Here you will find information on data processing according to Art. 12ff. EU General Data Protection Regulation (GDPR) for business partners (companies and consumers) and interested parties: please click here, status: 10/2018
Privacy policy - Information on data use when visiting our website
We are very pleased about your interest in our company. The management of elmatiz GmbH attaches great importance to data protection. It is generally possible to use the internet pages of elmatiz GmbH without providing any personal data. However, if a person concerned wishes to use special services of our company via our website, it may be necessary to process personal data. If it is necessary to process personal data and there is no legal basis for such processing, we generally obtain the consent of the person concerned.
The processing of personal data, for example the name, address, e-mail address or telephone number of a person concerned, is always carried out in accordance with the basic data protection regulation and in compliance with the country-specific data protection regulations applicable to elmatiz GmbH. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, this data protection declaration informs affected persons about the rights to which they are entitled.
elmatiz GmbH, being responsible for processing, has implemented numerous technical and organizational measures in order to ensure that the personal data processed via this website is protected as completely as possible. Nevertheless, internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, for example by telephone.
1. Defintions of terms
The data protection declaration of elmatiz GmbH is based on the terms that were used by the European guideline and regulation authorities when the General Data Protection Regulation (GDPR) was issued. Our data protection declaration should be easy to read and understand both for the public and for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms in this data protection declaration, 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 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 means any identified or identifiable natural person whose personal data are processed by the controller.
c) Processing
Processing is any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, arranging, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
e) Profiling
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, conduct, location or change of location.
f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the need for additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data is not attributed to an identified or identifiable natural person.
g) Controller or data controller
Controller or data controller 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 law or by the law of the Member States, provision may be made for the controller to be designated in accordance with Union law or the law of the Member States.
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
The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the course of a specific investigation, in accordance with Union or national law, are not considered to be recipients.
j) Third parties
A third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorised to process the personal data.
k) Consent
Consent is any freely given, informed and unequivocal expression of will by the data subject in a specific case, in the form of a declaration or other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.
2. Name and address of the controller
Responsible within the meaning of the basic data protection regulation, other data protection laws applicable in the member states of the European Union and other regulations of a data protection nature is:
elmatiz GmbH
Tulpenweg 39
52222 Stolberg
Germany
Tel.: 0049 (0) 2402/9058301
Email:
Website: www.bonteach.com
3. Cookies
The internet pages of elmatiz GmbH use cookies. Cookies are text files that are stored and saved on a computer system via an internet browser.
Many websites and servers use cookies. Many cookies contain a so-called cookie-ID. A cookie-ID is a unique identifier for the cookie. It consists of a string of characters which can be used to assign internet pages and servers to the specific internet browser in which the cookie was stored. This enables the internet pages and servers visited to distinguish the individual browser of the person concerned from other internet browsers that contain other cookies. A specific internet browser can be recognised and identified by means of the unique cookie-ID.
By using cookies, elmatiz GmbH can provide the users of this website with more user-friendly services that would not be possible without the setting of cookies.
By means of a cookie, the information and offers on our website can be optimised in the interest of the user. As already mentioned, cookies enable us to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to enter his or her access data each time he or she visits the website, as this is done by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping basket in the online shop. The online shop remembers the articles that a customer has placed in the virtual shopping cart via a cookie.
The person concerned can prevent the setting of cookies by our website at any time by means of a corresponding setting of the internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the person concerned deactivates the setting of cookies in the internet browser used, it is possible that not all functions of our website can be used to their full extent.
4. Collection of general data and information
The website of elmatiz GmbH collects a number of general data and information each time the website is accessed by a person concerned or by an automated system. These general data and information are stored in the server's log files. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of an access to the internet page, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system, and (8) other similar data and information which serve to prevent danger in case of attacks on our information technology systems.
When using these general data and information, elmatiz GmbH does not draw any conclusions about the person concerned. Rather, this information is required in order to (1) deliver the contents of our website correctly, (2) optimize the contents of our website and the advertising for it, (3) ensure the permanent operability of our information technology systems and the technology of our website, and (4) provide law enforcement agencies with the information necessary for prosecution in the event of a cyber attack. These anonymously collected data and information are therefore statistically evaluated by elmatiz GmbH on the one hand and also with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.
5. Possibility of contact via the website
Due to legal regulations, the internet site of elmatiz GmbH contains information that enables quick electronic contact with our company as well as direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). If a data subject contacts the data controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted on a voluntary basis from a data subject to the data controller are stored for the purposes of processing or contacting the data subject. These personal data are not disclosed to third parties.
6. Routine deletion and blocking of personal data
The controller processes and stores personal data of the data subject only for the time necessary to achieve the purpose for which it is stored or where provided for by the European Directives and Regulations or by any other law or regulation to which the controller is subject.
If the purpose of storage ceases to apply or if a storage period prescribed by the European Directive and Regulation Giver or any other competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance to the legal regulations.
7. Rights of the data subject
a) Right of confirmation
Every data subject has the right, granted by the European legislator, to obtain confirmation from the controller as to whether personal data relating to him are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.
b) Right of information
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain at any time and free of charge from the data controller information on the personal data stored about him or her and a copy of this information. In addition, the European Data Protection Supervisor has granted the data subject access to the following information:
- - the processing purposes
- - the categories of personal data processed
- - the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or international organisations
- - if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- - the existence of a right to rectify or erase personal data concerning him or her or to have it processed by the controller, or a right to object to such processing
- - the existence of a right of appeal to a supervisory authority
- - if the personal data are not collected from the data subject: All available information on the origin of the data
- - the existence of automated decision-making, including profiling, in accordance with Art. 22 (1) and (4) GDPR and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject
The data subject also has the right to know whether personal data have been transferred to a third country or to an international organisation. If 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 at any time contact an employee of the controller.
c) Right of rectification
Every person concerned by the processing of personal data has the right, granted by the European legislator, to request the immediate rectification of incorrect personal data concerning him. Furthermore, the data subject has the right to obtain the completion of incomplete personal data, including by means of a supplementary declaration, having regard to the purposes of the processing.
If a data subject wishes to exercise this right of rectification, he or she may at any time contact a member of staff of the controller.
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d) Right of deletion (right to be forgotten)
Any person affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller the immediate erasure of personal data relating to him or her, for any of the following reasons and where the processing is not necessary:
- - The personal data has been collected or otherwise processed for purposes for which it is no longer necessary.
- - The data subject withdraws the consent on which the processing was based in accordance with Art. 6 (1) (a) of the GDPR or Art. 9 (2) (a) of the GDPR, and there is no other legal basis for the processing.
- - The data subject lodges an objection to the processing in accordance with Art. 21 (1) GDPR and there are no legitimate reasons for processing that take precedence, or the data subject lodges an objection to the processing in accordance with Art. 21 (2) GDPR.
- - Personal data were processed unlawfully.
- - The deletion of personal data is necessary to comply with a legal obligation under Union or national law to which the controller is subject.
- - The personal data has been collected in relation to the information society services offered, in accordance with Art. 8 (1) of the GDPR.
If one of the above reasons applies and a data subject wishes to have personal data stored by elmatiz GmbH deleted, he/she can contact an employee of the data controller at any time. The employee of elmatiz GmbH will ensure that the request for deletion is complied with immediately.
Were the personal data made public by elmatiz GmbH and is our company as responsible according to Art. 17 (1) GDPR, elmatiz GmbH, taking into account the available technology and the implementation costs, shall take reasonable measures, including technical measures, to inform other data controllers who process the published personal data that the data subject has requested these other data controllers to delete all links to this personal data or copies or replications of this personal data, unless the processing is necessary. The employee of elmatiz GmbH will take the necessary steps in individual cases.
e) Right to restrict processing
Every person concerned by the processing of personal data has the right, granted by the European legislator, to obtain from the controller the restriction of the processing if one of the following conditions is met:
- - The accuracy of the personal data is contested by the data subject, for a period of time that allows the data controller to verify the accuracy of the personal data.
- - The processing is unlawful, the data subject refuses to have his personal data deleted and instead requests that the use of his personal data be restricted.
- - The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them for the purpose of asserting, exercising or defending legal claims.
- - The data subject has lodged an objection to the processing in accordance with Art. 21 (1) GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.
If one of the above-mentioned conditions is met and a data subject wishes to request the restriction of personal data stored by elmatiz GmbH, he/she may contact an employee of the data controller at any time. The employee of elmatiz GmbH will arrange for the restriction of processing.
f) Right to data transferability
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to receive the personal data concerning him/her, which have been provided by the data subject to a data controller, in a structured, common and machine-readable format. He/she also has the right to have these data communicated to another controller without hindrance by the controller to whom the personal data have been made available, provided that the processing is based on the consent pursuant to Art. 6 (1) (a) of the GDPR or Art. 9 (2) (a) of the GDPR or on a contract pursuant to Art. 6 (1) (b) of the GDPR, and provided that the processing is carried out by means of automated procedures, unless the processing is 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, when exercising their right to data transfer in accordance with Art. 20 (1) of the GDPR, data subjects have the right to request that personal data be transferred directly from one person responsible to another, insofar as this is technically feasible and provided that this does not affect the rights and freedoms of other persons.
To assert the right to data transferability, the person concerned can contact an employee of elmatiz GmbH at any time.
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g) Right of objection
Every person affected by the processing of personal data has the right, granted by the European legislator for directives and regulations, to object at any time, for reasons arising from his or her particular situation, to the processing of personal data relating to him or her that is carried out on the basis of Art. 6 (1) (e) or (f) of the GDPR. This also applies to profiling based on these provisions.
In the event of an objection, elmatiz GmbH will no longer process the personal data unless we can prove compelling reasons for processing worthy of protection that outweigh the interests, rights, and freedoms of the person concerned, or the processing serves to assert, exercise, or defend legal claims.
If elmatiz GmbH processes personal data in order to carry out direct advertising, the person concerned has the right to object to the processing of personal data for the purpose of such advertising at any time. This also applies to profiling, insofar as it is connected with such direct advertising. If the data subject objects to elmatiz GmbH processing for the purpose of direct advertising, elmatiz GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right to object, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that is carried out at elmatiz GmbH for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 (1) of the GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
To exercise the right of objection, the person concerned can directly contact any employee of elmatiz GmbH or any other employee. The data subject is also free to exercise his right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures involving technical specifications.
h) Automated decisions in individual cases including profiling
Every person concerned by the processing of personal data has the right, granted by the European Directives and Regulations, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by Union or national legislation to which the controller is subject and such legislation provides for adequate safeguards of the rights and freedoms and legitimate interests of the data subject, or (3) is taken with the explicit consent of the data subject.
If the decision is (1) necessary for the conclusion or performance of a contract between the data subject and the data controller, or (2) with the explicit consent of the data subject, elmatiz GmbH will take reasonable measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain the intervention of a person from the data controller, to present his or her point of view and to challenge the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time contact a member of staff of the controller.
i) Right of revocation of a data protection consent
Any person affected by the processing of personal data has the right to withdraw his/her consent to the processing of personal data at any time, as granted by the European legislator for directives and regulations.
If the data subject wishes to exercise his/her right to withdraw his/her consent, he/she may at any time contact an employee of the controller.
8. Privacy policy on the use of Google AdWords
The data controller has integrated Google AdWords on this website. Google AdWords is an internet advertising service that allows advertisers to display ads in Google's search engine results as well as in the Google advertising network. Google AdWords enables an advertiser to define predetermined keywords which enable an ad to appear in Google's search engine results only when the user uses the search engine to consult a keyword relevant search result. In the Google advertising network, the advertisements are distributed to topic-relevant websites by means of an automatic algorithm and in accordance with the keywords previously defined.
The operator of the Google AdWords services is Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The purpose of Google AdWords is to advertise our website by displaying advertisements relevant to our interests on the websites of third-party companies and in the search engine results of the Google search engine, and to display third-party advertisements on our website.
If a person concerned comes to our website via a Google ad, a so-called conversion cookie is stored on the information technology system of the person concerned by Google. What cookies are has already been explained above. A conversion cookie loses its validity after thirty days and does not serve to identify the person concerned. If the cookie has not expired, the conversion cookie is used to determine whether certain sub-pages, for example the shopping basket from an online shop system, have been called up on our website. The conversion cookie enables both we and Google to track whether a person concerned who has reached our website via an AdWords ad has generated sales, i.e. whether he or she has completed or cancelled a purchase of goods.
The data and information collected through the use of the conversion cookie is used by Google to create visit statistics for our website. These visit statistics are in turn used by us to determine the total number of users who were referred to us via AdWords ads, i.e. to determine the success or failure of the respective AdWords ad and to optimise our AdWords ads for the future. Neither our company nor other Google AdWords advertisers receive any information from Google that could be used to identify the person concerned.
The conversion cookie is used to store personal information, such as the internet pages visited by the person concerned. Whenever our website is visited, personal data, including the IP address of the internet connection used by the person concerned, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected via the technical process to third parties.
The person concerned can prevent the setting of cookies by our website, as already described above, at any time by means of a corresponding setting in 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 setting a conversion cookie on the information technology system of the person concerned. In addition, a cookie already set by Google AdWords can be deleted at any time via the internet browser or other software programs.
Furthermore, the person concerned has the possibility to object to the interest-based advertising by Google. To do so, the person concerned must access www.google.de/settings/ads from any of the internet browsers he or she uses and make the desired settings there.
For more information and Google's applicable privacy policy, please visit https://www.google.de/intl/de/policies/privacy/.
9. Privacy policy on the use and application of Shariff
The data controller has integrated the Shariff component on this website. The Shariff component provides social media buttons that are compliant with data protection. Shariff was developed for the German computer magazine c't and is published by GitHub, Inc..
The component was developed by GitHub, Inc. 88 Colin P. Kelly Junior Street, San Francisco, CA 94107, USA.
Button solutions provided by social networks usually transfer personal data to the respective social network as soon as a user visits an internet page in which a social media button has been integrated. By using the Shariff component, personal data is only transmitted to social networks when the visitor to an internet page actively presses one of the social media buttons. Further information on the Shariff component is available from the computer magazine c't at http://www.heise.de/newsticker/meldung/Datenschutz-und-Social-Media-Der-c-t-Shariff-ist-im-Einsatz-2470103.html. The purpose of using the Shariff component is to protect the personal data of visitors to our website and at the same time to enable us to integrate a button solution for social networks on this website.
For more information and GitHub's current privacy policy, please visit https://help.github.com/articles/github-privacy-policy/.
10. Legal basis of the processing
Art. 6 (I) (a) GDPR serves our company as a legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations required for the delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 (I) (b) GDPR. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which makes it necessary to process personal data, for example to fulfil tax obligations, processing is based on Art. 6 (I) (c) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the person concerned or of another natural person. This would be the case, for example, if a visitor to our company was injured and his name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third party. In this case the processing would be based on Art. 6 (I) (d) GDPR. Finally, processing operations could be based on Art. 6 (I) (f) GDPR. Processing operations which are not covered by any of the above legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the person responsible (Recital 47, sentence 2 GDPR).
11. Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Art. 6 (I) (f) GDPR, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders.
12. Duration for which the personal data are stored
The criterion for the duration of storage of personal data is the respective legal retention period. After expiry of the period, the corresponding data is routinely deleted if it is no longer required for the fulfilment or initiation of a contract.
13. Legal or contractual provisions making the personal data available; necessity for the conclusion of the contract; obligation of the data subject to make the personal data available; possible consequences of non-supply
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a data subject provides us with personal data, which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company concludes a contract with him/her. Failure to provide the personal data would mean that the contract with the person concerned could not be concluded. Before the person concerned makes personal data available, the person concerned must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the 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 what the consequences would be if the personal data were not provided.
14. Existence of automated decision making
As a responsible company, we avoid automatic decision making or profiling.