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Privacy Statement

Name and contact details of the controller as defined in Article 4 (7) of the General Data Protection Regulation (GDPR)

Winterhoff Picard GmbH
Wüstenhagener Strasse 63
42855 Remscheid
Telephone: +49 2191 9885-0
Fax: +49 2191 9885-55
E-mail: info@winterhoff-picard.de

Data protection officer

Dr. Patrick Schweisthal
Siegfriedstrasse 8
80803 Munich
Telephone: +49 89 7400 45840
E-mail: pschweisthal@consulting.dataguard.de

Security and protection of your personal data

We consider it our primary task to protect the confidentiality of the personal data you provide and to protect it from unauthorized access. We therefore take the utmost care and use state-of-the-art security standards to ensure maximum protection of your personal data.

As a company under private law, we are subject to the provisions of the European General Data Protection Regulation (GPDR) and the provisions of the German Federal Data Protection Act (BDSG). We have adopted technical and organisational measures to ensure that both we and our external service providers comply with the data protection regulations.

Definitions

The legislature requires that personal data be processed lawfully, fairly and in a transparent manner in relation to the data subject ("lawfulness, fairness, transparency"). In order to ensure this, we are informing you here about the individual legal definitions which are also used in this data protection policy:

1. 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.

2. Processing
“Processing” means 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.

3. Restriction of processing
“Restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future;

4. 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.

5. Pseudonymisation
“Pseudonymisation” means 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.

6. Filing system
“Filing system” means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.

7. Controller
“Controller” means 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.

8. Processors
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

9. Recipient
“Recipient” means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether or not this is a third party. 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.

10. Third party
“Third party” means 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.

11. Consent
The “consent” of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which the data subject, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

Lawfulness of processing
The processing of personal data is only lawful if there is a legal basis for the processing. Specifically, in accordance with points (a) to (f) of Article 6 (1) GDPR, the legal basis for the processing may be:

a. the data subject has given consent to the processing of his or her personal data for one or more specific purposes;

b. processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;

c. processing is necessary for compliance with a legal obligation to which the controller is subject;

d. processing is necessary in order to protect the vital interests of the data subject or of another natural person;

e. 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;

f. processing is necessary for the purposes of the legitimate interests pursued by the controller 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, in particular where the data subject is a child.

Information on the collection of personal data

(1) Below, we provide information on the collection of personal data when using our website. Personal data include, for example, name, address, e-mail addresses and user behaviour.

(2) When we are contacted via email or via a contact form, the data you provide (your email address, and where applicable your name and your telephone number) will be stored by us in order to answer your questions. We erase the data collected during this process after its storage is no longer necessary, or its processing is restricted if there are statutory retention obligations.

Personal data collection when visiting our website
If you use the website for information purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which are technically necessary for us to display our website to you and to guarantee stability and security (the legal basis for this is point (f) of Art. 6 (1) GDPR):

– address
– and time of request
– zone difference from Greenwich Mean Time (GMT)
– of the request (the specific page)
– status/HTTP status code
– amount of data transmitted
– website making the request
– system and its interface
– and version of the browser software.

Use of cookies
(1) In addition to the data mentioned above, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive, assigned to the browser you are using and transmit specific information to the site that set the cookie. Cookies cannot run programs or deliver viruses to your computer. They serve to make our internet site generally more user-friendly and effective.

(2) This website uses the following types of cookies; their scope and functionality are explained below:

– cookies (see a.)
– cookies (see b.).

a. Transient cookies are automatically deleted when you close the browser. They particularly include session cookies. These store what is known as a session ID, which can assign various requests from your browser to the shared session. This allows your computer to be recognised when you return to our website. Session cookies are deleted when you log out or close the browser.

b. Persistent cookies are automatically deleted after a specified period, which may differ depending on the cookie in question. You can delete the cookies at any time in the security settings of your browser.

c. You can configure your browser settings according to your needs and, for example, refuse to accept third-party cookies or all cookies. "Third party cookies" are cookies set by a third party and not by the actual website you are currently visiting. Please note that by deactivating cookies you may not be able to use all functions of this website.

Further functions and services in our website

1. In addition to the purely informative use of our website, we offer various services that you can use if you are interested. To access these, you usually have to provide further personal data, which we use to provide the respective service and to which the data processing principles noted above apply.

2. In some cases, we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are checked regularly.

3. Furthermore, we may disclose your personal data to third parties if we offer promotions, competitions, contracts or similar services together with partners. You can obtain more information on this by providing your personal data or in the description of the offer.

4. If our service providers or partners are located in a country outside the European Economic Area (EEA), we will inform you of the consequences of this in the description of the offer.

Children

Our website is basically aimed at adults. Persons under the age of 18 should not transmit personal data to us without the consent of their parents or legal guardians.

Rights of the data subject

(1) Withdrawal of consent
If you have given your consent to the processing of your personal data, you have the right to withdraw that consent at any time. This withdrawal of consent will not affect the lawfulness of any processing carried out before the withdrawal.

You can contact us at any time to exercise your right of withdrawal.

(2) Right of confirmation
You have the right to request confirmation from the controller as to whether we are processing personal data relating to you. You can request this confirmation at any time, using the above contact details.

(3) Right of access
If personal data is processed, you can request information about this personal data and about the following information at any time:

a. the purpose of the processing;

b. the categories of personal data concerned;

c. the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;

d. where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

e. 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;

f. the right to lodge a complaint with a supervisory authority;

g. where the personal data are not collected from the data subject, all available information as to their source;

h. 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 the envisaged consequences of such processing for the data subject.

Where personal data are transferred to a third country or to an international organisation, you have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer. We shall provide a copy of the personal data, which is subject to processing. If you request any further copies, we may charge a reasonable fee based on administrative costs. If you make the request by electronic means, the information shall be provided in a commonly used electronic form, unless requested otherwise. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.

(4) Right to rectification
You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

(5) Right to erasure (“right to be forgotten”)
You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and we have the obligation to erase personal data without undue delay where one of the following grounds applies:

a. The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

b. The data subject withdraws the consent on which the processing is based according to point (a) of Article 6 (1) or point (a) of Article 9 (2) GDPR, and where there is no other legal basis for the processing;

c. The data subject objects to the processing in accordance with Article 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in accordance with Article 21 (2) GDPR.

d. The personal data have been unlawfully processe

e. The personal data have to be erased for compliance with a legal obligation in Union or Member State law, to which the controller is subject.

f. The personal data have been collected in relation to the offer of information society services referred to in Article 8 (1) GDPR.

Where the controller has made the personal data public and is obliged to erase the personal data pursuant to paragraph 1, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

The right to erasure (“Right to be forgotten”) does not apply if the processing is necessary:

– exercising the right of freedom of expression and information;
– compliance with a legal obligation which requires processing by Union 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;
– reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9 (2) as well as Article 9 (3) GDPR;
– archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89 (1), in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
– for the establishment, exercise or defence of legal claims.

(6) Right to restriction of processing
You have the right to obtain the restriction of the processing of your personal data, where one of the following preconditions applies:

a. 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;

b. the processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;

c. 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, or

d. the data subject has objected to processing in accordance with Article 21 (1) GDPR, pending the verification whether the legitimate grounds of the controller override those of the data subject.

Where processing has been restricted under the preconditions noted above, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of important public interest of the Union or of a Member State.

In order to exercise the right to restriction of processing, the data subject may contact us at any time using the contact details provided above.

(7) Right to data portability
You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

a. the processing is based on consent pursuant to point (a) of Article 6 (1) or point (a) of Article 9 (2) or on a contract pursuant to point (b) of Article 6 (1) GDPR, and

b. the processing is carried out by automated means.

In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The exercise of the right to data portability shall be without prejudice to the right to erasure (Right to be forgotten). That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

(8) Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you, which is based on points (e) or (f) of Article 6 (1) GDPR, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates 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.

Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing; this includes profiling to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, the personal data will no longer be processed for such purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you can exercise your right to object by automated means using technical specifications.

You have the right, on grounds relating to your particular situation, to object to the processing of personal data concerning you, if these data are processed for scientific or historical research purposes or 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.

You can exercise your right to object at any time by contacting the responsible controller.

(9) Automated individual decision-making, including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects that concern you or has similar significant effects on you. This does not apply if the decision:

a. is necessary for entering into, or performance of, a contract between the data subject and the controller;

b. is 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

c. is based on the data subject's explicit consent.

The controller shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

The data subject can exercise this right at any time by contacting the responsible controller.

(10) The right to lodge a complaint with a supervisory authority

You also have the right, without prejudice to any other administrative or judicial remedy, to lodge a complaint to with a supervisory authority, in particular in the Member State of your place of residence, of work or of the place of the alleged infringement, if the data subject considers that the processing of personal data concerning him or her is contrary to this Regulation.

(11) Right to an effective judicial remedy

You have the right, without prejudice to any available administrative or extrajudicial remedy, to an effective judicial remedy, including the right of appeal to a supervisory authority under Article 77 GDPR, if you consider that your rights under this Regulation have been infringed as a result of processing of your personal data in breach of this Regulation.



Winterhoff Picard GmbH
Wüstenhagener Strasse 63
42855 Remscheid
Postfach 10 10 53
42810 Remscheid
GERMANY
T: +49 (0) 21 91/98 85-0
F: +49 (0) 21 91/98 85-55
E: info@winterhoff-picard.de