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Privacy policy

Processing of personal data

Skantherm GmbH & Co. KG takes the protection of your personal data very seriously. We treat your personal data as confidential, and in accordance with both data protection legislation and the provisions of this Privacy Policy. The use of our website is typically possible without providing personal data. In cases where personal data (e.g. your name, address or email address) are collected on our website, this is always done on a voluntary basis as far as possible. These data are never shared with third parties without your express consent. Please be advised that data transmission over the internet (e.g. when communicating via email) may involve security vulnerabilities. It is not possible to provide end-to-end protection for data against unauthorised access by third parties.

Definitions

a) Personal data
Personal data means 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.

b) Data subject
The data subject is any identified or identifiable natural person whose personal data is processed by the data controller.

c) Processing
Processing means any operation or set of operations which is 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.

d) Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.

e) Profiling
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.

f) Pseudonymisation
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.

g) Controller
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.

h) Processor
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

i) Recipient
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 are not regarded as recipients.

j) 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.

k) Consent
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.

Server log files

As the provider of this website, we collect and store information provided to us by your browser automatically in files known as ‘server log files’. This information includes:

  • Web browser type/version
  • Operating system used
  • Referrer URL
  • Hostname/IP of the computer used to access the website
  • Time of day of server request 

Rights of the data subject

a) Right of confirmation
According to the law of the European Union, a data subject is granted the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may contact an employee of the controller for this purpose at any time.

b) Right to information
According to the law of the European Union, a data subject whose personal data is processed is granted the right, which may be exercised at any time and at no cost to the data subject, to obtain information about the personal data concerning him or her that are stored, and to obtain a copy of this information. Moreover, the law of the European Union grants the data subject the right of access to information about

  • the purposes of the processing;
  • the categories of personal data concerned;
  • 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;
  • where 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 from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
  • the right to lodge a complaint with a supervisory authority;
  • where the personal data are not collected from the data subject, any available information as to their source; and
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the EU 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.

Moreover, the data subject has the right to be informed of whether personal data have been transferred to a third country or an international organisation. If this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to that transfer.

If a data subject wishes to exercise this right to information, he or she may contact an employee of the controller for this purpose at any time.

c) Right to rectification
According to the law of the European Union, a data subject whose personal data is processed is granted the right to obtain the rectification of inaccurate personal data concerning him or her without undue delay. Moreover, and taking into account the purposes of the processing, the data subject also has the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may contact an employee of the controller for this purpose at any time.

d) Right to erasure (‘right to be forgotten’)
According to the law of the European Union, a data subject whose personal data is processed is granted the right to obtain from the controller the erasure of personal data concerning him or her without undue delay, if one of the following grounds applies and where processing is not necessary:

  • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  • The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) of the EU GDPR, or point (a) of Article 9(2) of the EU GDPR, and where there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to Article 21(1) of the EU 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 EU GDPR.
  • The personal data have been unlawfully processed.
  • 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.
  • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the EU GDPR.

If one of the abovementioned reasons is applicable and a data subject wishes to exercise this right to the erasure of personal data that we have stored, he or she may contact an employee of the controller for this purpose at any time. We will arrange for this erasure request to be honoured without undue delay.

If we have made the personal data public and our company is obliged as the controller pursuant to Article 17(1) of the EU GDPR to erase the personal data, and processing of the personal data is not necessary, then we will, taking account of available technology and the cost of implementation, 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. We will make the necessary arrangements on a case-by-case basis.

e) Right to restriction of processing
According to the law of the European Union, a data subject whose personal data is processed is granted the right to obtain from the controller restriction of processing where one of the following applies:

  • 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 and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
  • 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.
  • The data subject has objected to processing pursuant to Article 21(1) of the EU GDPR pending the verification of whether the legitimate grounds of the controller override those of the data subject.

If one of the abovementioned conditions is met and a data subject wishes to exercise this right to the restriction of personal data that we have stored, he or she may contact an employee of the controller for this purpose at any time. We will make arrangements to enforce the restriction of processing.

f) Right to data portability
According to the law of the European Union, a data subject whose personal data is processed is granted the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. Moreover, this data subject also has 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) of the EU GDPR or point (a) of Article 9(2) of the EU GDPR or on a contract pursuant to point (b) of Article 6(1) of the EU GDPR; and (b) the processing is carried out by automated means. 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.

Moreover, in exercising his or her right to data portability pursuant to Article 20(1) of the EU GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible, and where exercising this right of data portability does not adversely affect the rights and freedoms of others.

If a data subject wishes to exercise this right to data portability, he or she may contact an employee of skantherm GmbH & Co. KG for this purpose at any time.

g) Right to object
According to the law of the European Union, a data subject whose personal data is processed is granted the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) of the EU GDPR, including profiling based on those provisions.

In the event of such an objection, we will no longer process the personal data unless we are able to demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or which are required for the establishment, exercise or defence of legal claims.

Where we process personal data for direct marketing purposes, the data subject has the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.  Where the data subject objects to our processing for direct marketing purposes, we will no longer process the personal data for such purposes.

Where we process personal data for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the EU GDPR, the data subject, on grounds relating to his or her particular situation, also has the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

To exercise this right to object, the data subject can contact us directly at any time. Moreover, the data subject may, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, exercise his or her right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling
According to the law of the European Union, a data subject whose personal data is processed is granted the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her. This provision does not apply if this decision: (a) is necessary for entering into, or performance of, a contract between the data subject and a data 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.

If the decision is necessary for entering into, or performance of, a contract between the data subject and a data controller, or if it is based on the data subject’s explicit consent, we will implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, which include 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.

If the data subject wishes to exercise rights related to automated decision-making, he or she may contact an employee of the controller for this purpose at any time.

i) Right to withdraw consent given under data protection law
According to the law of the European Union, a data subject whose personal data is processed is granted the right to withdraw consent he or she has given for the processing of personal data at any time.

If the data subject wishes to exercise this right to withdraw consent, he or she may contact an employee of the controller for this purpose at any time.

COOKIES

We use cookies on this website. Cookies are text files that are created and stored on a computer system by a web browser.

Lots of websites and servers now use cookies. Many cookies contain what’s known as a “cookie ID”. A cookie ID provides a unique identifier for the cookie. This consists of a character string that can be used to link web pages and servers to the specific web browser with which the cookie was saved. This means that the web pages and servers visited can recognise the individual web browser used by the user in question, and tell it apart from other web browsers with different cookies. A specific web browser can be recognised and identified by using the unique cookie ID.

By using cookies, visitors to this website can be provided with more user-friendly services that would not be possible if cookies were not saved.

A cookie can be used to optimise the information and services provided by our website to the specific requirements of a user. As already mentioned, cookies let us identify previous users when they return to our website. The purpose of recognising users is to make it easier for these visitors to use our website. As one example, a visitor to a website that uses cookies will not need to enter their login details every time they visit the website, since this is handled by the website itself, using the cookie stored on the user’s own computer system. Another example is the cookie used for the basket in an online shop. The online shop uses the cookie to make a note of the products that a customer has placed in their virtual basket.

Any website visitor can prevent cookies being saved by our website at any time by configuring their web browser appropriately – and can prevent cookies from being saved by the website at any time in the future, for example. In addition, cookies already saved can be deleted at any time from a web browser or other kinds of software programs. Options to do so are available in all web browsers. If a visitor prevents cookie storage in the web browser used to access our website, this may mean that some functions offered by our website cannot be used to their full extent.

Google Analytics

Our website uses Google Analytics. Google Analytics is a web analysis service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter ‘Google’).

As a result of certification according to the EU-US Privacy Shield (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active), Google guarantees full compliance with EU data protection legislation even if data is processed in the USA.

The Google Analytics service is used to analyse user behaviour on our website. The legal basis for this is point (f) of art. 6(1) of the EU GDPR. Our legitimate interest here is the analysis, optimisation and cost-effective operation of our website.

Usage and user-related data – such as the IP address, or the location, time or frequency of visits to our website – are transferred to a Google server in the USA and stored there. Please note that we use Google Analytics with the ‘anonymisation’ option. This option means that Google shortens the IP address before it leaves the EU or EEA.

The data collected is then used by Google to provide us with an analysis of visits to our website and of the usage behaviour associated with these visits. This data may also be used in order to provide additional services that are related to the use of our website and the use of the internet.

Google states that your IP address is not associated with other data.

Under https://policies.google.com/technologies/partner-sites?hl=en, Google also provides you with other legal information about data protection – such as the option to prevent the use of your data, for example.

Google also provides a browser opt-out add-on as well as other information at https://tools.google.com/dlpage/gaoptout?hl=de.

This add-on can be installed into popular web browsers and offers you an additional level of control over the data that Google collects when you visit our website. The add-on works by informing the JavaScript used by Google Analytics (‘ga.js’) that the information about your visit to our website must not be sent to Google Analytics. Please note that this does not prevent the transfer of information to us or to other web analysis services. We will naturally inform you about our use of other web analysis services in this privacy policy.

You may withdraw your consent to the use of the special analysis cookie at any time. You can do this either by unchecking the checkbox or by removing the relevant cookie that is stored locally in your browser.

Google Maps

This website uses the Google Maps product from Google Inc. By using this website you give your consent to the collection, processing and use of automatically collected data by Google Inc, its representatives and other third parties.
For the terms and conditions of use for Google Maps, please visit
https://www.google.com/intl/en_en/help/terms_maps.html

Registration on our website

The data subject is given the opportunity to register on the website of the controller; registration involves the data subject providing personal data. The specific kinds of personal data transmitted to the controller will depend on the respective input form that is used for the registration procedure. The personal data provided by the data subject will be collected and stored solely for internal use by the controller and for the controller’s own purposes. The controller may arrange for the personal data to be shared with one or more processors – such as a parcel service provider, for example. Such processors who will also use the personal data solely for internal purposes and as specified by the controller.

When a data subject registers on the controller’s website, the following items of data are stored: the IP address assigned to the data subject by his or her Internet Service Provider (ISP), the date and the time of registration. The storage of these data is necessary in order to prevent the misuse of our services: if required, these data can be used to investigate criminal acts that have been committed. Accordingly, the controller is required to store these data as a security measure. As a rule, these data are not shared with third parties, except in cases where we are legally obliged to disclose these data or disclosure is required for law enforcement.

The registration of the data subject, which involves the voluntary provision of personal data, is used by the controller to offer the data subject content or services that, by their very nature, can be offered only to registered users. Registered persons are given the opportunity to modify the personal data that they provided during registration at any time and may also erase these data completely from the controller’s dataset at any time.

On request, the controller will provide any data subject at any time with information about the personal data that are stored about this data subject. Moreover, the controller will, at the data subject’s request or notification, rectify or erase personal data, where these actions are permissible in accordance with the controller’s legal duties of retention. Any Data Protection Officer mentioned by name in this Privacy Policy as well as any member of the workforce employed by the controller are available to the data subject as a contact person in this context.

Contact form (Kopie 1)

Our website includes a contact form that can be used to communicate with us electronically on a number of different subjects and topics. If you make use of this feature, the data you enter into the fields on the form will be sent to us over an encrypted channel and stored by us. This data is then only ever processed in relation to the specific topic that is referenced by the contact form itself.

You can use our contact form to send us a message at any time. The information collected can be identified by looking at the fields in the web form. Mandatory fields in the form are clearly marked with an asterisk. The data that we ask for in these mandatory fields is essential for responding to your enquiry.

We process this personal data from the contact form as part of handling your communication and responding to the details of your enquiry. If you use the form to make contact with us, we have a legitimate interest in processing your personal data. Other items of personal data processed during the submission of the form are used to prevent misuse of our contact form and to maintain the security of our IT systems.

The legal basis for processing this data is our legitimate interest in data processing pursuant to point f) of Article 6(1) of the EU GDPR. Our legitimate interest arises from the fact that we must process your data in order to actually process your enquiry or communication and to reply to it as necessary. If your communication or enquiry relates to the conclusion of a contract, the supplementary legal basis for processing is point b) of Article 6(1) of the EU GDPR (steps taken prior to entering into a contract). The legal basis for processing any other personal data processed during the submission of the form is our legitimate interest in data processing pursuant to point f) of Article 6(1) of the EU GDPR, which consists of taking steps to prevent misuse of the contact form and to safeguard the security of our IT systems.

Items of data are deleted once they are no longer required to achieve the purpose for which they were collected. For personal data collected from the online contact form and items of data sent via email, this is the case once we have ended our communication with you. This communication is considered ended once the circumstances make it clear than the enquiry has been satisfactorily clarified and concluded. This communication may be subject to retention regulations from commercial or fiscal law, and its data may therefore have to be retained. The items of personal data additionally collected during form submission will be deleted after a period not exceeding X days.

You have the right to object to further processing of your data on the basis of a legitimate interest at any time. In such a case, our communication cannot then be continued. Your right to object to further data processing can be exercised by notifying us. No special format is required – an email is sufficient. In such a case, all personal data stored as part of our communication will be erased.

Contact form

Our website includes a contact form that can be used to communicate with us electronically on a number of different subjects and topics. If you make use of this feature, the data you enter into the fields on the form will be sent to us over an encrypted channel and stored by us. This data is then only ever processed in relation to the specific topic that is referenced by the contact form itself.

You can use our contact form to send us a message at any time. The information collected can be identified by looking at the fields in the web form. Mandatory fields in the form are clearly marked with an asterisk. The data that we ask for in these mandatory fields is essential for responding to your enquiry.

We process this personal data from the contact form as part of handling your communication and responding to the details of your enquiry. If you use the form to make contact with us, we have a legitimate interest in processing your personal data. Other items of personal data processed during the submission of the form are used to prevent misuse of our contact form and to maintain the security of our IT systems.

The legal basis for processing this data is our legitimate interest in data processing pursuant to point f) of Article 6(1) of the EU GDPR. Our legitimate interest arises from the fact that we must process your data in order to actually process your enquiry or communication and to reply to it as necessary. If your communication or enquiry relates to the conclusion of a contract, the supplementary legal basis for processing is point b) of Article 6(1) of the EU GDPR (steps taken prior to entering into a contract). The legal basis for processing any other personal data processed during the submission of the form is our legitimate interest in data processing pursuant to point f) of Article 6(1) of the EU GDPR, which consists of taking steps to prevent misuse of the contact form and to safeguard the security of our IT systems.

Items of data are deleted once they are no longer required to achieve the purpose for which they were collected. For personal data collected from the online contact form and items of data sent via email, this is the case once we have ended our communication with you. This communication is considered ended once the circumstances make it clear than the enquiry has been satisfactorily clarified and concluded. This communication may be subject to retention regulations from commercial or fiscal law, and its data may therefore have to be retained. The items of personal data additionally collected during form submission will be deleted after a period not exceeding X days.

You have the right to object to further processing of your data on the basis of a legitimate interest at any time. In such a case, our communication cannot then be continued. Your right to object to further data processing can be exercised by notifying us. No special format is required – an email is sufficient. In such a case, all personal data stored as part of our communication will be erased.

Legal basis of processing

Point (a) of Article 6(1) of the EU GDPR serves as the legal basis for processing work where our company seeks 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, which is for example applicable in the case of processing operations that are necessary in order to supply goods or to provide some other service or consideration, the legal basis for this processing is considered to be point (b) of Art. 6(1) of the EU GDPR. The same applies to those kinds of processing operations required in order to take steps prior to entering into a contract, such as enquiries concerning our products or services. If our company must process personal data in order to remain compliant with a legal obligation to which we are subject, such as the fulfilment of duties under tax law, the legal basis for this processing is considered to be point (c) of Art. 6(1) of the EU GDPR. In rare cases, processing of personal data may be necessary in order to protect the vital interests of the data subject or

of another natural person. This would be the case, for example, if a visitor suffers an injury on our premises and, as a result, his or her name, age, health insurer details or other vital information must be shared with a doctor, a hospital or some other third party. In this case, the legal basis for processing would be point (d) of Art. 6(1) of the EU GDPR. Lastly, point (f) Art. 6(1) of the EU GDPR may also offer a legal basis for processing operations. This legal basis applies to processing operations that are not covered by any of the aforementioned legal bases, and where processing is necessary to protect the legitimate interests of our company or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. We are entitled in particular to carry out these kinds of processing operations, because they are mentioned specifically in EU law. According to EU law, a legitimate interest could therefore be assumed in situations where the data subject is a client of the controller (Recital 47(2) of the GDPR).

Legal warning concerning email marketing

The operators of this website expressly prohibit the use of contact details provided in accordance with German law (Impressumspflicht) for the purpose of sending any advertising or information materials not expressly requested. The operators of this website expressly reserve the right to take legal action in the event of receiving unsolicited advertising information such as ‘spam’ mail.

Contact details for our Data Protection Officer:

Creditreform Compliance Services GmbH
Hellersbergstr. 11 
D - 41460 Neuss
Tel.: + 49 (0) 21 31 - 109 1072 
Mail: datenschutz(at)skantherm.de