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Privacy Policy

This privacy policy explains how we process your personal data as a user of our website and services.

 

I. Definitions


"Personal data" shall refer to any information relating to an identified or identifiable natural person; 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;

"Processing" shall mean any operation or set of operations, whether or not automated, performed upon personal data, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, deletion or destruction;

"Controller" shall mean the natural or legal person, public authority, agency or any 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 law or by the law of the Member States, provisions may be made for the controller or for the specific criteria for their designation under Union law or the law of the Member States;

"Recipient" means a natural or legal person, public authority, agency or other body to whom personal data is disclosed, whether or not a third party. However, public authorities that may receive personal data within the context of a specific investigative task under Union or Member State law shall not be considered as recipients; the processing of such data by the said authorities shall be carried out in accordance with the applicable data protection rules in accordance with the purposes of the processing;

 

II. General information


1. Person responsible for data processing

SchwörerHaus GmbH & Co. KG
Unternehmensbereich Schwörer Fertigbad-Systeme

Dr. Alexandra Treutler, Branch manager

Blumberger Chaussee 2
D-16356 Ahrensfelde
Germany

Phone: +49 30 938 99 – 0
Fax: +49 30 930 94 34

E-Mail: info@schwoererbau.de


2. Contact details of the Data Protection Officer

Data Protection Officer:

SchwörerHaus GmbH & Co. KG
Unternehmensbereich Schwörer Fertigbad-Systeme

Attn: Data Protection Officer

Blumberger Chaussee 2
D-16356 Ahrensfelde
Germany

Our Data Protection Officer can be contacted at the above contact details.

 

3. Information on processing operations

We draw your attention to the respective legal basis of individual processing operations. If we intend to transfer data to third countries outside the European Union (EU) or the European Economic Area (EEA), this will also be indicated.

 

4. Rights of data subjects

As a data subject, you have the following rights:

  • Pursuant to Art. 15 of the GDPR, you may request information about your personal data processed by us; you may also request information about the purposes of processing, the categories of personal data processed, the recipients or categories of recipients to whom your data has been or will be disclosed, the planned storage period or the criteria for determining the storage period, the origin of your data if it has not been collected from you, the existence of automated decision-making including profiling and, if applicable, meaningful information about its details such as logic, scope and effects, the existence of the right to rectification or erasure of the data concerned, the right to restrict processing or to object to such processing, the existence of the right to object to processing, the right to object to processing and the right to object to processing. Finally, you have the right to be informed whether personal data has been transferred to a third country or to an international organisation and – if this is the case – about the appropriate guarantees in connection with the transfer;

  • Pursuant to Art. 16 GDPR, you can request the immediate correction of incorrect or the completion of your personal data stored by us;

  • Pursuant to Art. 17 GDPR, you can demand the deletion of your personal data stored with us, unless processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;

  • Pursuant to Art. 18 GDPR, you may request the restriction of the processing of your personal data insofar as the accuracy of the data is disputed by you, the processing is unlawful but you object to its erasure and we no longer require the data, you require the data no longer required by us for the assertion, exercise or defence of legal claims or you have objected to the processing pursuant to Art. 21 GDPR but it is not yet clear whether our legitimate grounds for processing the data override your interest;

  • Pursuant to Art. 20 GDPR, you can request that the personal data you have provided to us be handed over to you in a structured, common and machine-readable format or transferred to another controller;

  • Pursuant to Art. 21 GDPR, you may object to the processing of your personal data, insofar as there are grounds for doing so which arise from your particular situation or the objection is directed against direct marketing and the legal basis for the processing of the personal data is legitimate interests pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR;

  • Pursuant to Art. 7 para. 3 GDPR you can revoke your once given consent to us at any time. As a consequence, we may not continue the data processing based on this consent in the future;

  • Pursuant to Art. 77 GDPR, you may lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement.

If you would like to assert the above data subject rights, you can contact us at any time in this regard using the contact details above.

 

5. Deletion and restriction of personal data

Unless otherwise provided for in this privacy statement for the individual case, personal data will be deleted if it is no longer required for the purposes for which it was collected or otherwise processed and for which there are no longer any legal retention obligations.
We delete the personal data we process on request under the conditions of Art. 17 GDPR. Personal data that is required for other and legally permissible purposes will not be deleted. The processing of this data is restricted in accordance with Art. 18 GDPR and the data is not processed for other purposes. This applies, for example, to personal data that must be retained by us for reasons of commercial or tax law. Thus, documents according to § 257 para. 1 no. 2 and 3 HGB [German Commercial Code] as well as § 147 para. 1 no. 2, 3, 5 AO are kept for 6 years, documents according to § 257 para. 1 no. 1 and 4 HGB as well as § 147 para. 1 no. 1, 4, 4a AO are kept for 10 years.

 

6. Cookies

Most browsers automatically accept cookies. If you do not wish to do this, however, you can configure your browser so that no cookies are stored on your device or a message always appears before a new cookie is created. You can object to the use of cookies for online marketing purposes for a variety of services e.g. also at http://www.youronlinechoices.com/ or via the deactivation page of the network advertising initiative http://optout.networkadvertising.org. If you deactivate cookies, you may not be able to use all the functions of our website.

We use cookies as part of our website. Cookies are small text files that your browser automatically creates and stores on your device (laptop, tablet, smartphone, PC, etc.) when you visit our site. Cookies do not cause any damage to your device, do not contain viruses or other malware. Information is stored in a cookie that is related to the specific device used. This does not mean, however, that we are immediately informed of your identity. Cookies are mainly used to make the website more user-friendly, effective and secure.

We use Cookiefirst as part of our website. The provider is Digital Data Solutions B.V., Plantage Middenlaan 42a, 1018DH Amsterdam, the Netherlands. E-mail: support@cookiefirst.com, registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 75762277.

With Cookiefirst we create a banner with an overview of the cookies we use for our website. A list of cookies is also provided at the end of this privacy policy. If it should be necessary, we also obtain your consent via Cookiefirst to set certain groups of cookies on your device. In the list of individual cookies, the name of the cookie, the purpose that the cookie is intended to fulfil, any access to the cookie by third parties and the duration of its function are indicated in each case, or the period after which a cookie is deleted. Session cookies are deleted after the end of your respective use of our website or after ending the browser session.

Cookiefirst collects the following information about your use of this website: Host name of the accessing computer (IP address), browser type/version, operating system/device used and date and time of consent or revocation of consent. After your IP address has been transmitted to Cookiefirst, it is anonymised at the earliest technically possible time by deleting the last 8 bits of an IPv4 address or the last 80 bits of an IPv6 address. At no time will your IP address be permanently stored by Cookiefirst. As a result, Cookiefirst should no longer be able to assign the processed data to you personally.

If you agree in the banner displayed by Cookiefirst on our website that additional cookies may be set on your device by our website in addition to the required cookies, Cookiefirst will generate and store an individual identifier. This individual identifier is assigned by Cookiefirst to each declaration of consent submitted via Cookiefirst on our website. Together with the enumeration of the declaration of consent, the individual identifier is stored in a cookie. The lifetime of the cookie is one year. From this cookie, our website can read out on subsequent visits which cookies we may set.

You can use the button with the fingerprint symbol in the bottom left corner of our homepage to see which types of cookies you have agreed to for our website. This information is read from the cookie stored in your browser by Cookiefirst. You can, of course, change or withdraw the consent you have given at any time.

By using this technique, we enable you to lawfully consent to or refuse the use of cookies for our website. It is not possible to use our website with its full range of functions without making this declaration. The legal basis for the processing of your personal data is our legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR to provide an efficient and attractive website as well as our legal obligation pursuant to Art. 6 para. 1 lit. c GDPR to inform you as a user of our website about the use of cookies and to obtain your consent if we use cookies that are not necessary for our website. We set cookies on your device if you have consented to this in accordance with Art. 6 para. 1 lit. a GDPR.

Cookiefirst uses Amazon, DigitalOcean and Cloudflare as service providers, which may also process data on servers in the USA.

Amazon has entered into standard contractual clauses to comply with EU requirements to legitimise the transfer of personal data to third countries outside the EU or EEA. Information on Amazon's use of standard contractual clauses can be found at https://d1.awsstatic.com/legal/aws-gdpr/AWS_GDPR_DPA.pdf

For more information on how Amazon handles your personal data, please see the related privacy information: https://aws.amazon.com/privacy/ und https://aws.amazon.com/de/compliance/gdpr-center/

Cloudflare uses standard contractual clauses to comply with EU requirements to legitimise the transfer of personal data to third countries outside the EU or EEA. Information on Cloudflare's use of standard contractual clauses can be found at www.cloudflare.com/de-de/gdpr/introduction/=https://www.cloudflare.com/

For more information on how Cloudflare handles your personal data, please see the related privacy notice: www.cloudflare.com/de-de/privacypolicy/

DigitalOcean uses standard contractual clauses to comply with EU requirements to legitimise the transfer of personal data to third countries outside the EU or EEA. Information on DigitalOcean's use of standard contractual clauses can be found at https://www.digitalocean.com/legal/data-processing-agreement/ and https://www.digitalocean.com/legal/privacy-policy/.

 

III. Individual processing operations


1. Hosting

When you access our website or the individual pages, information is automatically sent to the server of our website by the browser on your device. The following information is stored in log files:

  • IP address of the computer you are using

  • Date and time of access

  • Name and URL of the accessed file

  • Website from which you accessed our site (referrer URL)

  • Browser used and, if applicable, the operating system of your computer

  • Status codes and amount of data transferred

  • Type of device used

This data is processed for the following purposes:

  • Provision of the website including all functions and contents

  • To ensure a smooth connection is established with our website

  • To guarantee our website is easy and convenient to use

  • To ensure system security and stability

  • For anonymised statistical evaluation of accesses

  • For optimisation of the website

  • If necessary, for forwarding to authorities if an illegal intervention/attack on our systems has occurred

  • For the defence or prosecution of claims

  • For other administrative purposes

This data is anonymised after 14 months or deleted if it is no longer required for other purposes (e.g. defence or assertion of claims).

The legal basis for data processing is Art. 6 para. 1 clause 1 lit. f GDPR. Our legitimate interest follows from the purposes for data recording illustrated above.

In order to provide our website, we use the services of hosting companies, such as the provision of web servers, storage space, database services, security services and maintenance services. In doing so, we, or the hosting companies on our behalf, process personal data of users of our website on the basis of our legitimate interests in an efficient and secure provision of this website pursuant to Art. 6 para. 1 lit. f GDPR.

 

2. Contract data

In connection with and for the purpose of fulfilling pre-contractual measures and contractual obligations via our website, which are carried out at your request, we process the data required for the fulfilment of the contract. This includes:

  • Your personal data: 

    • Name, address, e-mail address, telephone number, as well as company affiliation, if applicable, and differing delivery or invoice addresses or recipients;

  • Contract data, such as the subject matter of the contract (in particular the order for the construction of a building), duration, customer category;

This data is required for the fulfilment of the contract concluded between you and us as well as for contacting you for information relevant to the offer and contract. The legal basis for this data processing is Art. 6 para. 1 clause 1 lit. b GDPR.

The data will only be passed on to third parties insofar as this is necessary for the fulfilment of pre-contractual measures and contractual obligations according to Art. 6 Para. 1 lit. b GDPR (e.g. to banks) or for the pursuit of any claims to which we are entitled or if there is a legal obligation to do so according to Art. 6 para. 1 lit. c GDPR.

Your data will be stored for as long as is necessary for the aforementioned purposes. If we have to store your personal data due to, in particular, legal obligations under tax and commercial law, the processing of your personal data will be restricted accordingly until the expiry of the retention periods. Thereafter, this data will be deleted.

We use CRM software to process and manage contract data.

For this purpose, we transfer your data to an external provider who operates this system on our behalf.

3. Applications

If you apply to us, you must provide your name and contact details and send your application documents so that we can check your application and contact you. If you do not provide this information, we will not be able to process your application.

Typically, the following data is processed in our application process:

  • Your application cover letter;

  • Your personal data: 

    • Name, title, address, email address, telephone number, mobile number, date of birth;

  • Your CV: 

    • Current job, previous jobs, employer, professional training, professional experience in years, previous further training, special skills;

  • Documents such as certificates from educational institutions and/or previous jobs, certificates of completed further education;

If you use our application form, you must provide your name, title, address and e-mail address, as well as your telephone number. If you do not provide this information, you will not be able to use our application form.

In addition, you can voluntarily provide further data:

  • Mobile number, date of birth, marital status;

  • Desired salary;

  • Date from which you are available for employment with us;

  • Documents, for instance: 

    • Application cover letter;

    • CV (current job, previous jobs, employer, professional training, professional experience in years, previous training, special skills);

    • Documents such as certificates from educational institutions and/or previous jobs;

    • Certificates of completed further training;

In the application procedure, your data will be processed in accordance with Art. 6 para. 1 p. 1 lit. a GDPR on the basis of the consent you have given. The purpose of the processing is to participate in an application procedure advertised by us or, in the case of a speculative application, to check whether we can offer you a job. Without this consent, you will not be able to participate in the application procedure.

All personal data collected in connection with the application process will also remain stored on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f GDPR so that we can assert any claims to which we may be entitled and defend ourselves against claims asserted against us. If you withdraw your application of your own accord, we will delete your application documents. Your name and contact details as well as the times at which you applied and/or withdrew from the application process and the corresponding correspondence will remain stored.

If this data is no longer required for other purposes (e.g. subsequent recruitment or litigation), the data will be deleted six months after the end of the application process.

 

IV. Communication


1. Contact form/other contact

If you use our contact form, you must provide your name and e-mail address as well as your question so that we can check your request and contact you. In addition, you can voluntarily provide your address, company affiliation and telephone number as well as other data. If you use other means of communication to make an enquiry to us, we also need your name and contact details where we can reach you (for example, email address, address, telephone number or fax number). If you do not provide this information, we will not be able to process your request.

Data processing for the purpose of contacting us and responding to your request is carried out in accordance with Art. 6 para. 1 p. 1 lit. a GDPR on the basis of your voluntarily given consent. Without this consent, we will not be able to contact you. All personal data collected in connection with contacting you will be deleted after your enquiry has been dealt with, unless storage is necessary for other reasons (e.g. subsequent conclusion of a contract).

 

2. Direct e-mail advertising to customers

If you are a customer of ours and we have received your e-mail address in connection with the use of our services, we may use your e-mail address for direct advertising of our own similar goods or services. This only applies if you have not objected and we clearly inform you of the possibility of objection when collecting the e-mail address and each time it is used. For direct advertising by e-mail, we process your e-mail address, your name, if you have used our offers as an employee of a company your company affiliation, the data we have collected about your use of our offers and the type of goods or services you have obtained from us in order to be able to tailor our offers to you individually. The legal basis for the processing is § 7 para. 3 UWG [Act against Unfair Competition] as well as our legitimate interest in direct marketing according to Art. 6 para. 1 lit. f GDPR.

In order to send our direct email advertising, we transmit your data to a service provider for processing on our behalf.

 

3. Newsletter

If you would like to receive our newsletter, the "Schwörer-News", we need your name and e-mail address. Your data will be processed in accordance with Art. 6 para. 1 S. 1 lit. a GDPR on the basis of the consent voluntarily given by you in the so-called double opt-in procedure. Your data will be used and stored for this purpose until you revoke your consent or unsubscribe from receiving the newsletter. It is possible to unsubscribe at any time, for example via a link at the end of each newsletter. Alternatively, you can also send your revocation/unsubscription request at any time to the e-mail address stated under point II.

We send our newsletters with a so-called tracking pixel. A tracking pixel is a miniature graphic that is embedded in the HTML format of the newsletter sent in order to enable an analysis of reader behaviour. Within this context, we store whether and at what time a newsletter was opened by you and which of the links contained in the newsletter were accessed by you. We use this data to create statistical evaluations of the success or failure of a marketing campaign in order to optimise the newsletter mailing and to better tailor the content of future newsletters to your interests. The collected data will not be passed on to third parties and will be deleted after the statistical evaluation.

In order to enable subscription and unsubscription to our newsletter and to send the newsletter as well as to evaluate the use of the sent newsletters, we transmit your data to a service provider for processing on our behalf.

This service provider is obliged to comply with the relevant data protection regulations.

 

V. Google services


The provider of the following Google services is Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter "Google").

The legal basis for the use of the following Google services are our legitimate interests according to Art. 6 para. 1 lit. f GDPR.

Google has joined the EU/US Privacy Shield agreement, has committed itself to complying with European data protection standards and thus fulfils the EU requirements for legitimising the transfer of personal data to the USA. You can find information on Google's voluntary commitment at

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active. 

Further information on how Google handles your personal data can be found in Google's privacy policy: https://policies.google.com/privacy?hl=de. Information on the use of data for advertising purposes by Google, setting and objection options can be found on these websites:

https://www.google.de/policies/privacy/partners/

https://www.google.de/policies/technologies/ads/

http://www.google.de/settings/ads

http://www.google.com/ads/preferences/

 

1. Google Analytics

This website uses Google Analytics from Google. Google Analytics uses cookies. Google collects data on the visits of users to our website and their usage behaviour. This data is used to ensure that the design and ongoing optimisation of our website are in line with requirements, to measure the success of marketing measures and to compile statistical evaluations. Pseudonymised usage profiles are created for this purpose. The information about your use of this website such as browser type/version, operating system used, referrer URL (the previously visited page), host name of the accessing computer (IP address), and time of the server request are transmitted to a Google server in the USA and stored there. The IP addresses are anonymised beforehand by deleting the last three digits so that an assignment is not possible. User and event data is deleted after 14 months. This information may also be transferred to third parties if this is required by law or if third parties process this data on behalf of us or Google. Under no circumstances will your IP address be merged with other data from Google.

You can prevent cookies from being stored by setting your browser or device accordingly. You may then not be able to use all the functions of our website to their full extent. You can also prevent the recording of data generated by the cookie and related to your use of the website by Google and the processing of this data by Google by downloading and installing the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de. You can prevent the recording of data by Google Analytics by clicking the following link:

Deactivate the recording of data by Google Analytics for this website

to set an opt-out cookie. This cookie ensures that in future no visitor data from your browser or device will be collected and stored by Google Analytics when you visit our website. Please note: If you delete your cookies, the opt-out cookie will also be deleted and you may have to set it again.
 

2. Google Maps

This website uses Google Maps from Google to display site plans, maps, terrain data or geographical maps. Google records your IP address, which of our web pages you have visited as well as search terms and location data. The information generated is stored on a server in the USA. This information may also be transferred to third parties if this is required by law or if third parties process this data on behalf of us or Google. If you use Google Maps, the additional terms of use for Google Maps apply, which you can access at www.google.com/intl/de_de/help/terms_maps.html.
 

3. reCAPTCHA

This website uses reCAPTCHA from Google. reCAPTCHA is used to ensure that the forms provided are used by a natural person and not abusively by machine or automated processes.

Google does not disclose exactly what personal and other data is used by reCAPTCHA. To our knowledge, reCAPTCHA collects the following data:

  • Information about your use of this website such as browser type/version, plug-ins used in your browser, operating system used;

  • Referrer URL (the previously visited page);

  • Host name of the accessing computer (IP address);

  • Time of the server request;

  • Your movements and the entries you make on our website using the keyboard, mouse or touch screens;

  • Whether you are logged in to Google with a Google account on your device;

  • Cookies set by Google on your device;

  •  If applicable, further data required by Google for reCAPTCHA.

Google uses this data to assess how high the risk is that the user concerned is not a human. If the risk is assessed as high, you must also solve a captcha. Based on this assessment, we automatically decide whether to allow you to make entries on our website.

The information generated by reCAPTACHA about your use of this website is stored on a server in the USA. This information may also be transferred to third parties if this is required by law or if third parties process this data on behalf of us or Google.

Our and your legitimate interest in the use of reCAPTCHA according to Art. 6 para. 1 lit. f GDPR is to protect our sites against misuse by machine or automated processes and to continue to provide the users of our websites with functions such as a contact form or other options for entering data without prior login and registration as a user.

 

4. YouTube

Our website uses media content from the YouTube platform. The provider is Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter "Google").

The purpose is to display content from the YouTube platform as part of our website. This service collects your IP address and possibly other data required by Google for YouTube. The information generated about your use of this website is stored on a server in the USA. This information may also be transferred to third parties if this is required by law or if third parties process this data on behalf of us or Google. If you are logged into YouTube at the same time, Google can directly assign your visit to the page of our website to your user account there. If you do not want Google to be able to associate the data collected on our website with your respective user account on YouTube, you must first log out of YouTube.


 
Information on online dispute resolution
The online dispute resolution platform provided by the EU (so-called ODR platform) is a one-stop shop for consumers and traders to settle disputes in connection with online sales contracts and online service contracts between a consumer residing in the EU and a trader established in the EU out of court. The ODR platform can be accessed at the following link:
 
http://ec.europa.eu/consumers/odr

 

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