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Privacy Policy
We are very delighted that you have shown interest in our enterprise.
Data protection is of a particularly high priority for the management
of the Widmann GmbH. The use of the Internet pages of the Widmann GmbH is
possible without any indication of personal data; however, if a data
subject wants to use special enterprise services 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 consent from the data subject.
The processing of personal data, such as the name, address, e-mail
address, or telephone number of a data subject shall always be in line
with the General Data Protection Regulation (GDPR), and in accordance
with the country-specific data protection regulations applicable to the
Widmann GmbH. By
means of this data protection declaration, our enterprise would like to
inform the general public of the nature, scope, and purpose of the
personal data we collect, use and process. Furthermore, data subjects
are informed, by means of this data protection declaration, of the
rights to which they are entitled.
As the controller, the Widmann GmbH
has implemented numerous technical and organizational measures to
ensure the most complete protection of personal data processed through
this website. However, Internet-based data transmissions may in
principle have security gaps, so absolute protection may not be
guaranteed. For this reason, every data subject is free to transfer
personal data to us via alternative means, e.g. by telephone.
1. Definitions
The data protection declaration of the Widmann GmbH
is based on the terms used by the European legislator for the adoption
of the General Data Protection Regulation (GDPR). Our data protection
declaration should be legible and understandable for the general
public, as well as our customers and business partners. To ensure this,
we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, 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, organisation, structuring,
storage, adaptation or alteration, retrieval, consultation, use,
disclosure by transmission, dissemination or otherwise making
available, alignment or combination, restriction, erasure or
destruction.
• d) Restriction of processing
Restriction of processing 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 analyse or
predict aspects concerning that natural person's performance at work,
economic situation, health, personal preferences, interests,
reliability, behaviour, location or movements.
• f) Pseudonymisation
Pseudonymisation 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 organisational 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; the processing
of those data by those public authorities shall be in compliance with
the applicable data protection rules according to the purposes of the
processing.
• 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
authorised 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
(GDPR), other data protection laws applicable in Member states of the
European Union and other provisions related to data protection is:
Widmann GmbH
Lilienthalstr. 11
82205 Gilching
Deutschland
Phone: +49 8105 9906
Email: info@widmann-gilching.de
Website: www.widmann-gilching.de
3. Collection of general data and information
The website of the Widmann 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, the Widmann 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, the Widmann 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.
4. Routine erasure and blocking of personal data
The data controller shall process and store 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 to.
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.
5. 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:
o the purposes of the processing;
o the categories of personal data concerned;
o 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 organisations;
o where possible, the envisaged period for which the
personal data will be stored, or, if not possible, the criteria used to
determine that period;
o 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;
o the existence of the right to lodge a complaint with a supervisory authority;
o where the personal data are not collected from the
data subject, any available information as to their source;
o 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 shall have a right to obtain information
as to whether personal data are transferred to a third country or to an
international organisation. 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:
o The personal data are no longer necessary in
relation to the purposes for which they were collected or otherwise
processed.
o The data subject withdraws consent to which the
processing is based according to point (a) of Article 6(1) of the GDPR,
or point (a) of Article 9(2) of the GDPR, and where there is no other
legal ground for the processing.
o The data subject objects to the processing pursuant
to Article 21(1) of the GDPR and there are no overriding legitimate
grounds for the processing, or the data subject objects to the
processing pursuant to Article 21(2) of the GDPR.
o The personal data have been unlawfully processed.
o The personal data must be erased for compliance
with a legal obligation in Union or Member State law to which the
controller is subject.
o The personal data have been collected in relation
to the offer of information society services referred to in Article
8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Widmann GmbH, he or she may, at any time, contact any employee of the controller. An employee of Widmann 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) 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. An employees of the Widmann 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:
o 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.
o The processing is unlawful and the data subject
opposes the erasure of the personal data and requests instead the
restriction of their use instead.
o The controller no longer needs the personal data
for the purposes of the processing, but they are required by the data
subject for the establishment, exercise or defence of legal claims.
o The data subject has objected to processing
pursuant to Article 21(1) of the 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 the Widmann GmbH, he or she may at any time contact any employee of the controller. The employee of the Widmann 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 point (a) of Article 6(1) of
the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract
pursuant to point (b) of Article 6(1) of the 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) of the 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.
In order to assert the right to data portability, the data subject may at any time contact any employee of the Widmann 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 point (e) or (f) of Article 6(1) of the GDPR.
This also applies to profiling based on these provisions.
The Widmann 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 defence of legal claims.
If the Widmann 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 the Widmann GmbH to the processing for direct marketing purposes, the Widmann 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 the Widmann GmbH
for scientific or historical research purposes, or for statistical
purposes pursuant to Article 89(1) of the GDPR, unless the processing
is necessary for the performance of a task carried out for reasons of
public interest.
In order to exercise the right to object, the data subject may contact any employee of the Widmann GmbH.
In addition, the data subject is free in the context of the use of
information society services, and 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 is necessary for entering into, or
the performance of, a contract between the data subject and a data
controller, or (2) is not authorised by Union or Member State law to
which the controller is subject and which also lays down suitable
measures to safeguard the data subject's rights and freedoms and
legitimate interests, or (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, the Widmann 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 the Widmann 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 the Widmann GmbH.
6. Legal basis for the processing
Art. 6(1) lit. a GDPR serves 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, when processing operations are necessary for the
supply of goods or to provide any other service, the processing is
based on Article 6(1) lit. b GDPR. The same applies to such processing
operations which are necessary for carrying out pre-contractual
measures, for example in the case of inquiries concerning our products
or services. Is our company subject to a legal obligation by which
processing of personal data is required, such as for the fulfillment of
tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In
rare cases, the processing of personal data may be necessary to protect
the vital interests of the data subject or of another natural person.
This would be the case, for example, if a visitor were injured in our
company and his name, age, health insurance data or other vital
information would have to be passed on to a doctor, hospital or other
third party. Then the processing would be based on Art. 6(1) lit. d
GDPR. Finally, processing operations could be based on Article 6(1)
lit. f GDPR. This legal basis is used for processing operations which
are not covered by any of the abovementioned legal grounds, if
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 which require protection of personal data. Such
processing operations are particularly permissible because they have
been specifically mentioned by the European legislator. He considered
that a legitimate interest could be assumed if the data subject is a
client of the controller (Recital 47 Sentence 2 GDPR).
7. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f
GDPR our legitimate interest is to carry out our business in favor of
the well-being of all our employees and the shareholders.
8. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data
is the respective statutory retention period. After expiration of that
period, the corresponding data is routinely deleted, as long as it is
no longer necessary for the fulfillment of the contract or the
initiation of a contract.
9. Provision of personal data as statutory or contractual requirement;
Requirement necessary to enter into a contract; Obligation of the data
subject to provide the personal data; possible consequences of failure
to provide such data
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 to conclude a contract that the 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 signs 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 personal data is provided
by the data subject, the data subject must contact any employee. The
employee clarifies to the data subject 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 the consequences of non-provision of the personal
data.
10. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
This Privacy Policy has been generated by the Privacy Policy Generator
of the External Data Protection Officers that was developed in
cooperation with the Media Law Lawyers from WBS-LAW.
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