PRIVACY POLYCY
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 Wienker GmbH. The use of the Internet
pages of the Wienker 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 Wienker 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 Wienker
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 Wienker 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:
Wienker GmbH
Gustav-Stresemann-Weg 2
48155 Münster
Germany
Phone: +49 251 68 666 0
Email: info@wienker.de
Website: www.wienker.de
3. Collection of general data
and information
The website of the Wienker
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 Wienker 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 Wienker 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 Wienker GmbH, he or she may, at any time, contact any
employee of the controller. An employee of Wienker 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 Wienker 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 Wienker GmbH, he or she may at any
time contact any employee of the controller. The employee of the Wienker 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 Wienker 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 Wienker 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 Wienker 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 Wienker
GmbH to the processing for direct marketing purposes, the Wienker 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 Wienker 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 Wienker 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 Wienker 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 Wienker 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 Wienker 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 German Association for Data Protection that was developed in
cooperation with Privacy Lawyers from WILDE BEUGER SOLMECKE,
Cologne.
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