The legal basis for the processing of personal data using technically necessary cookies is Art. 6 (1) lit. f DSGVO. The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 para. 1 lit. a DSGV if the user has given his consent in this regard.

3 Purpose of the data processing

The purpose of using 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. For these, it is necessary that the browser is recognised even after a page change.

We require cookies for the following applications:

Log-in information
Use of website functions
The user data collected through technically necessary cookies are not used to create user profiles. These purposes also constitute our legitimate interest in processing the personal data in accordance with Art. 6 Para. 1 lit. f DSGVO.

4 Duration of storage, possibility of objection and removal

Cookies are stored on the user’s computer and transmitted from it to our site. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be deleted 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 functions of the website to their full extent.

V. Contact form and e-mail contact

1. Description and scope of data processing

Our website contains a contact form that can be used for electronic contact. If a user makes use of this option, the data entered in the input mask is transmitted to us and stored. These data are:

Company
Name
Telephone
E-mail
Message

The following data is also stored at the time the message is sent:

The IP address of the user
Date and time of registration
For the processing of the data, your consent is obtained during the sending process and reference is made to this data protection declaration. Alternatively, it is possible to contact us via the e-mail address provided. In this case, the user’s personal data transmitted with the e-mail will be stored. In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.

2 Legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent. The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f DSGVO. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO. 3.

3 Purpose of the data processing

The processing of the personal data from the input mask serves us solely to process the contact. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in processing the data.

The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

4 Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when the circumstances indicate that the matter in question has been conclusively clarified. The additional personal data collected during the sending process will be deleted at the latest after a period of seven days.

5. Possibility of objection and removal

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued. All personal data that was stored in the course of contacting us will be deleted in this case.

VI. web analysis by Google Analytics

1. Scope of the processing of personal data

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 analyse 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 anonymisation 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. We would like to point out that on this website Google Analytics has been extended by the code „gat._anonymizeIp();“ in order to ensure anonymised collection of IP addresses (so-called IP masking).

Only in exceptional cases will the full IP address be 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 will not be merged with other Google data.

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. Furthermore, you can prevent the collection of the data generated by the cookie and related to your use of the website (incl. your IP address) to Google as well as the processing of this data by Google by downloading and installing the browser plugin available under the following link: Google Tool.

You can find more information on the terms of use and data protection under Terms and Policies.

2 Legal basis for the processing of personal data

The legal basis for the processing of users‘ personal data is Art. 6 para. 1 lit. f DSGVO.

3 Purpose of the data processing

The processing of the users‘ personal data enables us to analyse the surfing behaviour of our users. By evaluating the data obtained, we are able to compile information on the use of the individual components of our website. This helps us to continuously improve our website and its user-friendliness. These purposes are also our legitimate interest in processing the data in accordance with Art. 6 Para. 1 lit. f DSGVO.

The anonymisation of the IP address sufficiently takes into account the interest of users in the protection of their personal data.

4 Duration of storage

The data is deleted as soon as it is no longer required for our recording purposes. In our case, this happens after 26 months.

5. Possibility of objection and removal

Cookies are stored on the user’s computer and transmitted to our site by the user. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be deleted 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 functions of the website to their full extent.

VII. Rights of the data subject

If personal data is processed by you, you are a data subject within the meaning of the GDPR and you are entitled to the following rights vis-à-vis the controller:

1. Right to information

You may request confirmation from the controller as to whether personal data concerning you is being processed by us.

If there is such processing, you may request information from the controller about the following:

the purposes for which the personal data are processed,
the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed,
the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage duration,
the existence of a right to rectify or erase the personal data concerning you, a right to restrict processing by the controller or a right to object to such processing,
the existence of a right of appeal to a supervisory authority,
any available information on the origin of the data if the personal data is not collected from the data subject,
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.
You have the right to request information on whether personal data concerning you are transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate safeguards pursuant to Article 46 of the GDPR in connection with the transfer.

2. Right of rectification

You have a right of rectification and/or completion vis-à-vis the controller if the personal data processed concerning you are inaccurate or incomplete. The controller shall make the rectification without undue delay.

3. Right to restriction of processing

You may request the restriction of the processing of personal data concerning you under the following conditions:

if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data
the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data
the controller no longer needs the personal data for the purposes of processing, but you need it for the establishment, exercise or defence of legal claims, or
if you have objected to the processing pursuant to Article 21(1) DSGVO and it has not yet been determined whether the controller’s legitimate grounds override your grounds.
Where the processing of personal data relating to you has been restricted, such data may – apart from being stored – only be processed with your 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 substantial public interest of the Union or a Member State.

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

VIII Right to erasure

1. Obligation to erase

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

The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed.
You withdraw your consent on which the processing was based pursuant to Art. 6 (1) (a) or Art. 9 (2) (a) DSGVO and there is no other legal basis for the processing.
You object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) of the GDPR.
The personal data concerning you have been processed unlawfully.
The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.

The personal data concerning you was collected in relation to information society services offered pursuant to Art. 8(1) DSGVO.

2 Information to third parties

If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable steps, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers that process the personal data that you, as the data subject, have requested them to erase all links to, or copies or replications of, that personal data.

3. Exceptions

The right to erasure does not apply to the extent that the processing is necessary

for the exercise of 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 area of public health pursuant to Art. 9(2)(h) and (i) and Art. 9(3) DSGVO
for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89(1) DSGVO, insofar as the right referred to in section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or
for the assertion, exercise or defence of legal claims.

4. Right to information

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

You have the right to be informed about these recipients.

5. Right to data portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Art. 6 (1) a DSGVO or Art. 9 (2) a DSGVO or on a contract pursuant to Art. 6 (1) b DSGVO and
the processing is carried out with the help of automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. This must not affect the freedoms and rights of other persons.

The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

6. Right to object

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 concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.

If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purposes of such marketing; this also applies to profiling insofar as it is related to 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 have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.

7. Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

8 Automated decision-making 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 is

is necessary for the conclusion or performance of a contract between you and the controller,
is permissible under Union or Member State legislation to which the controller is subject and that legislation contains adequate measures to safeguard your rights and freedoms and your legitimate interests, or
is done with your explicit consent.
However, these decisions may not be based on special categories of personal data pursuant to Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, including 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.

9. Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

The supervisory authority to which the complaint has been lodged will inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

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