Privacy Policy
We are very pleased about your interest in our company. Data protection has a particularly high priority for the management of DIEWE GmbH. The use of the Internet pages of DIEWE GmbH is possible without any indication of personal data. However, if a data subject wants to use special services of our company via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain the consent of the data subject.
You can find our transparency document according to Art. 13 and 14 GDPR HERE.
The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always in line with the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to DIEWE GmbH. By means of 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. Furthermore, data subjects are informed about their rights by means of this privacy policy.
As the controller responsible for processing, DIEWE GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, for example by telephone.
1. Definitions
The privacy policy of DIEWE 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 both easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this privacy policy, we use, among others, the following terms:
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
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.
2. Name and Address of the Controller
Controller for the purposes of the General Data Protection Regulation, other data protection laws applicable in Member States of the European Union, and other provisions related to data protection is:
DIEWE GmbH
Industriestraße 21
D-86438 Kissing
Germany
Tel.: +49 8233 – 2118-0
Email: info@diewe.de
Website: https://diewe-staging.seiten.co
3. Name and Address of the Data Protection Officer
The Data Protection Officer of the controller is:
Prof. Dr. h.c. Heiko Jonny Maniero, LL.B., LL.M. mult., M.L.E.
Franz-Joseph-Str. 11
80801 Munich (Germany)
Phone: +49 (0) 8131-77987-0
Email: info@dg-datenschutz.de
Website: https://dg-datenschutz.de/
4. Cookies
The Internet pages of DIEWE GmbH use cookies. Cookies are text files that are stored 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 sites 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, DIEWE GmbH can provide users of this website with more user-friendly services that would not be possible without the cookie setting.
Through a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g., does not have to enter access data each time the website is accessed 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 an online store. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.
The data subject can, at any time, prevent the setting of cookies through our website by means of an appropriate setting of the Internet browser used and may thus permanently deny the setting of cookies. Furthermore, already set cookies can be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
5. Collection of General Data and Information
The website of DIEWE GmbH collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions 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, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, DIEWE GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, DIEWE GmbH analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise and to 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.
6. Registration on Our Website
The data subject has the possibility to register on the website of the controller with the provision of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for his own purposes. The controller may request transfer to one or more processors (e.g., a parcel service) that also uses personal data for an internal purpose attributable to the controller.
By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of these data occurs because this is the only way to prevent the misuse of our services and, if necessary, to enable the investigation of committed offenses. In this respect, the storage of these data is necessary to secure the controller. These data are not passed on to third parties unless there is a statutory obligation to transmit the data or if the transfer serves the aim of criminal prosecution.
The registration of the data subject, with the voluntary provision of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter. Registered persons are free to change the personal data specified during the registration at any time or to have them completely deleted from the data stock of the controller.
The controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. All the employees of the controller are available to the data subject in this respect as contact persons.
7. Contact Possibility via the Website
The website of DIEWE GmbH contains information that enables a quick electronic contact to our enterprise, as well as 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 are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
8. Routine Erasure 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 is granted by the European legislator or other legislators in laws or regulations to which the controller is subject.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
9. Rights of the Data Subject
a) Right of Confirmation
Each data subject shall have 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 avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Right of Access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant 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 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 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) 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 the right to obtain information as to whether personal data are transferred to a third country or 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 avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
c) Right to Rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have 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, at any time, contact any employee of the controller.
d) Right to Erasure (Right to be Forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the 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 to which the processing is based according to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21(1) GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
The personal data have been unlawfully processed.
The personal data must 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) GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by DIEWE GmbH, he or she may, at any time, contact any employee of the controller. An employee of DIEWE GmbH shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. Employees of DIEWE GmbH will arrange the necessary measures in individual cases.
e) Right of Restriction of Processing
Each data subject shall have 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, and 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 Article 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 the processing of personal data stored by DIEWE GmbH, he or she may at any time contact any employee of the controller. The employee of DIEWE GmbH will arrange the restriction of the processing.
f) Right to Data Portability
Each data subject shall have 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 shall 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 Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, or on a contract pursuant to Article 6(1)(b) GDPR, and the processing is carried out by automated means, as long as 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 Article 20(1) GDPR, the data subject shall have 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 at any time contact any employee of DIEWE GmbH.
g) Right to Object
Each data subject shall have 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 Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.
DIEWE 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 for the establishment, exercise, or defense of legal claims.
If DIEWE GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to DIEWE GmbH to the processing for direct marketing purposes, DIEWE GmbH 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 by DIEWE GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 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 contact any employee of DIEWE GmbH. In addition, the data subject is free in the context of the use of information society services, notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h) Automated Individual Decision-Making, Including Profiling
Each data subject shall have 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 a data 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 a data controller, or (2) it is based on the data subject’s explicit consent, DIEWE GmbH 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 contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of DIEWE GmbH.
i) Right to Withdraw Data Protection Consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of DIEWE GmbH.
10. Data Protection Provisions about the Application and Use of LinkedIn
The controller has integrated components of the LinkedIn Corporation on this website. LinkedIn is a web-based social network that enables users with existing business contacts to connect and make new business contacts.
(Additional relevant sections about specific data protection provisions for applications and use of services can be added here.)
11. Data Protection for Applications and the Application Procedures
The controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is particularly the case if an applicant submits corresponding application documents by electronic means, 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 submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after the notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g., a burden of proof in a procedure under the General Equal Treatment Act (AGG).
12. Data Protection Provisions on the Use and Application of Google Analytics (with Anonymization Function)
The controller has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analytics service. Web analytics involves the collection, gathering, and analysis of data about the behavior of visitors to websites. Among other things, a web analytics service collects data on which website a data subject came from (the so-called referrer), which subpages were accessed, or how often and for what duration a subpage was viewed. Web analytics is primarily used to optimize a website and to conduct cost-benefit analyses of internet advertising.
The operating company of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.
The controller uses the addition “_gat._anonymizeIp” for web analytics via Google Analytics. By means of this addition, the IP address of the internet connection of the data subject is shortened and anonymized by Google when accessing our website from a member state of the European Union or another contracting state of the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze visitor traffic on our website. Google uses the collected data and information, among other things, to evaluate the use of our website, to compile online reports showing activities on our website, and to provide other services related to the use of our website.
Google Analytics places a cookie on the data subject’s information technology system. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyze the use of our website. Each time one of the individual pages of this website is called up, which is operated by the controller and on which a Google Analytics component has been integrated, the internet browser on the data subject’s information technology system is automatically prompted by the respective Google Analytics component to transmit data to Google for online analysis purposes. As part of this technical process, Google gains knowledge of personal data, such as the IP address of the data subject, which serves Google, among other things, to understand the origin of visitors and clicks and subsequently enable commission settlements.
By means of the cookie, personal information, such as the access time, the location from which access originated, and the frequency of visits to our website by the data subject, is stored. With each visit to our website, these personal data, including the IP address of the internet connection used by the data subject, are transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may transfer these personal data collected through the technical process to third parties.
The data subject can prevent the setting of cookies by our website, as already described above, at any time by adjusting the settings 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 Google from placing a cookie on the data subject’s information technology system. Additionally, a cookie already set by Google Analytics can be deleted at any time via the internet browser or other software programs.
Furthermore, the data subject has the possibility to object to the collection of data generated by Google Analytics related to the use of this website, as well as the processing of these data by Google, and to prevent such processing. For this purpose, the data subject must download and install a browser add-on under the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information about website visits may be transmitted to Google Analytics. The installation of the browser add-on is considered an objection by Google. If the data subject’s information technology system is later deleted, formatted, or reinstalled, the data subject must reinstall the browser add-on to disable Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person attributable to their sphere of influence, it is possible to reinstall or reactivate the browser add-on.
Further information and Google’s applicable data protection provisions can be retrieved at https://www.google.de/intl/en/policies/privacy/ and http://www.google.com/analytics/terms/en.html. Google Analytics is further explained under this link https://www.google.com/intl/en_en/analytics/.
13. Data Protection Provisions on the Use and Application of Jetpack for WordPress
The controller has integrated Jetpack on this website. Jetpack is a WordPress plugin that offers additional functions to the operator of a website built on WordPress. Jetpack provides the website operator with, among other things, an overview of the visitors to the site. By displaying related posts and publications or the ability to share content on the page, an increase in visitor numbers is possible. Additionally, security features are integrated into Jetpack, so a website using Jetpack is better protected against brute-force attacks. Jetpack also optimizes and accelerates the loading of images integrated on the website.
The operating company of the Jetpack plugin for WordPress is Aut O’Mattic A8C Ireland Ltd., Business Centre, No.1 Lower Mayor Street, International Financial Services Centre, Dublin 1, Ireland.
Jetpack places a cookie on the data subject’s information technology system. What cookies are has already been explained above. Each time one of the individual pages of this website is called up, which is operated by the controller and on which a Jetpack component has been integrated, the internet browser on the data subject’s information technology system is automatically prompted by the respective Jetpack component to transmit data to Automattic for analysis purposes. As part of this technical process, Automattic gains knowledge of data that is subsequently used to create an overview of website visits. The data obtained in this way serves to analyze the behavior of the data subject who has accessed the controller’s website and is evaluated with the aim of optimizing the website. The data collected via the Jetpack component is not used to identify the data subject without first obtaining the explicit consent of the data subject. The data is also made known to Quantcast. Quantcast uses the data for the same purposes as Automattic.
The data subject can prevent the setting of cookies by our website, as already described above, at any time by adjusting the settings 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 Automattic/Quantcast from placing a cookie on the data subject’s information technology system. Additionally, cookies already set by Automattic can be deleted at any time via the internet browser or other software programs.
Furthermore, the data subject has the possibility to object to the collection of data generated by the Jetpack cookie related to the use of this website, as well as the processing of these data by Automattic/Quantcast, and to prevent such processing. For this purpose, the data subject must press the opt-out button under the link https://www.quantcast.com/opt-out/, which sets an opt-out cookie. The opt-out cookie set by the objection is stored on the data subject’s information technology system. If the cookies on the data subject’s system are deleted after an objection, the data subject must call up the link again and set a new opt-out cookie.
However, by setting the opt-out cookie, it is possible that the controller’s websites may no longer be fully usable for the data subject.
The applicable data protection provisions of Automattic can be retrieved at https://automattic.com/privacy/. The applicable data protection provisions of Quantcast can be retrieved at https://www.quantcast.com/privacy/.
14. Data Protection Provisions on the Use and Application of YouTube
The controller has integrated components of YouTube on this website. YouTube is an internet video portal that allows video publishers to upload video clips free of charge and other users to view, rate, and comment on them, also free of charge. YouTube permits the publication of all types of videos, which is why complete films and TV shows, as well as music videos, trailers, or videos made by users themselves, can be accessed via the internet portal.
The operating company of YouTube is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.
Each time one of the individual pages of this website is called up, which is operated by the controller and on which a YouTube component (YouTube video) has been integrated, the internet browser on the data subject’s information technology system is automatically prompted by the respective YouTube component to download a representation of the corresponding YouTube component from YouTube. Further information about YouTube can be obtained at https://www.youtube.com/yt/about/en/. As part of this technical process, YouTube and Google gain knowledge of which specific subpage of our website is visited by the data subject.
If the data subject is logged in on YouTube at the same time, YouTube recognizes which specific subpage of our website the data subject is visiting when a subpage containing a YouTube video is called up. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.
YouTube and Google receive information through the YouTube component that the data subject has visited our website whenever the data subject is logged in on YouTube at the time of calling up our website; this occurs regardless of whether the data subject clicks on a YouTube video or not. If such transmission of this information to YouTube and Google is not desired by the data subject, they can prevent this by logging out of their YouTube account before accessing our website.
The data protection provisions published by YouTube, which are available at https://www.google.de/intl/en/policies/privacy/, provide information about the collection, processing, and use of personal data by YouTube and Google.
15. Legal Basis for Processing
Article 6(1)(a) GDPR serves as the legal basis for our company for processing operations where 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 a 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 Article 6(1)(b) GDPR. The same applies to processing operations necessary for carrying out 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 fulfilling tax obligations, the processing is based on Article 6(1)(c) GDPR. In rare cases, processing of personal data may be necessary to protect the vital interests of the data subject or another natural person—for example, if a visitor were injured on our premises and their name, age, health insurance data, or other vital information would have to be passed on to a doctor, hospital, or other third parties. Then the processing would be based on Article 6(1)(d) GDPR. Ultimately, processing operations could be based on Article 6(1)(f) GDPR. This legal basis is used for processing operations not covered by any of the aforementioned legal bases if the processing is necessary for the purposes of the legitimate interests pursued by our company or 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. The legislator considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
16. Legitimate Interests in Processing 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 conduct our business in favor of the well-being of all our employees and shareholders.
17. 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 are routinely deleted, provided they are no longer necessary for the fulfillment of the contract or the initiation of a contract.
18. Legal or Contractual Requirements to Provide Personal Data; Necessity for Contract Conclusion; Obligation of the Data Subject to Provide Personal Data; Possible Consequences of Failure to Provide
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 about 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. The data subject is, for example, obliged to provide us with personal data when our company enters into a contract with them. Failure to provide the personal data would result in the contract with the data subject not being concluded. Before providing personal data, the data subject must contact one of our employees. Our employee clarifies on a case-by-case basis whether the provision of the 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 consequences failure to provide the personal data would have.
19. Existence of Automated Decision-Making
As a responsible company, we do not use automatic decision-making or profiling.
20. Cookies Including Third-Party Cookies on Websites Accessible via Links from Our Website
Cookie Name: _grecaptcha
Type: HTML
Provider: diewe.de
Expiry: Persistent
Purpose: This cookie is used to distinguish between humans and bots. This is beneficial for the website to create valid reports on the use of the website.
Cookie Name: _GRECAPTCHA
Type: HTTP
Provider: google.com
Expiry: 179 days
Purpose: This cookie is used to distinguish between humans and bots. This is beneficial for the website to create valid reports on the use of the website.
Cookie Name: CookieConsent
Type: HTTP
Provider: diewe.de
Expiry: 1 year
Purpose: Stores the user’s cookie consent state for the current domain.
Cookie Name: PHPSESSID
Type: HTTP
Provider: diewe.de
Expiry: Session
Purpose: Preserves the user’s session state across page requests.
Cookie Name: rc::a
Type: HTML
Provider: google.com
Expiry: Persistent
Purpose: This cookie is used to distinguish between humans and bots.
Cookie Name: rc::b
Type: HTML
Provider: google.com
Expiry: Session
Purpose: This cookie is used to distinguish between humans and bots.
Cookie Name: rc::c
Type: HTML
Provider: google.com
Expiry: Session
Purpose: This cookie is used to distinguish between humans and bots.
Cookie Name: rc::d-#
Type: HTML
Provider: google.com
Expiry: Persistent
Purpose: This cookie is used to distinguish between humans and bots.
Cookie Name: CookieConsentBulkSetting-#
Type: HTML
Provider: cookiebot.com
Expiry: Persistent
Purpose: Enables consent to the use of cookies across multiple websites.
Cookie Name: _ga
Type: HTTP
Provider: diewe.de
Expiry: 2 years
Purpose: Registers a unique ID that is used to generate statistical data on how the visitor uses the website.
Cookie Name: ga#
Type: HTTP
Provider: diewe.de
Expiry: 2 years
Purpose: Collects data on how often a user has visited the website, as well as dates for the first and most recent visit. Used by Google Analytics.
Cookie Name: ads/ga-audiences
Type: Pixel
Provider: google.com
Expiry: Session
Purpose: This cookie is used to ensure the operation of Google Analytics.
Cookie Name: mfn-builder
Type: HTTP
Provider: diewe.de
Expiry: 1 year
Purpose: This cookie is used to ensure the operation of the mfn builder.
21. Web Server Log Data
When you view our website, the following data are transmitted to us via your internet browser, which are technically necessary for us to display our website to you, optimize the website, and ensure stability and security:
Used browser type and versions
The operating system used by the accessing system
The website from which access to our website is made, the subpages accessed via a system on our website (referrer)
Date and time of access
The name of the requested file
The size of the transferred file
The IP address from which the request originated
These data are deleted at the latest after 30 days. The legal basis for the processing is Article 6(1) sentence 1 lit. f GDPR; our legitimate interests as the responsible website operator result from the purposes mentioned above.
22nd Newsletter
With the following information, we inform you about the contents of our newsletter, as well as the registration, dispatch, and statistical evaluation procedures, and your rights of objection. By subscribing to our newsletter, you agree to receive it and to the procedures described.
Content of the Newsletter: We send newsletters, emails, and other electronic notifications with promotional information (hereinafter “Newsletter”) only with the consent of the recipients or legal permission. If the content of the newsletter is specifically described during the registration process, it is decisive for the user’s consent. Otherwise, our newsletters contain information about our services and us.
Double Opt-In and Logging: The registration for our newsletter occurs through a so-called double opt-in procedure. That means after registration, you receive an email requesting confirmation of your subscription. This confirmation is necessary to ensure that no one can register with someone else’s email address. The newsletter registrations are logged to prove the registration process complies with legal requirements. This includes storing the time of registration and confirmation as well as the IP address. Changes to your data stored with the email service provider are also logged.
Registration Data: To sign up for the newsletter, it is sufficient to provide your email address. Optionally, we ask you to provide a name for personal addressing in the newsletter.
The dispatch of the newsletter and the associated performance measurement are based on the consent of the recipients in accordance with Art. 6(1)(a), Art. 7 GDPR in conjunction with §7(2) No. 3 UWG, or if consent is not required, on our legitimate interests in direct marketing in accordance with Art. 6(1)(f) GDPR in conjunction with §7(3) UWG.
The logging of the registration process is based on our legitimate interests in accordance with Art. 6(1)(f) GDPR. Our interest lies in deploying a user-friendly and secure newsletter system that serves our business interests, meets user expectations, and allows us to provide proof of consents.
Cancellation/Revocation: You can cancel the receipt of our newsletter at any time, i.e., revoke your consents. A link to cancel the newsletter can be found at the end of each newsletter. We may store unsubscribed email addresses for up to three years based on our legitimate interests before deleting them, to be able to prove previously given consent. The processing of these data is limited to the purpose of possible defense against claims. An individual deletion request is possible at any time, provided that the former existence of consent is confirmed simultaneously.
23. General Terms and Conditions for Data Protection
Our General Terms and Conditions for Data Protection, which include, among other things, all five versions of the EU Standard Contractual Clauses, the UK International Data Transfer Agreement, the UK Addendum to the EU Standard Contractual Clauses, a Data Processing Agreement under UK law, the CCPA-CPRA Contractor Agreement, as well as a Data Protection and Confidentiality Agreement for our suppliers, automatically become part of all contracts concluded with us. By entering into any other contract with us, you automatically agree to the respective terms and conditions. In detail:
- EU Standard Contractual Clauses 2021/915 between Controller and Processor: If you are our contracting partner based in the EU/EEA who processes personal data on our behalf, you automatically agree to the applicability of the Standard Contractual Clauses 2021/915 published by us by executing or conducting business for or with us. If we are your processor, the Standard Contractual Clauses 2021/915 published by us also automatically apply between you and us.
- EU Standard Contractual Clauses 2021/914 MODULE ONE: Transfer from Controller to Controller: If you are our contracting partner based in a third country and receive personal data (protected by the GDPR, the laws of the Member States, or the European Economic Area) from us as a controller and act as a controller, you automatically agree to the applicability of the published Standard Contractual Clauses 2021/914 Module One by executing or conducting business for or with us. The same applies if you act as a controller and transfer personal data to us as a controller.
- EU Standard Contractual Clauses 2021/914 MODULE TWO: Transfer from Controller to Processor: If you are our contracting partner based in a third country and receive personal data (protected by the GDPR, the laws of the Member States, or the European Economic Area) from us as a controller and act as a processor, you automatically agree to the applicability of the published Standard Contractual Clauses 2021/914 Module Two by executing or conducting business for or with us. The same applies if you act as a controller and transfer personal data to us as a processor.
- EU Standard Contractual Clauses 2021/914 MODULE THREE: Transfer from Processor to Processor: If you are our contracting partner and we act as a processor (e.g., for a subsidiary or a third party), and you are based in a third country and receive international data transfers of personal data (protected by the GDPR, the laws of the Member States, or the European Economic Area), and therefore you are a (sub-)processor, you automatically agree to the applicability of the published Standard Contractual Clauses 2021/914 Module Three by executing or conducting business for or with us. The same applies if you act as a processor and transfer personal data to us as a (sub-)processor.
- EU Standard Contractual Clauses 2021/914 MODULE FOUR: Transfer from Processor to Controller: If you are our contracting partner and we act as a processor (e.g., for a subsidiary or a third party), and you are based in a third country and receive international data transfers of personal data (protected by the GDPR, the laws of the Member States, or the European Economic Area), and you are a controller, you automatically agree to the applicability of the published Standard Contractual Clauses 2021/914 Module Four by executing or conducting business for or with us. The same applies if you act as a processor and transfer personal data to us as a controller.
- Non-Disclosure Agreement and Maintenance of Data Confidentiality for Suppliers: If you are a supplier of ours who is not a processor, or if you receive other and non-personal data from us, you automatically agree to the applicability of the published Non-Disclosure Agreement and Maintenance of Data Confidentiality for Suppliers by executing or conducting business for or with us.
- Non-Disclosure Agreement and Maintenance of Data Confidentiality for Customers: If you are a customer of ours and data is exchanged between us, we can separately agree to the published Non-Disclosure Agreement and Maintenance of Data Confidentiality for Customers through a mutual declaration of intent. This Non-Disclosure Agreement only becomes effective through a separately issued declaration by the parties.
- International Data Transfer Agreement (United Kingdom, Contract Language: English) If you are our contracting partner, and the personal data transmitted by us to you belongs to individuals originating from the United Kingdom, or if we are based in the United Kingdom, and you yourself are based outside the United Kingdom and receive personal data (protected by the UK-GDPR or UK law) from us, you automatically agree to the applicability of the published “International Data Transfer Agreement” by executing or conducting business for or with us.
- International Data Transfer Addendum to the European Commission’s Standard Contractual Clauses for International Data Transfers (United Kingdom, Contract Language: English) If you are our contracting partner, and the personal data transmitted belongs to individuals originating from the United Kingdom, or we are based in the United Kingdom, and you yourself are based outside the United Kingdom and receive personal data (protected by the UK-GDPR or UK law) from us, and have already agreed to the EU Standard Contractual Clauses with us, you automatically agree to the applicability of the published “International Data Transfer Addendum to the European Commission’s Standard Contractual Clauses for International Data Transfers” by executing or conducting business for or with us.
- Data Processing Agreement for the United Kingdom (Contract Language: English) If you are our contracting partner, and both we and you have our registered offices in the United Kingdom, and you process personal data (protected by the UK-GDPR or UK law) on our behalf, you automatically agree to the applicability of the published “Data Processing Agreement for the United Kingdom” by executing or conducting business for or with us. The same applies if you act as a controller and transfer personal data to us as a processor.
- CCPA-CPRA CONTRACTOR AGREEMENT for California (Contract Language: English) If you are our contracting partner, and we or you have a registered office in California, or employ or commission employees, service providers, processors, or other persons from California, and if the contractor processes data of consumers protected by the CCPA-CPRA or California law within the scope of the cooperation, you automatically conclude the published CCPA-CPRA CONTRACTOR AGREEMENT with us through any execution or conduct of business, either as a business or as a contractor.
A list of our sub-processors must be requested from us separately.