Privacy Policy
We are very pleased about your interest in our company. Data protection has a particularly high priority for the management of J. Häuslschmid GmbH. The use of the internet pages of J. Häuslschmid GmbH is generally possible without any indication of personal data. However, if a data subject wants to use special services via our website, processing of personal data may become necessary. If the processing of personal data is required and there is no legal basis for such processing, we will generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with country-specific data protection regulations applicable to J. Häuslschmid GmbH. Through this privacy policy, our company aims to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Additionally, data subjects are informed of their rights through this policy.
J. Häuslschmid GmbH, as the data controller, has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed via this website. Nevertheless, internet-based data transmissions may have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example, by telephone.
1. Definitions
The privacy policy of J. Häuslschmid GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms, among others, in this privacy policy:
a) Personal data Personal data is 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.
b) Data subject Data subject is any identified or identifiable natural person whose personal data is processed by the controller.
c) Processing Processing is any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
e) Profiling Profiling is 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 analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
f) Pseudonymization Pseudonymization is 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 to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing Controller or controller responsible for the processing is 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.
h) Processor Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i) Recipient Recipient is 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.
j) Third party Third party is 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 authorized to process personal data.
k) Consent Consent is 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.
2. Name and Address of the responsible controller:
Controller in the sense of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other regulations with data protection character is:
J. Häuslschmid GmbH
Mayerhofen 2
84529 Tittmoning
Deutschland
Tel.: +49 8683 89700
E-Mail: info@haeuslschmid.de
Website: www.haeuslschmid.de
3. Cookies
The Internet pages of J. Häuslschmid GmbH use cookies. Cookies are text files that are stored and saved on a computer system via an Internet browser.
Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet pages and servers to differentiate the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.
By using cookies, J. Häuslschmid GmbH can provide users of this website with more user-friendly services that would not be possible without the cookie setting.
Through cookies, the information and offers on our website can be optimized in the interest of the user. Cookies enable us, as previously mentioned, to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. The user of a website that uses cookies does not have to enter access data again each time the website is visited, because this is taken over by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping cart in the online store. The online store remembers the items a customer has placed in the virtual shopping cart via a cookie.
The data subject can, at any time, prevent the setting of cookies by our website by means of a corresponding setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.
4. Collection of general data and information
The website of J. Häuslschmid GmbH collects a series of general data and information each time the website is accessed by a data subject or by an automated system. These general data and information are stored in the server’s log files. The following can be collected:
(1) the types and versions of browsers used,
(2) the operating system used by the accessing system,
(3) the website from which an accessing system reaches our website (so-called referrers),
(4) the sub-websites which are accessed via an accessing system on our website,
(5) the date and time of access to the website,
(6) an Internet protocol address (IP address),
(7) the Internet service provider of the accessing system, and
(8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using these general data and information, J. Häuslschmid GmbH does not draw any conclusions about the data subject. Rather, this information is needed to
(1) correctly deliver the contents of our website,
(2) optimize the contents of our website as well as its advertisement,
(3) ensure the long-term functionality of our information technology systems and the technology of our website, and
(4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack.
These anonymously collected data and information are therefore evaluated statistically by J. Häuslschmid GmbH, and also with the aim of increasing data protection and data security in our company, in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. Routine deletion and blocking of personal data
The controller processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this has been provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.
If the purpose of storage no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or deleted in accordance with the legal regulations.
6. Rights of the data subject
a) Right to confirmation
Every data subject has the right granted by the European legislator to obtain from the controller confirmation as to whether or not personal data concerning them are being processed. If a data subject wishes to exercise this right of confirmation, they may, at any time, contact any employee of the controller.
b) Right of access
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain at any time from the controller, free of charge, information about the personal data stored concerning them and a copy of that information. Furthermore, the European legislator has granted the data subject access to the following information:
the purposes of the processing;
the categories of personal data being processed;
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
if possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
the existence of the right to request rectification or erasure of personal data concerning them, or restriction of processing by the controller, or to object to such processing;
the right to lodge a complaint with a supervisory authority;
if the personal data are not collected from the data subject: any available information as to their source;
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 envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to know whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right of access, they may, at any time, contact any employee of the controller.
c) Right to rectification
Every data subject affected by the processing of personal data has the right granted by the European legislator to demand the immediate correction of inaccurate personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data – also by means of a supplementary statement.
If a data subject wishes to exercise this right to rectification, they may, at any time, contact any employee of the controller.
d) Right to erasure (Right to be forgotten)
Every data subject affected by the processing of personal data has the right granted by the European legislator to demand from the controller that personal data concerning them be erased immediately, provided one of the following reasons applies and insofar as the processing is not necessary:
The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
The data subject withdraws their consent on which the processing was based pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and there is no other legal basis for the processing.
The data subject objects to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) GDPR.
The personal data have been unlawfully processed.
The erasure of personal data is required for compliance with a legal obligation under Union or Member State law to which the controller is subject.
The personal data were collected in relation to the offer of information society services referred to in Art. 8(1) GDPR.
If one of the above reasons applies and a data subject wishes to request the erasure of personal data stored by J. Häuslschmid GmbH, they may, at any time, contact any employee of the controller. The employee of J. Häuslschmid GmbH shall arrange for the erasure request to be complied with immediately.
If the personal data have been made public by J. Häuslschmid GmbH and our company, as the controller, is obliged pursuant to Art. 17(1) GDPR to erase the personal data, J. Häuslschmid GmbH, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers which are processing the published personal data that the data subject has requested the erasure by such controllers of any links to, or copies or replications of, those personal data, insofar as processing is not required. The employee of J. Häuslschmid GmbH will take the necessary steps in individual cases.
e) Right to restriction of processing
Every data subject affected by the processing of personal data has the right granted by the European legislator to request from the controller restriction of processing if one of the following conditions is met:
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.
The processing is unlawful, the data subject opposes the erasure of the personal data and requests instead the restriction of their use.
The controller no longer needs the personal data for the purposes of the processing, but the data subject requires them for the establishment, exercise or defense of legal claims.
The data subject has objected to processing pursuant to Art. 21(1) GDPR and it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by J. Häuslschmid GmbH, they may, at any time, contact any employee of the controller. The employee of J. Häuslschmid GmbH will arrange the restriction of processing.
f) Right to data portability
Every data subject affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning them, which were provided by the data subject to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising their right to data portability pursuant to Art. 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.
To assert the right to data portability, the data subject may, at any time, contact any employee of J. Häuslschmid GmbH.
g) Right to object
Every data subject affected by the processing of personal data has the right granted by the European legislator to object at any time, on grounds relating to their particular situation, to processing of personal data concerning them which is based on Art. 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.
J. Häuslschmid GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the establishment, exercise or defense of legal claims.
If J. Häuslschmid GmbH processes personal data for direct marketing purposes, the data subject has the right to object at any time to processing of personal data concerning them for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to J. Häuslschmid GmbH to the processing for direct marketing purposes, J. Häuslschmid GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to their particular situation, to object to processing of personal data concerning them by J. Häuslschmid GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object, the data subject may directly contact any employee of J. Häuslschmid GmbH or another employee. The data subject is also free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Every data subject affected by the processing of personal data has the right granted by the European legislator not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning them or similarly significantly affects them, unless the decision:
(1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or
(2) is authorized 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
(3) is based on the data subject's explicit consent.
If the decision:
(1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or
(2) it is made with the data subject's explicit consent,
J. Häuslschmid GmbH shall implement suitable measures to safeguard the rights and freedoms and legitimate interests of the data subject, at least the right to obtain human intervention on the part of the controller, to express their point of view and to contest the decision.
If the data subject wishes to assert rights relating to automated decisions, they may, at any time, contact any employee of the controller.
i) Right to withdraw consent under data protection law
Every data subject affected by the processing of personal data has the right granted by the European legislator to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise their right to withdraw consent, they may, at any time, contact any employee of the controller.
7. Data protection for applications and in the application process
The controller collects and processes the personal data of applicants for the purpose of handling the application procedure. Processing may also take place electronically. This is particularly the case if an applicant submits corresponding application documents electronically, for example by email or via a web form on the website, to the controller.
If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the legal requirements.
If no employment contract is concluded by the controller with the applicant, the application documents shall be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the controller oppose the deletion. Other legitimate interest in this sense is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).
8. Data protection provisions about the application and use of Matomo
The controller has integrated the Matomo component on this website. Matomo is an open-source software tool for web analysis. Web analysis is the collection, gathering and evaluation of data about the behavior of visitors to websites. A web analysis tool collects, among other things, data about from which website a data subject came to a website (so-called referrer), which subpages of the website were accessed, or how often and for what duration a subpage was viewed. A web analysis is mainly used for the optimization of a website and for the cost-benefit analysis of internet advertising.
The software is operated on the server of the controller, the data protection-sensitive log files are stored exclusively on this server.
The purpose of the Matomo component is the analysis of visitor flows on our website. The controller uses the data and information obtained, among other things, to evaluate the use of this website in order to compile online reports, which show the activities on our web pages.
Matomo sets a cookie on the information technology system of the data subject. What cookies are has already been explained above. The setting of the cookie enables us to analyze the use of our website. Each time one of the individual pages of this website is called up, the internet browser on the information technology system of the data subject is automatically prompted by the Matomo component to transmit data to our server for the purpose of online analysis. In the course of this technical process, we gain knowledge of personal data, such as the IP address of the data subject, which serves us, among other things, to trace the origin of the visitors and clicks.
Using the cookie, personal information is stored, such as the access time, the place from which an access originated and the frequency of visits to our website. Each time our websites are visited, this personal data, including the IP address of the internet connection used by the data subject, is transmitted to our server. This personal data is stored by us. We do not pass this personal data on to third parties.
The data subject may, as already stated above, prevent the setting of cookies through our website at any time by means of a corresponding setting of the internet browser used and thus permanently object to the setting of cookies. Such a setting of the internet browser used would also prevent Matomo from setting a cookie on the information technology system of the data subject. In addition, a cookie already set by Matomo can be deleted at any time via the internet browser or other software programs.
Furthermore, the data subject has the option of objecting to the collection of data generated by Matomo relating to the use of this website and of preventing such collection. To do this, the data subject must set a "Do Not Track" setting in their browser.
However, if the opt-out cookie is set, there is a possibility that the websites of the controller will no longer be fully usable for the data subject.
Further information and the applicable data protection provisions of Matomo can be retrieved under https://matomo.org/privacy/
9. Legal basis of the processing
Art. 6(1)(a) GDPR serves our company as a legal basis for processing operations for which we obtain consent for a specific processing purpose.
If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, with processing operations necessary for the supply of goods or the provision of any other service or consideration, the processing is based on Art. 6(1)(b) GDPR. The same applies to such processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services.
If our company is subject to a legal obligation by which processing of personal data is required, such as for compliance with tax obligations, the processing is based on Art. 6(1)(c) GDPR.
In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and their name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1)(d) GDPR.
Ultimately, processing operations could be based on Art. 6(1)(f) GDPR. This legal basis is used for processing operations which are not covered by any of the aforementioned legal bases, if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. In that regard, he considered that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR).
10. Legitimate interests pursued by the controller or a third party
If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is to carry out our business activities in favor of the well-being of all our employees and shareholders.
11. Period for which the personal data will be stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiration of the period, the corresponding data are routinely deleted, provided they are no longer required for the fulfillment or initiation of a contract.
12. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide
We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner).
Sometimes it may be necessary for the conclusion of a contract that a data subject provides us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded.
Before providing personal data by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject, on a case-by-case basis, whether the provision of personal data is required by law or contract, or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.
13. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
Diese Datenschutzerklärung wurde durch den Datenschutzerklärungs-Generator der DGD Deutsche Gesellschaft für Datenschutz GmbH, die als Externer Datenschutzbeauftragter Essen tätig ist, in Kooperation mit den Datenschutz Anwälten der Kanzlei WILDE BEUGER SOLMECKE erstellt.