The entire content of the ELSCHUKOM website is protected under copyright law. Downloading or printing off individual pages and/or sub-sections of the ELSCHUKOM website is permitted only to the extent that it is covered by the purpose provided. Copyright notices may not be removed or changed. Any duplication, transfer or processing outside the narrow boundaries of copyright law is prohibited without the prior written consent of the author.
ELSCHUKOM tries to the best of its ability to ensure the reliability and absence of errors of the presented information. ELSCHUKOM can assume no liability for losses or damage of any type associated directly or indirectly with the access to, the use of, the service or the enquiry on the ELSCHUKOM website or with its links to other websites.
The activation of certain links on the ELSCHUKOM website can lead to this website being left. ELSCHUKOM has reviewed the links and the content of the linked sites; however, it cannot repeat this on a daily basis and therefore does not assume liability neither for their technical quality nor for their contents, especially the products and services offered or other offers on these sites.
The transfer of electronic documents via the email links on these web pages is permitted only under the following conditions:
1. Access within the meaning of this opening up of access is the email addresses published in the web presence as well as on the business papers of ELSCHUKOM GmbH.
2. Within the scope of electronic communication, ELSCHUKOM GmbH accepts documents in the following file formats:
· Adobe Acrobat up to version 7
· Rich Text Format (rtf)
· Microsoft Word, 97 version onwards (doc and docx)
· Microsoft Excel, 97 version onwards (xls and xlsx)
· Text formats (txt)
· Graphic formats: jpg, jpeg, gif, bmp, tiff
· Compressed, non-self-extracting files (zip)
3. In all permitted formats, no automated processes or programming may be used.
4. In emails with executable files (e.g. exe, bat), these attachments are erased without being read.
5. Agreement that emails be checked for viruses and spam is a prerequisite. Emails that have been classified as viruses or spam are erased without being read and are not processed further.
6. If an email cannot be processed (viruses, spam, technical problems), no electronic feedback is sent to the sender. It is a matter for the sender to obtain confirmation of the correct receipt of the email if necessary.
The presentation of national flags in the web presence of ELSCHUKOM GmbH serves the exclusive purpose of presenting the language for our field staff and customers.
ELSCHUKOM GmbH places great importance on the secure and confidential processing of your data in compliance with the legal regulations. To meet these requirements, technical and organisational measures were taken to ensure that these regulations are complied with.
In general, you can visit this website without leaving person-related data. To this end, you may need to configure settings in the browser used by you. The data collected are processed exclusively for the purpose of providing this website and for the other indicated purposes. Your data are not passed on to third parties, unless this is necessary on a purpose-related basis or you have consented to it.
1. PERSONAL DATA.
Personal data are individual details about personal or material circumstances of an identified or identifiable natural person, including names, addresses, telephone numbers, email addresses or IP addresses.
2. DATA COLLECTION AND PROCESSING UPON VISITING THE WEBSITE.
Upon visiting this website, data including the following are automatically recorded and processed within the scope of the performance of services:
· IP address and/or domain of the accessing computer
· Date and time of website access
· Quantity of the data transfer
· Success or failure of access to the site
These data are processed for technical reasons for the purposes of providing the website and can also serve the purposes of internal system statistics, system stability and security. The data are stored for a maximum of 7 days. These data are generally not direct person-related data.
The legal basis for temporary data storage and log files is Art. 6, paragraph 1 lit. f of the GDPR. 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. The user therefore has no option of objection.
3. COOKIES & COVERAGE MEASUREMENT.
Cookies are information which is transmitted to the users' web browsers by our web server or the web servers of third parties and are stored there for later access. Cookies may occur in the form of small files or other types of information storage.
If users do not wish to have cookies stored on their computer, they are asked to disable the relevant option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The disabling of cookies may lead to restrictions regarding the functionality of the online offering.
4. CONTACT FORMS, EMAILS.
There is a contact form on our website which can be used to contact us electronically. If a user uses this option, then the data entered into the input screen will be transferred to us and stored. These data are:
· Email address
· Telephone number (if stated)
No further data are stored at the time of sending.
Alternatively, we can be contacted using the email addresses provided in the web presence. In this case, the personal data of the user transferred with the email will be stored.
In this context, data will not be passed on to third parties. The data will exclusively be used for processing the conversation.
5. LEGAL BASIS FOR DATA PROCESSING.
The legal basis for data processing where the user has given their consent thereto is Art. 6, paragraph 1, lit. a of the GDPR.
The legal basis for the processing of data in the course of sending an email is Art. 6, paragraph 1, lit. f of the GDPR. If the email contact is aimed at concluding a contract, an additional legal basis for processing is Art. 6, paragraph 1, lit. b of the GDPR.
6. PURPOSE OF DATA PROCESSING.
Processing personal data from the input screen serves solely to handle the contact made. In the case of contact by email, the necessary legitimate interest is in processing the data. The other personal data processed during the sending process serve to prevent abuse of the contact form and ensure the security of our IT systems.
7. DURATION OF STORAGE.
The data are erased as soon as they cease to be required for the purpose for which they were collected. For personal data from the input screen of the contact form and that sent by email, this is the case when the relevant conversation with the user ends. The conversation ends when it can be seen from the circumstances that the relevant case has been conclusively clarified.
8. RIGHTS: ACCESS TO INFORMATION, CORRECTION, ERASURE.
If your personal data are processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the Controller:
a. Right of access to information
You can request confirmation from the Controller of whether we process personal data relating to you.
If such processing takes place, you can request the following information from the Controller:
· the purposes for which personal data are used;
· the categories of personal data processed;
· the recipients or categories of recipients to whom the personal data relating to you were or will be disclosed;
· the envisaged duration of storage of the personal data relating to you, or, if concrete information on this is not possible, criteria for determination of the storage period;
· the existence of the right to rectification or erasure of personal data relating to you, a right to restriction of processing by the Controller or the right to object to such processing;
· the right to lodge a complaint with a supervisory authority;
· any available information as to the source of the data if the personal data were not collected from the data subject;
· the existence of automated decision-making including profiling under Art. 22, paragraphs 1 and 4 GDPR and – at least in these cases – meaningful information on the logic involved as well as the significance and the envisaged consequences of such processing for the data subject.
You have a right to information as to whether the personal data relating to you are transmitted to a third country or to an international organisation. In this context, you have the right to be informed of the appropriate safeguards according to Art. 4 6 of the GDPR relating to data transmission.
b. Right to rectification
You have a right to rectification and/or completion vis-à-vis the Controller if the personal data processed relating to you are incorrect or incomplete. The Controller must undertake rectification without undue delay.
c. Right to restriction of processing
Under the following circumstances, you can request restriction of the processing of the personal data relating to you:
· if you contest the accuracy of the personal data relating to you, for a period which enables the Controller to verify accuracy of the personal data;
· if processing is unlawful, but you refuse erasure of the personal data, requesting instead that use of the personal data be restricted;
· if the Controller no longer needs the personal data for the purposes of processing, but you need it to assert, exercise or defend legal claims, or
· if you have lodged an objection against processing acc. to Art. 21, paragraph 1, GDPR, pending the verification whether the legitimate grounds of the Controller override those of you.
Where processing of the personal data relating to you has been restricted, such data shall, with the exception of storage, only be processed with your 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.
Where processing has been restricted pursuant to the aforementioned conditions, you shall be notified by the Controller before the restriction is lifted.
d. Right to erasure
Obligation to erase: You have the right to demand the erasure of your person-related data without undue delay from the Controller and the Controller is obliged to erase such data without undue delay where one of the following grounds applies:
· Your personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
· You withdraw your consent on which processing is based acc. to Art. 6, paragraph 1, lit. a or Art. 9, paragraph 2, lit. a GDPR, and there is no other legal ground for processing.
· You object to processing acc. to Art. 21, paragraph 1 and there are no overriding legitimate grounds for processing, or you object to processing acc. to Art. 21, paragraph 2 GDPR.
· Your personal data have been unlawfully processed.
· Your personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the Controller is subjected.
· Your personal data have been collected in relation to the offer of information society services pursuant to in Art. 8, paragraph 1 GDPR.
Information to third parties: Where the Controller has made your personal data public and is obliged pursuant to Art. 17, paragraph 1 of the GDPR to erase them, 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 you as the data subject have requested the erasure by such Controllers of any links to, or copy or replication of, those personal data.
Exceptions: The right to erasure does not apply to the extent that processing is necessary
· for exercising the right of freedom of expression and information;
· for 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;
· for reasons of public interest in the area of public health acc. to Art. 9, paragraph 2, lit. h and i as well as Art. 9, paragraph 3 GDPR;
· for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes acc. to Art. 89, paragraph 1 GDPR in so far as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
· for the establishment, exercising or defence of legal claims.
Right to be informed: If you have asserted the right to rectification, erasure or restriction of processing vis-à-vis the Controller, the Controller is obliged to communicate such rectification or erasure of the data or restriction of processing to each recipient to whom your personal data have been disclosed, unless this proves impossible or involves disproportionate effort.
You have the right to request information on those recipients from the Controller.
e. Right to data portability
You have the right to receive any personal data relating to you that has been provided by you to the Controller in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another Controller without hindrance from the Controller to whom the personal data have been provided, where
· The processing is based on consent pursuant to Art. 6, paragraph 1, lit. a of the GDPR or Art. 9, paragraph 2, lit. a of the GDPR or on a contract pursuant to point Art. 6, paragraph 1, lit. b of the GDPR and
· processing is carried out by automated means.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one Controller to another, where technically feasible. This must not adversely affect the rights and freedoms of others.
The right to data portability does not apply to any personal data processing that 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. Right to object
You have the right to object, on grounds relating to your particular situation, at any time to any processing of your personal data which is based on Art. 6, paragraph 1, lit. e or f of the GDPR, including profiling based on those provisions. The Controller shall no longer process your personal data, unless the Controller demonstrates compelling legitimate grounds for processing which override your interests, rights and freedoms or which serve the establishment, exercise or defence of legal claims.
Where your personal data are processed for direct marketing purposes, you have the right to object at any time to any processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where you object to processing for direct marketing purposes, your 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 may exercise your right to object by automated means using technical specifications.
If the user contacts us by email, then they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.
g. Right to withdraw consent regarding the processing of personal data
You have the right to withdraw your consent regarding the processing of your personal data at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
h. Automated individual decision-making including profiling
You have the right not to be subjected to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
· is necessary for entering into, or for the performance of, a contract between you and the Controller;
· is authorised by Union or Member State law to which the Controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
· is made with your explicit consent.
Nevertheless, such decisions must not be based on special categories of personal data referred to in Art. 9, paragraph 1 GDPR, unless Art. 9, paragraph 2, lit. a or g applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.
In the cases referred to in (1) and (3), the Controller implements suitable measures to safeguard rights and freedoms and your 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.
i. Right to lodge a complaint with 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 of your place of residence, place of work or place of the alleged infringement, if you consider that the processing of your personal data infringes on the GDPR.
The supervisory authority with which the complaint has been lodged informs the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy acc. to Art. 78 GDPR.
9. COMMENTS AND CONTRIBUTIONS.
If users leave comments or other contributions, their IP addresses will be saved for 7 days based on our legitimate interests as defined by Art. 6, paragraph 1, lit. f GDPR.
This is for our safety in case someone leaves unlawful content in comments and contributions (insults, illegal political propaganda, etc.). In this case, we may be prosecuted for the comment or contribution ourselves and are therefore interested in the identity of the author.
10. USE OF THIRD PARTY SERVICES AND CONTENT.
As part of our online services, we use content or services offers which are provided by third parties to embed their content and services such as videos or fonts (hereinafter uniformly referred to as “content”) based on our legitimate interests (i. e. interest in the analysis, optimisation and economical operation of our online services in accordance with Art. 6, paragraph 1, lit. f GDPR). As a prerequisite, the third-party providers of this content need to know the user’s IP address since they would otherwise not be able to send the content to the user’s browser. The IP address is therefore required to display the content. We will attempt to only make use of such content whose provider uses the IP address exclusively for the delivery of the content. In addition, third party providers may use what are known as pixel tags (invisible graphics, also referred to as “Web Beacons”) for statistical or marketing purposes. Using the “pixel tags”, information such as visitor traffic on the pages of this website can be analysed. The pseudonymised information can also be saved as cookies on the user’s device and, among other data, this may contain technical information on the browser and operating system, the referring web pages, access times and other information on the use of our online services, and it can be linked likewise with any such information from other sources.
The following list provides an overview of third-party providers and their content including links to their privacy policies which contain further information on the processing of data and options to object (referred to as opt out), some of which have already been mentioned here:
11. CONTROLLER, DPO.
a. Name and address of the Controller
The Controller within the meaning of the General Data Protection Regulation and other national data protection laws of the Member States as well as other legal data protection provisions is:
Telefon. +49 (0) 36 85 41 91-50
Telefax. +49 (0) 36 85 41 91-599
b. Name and address of the Data Protection Officer