Data Privacy

1. Definitions
Our privacy policy is based on the terminology used by European legislators and regulators when enacting the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used at the outset.

In this privacy policy, we use the following terms, amongst others:

a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as the ‘data subject’). A natural person is regarded as identifiable if they 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
A data subject is any identified or identifiable natural person whose personal data is processed by the controller.

c) Processing
Processing means any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or any other form of making available, alignment or combination, restriction, erasure or destruction.

d) Restriction of processing
Restriction of processing means marking stored personal data with the aim of limiting its future processing.

e) Pseudonymization
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 is not attributed to an identified or identifiable natural person.

f) Controller
A controller 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.

g) Data processor
A data processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.

h) Recipients
A recipient is a natural or legal person, public authority, agency or other body to whom personal data is disclosed, irrespective of whether they are a third party or not. However, public authorities which may receive personal data in the framework of a specific inquiry mandate under Union law, or the law of the Member States shall not be regarded as recipients.

i) Third party
A third party is a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorised to process personal data under the direct responsibility of the controller or the processor.

j) Consent
Consent means 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 data controller
The data controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions relating to data protection are:

Eichenauer GmbH & Co. KG
Industriestrasse 1
76770 Hatzenbühl
Deutschland
Tel.: +49 7275 702-0
E-Mail: info@eichenauer.de
Website: www.eichenauer.de

3. Cookies
Our website uses cookies. Cookies are text files that are placed and stored on a computer system via a web browser.

Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters that allows websites and servers to identify the specific web browser in which the cookie was stored. This enables the websites and servers visited to distinguish the data subject’s individual browser from other web browsers that contain different cookies. A specific web browser can be recognised and identified via the unique cookie ID.

By using cookies, we can provide users of this website with more user-friendly services that would not be possible without the use of cookies.

Cookies enable us to optimise the information and content on our website to better suit the user’s needs. As mentioned earlier, cookies allow us to recognise users of our website. The purpose of this recognition is to make it easier for users to navigate our website. For example, a user of a website that uses cookies does not have to re-enter their login details every time they visit the website, as this is handled by the website and the cookie stored on the user’s computer system. Another example is the shopping basket cookie in an online shop. The online shop uses a cookie to remember the items a customer has placed in the virtual shopping basket.

The data subject may prevent our website from setting cookies at any time by adjusting the settings of their web browser, thereby permanently objecting to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via a web browser or other software. This is possible in all common web browsers. If the data subject disables the setting of cookies in the web browser they are using, it is possible that not all functions of our website will be fully usable.

4. Collection of general data and information
Our website collects a range of general data and information each time it is accessed by a data subject or an automated system. This general data and information are stored in the server’s log files. The data collected may include the browser types and versions used, the operating system used by the accessing system, the website from which an accessing system reaches our website (known as a referrer), the sub-pages accessed via an accessing system on our website, the date and time of access to the website, an Internet Protocol address (IP address), the Internet service provider of the accessing system, and other similar data and information used for security purposes in the event of attacks on our information technology systems.

We do not use this general data and information to draw any conclusions about the data subject. Rather, this information is required to display the content of our website correctly, to optimise the content of our website and the advertising displayed on it, to ensure the ongoing functionality of our IT systems and website technology, and to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyberattack. We therefore evaluate this anonymously collected data and information statistically and, furthermore, with the aim of enhancing data protection and data security within our company, ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data from the server log files is stored separately from any personal data provided by a data subject.

5. Contact details via the website
In accordance with legal requirements, the website contains information that enables quick electronic contact with our company and direct communication with us, which also includes a general electronic mail address (email address). If a data subject contacts the data controller via email or a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data, transmitted voluntarily by a data subject to the data controller, is stored for the purposes of processing or contacting the data subject. This personal data is not disclosed to third parties.

6. Routine erasure and blocking personal data
The data controller processes and stores the data subject’s personal data only for the period necessary to fulfil the purpose of storage, or where this has been provided for by the European legislator or another legislator in laws or regulations to which the data controller is subject.
If the purpose of storage ceases to apply or if a retention period prescribed by the European legislator or another competent legislator expires, the personal data shall be routinely blocked or deleted in accordance with the statutory provisions.

7. Rights of the data subject
a) Right to confirmation
Every data subject has the right, granted by the European legislator, to request confirmation from the controller as to whether personal data concerning them is being processed. Should a data subject exercise this right to confirmation, they may contact our data protection officer or another member of staff of the controller at any time.

Every data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller, at any time and free of charge, information regarding the personal data stored about them and a copy of such information. Furthermore, the European legislator has granted the data subject the right to obtain the following information:
• the purposes of the processing
• the categories of personal data being processed
• the recipients or categories of recipients to whom the personal data have been or will be disclosed, where recipients are in third countries or are international organisations
• where possible, the envisaged period for which the personal data will be stored, or, if this is not possible, the criteria used to determine that period
• the existence of a right to rectification or erasure of personal data concerning them, or to restriction of processing by the controller, or a right to object to such processing
• the existence of a right to lodge a complaint with a supervisory authority
• where the personal data are not collected from the data subject: all available information regarding the origin of the data
• the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the GDPR and — at least in such cases — meaningful information about the logic involved, as well as the significance and the intended consequences of such processing for the data subject
Furthermore, the subject of data has the right to be informed as to whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject is also entitled to receive information about the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right of access, they may contact our Data Protection Officer or another member of staff of the controller at any time.

b) Right to rectification
Any data subject whose personal data is being processed has the right, as granted by European legislation, to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data — including by means of a supplementary statement — considering the purposes of the processing.
If a data subject wishes to exercise this right to rectification, they may contact our Data Protection Officer or another member of staff of the controller at any time.

c) Right to erasure (right to be forgotten)
Any data subject affected by the processing of personal data has the right, granted by the European legislator, to request that the controller erase personal data concerning them without undue delay, provided that one of the following grounds applies and insofar as the processing is not necessary:
• The personal data has been collected or otherwise processed for purposes for which it is no longer necessary.
• The data subject withdraws their consent on which the processing was based pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR, and there is no other legal basis for the processing.
• 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.
• The personal data has been unlawfully processed.
• The erasure of personal data is necessary for compliance with a legal obligation under Union law or the law of the Member States to which the controller is subject
• The personal data was collected in connection with information society services offered in accordance with Article 8(1) of the GDPR.
If any of the above grounds apply and a data subject wishes to request the erasure of personal data stored by us, they may contact our Data Protection Officer or another member of staff of the controller at any time. Our Data Protection Officer will ensure that the request for erasure is complied with without delay.
d) Right to restriction of processing
Any data subject affected by the processing of personal data has the right, granted by the European legislator, to request that the controller restrict processing if one of the following conditions is met:
• The data subject disputes the accuracy of the personal data, for a period enabling the controller to verify the accuracy of the personal data.
• The processing is unlawful, the data subject objects to the erasure of the personal data and requests, instead, the restriction of the use of the personal data.
• The controller no longer requires personal data for the purposes of processing, but the data subject requires it for the establishment, exercise or defense of legal claims.
• The data subject has objected to the processing pursuant to Article 21(1) of the GDPR and it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.
If any of the above conditions apply and a data subject wishes to request the restriction of personal data stored by our company, they may contact our Data Protection Officer at any time. The Data Protection Officer will arrange for the restriction of processing.

e) Right to data portability
Any data subject whose personal data is being processed has the right, as granted by European legislation, to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR, and the processing is carried out by automated means, provided that 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, when exercising their right to data portability under Article 20(1) of the GDPR, the data subject has the right to have their personal data transmitted directly from one controller to another, provided that this is technically feasible and does not adversely affect the rights and freedoms of others.
To exercise the right to data portability, the data subject may contact the Data Protection Officer or another member of staff at any time.

f) Right to object
Any data subject affected by the processing of personal data has the right, granted by the European legislator, to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them which is carried out on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.
In the event of an objection, we will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves to establish, exercise or defend legal claims.
Where we process personal data for the purposes of direct marketing, the data subject has the right to object at any time to the processing of personal data for the purposes of such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to our company processing their data for the purposes of direct marketing, we will no longer process the personal data for these purposes.

Furthermore, the data subject has the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) of the GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
To exercise their right to object, the data subject may contact the Data Protection Officer directly. The data subject is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to object by means of automated procedures using technical specifications

g) Automated individual decision-making, including profiling
Every data subject affected by the processing of personal data has 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 them or similarly significantly affects them, unless the decision is necessary for entering into or performing a contract between the data subject and the controller, or is authorised by Union or Member State law to which the controller is subject, and that law provides for appropriate measures to safeguard the data subject’s rights and freedoms and legitimate interests, or is based on the data subject’s explicit consent.

If the decision is necessary for the conclusion or performance of a contract between the data subject and the controller, or if it is made with the data subject’s explicit consent, we shall take appropriate measures to safeguard the data subject’s rights and freedoms as well as their legitimate interests; this includes, at a minimum, the right to request human intervention on the part of the controller, to state their point of view, and to contest the decision.

If the data subject wishes to exercise rights relating to automated decisions, they may contact our Data Protection Officer at any time.

h) Right to withdraw consent under data protection law
Any data subject affected by the processing of personal data has the right, granted by the European legislator, to withdraw their consent to the processing of personal data at any time.
If the data subject wishes to exercise their right to withdraw consent, they may contact our Data Protection Officer or another member of staff of the data controller at any time.

8. Legal basis for processing
Article 6(1)(a) of the GDPR serves as the legal basis for our company’s processing operations where we obtain consent for a specific purpose of processing. Where the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Article 6(1)(b) of the GDPR. The same applies to processing operations necessary for the implementation of pre-contractual measures, such as in cases of enquiries regarding our products or services. Where our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Article 6(1)(c) of the GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person.

This would be the case, for example, if a visitor were to be injured on our premises and their name, age, health insurance details or other vital information subsequently had to be disclosed to a doctor, a hospital or other third parties. In such cases, the processing would be based on Article 6(1)(d) of the GDPR. This legal basis applies to processing operations not covered by any of the legal bases, where the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not override those interests. We are permitted to carry out such processing operations because they have been specifically mentioned by the European legislator. In this regard, the legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, second sentence of the GDPR).

9. Legitimate interests in processing pursued by the controller or a third party
Where the processing of personal data is based on Article 6(1)(f) of the GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and shareholders.

10. Period for which personal data is stored
The criterion for the period of storage of personal data is the relevant statutory retention period. Once this period has expired, the relevant data is routinely deleted, provided it is no longer required for the performance of a contract or for entering a contract.

11. Legal or contractual requirements for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide personal data; possible consequences of non-provision
We would like to inform you that the provision of personal data is in some cases required by law (e.g. tax regulations) or may also arise from contractual provisions (e.g. details of the contracting party). In some instances, it may be necessary for a data subject to provide us with personal data to conclude a contract, which we must then process. For example, the data subject is obliged to provide us with personal data when our company enters a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded.
Before providing personal data, the data subject must contact our Data Protection Officer. Our Data Protection Officer will advise the data subject, on a case-by-case basis, as to whether the provision of personal data is required by law or contract, or is necessary for the conclusion of a contract; whether there is an obligation to provide the personal data; and what the consequences would be if the personal data were not provided.