Privacy policy

Data protection declaration in accordance with the GDPR

I. Name and address of the controller

The controller within the meaning of the General Data Protection Regulation and other national data protection laws of EU member states and other data protection regulations is
Held GmbH
An der Ostrach 7
87545 Burgberg-Erzflöße
Germany
Tel.: (08321) 6646-0
E-mail: info@held.de
Website: www.held.de

II. Name and address of the Data Protection Officer

The controller’s data protection officer is:
Law firm Menz & Partner, Mr Stephan Thomae
Edisonstraße 2
87437 Kempten
Germany
Tel.: +49 831 9608730
E-mail: stephan.thomae@menzundpartner.de
Website: www.menzundpartner.de
 
III. General information on data processing

1. Scope of personal data processing

As a matter of principle, we only process our users’ personal data to the extent necessary to provide a functional website and our contents and services. The regular processing of our users’ personal data only takes place with the user’s consent. An exception is made in cases where prior consent cannot be obtained for factual reasons and the processing of data is permitted by law.
2. Legal basis for the processing of personal data

Insofar as we obtain the data subject’s consent for the processing of personal data, Art. 6 (1) (a) EU General Data Protection Regulation (GDPR) serves as the legal basis.
When processing personal data necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) (b) GDPR serves as the legal basis. This also applies to processing necessary for the implementation of pre-contractual measures.
Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 (1) (c) GDPR serves as the legal basis.
In cases where the vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) GDPR serves as the legal basis.
If the processing is necessary to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 (1) (f) GDPR serves as the legal basis for the processing.
3. Data erasure and storage duration

The data subject’s personal data will be deleted or blocked as soon as the purpose of the storage is no longer applicable. Storage may also take place if this has been provided for by the European or national legislator in EU regulations, laws or other regulations to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.
IV. Provision of the website and creation of log files

1. Description and scope of data processing

Whenever you visit our website, our system automatically collects data and information from the calling computer’s system.
The following data is collected:
(1) Information about the browser type and version used
(2) The user's operating system
(3) The user’s Internet service provider
(4) The user’s IP address
(5) Date and time of access
(6) Websites from which the user's system reaches our website
(7) Websites that are accessed by the user's system via our website
The data is also stored in our system’s log files. This does not involve the user's IP addresses or other data that would enable the data to be assigned to a user. This data is not stored together with the user’s other personal data.
2. Legal basis for the data processing
The legal basis for the temporary storage of the data is Art. 6 (1) (f) GDPR.
3. Purpose of the data processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this purpose, the user’s IP address must remain stored for the duration of the session.
These purposes also include our legitimate interest in data processing according to Art. 6 (1) (f) GDPR.
4. Duration of storage
The data is deleted as soon as it is no longer necessary for the purpose for which it was collected. In the case of data collection for the provision of the website, this is the case when the respective session has ended.
5. Possibility of objection and removal
The collection of data for the provision of the website and the storage of the data in log files is essential for the operation of the website. There is therefore no possibility of objection on the part of the user.
 
V. Use of cookies
a) Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. When a user visits a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string that enables the browser to be uniquely identified when the user returns to the website.
We use cookies to make our website more user-friendly. Some elements of our website require the visiting browser to be identifiable even after a page change.
The following data is stored and transmitted in the cookies:
(1) Language settings
(2) Items in the shopping cart
(3) Log-in information
b) Legal basis for the data processing
The legal basis for the processing of personal data using cookies is Art. 6 (1) (f) GDPR.
c) Purpose of the data processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. These require the browser to be recognised even after a page change.
We require cookies for the following applications:
(1) Shopping cart
(2) Acceptance of language settings
(3) Remembering search terms
The user data collected through technically necessary cookies is not used to create user profiles.
These purposes also include our legitimate interest in the processing of personal data in accordance with Art. 6 (1) (f) GDPR.
d) Duration of storage, possibility of objection and removal
Cookies are stored on the user's computer and transmitted from there to our site. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your Internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that not all functions of the website will be fully usable.
 
VI. Newsletter
1. Description and scope of data processing
It is possible to subscribe to a free newsletter on our website. When registering for the newsletter, the data from the input screen is transmitted to us. Only the email address is mandatory.
In addition, the following data is collected during registration:
Date and time of registration
Your consent to the processing of data is obtained during the registration process and reference is made to this privacy policy.
The data related to the data processing for sending newsletters is not passed on to third parties. The data is used exclusively for sending the newsletter.
2. Legal basis for the data processing
The legal basis for the processing of data after registration for the newsletter by the user is Art. 6 (1) (a) GDPR.
3. Purpose of the data processing
The collection of the user's email address serves to deliver the newsletter. The collection of other personal data during the registration process serves to prevent misuse of the services or the e-mail address used.
4. Duration of storage
The data is deleted as soon as it is no longer necessary for the purpose for which it was collected. The user's e-mail address is therefore stored as long as the subscription to the newsletter is active. The other personal data collected during the registration process is usually deleted after a period of seven days.
5. Possibility of objection and removal
The subscription to the newsletter can be cancelled by the user concerned at any time. You will find a link in every newsletter for this purpose, which also allows you to withdraw your consent to the storage of personal data collected during the registration process.
 
VII. Registration
1. Description and scope of data processing
On our website we offer users the opportunity to register by entering personal data. The data is entered into an input screen, transmitted to us and stored. The data will not be passed on to third parties. The following data is collected during the registration process:
(1) Name
(2) E-mail address
(3) Street and house number.
(4) Postcode
(5) Town
(6) Country
(7) Tel.
The user's consent to the processing of this data is obtained during the registration process.
2. Legal basis for the data processing
The legal basis for the processing of the data, if the user has given their consent, is Art. 6 (1) (a) GDPR. If the registration serves the performance of a contract to which the user is a party or the implementation of pre-contractual measures, an additional legal basis for the processing of data is Art. 6 (1) (b) GDPR.
3. Purpose of the data processing
User registration is required for the provision of certain contents and services on our website. The user’s registration is required for the fulfilment of a contract with the user or for the implementation of pre-contractual measures.
4. Duration of storage
The data is deleted as soon as it is no longer necessary for the purpose for which it was collected.
This is the case for data collected during the registration process if the registration on our website is cancelled or amended.
This is the case for data collected during the registration process for the purpose of fulfilling a contract or carrying out pre-contractual measures if the data is no longer required for the fulfilment of the contract. Even after conclusion of the contract, it may still be necessary to store the contractual partner’s personal data in order to comply with contractual or legal obligations.
5. Possibility of objection and removal
As a user you are able to cancel the registration at any time. You can have the data stored about you amended at any time.
If the data is required for the fulfilment of a contract or for the implementation of pre-contractual measures, an early deletion of the data is only possible if there are no contractual or legal obligations to prevent deletion.
 
VIII. Contact form and e-mail contact
1. Description and scope of data processing
There is a contact form on our website which can be used for electronic contact. If a user takes advantage of this option, the data entered in the input screen is transmitted to us and stored. This data is:
(1) Name
(2) E-mail address
(3) Street and house number.
(4) Postcode
(5) Town
(6) Country
(7) Tel.
Your consent to the processing of the data will be obtained during the sending process and reference will be made to this privacy policy.
Alternatively, it is possible to contact us via the e-mail address provided. In this case, the user's personal data transmitted with the e-mail will be stored.
In this context, the data is not passed on to third parties. The data is used exclusively for processing the conversation.
2. Legal basis for the data processing
The legal basis for the processing of the data, if the user has given their consent, is Art. 6 (1) (a) GDPR.
The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 (1) (f) GDPR. If the e-mail contact aims to conclude a contract, an additional legal basis for the processing is Art. 6 (1) (b) GDPR.
3. Purpose of the data processing
The personal data from the input screen is processed solely for processing the contact. In the case of contact by e-mail, this is also the required legitimate interest in processing the data.
The other personal data processed during the sending process serves to prevent misuse of the contact form and ensure the security of our information technology systems.
4. Duration of storage
The data is deleted as soon as it is no longer necessary for the purpose for which it was collected. For the personal data from the contact form’s input screen and that sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been finally clarified.
Any additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
5. Google ReCaptcha
We integrate the function for detecting bots, e.g. when entering data in online forms ("ReCaptcha"), of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-out: https://adssettings.google.com/authenticated.
6. Possibility of objection and removal
The user may revoke their consent to the processing of personal data at any time. The user may contact us by e-mail to object to the storage of their personal data at any time. In such a case the conversation cannot be continued.
All personal data stored in the course of the contact will be deleted in this case.
 
IX. Rights of the data subject
If your personal data is being processed, you are a data subject within the meaning of the GDPR and you are entitled to the following rights in relation to the controller:
1. Right to information

You can request confirmation from the controller as to whether we are processing your personal data. Where such processing is carried out, you may request the following information from the controller:

(1) the purposes for which the personal data is being processed
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom your personal data has been or will be disclosed;
(4) the planned duration of storage of your personal data or, if it is not possible to give specific details, criteria for determining the duration of storage;
(5) the existence of a right to rectification or erasure of your personal data, a right to have the processing limited by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any available information as to the source of the data, where the personal data was not collected from the data subject;
(8) 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 about the logic involved and the scope and intended effects of such processing on the data subject.

You have the right to request information as to whether personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transfer.

2. Right to rectification

You have the right to obtain from the data controller the rectification and/or completion of your processed personal data if it is incorrect or incomplete. The data controller shall make the rectification without delay.

3. Right to restrict processing

Under the following conditions, you may request that the processing of your personal data be restricted:

(1) if you dispute the accuracy of your personal data for a period of time which enables the controller to verify the accuracy of the personal data;
(2) if the processing is unlawful and you object to the deletion of the personal data and request instead that the use of the personal data be restricted;
(3) the controller no longer needs the personal data for the purposes of the processing, but you need them in order to assert, exercise or defend legal claims; or
(4) if you have lodged an objection to the processing pursuant to Art. 21 (1) GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh your reasons.

If the processing of your personal data has been restricted, such data, apart from being stored, may be processed only with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural person or legal entity or on grounds of an important public interest of the EU or a member state.
If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
4. Right to erasure

a) Obligation to delete

You may request the controller deletes your personal data without delay and the controller is obliged to delete such data without delay if one of the following reasons applies:

(1) The storage of your personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
(2) You revoke your consent on which the processing was based pursuant to Art. 6 (1) (a) or Art. 9 (2) (a) GDPR and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate reasons for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.
(4) Your personal data has been processed unlawfully
(5) Your personal data must be deleted to comply with a legal obligation under EU or member state law to which the controller is subject.
(6) Your personal data has been collected in relation to information society services offered in accordance with Art. 8 (1) GDPR.

b) Information to third parties

If the controller has made your personal data public and is obliged to delete it in accordance with Art. 17 (1) GDPR, they shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to this personal data or copies or replications of this personal data.

c) Exceptions

The right to erasure does not exist if the processing is necessary

(1) for the exercise of the right to freedom of expression and information;
(2) for compliance with a legal obligation which requires processing under EU or member state law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the field of public health in accordance with Art. 9 (2) (h) and (i) as well as Art. 9 (3) GDPR;
(4) for archiving purposes in the public interest, for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 (1) GDPR, insofar as the right referred to in section a) is likely to make it impossible or seriously affect the attainment of the objectives of such processing, or
(5) to assert, exercise or defend legal claims.

5. Right to information

If you have exercised the right to rectify, erase or limit the processing, the controller is obliged to notify all recipients to whom your personal data has been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed of these recipients by the controller.

6. Right to data portability

You have the right to receive your personal data that you have provided to the controller in a structured, common and machine-readable format. You also have the right to have this data communicated to another controller without interference from the controller to whom the personal data has been made available, provided that
(1) the processing is based on a consent pursuant to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR or on a contract pursuant to Art. 6 (1) (b) GDPR and
(2) the processing is carried out using automated procedures.
In exercising this right, you also have the right to have your personal data transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to data portability shall not apply to the processing of personal data which 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.

7. Right of objection

You have the right to object at any time, for reasons arising from your particular situation, to the processing of your personal data which is carried out on the basis of Art. 6 (1) (e) or (f) GDPR; this also applies to profiling based on these provisions.
The controller shall no longer process your personal data unless they can demonstrate compelling legitimate reasons for processing which outweigh your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.
Where your personal data is being processed for the purpose of direct marketing, you have the right to object at any time to the processing of your personal data for the purpose of such marketing, including profiling, insofar as it relates to such direct marketing.
If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
Notwithstanding Directive 2002/58/EC, you may exercise your right to objection in relation to the use of information society services by means of automated procedures using technical specifications.
8. Right to withdraw the declaration of consent under data protection law

You have the right to withdraw your declaration of consent under data protection law at any time. Withdrawing consent does not affect the lawfulness of processing based on consent before its withdrawal.

9. Automated decision-making in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which has a legal effect on you or which significantly affects you in a similar way. This shall not apply if the decision

(1) is necessary for the conclusion or performance of a contract between you and the controller
(2) is authorised by EU or member state legislation to which the controller is subject and that legislation provides for appropriate measures to safeguard your rights and freedoms and your legitimate interests; or
(3) is made with your express consent.

However, these decisions may not be based on special categories of personal data in accordance with Art. 9 (1) GDPR, unless Art. 9 (2) (a) or (g) GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

In the cases referred to in (1) and (3), the controller shall take appropriate measures to safeguard your rights and freedoms and your legitimate interests, which shall include at least the right to obtain human intervention on the part of the controller, to express their point of view and to challenge the decision.

10. Right of appeal to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the member state in which you are domiciled, your place of work or the place where the alleged infringement occurred, if you consider that the processing of your personal data is in breach of the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant of the status and the results of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR


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