Privacy policy

The controller within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the member states as well as other data protection regulations is

Effertz Tore GmbH

Am Gerstacker 190
41238 Mönchengladbach
Germany

Telephone: +49 2166 261-0
Fax: +49 2166 261-500
E-mail: info@effertz.de

The data protection officer of the controller is:

Mr. Dragan Stanković
ido stanković
Luetticher Str. 7
52064 Aachen
Germany

Telephone: +49 241 59 03 36 0
E-mail: datenschutz@effertz.de
Website: www.ido-stankovic.de

3.1 Extent of the processing of personal data

As a matter of principle, we only process personal data of our users insofar as this is necessary for the provision of a functional website as well as our contents and services. The processing of personal data of our users is regularly only carried out with the consent of the user. An exception applies in those cases in which obtaining prior consent is not possible for actual reasons and the processing of the data is permitted by legal regulations.

3.2 Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing operations involving personal data, art. 6 (1) a of the EU General Data Protection Regulation (GDPR) serves as the legal basis.

When processing personal data that is necessary for the performance of a contract to which the data subject is a party, art. 6 (1) (b) GDPR serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.

Insofar as the processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, art. 6 (1) c GDPR serves as the legal basis.

In the event that vital interests of the data subject or another natural person make processing of personal data necessary, art. 6 (1) (d) GDPR serves as the legal basis.

If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, art. 6 (1) f GDPR serves as the legal basis for the processing.

3.3 Data erasure and storage period

The personal data of the data subject shall be erased or blocked as soon as the purpose of the storage ceases to apply. Storage may also take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. The data will also be blocked or erased if a storage period prescribed by the aforementioned standards expires, unless there is a necessity for the continued storage of the data for the conclusion or fulfilment of a contract.

4.1 Description and extent of data processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.

The following data are collected:

  • Information about the type of browser and the version used.
  • The user’s operating system.
  • The user’s IP address in a shortened, anonymised form.
  • Date and time of access.
  • Websites accessed by the user’s system via our website.

The data relating to the date and time of access and websites accessed by the user’s system via our website are also stored in the log files of our system. No personal data are stored.

4.2 Legal basis for the data processing

The legal basis for the temporary storage of the data and the log files is art. 6 para. 1 lit. f GDPR.

4.3 Purpose of the data processing

The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

These purposes are also our legitimate interest in data processing according to art. 6 para. 1 lit. f GDPR.

4.4 Duration of the storage

The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

In the case of storage of data in log files, this is the case after 1 month at the latest. Storage beyond this period does not take place.

4.5 Possibility of objection and elimination

The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility for the user to object.

5.1 Description and extent of data processing

Our website contains a contact form that can be used for electronic contact. If a user makes use of this option, the data entered in the input mask is transmitted to us and stored. These data are:

  1. The IP address of the user.
  2. Date and time of registration.
  3. First and last name.
  4. Company.
  5. Address.
  6. E-mail address.
  7. Telephone number.
  8. The message.

For the processing of the data, your consent is obtained during the sending process and reference is made to this privacy policy.

Alternatively, it is possible to contact us via the e-mail address provided. In this case, the user’s personal data transmitted with the e-mail will be stored.

In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.

5.2 Legal basis for the data processing

The legal basis for the processing of data is art. 6 (1) lit. a GDPR if the user has given his or her consent.

The legal basis for the processing of data transmitted in the course of sending an e-mail is art. 6 para. 1 lit. f GDPR. If the e-mail contact is aimed at concluding a contract, the additional legal basis for the processing is art. 6 para. 1 lit. b GDPR.

5.3 Purpose of the data processing

The processing of the personal data from the input mask serves us solely to process the contact. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in processing the data.

The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

5.4 Duration of storage

The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when the circumstances indicate that the matter in question has been conclusively clarified.

The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

5.5 Possibilities of objection and elimination

The user has the option to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he or she can object to the storage of his or her personal data at any time. In such a case, the conversation cannot be continued.

All personal data stored in the course of contacting us will be erased in this case.

We use the open-source software tool Matomo (formerly PIWIK) on our website to analyse the surfing behaviour of our users. Individual pages of our website are called up, with which the following statistical data are stored:

(1) Two bytes of the IP address of the user’s calling system.

(2) The web page called up.

(3) The sub-pages accessed from the accessed web page.

(4) Timestamp of the page call.

The software runs exclusively on the servers of our website. Personal data of the users are not stored there. The data are not passed on to third parties.

6.1 Purpose of the data processing

The processing of statistical data enables us to analyse the frequency of visits and the preferred pages. This helps us to continuously improve our website and its user-friendliness. These purposes are also our legitimate interest in processing the data according to art. 6 para. 1 lit. f GDPR. By anonymising the IP address, the interest of users in the protection of their personal data is sufficiently taken into account.

6.2 Duration of the storage

The anonymised statistical data will be deleted as soon as they are no longer required for our recording purposes.

This takes place after 3 months.

6.3 IP anonymisation

We use IP anonymisation for the analysis with Matomo. In this case, your IP address is shortened before analysis so that it can no longer be clearly assigned to you.

6.4 Hosting

We host Matomo exclusively on our own servers, so that all analysis data remain with us and are not passed on.

7.1 Extent of the processing of personal data

We use Friendly Captcha (hereinafter “Friendly Captcha”) on this website. The provider is Friendly Captcha GmbH, Am Anger 3-5, 82237 Woerthsee, Germany.

Friendly Captcha is intended to check whether the data input on this website (e.g. in a contact form) is made by a human or by an automated programme. For this purpose, Friendly Captcha analyses the behaviour of the website visitor on the basis of various characteristics. For the analysis, Friendly Captcha evaluates various information (e.g. anonymised IP address, referrer, time of visit, etc.). You can find more information on this at:

https://friendlycaptcha.com/legal/privacy-end-users/.

7.2 Legal basis for the processing of personal data

The analysis of the data is based on art. 6 para. 1 lit. f GDPR.

7.3 Purpose of the data processing

The website operator (controller) has a legitimate interest in protecting its web offerings from abusive automated spying and from spam.

7.4 Storage

Friendly Captcha does not set cookies and the connection to the Friendly Captcha server is only used to operate the captcha, ensuring that no data tracking takes place.

The following list includes all rights of data subjects under the GDPR. Rights that are not relevant to your own website do not need to be mentioned. In this respect, the list can be shortened.

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights against the controller:

8.1 Right to information

You may request confirmation from the controller as to whether personal data concerning you is being processed by us.

If such processing is taking place, you may request the controller to provide you with the following information:

  • The purposes for which the personal data are processed;
  • the categories of personal data which are processed;
  • the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
  • the planned duration of the storage of the personal data relating to you or, if specific information on this is not possible, criteria for determining the storage period;
  • the existence of a right to obtain the rectification or erasure of personal data concerning you, a right to obtain the restriction of processing by the controller or a right to object to such processing;
  • the existence of a right of appeal to a supervisory authority;
  • any available information on the origin of the data, if the personal data are not collected from the data subject;
  • the existence of automated decision-making, including profiling, pursuant to article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information on whether personal data concerning you are transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate safeguards pursuant to article 46 of the GDPR in connection with the transfer.

In the case of data processing for scientific, historical or statistical research purposes:

This right of access may be limited to the extent that it is likely to make impossible or seriously compromise the achievement of the research or statistical purposes and the limitation is necessary for the fulfilment of the research or statistical purposes.

8.2 Right to rectification

You have a right to rectification and/or completion against the controller if the personal data processed concerning you are inaccurate or incomplete. The controller shall make the rectification without undue delay.

In the case of data processing for scientific, historical or statistical research purposes:

Your right to rectification may be limited to the extent that it is likely to make impossible or seriously prejudice the achievement of the research or statistical purposes and the limitation is necessary for the fulfilment of the research or statistical purposes.

8.3 Right to restrict processing

You may request the restriction of the processing of personal data concerning you under the following conditions:

  • if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
  • the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
  • but you need it for the assertion, exercise or defence of legal claims; or
  • if you have objected to the processing pursuant to art. 21 (1) GDPR and it has not yet been determined whether the legitimate grounds of the controller outweigh your grounds.

If the processing of personal data relating to you has been restricted, such data may – apart from being stored – only be processed with your consent or for the assertion, 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 a Member State.

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

In the case of data processing for scientific, historical or statistical research purposes:

Your right to restriction of processing may be limited to the extent that it is likely to make impossible or seriously impair the achievement of the research or statistical purposes and the restriction is necessary for the fulfilment of the research or statistical purposes.

8.4 Right to erasure

You may request the controller to erase the personal data concerning you without undue delay and the controller is obliged to erase such data without undue delay if one of the following reasons applies:

  • The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
  • You withdraw your consent on which the processing was based pursuant to art. 6 (1) (a) or Art. 9 (2) (a) GDPR and there is no other legal basis for the processing.
  • You object to the processing pursuant to article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to article 21(2) of the GDPR.
  • The personal data concerning you have been processed unlawfully.
  • The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
  • The personal data concerning you has been collected in relation to information society services offered pursuant to article 8(1) of the GDPR.

8.5 Information to third parties

If the controller has made the personal data concerning you public and is obliged to erase them pursuant to article 17(1) of the GDPR, it shall take reasonable steps, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to, or copies or replications of, that personal data.

8.6 Exceptions

The right to erasure does not exist insofar as the processing is necessary

  • for the exercise of the right to freedom of expression and information;
  • for compliance with a legal obligation which requires processing under 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 pursuant to art. 9(2)(h) and (i) and art. 9(3) GDPR;
  • for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to article 89(1) GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
  • for the assertion, exercise or defence of legal claims.

8.7 Right to information

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.

You have the right against the controller to be informed about these recipients.

8.8 Right to data portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance by the controller to whom the personal data was provided, provided that

  • the processing is based on consent pursuant to art. 6 (1) a GDPR or art. 9 (2) a GDPR or on a contract pursuant to art. 6 (1) b GDPR and
  • the processing is carried out with the help of automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. This must not affect the freedoms and rights of other persons.

The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

8.9 Right to object

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of article 6(1)(e) or (f) GDPR; this also applies to profiling based on these provisions.

The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.

If the personal data concerning you are processed for the purposes of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purposes of such marketing; this also applies to profiling insofar as it is related to such direct marketing.

If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.

In the case of data processing for scientific, historical or statistical research purposes:

You also have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for scientific or historical research purposes or for statistical purposes pursuant to article 89(1) of the GDPR.

Your right to object may be limited to the extent that it is likely to render impossible or seriously impede the achievement of the research or statistical purposes and the limitation is necessary for the fulfilment of the research or statistical purposes.

8.10 Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

8.11 Automated decision in individual cases including profiling

You have the right not to be subject 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 the conclusion or performance of a contract between you and the controller,
  • is permitted under Union or Member State legislation to which the controller is subject and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
  • is done with your explicit consent.

However, these decisions must not be based on special categories of personal data pursuant to art 9(1) of the GDPR, unless art 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

With regard to the cases mentioned in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, which include at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.

8.12 Right to complain to 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 residence, place of work or place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

The supervisory authority responsible for Effertz Tore GmbH (the controller) is:

Landesbeauftragte fuer Datenschutz und Informationsfreiheit Nordrhein-Westfalen
(State Commissioner for Data Protection and Freedom of Information of North Rhine-Westphalia)
PO Box 20 04 44
40102 Düsseldorf
Germany

E-mail: poststelle@ldi.nrw.de
Tel.: +49 211 38424-0
Fax: +49 211 38424-999

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under article 78 GDPR.