Privacy Policy

1. Introduction

We are pleased about your interest in our company. The use of our website is generally possible without providing any personal data. However, if a data subject wishes to use special services of our company via our website, processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we 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 the country-specific data protection regulations applicable to us. By means of this privacy policy, our company wishes to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed of their rights by means of this privacy policy.

As the controller responsible for processing, we have implemented numerous technical and organizational measures to ensure the most complete protection possible of personal data processed through this website. Nevertheless, internet-based data transmissions may fundamentally have security gaps, so that 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.

2. Definitions

This privacy policy is based on the terminology used by the European legislator when adopting 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 terminology used in advance.

We use the following terms in this privacy policy, among others:

a) Personal data

Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as "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 responsible for the processing.

c) Processing

Processing is 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, 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 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 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 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 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 of the data subject 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.

3. Name and Address of the Controller

The controller responsible for processing within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions of a data protection nature is:

Taras Lisnevskij
Eichenweg 2
78166 Donaueschingen
Germany

Phone: +49 157 522 38 412
Email: [email protected]
VAT ID: DE358830206

Any data subject may contact us directly at any time with any questions or suggestions regarding data protection.

4. Cookies / SessionStorage / LocalStorage

Our website uses cookies, LocalStorage, and SessionStorage. Cookies are text files that are placed and stored on a computer system via an internet browser. LocalStorage and SessionStorage are similar technologies that allow data to be stored directly in the user's browser.

Numerous websites 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 character string through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This allows visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.

Through the use of cookies and comparable technologies, our company can provide the users of this website with more user-friendly services that would not be possible without these technologies. By means of a cookie, the information and offers on our website can be optimized for the user. Cookies allow 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. A user of a website that uses cookies, for example, does not have to re-enter their access data each time they visit the website, because this is handled by the website and the cookie stored on the user's computer system.

The data subject may prevent the setting of cookies by our website at any time by means of an appropriate setting of the internet browser used, and may thus permanently object to the setting of cookies. Furthermore, cookies that have already been set may 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.

5. Collection of General Data and Information

The website collects a series of general data and information each time it is accessed by a data subject or an automated system. This general data and information is stored in the server log files. The following may be collected:

• browser types and versions used,
• the operating system used by the accessing system,
• the website from which an accessing system reaches our website (so-called referrers),
• the sub-websites that are accessed via an accessing system on our website,
• the date and time of access to the website,
• an Internet Protocol address (IP address),
• the Internet service provider of the accessing system, and
• other similar data and information that serve to avert threats in the event of attacks on our information technology systems.

When using this general data and information, our company does not draw any conclusions about the data subject. Rather, this information is needed to correctly deliver the content of our website, to optimize the content of our website and advertising for it, to ensure the continued functioning of our information technology systems and the technology of our website, and to provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack. This anonymously collected data and information is therefore evaluated by us statistically and 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 is stored separately from all personal data provided by a data subject.

6. Registration on the Website

The data subject has the possibility to register on the website of the controller by providing personal data. Which personal data is transmitted to the controller results from the respective input mask used for registration. The personal data entered by the data subject is collected and stored exclusively for internal use by the controller and for its own purposes. The controller may arrange for the transfer to one or more processors, such as a parcel service provider, who also uses the personal data exclusively for internal use attributable to the controller.

By registering on the website of the controller, the IP address assigned by the Internet service provider (ISP) of the data subject, the date, and the time of registration are also stored. The storage of this data takes place against the background that only in this way can the misuse of our services be prevented, and this data, if necessary, makes it possible to clarify crimes that have been committed. In this respect, the storage of this data is necessary to safeguard the controller. This data is generally not passed on to third parties unless there is a legal obligation to pass it on or the transfer serves criminal prosecution purposes.

The registration of the data subject with the voluntary provision of personal data serves the controller to offer the data subject content or services that, due to the nature of the matter, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have it completely deleted from the data stock of the controller.

The controller shall provide any data subject at any time, upon request, with information about which personal data is stored about the data subject. Furthermore, the controller shall rectify or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations to the contrary. A data protection officer named in this privacy policy and the entirety of the controller's employees are available to the data subject as contact persons in this context.

7. Contact via the Website

The website contains information required by law that enables rapid electronic contact with our company and direct communication with us, which also includes a general address of the so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller is stored for the purpose of processing or contacting the data subject. There is no disclosure of this personal data to third parties.

8. Comment Function in the Blog on the Website

We offer users the possibility to leave individual comments on individual blog posts on our website. A blog is a portal, usually publicly accessible, maintained on a website, in which one or more persons, called bloggers or web bloggers, can post articles or write down thoughts in so-called blog posts. The blog posts can usually be commented on by third parties.

If a data subject leaves a comment on the blog published on this website, in addition to the comments left by the data subject, information about the time of the comment entry and the user name (pseudonym) chosen by the data subject are stored and published. Furthermore, the IP address assigned by the Internet service provider (ISP) of the data subject is also logged. This storage of the IP address takes place for security reasons and in case the data subject violates the rights of third parties or posts illegal content through a submitted comment. The storage of this personal data is therefore in the own interest of the controller, so that the controller could potentially exculpate itself in the event of a legal violation. There is no disclosure of this collected personal data to third parties, unless such disclosure is required by law or serves the legal defense of the controller.

9. Routine Erasure and Blocking of Personal Data

The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage, or insofar as this has been provided for by the European legislator or other legislators in laws or regulations to which the controller is subject.

If the storage purpose ceases to apply or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or erased in accordance with the legal requirements.

10. Rights of the Data Subject

a) Right of confirmation

Each data subject has the right granted by the European legislator to obtain from the controller the 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 us at any time.

b) Right of access

Each data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller free information about the personal data stored about him or her and a copy of this information at any time. Furthermore, the European legislator has granted the data subject access to the following information:

• the purposes of the processing
• the categories of personal data concerned
• 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
• 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 rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing
• the existence of 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
• the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the 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 has the right to obtain information as to whether personal data have been transferred to a third country or to an international organization. Where this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to exercise this right of access, he or she may contact us at any time.

c) Right to rectification

Each data subject affected by the processing of personal data has the right granted by the European legislator to obtain the rectification of inaccurate personal data concerning him or her without undue delay. Furthermore, the data subject has the right to have incomplete personal data completed, including by means of providing a supplementary statement, taking into account the purposes of the processing.

If a data subject wishes to exercise this right to rectification, he or she may contact us at any time.

d) Right to erasure (Right to be forgotten)

Each data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, where one of the following grounds 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 consent on which the processing is based according to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and where there is no other legal ground 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 the personal data is necessary 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 Art. 8(1) GDPR.

If one of the aforementioned grounds applies and a data subject wishes to request the erasure of personal data stored by us, he or she may contact us at any time. We shall ensure that the erasure request is complied with without undue delay.

Where the personal data have been made public by us and our company as controller is obliged to erase the personal data pursuant to Art. 17(1) GDPR, we shall, taking account of available technology and the cost of implementation, take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, insofar as processing is not required. We shall arrange the necessary measures in individual cases.

e) Right to restriction of processing

Each data subject affected by the processing of personal data has the right granted by the European legislator 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, 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 they are required by the data subject for the establishment, exercise, or defense of legal claims.
• The data subject has objected to processing pursuant to Art. 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met and a data subject wishes to request the restriction of personal data stored by us, he or she may contact us at any time. We shall arrange the restriction of the processing.

f) Right to data portability

Each data subject affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used, and machine-readable format. He or she 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 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 his or her right to data portability pursuant to Art. 20(1) GDPR, the data subject has the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

To assert the right to data portability, the data subject may contact us at any time.

g) Right to object

Each data subject affected by the processing of personal data has the right granted by the European legislator 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 Art. 6(1)(e) or (f) GDPR. This also applies to profiling based on those provisions.

We 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 for the establishment, exercise, or defense of legal claims.

If we process personal data for direct marketing purposes, the data subject has the right to object at any time to processing of personal data for the purpose of such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to us to the processing for direct marketing purposes, we will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by us for scientific or historical research purposes or statistical purposes pursuant to Art. 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

To exercise the right to object, the data subject may contact us directly. The data subject is also free, in the context of the use of information society services, notwithstanding Directive 2002/58/EC, to exercise his or her right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling

Each 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 him or her or similarly significantly affects him or her, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is not 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 not 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) is based on the data subject's explicit consent, we shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view, and to contest the decision.

If the data subject wishes to exercise rights with respect to automated decisions, he or she may contact us at any time.

i) Right to withdraw data protection consent

Each 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 the right to withdraw consent, he or she may contact us at any time.

11. Legal Basis for Processing

Art. 6(1)(a) GDPR serves our company as the 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 delivery 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 for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services.

If our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfillment of 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 premises and his or her name, age, health insurance data, or other vital information had to be passed on to a doctor, a hospital, or other third parties. In that case, the processing would be based on Art. 6(1)(d) GDPR.

Finally, 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 grounds, if the processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. In this regard, the legislator took the view that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47, Sentence 2 GDPR).

12. Legitimate Interests in Processing Pursued by the Controller or a Third Party

Where the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities in favor of the well-being of all our employees and our shareholders.

13. 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 that period, the corresponding data is routinely deleted, insofar as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

14. Legal or Contractual Requirements for the Provision of Personal Data; Necessity for the Conclusion of a Contract; Obligation of the Data Subject to Provide Personal Data; Possible Consequences of Non-Provision

We clarify 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, which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data when our company enters into a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before the provision of personal data by the data subject, the data subject must contact us. We will clarify to the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and the consequences of non-provision of the personal data.

15. Existence of Automated Decision-Making

As a responsible company, we do not use automatic decision-making or profiling.