Data protection and handling of cookies ǀ bwz® Schwingungstechnik GmbH

1. Name and contact data of the responsible person

This data protection declaration informs on the processing of person-related data on the website of:

bwz Schwingungstechnik GmbH
Felix-Wankel-Strasse 31
DE 73760 Ostfildern/Nellingen
Germany
email: info@bwz-schwingungstechnik.
tel.: +49 711 / 340 179 0
fax: +49 711 / 340 179 79
person in charge: Philip Fingerle

2. Scope and purpose of the person-related data processing

2.1 Viewing of the website

While visiting the website www.bwz-schwingungstechnik.de, the browser used by the visitor of the website will automatically send data to the server of this website and save these data for a limited time in a protocol file (logfile). Up to the time of automatic deletion, the following data will be saved without further data entry by the visitor:

  • IP-adress of the device of the visitor
  • date and time of visit by the visitor
  • name and URL of the page opened by the visitor
  • website, from which the visiter has arrived on the company website (so-called refferer-URL)
  • browser and operating system of the device of the visitor and the name of the access provider used by the visitor

The processing of these person-related data is appropriate according to art. 6 para. 1 clause 1 letter f) GDPR. bwz Schwingungstechnik GmbH has a legitimate interest in data processing for the purpose of

  • establishing a quick connection to the website of the company
  • providing a user-friendly website
  • recognizing and ensuring the security and stabilty of the systems
  • facilitating and improving the administration of the website

The processing does explizitly not take place for the purpose of acquireing information about the person of the visitor of the website.

2.2 Disclosure of data

Person-related data will be disclosed to third parties, if

  • the concerned person has explicitly agreed to it according to art. 6 para. 1 clause 1 letter a) GDPR
  • the disclosure, according to art. 6 para. 1 clause 1 letter f) GDPR, is required for claiming, executing or defending legal rights, and if it cannot be assumed that the concerned person has a predominantly protection-worthy interest in the non-disclosure of his / her data
  • a legal obligation is in place for the data disclosure according to art. 6 para. 1 clause 1 letter c) GDPR, and/or
  • this is, according to art. 6 para. 1 clause 1 letter b) GDPR, required for the fulfillment of a contractual relationship with the concerned person

In other cases, person-related data will not be disclosed to third parties.

2.3 Cookies

The website uses so-called cookies. These are data packs, which are being exchanged between the company website and the browser of the visitor. They are being saved by the used devices ( pc, notebook, tablet, smartphone et.c ) respectively, while visiting the website. In this respect, cookies cannot afflict any damage on the devices used. They especially do not contain viruses or any other malware. In the cookies, information is stored which is consequential of the use of a specific user end device. Under no circumstances can the company thus directly acquire knowledge about the identity of the website visitor.

Cookies are, according to the browsers‘ default settings, mostly accepted. Browser settings can be set in such a fashion, that cookies are either not accepted on the devices used, or that each time prior to creation of a new cookie, a separate notification is issued. However, we need to point out that the deactivation of cookies may have the result, that not all functions of the website can be used at an optimum level. The application of cookies serves the purpose of using the company’s web offering in a more comfortable fashion. For example, from analyzing session cookies it can be determined, if the visitor has already visited particular pages of the website. After leaving the website, these session cookies are automatically deleted. In order to improve user friendliness, temporary cookies are applied. They are stored on the visitos’s end device for a temporary period of time. While visiting the website anew, it is automatically detected that the visitor had already opened the page at an earlier point in time, and which input and settings had been made, in order not having to repeat these. The application of cookies also serves the purpose of analyzing the website visits for statistical use and of improving the offer. These cookies, when visiting the website anew, allow for an automatic detection of the visitor’s previous opening of the website. For this, an automatic deletion of the cookies takes place after a set time period respectively. The data processed via cookies are, according to art. 6 para. 1 clause 1 letter f) GDPR, justified for the above mentioned purposes in order to maintain the legitimate interests of the company.

3. Data protection regulations on the application and use of google analytics ( with anonymisation function )

The person in charge for the data processing has integrated the component google analytics ( with anonymisation function ) on this website. Google analytics is a web analysis service. Web analysis is the survey, collection and evaluation of data on the behavior of visitors on websites. A web analysis service collects - inter alia - data on the internet website, from which a concerned person has landed on an internet website ( so-called referrer), data on which sub pages have been accessed, or data on how often and for which period of time a sub page has been viewed. Web analysis is used mainly for the optimisation of an internet website and for the cost-benefit analysis of internet advertising. Provider of the google analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

The person in charge for the data processing uses the add-on "_gat._anonymizeIp" for the web analysis. Vide this add-on, the IP-adress of the internet connection of the concerned person is shortened and anonymized, if the access to our websites takes place from within a member state of the European Community, or from within another signatory state of the agreement on the European Economic Area.

The purpose of the google analytics component is the analysis of the visitor flow on our internet website. Google uses the obtained data and information - inter alia - for evaluation on the usage of our internet website, for compiling online reports, which reflect on the activities on our internet websites, for us, and for providing further services related to the usage of our internet website.

Google analytics sets a cookie on the information technology system of the concerned person. The meaning of cookies has been explained above already. By setting the cookie, google is enabled to run an analysis on the usage of our internet website. By each access to one of the sub pages of this internet website, which is operated by the person in charge for the data processing and on which a google analytics component has been integrated, the internet browser on the information technology system of the concerned person is automatically prompted by the respective google analytics component to transfer data to google for the purpose of online analysis. Within the scope of this technical process, google obtains knowledge on person-related data such as the IP-adress of the concerned person, which serves google - inter alia - to comprehend the origin of  the visitors and clicks, and to enable commission settlements thereafter.

Via the cookie, person-related information, i.e. access time, location, from which the access originated, and the frequency of the visits of our internet website, is saved. For each visit on our internet websites, these person-related data, including the IP-adress of the internet connection used by the concerned person, are being transmitted to google in the United States of America. These person-related data are saved by google in the United States of America. Under certain circumstances, google will pass these person-related data, obtained via the technical process, on to third parties. The concerned person can, at any given time, prevent the setting of cookies by our internet website, as described earlier, by a respective setting of the internet browser used, and thus permanently objecting to the setting of cookies. Such a setting on the interner browser used, would also prevent google from setting a cookie on the information technology system of the concerned person. In addition, a cookie previously set by google analytics, can be deleted at any given time via the internet browser or via other software programmes.

Moreover, the concerned person has the option of contradicting the compiling of data created by google analytics (based on the usage of this internet website), as well as contradicting to the processing of these date by google, thus preventing the data processing. For this, the concerned person has to download a browser add-on via the link tools.google.com/dlpage/gaoptout and install the same. This browser add-on informs google analytics via javascript, that no data and information on visits of internet websites must be transmitted to google analytics. The browser add-on installation will be regarded by google as an objection. If, at a later point in time, the information technology system of the concerned person is deleted, formatted or installed anew, the concerned person has to execute a renewed installation of the browser add-on in order to deactivate google analytics. Provided that the browser add-on is being uninstalled or deactivated by the concerned person or another person, who can be ascribed to his / her sphere of influence, there is the possibility of new installation or the renewed activation of the browser add-on.

Further information and the prevailing data protection regulations can be viewed via
https://www.google.de/intl/de/policies/privacy/
and via
http://www.google.com/analytics/terms/de.html

Google analytics is explained in detail via
www.google.com/intl/de_de/analytics/

4. Your rights as concerned person

As far as Your person-related data are being processed due to the visit of our website, You as ‘concerned person‘ according to GDPR are entitled to the following rights:

4.1 Information

You can demand information from us, if person-related data of Yours are being processed by us. No right to information exists, if the disclosure of the requested information would violate the obligation of secrecy according to § 83 StBerG, or if the information, due to other reasons ( especially due to a predominant justified interest of a third party ) has to be kept secret. In deviation thereof may exist an obligation to provide the information, if, especially considering imminent losses, Your interest outweighs the interest of secrecy. The right to information is also excluded, where the data are saved solely because, due to meeting legal or statutory archiving periods, deletion is prohibited, or are saved solely for the purpose of data backup or data protection control, as far as the providing of the information would require a disproportionate effort, and the processing for other purposes by means of suitable technical and organisational measures is excluded. As far as in Your case the right to information is not excluded and Your person-related data are being processed by us, You can demand from us information on the following:

  • purposes of processing
  • categories of the person-related processed data about You
  • recipients or categories of recipients, to whom Your person-related data are revealed, especially with recipients in third-party countries
  • if possible, the planned duration for which Your person-related data are saved, or, if not possible, the criteria for defining the backup duration
  • the existence of the right to correction or deletion oder limitation of the processing of the person-related data concerning You, or the right of objection against this processing
  • the existence of the right to appeal with a data protection regulatory authority
  • as far as the person-related data have not been sourced from You as the concerned person, the available information on the origin of the data
  • where appropriate, the existence of an automated decision making, including profiling and conclusive information on the logics involved as well as the extent and desired results of the automated decision making
  • in the case of transmission to recipients in third-party countries, as far as no conclusive decision by the EU commission on the adequacy of the protection level according to art. 45 para. 3 GDPR is in place, information on which suitable guarantees according to art. 46 para. 2 GDPR are intended for the protection of person-related data

4.2 Correction and completion

Should You notice that we have incorrect person-related data of Yours, You can demand the immediate correction of these incorrect data from us. In the case of incomplete person-related data referring to You, You can demand the completion.

4.3 Deletion

You have the right for deletion (‘right for being forgotten‘), as far as the processing is not required for  executing the right of freedom of expression, the right to information or for meeting a legal obligation or attending to a duty of public interest, and one of the following reasons applies:

  • The person-related data are not required anymore for the purpose they have initially been processed for
  • The justification for the processing was solely based on Your consent, which You have revoked
  • You have entered objection against the processing of Your person-related data, which we have published
  • You have entered objection against the processing of person-related data which we have not published, and there are no overriding justified reasons for the processing
  • Your person-related data were processed unlawfully
  • The deletion of the person-related data is required for meeting a legal obligation, which we are subjected to

No right to deletion exists, if the deletion in the case of lawful non-automated data processing - due to the special means of backup - is either not possible, or only with inadequate effort, and Your interest in deletion is of minor nature. In this case the limitation of processing takes place of deletion.

4.4 Limitation of processing

You can demand the limitation of processing, if one of the following reasons applies:

  • You dispute the correctness of the person-related data. In that case the limitation can be demanded for the duration that enables us to check the correctness of the data.
  • The processing is unlawful, and You demand limitation of the usage of Your person-related data, instead of deletion
  • Your person-related data are no longer required by us for the purpose of processing, which however You require for assertion, execution or defending of legal claims
  • You have entered objection according to art. 21 para. 1 GDPR. The limitation of processing can be demanded as long as it is not determined, if our justified reasons outweigh Your reasons

Limitation of processing means, that the person-related data are processed only with Your prior consent, or for assertion, execution or defending of legal claims, or for the protection of rights of another natural or legal person, or due to reasons of important public interest. Prior to our cancelling of the limitation, we are obliged to inform You accordingly.

4.5 Data transferability

You have a right for data transferabilty, as far as the processing is based on Your consent (art. 6 para. 1 clause 1 letter. a) or art. 9 para. 2 letter a) GDPR), or on a contract, which You are a party of, and the processing takes place via automated processes. In this case, the right for data transferabilty includes the following rights, as far as the rights and liberties of other persons are not impaired thus: You can demand from us to receive the person-related data, which You have provided to us, in a structured, common and machine-readable format. You have the right to transfer these data to another responsible person without hindrance whatsoever from our side. As far as technically feasible, You can demand from us the transfer of Your person-related data directly to another responsible person.

4.6 Objection

As far as the processing is based on art. 6 para. 1 clause 1 letter e) GDPR (attending to a duty of public interest or in exection of public authority) or on art. 6 para. 1 clause 1 letter. f) GDPR (justified interest of the responsible person or a third person), You have the right, due to reasons deriving from Your special situation, to object at any given time against the processing of person-related data corncerning You. This as well applies for a profiling based on art. 6 para. 1 clause 1 letter e) or letter f) GDPR. After execution of the right to objection, we will not process Your person-related data anymore, unless we can present mandatory protection-worthy reasons for the processing, which outweigh Your interests, rights and liberties, or the processing serves the assertion, execution or vindication of legal rights. You can at any time object to the processing of person-related data concerning You for the purpose of direct advertising. This also applies for a profiling, which is related to such a direct advertising. After execution of this right to objection, we will not use the concerned person-related data for the purpose of direct advertising any more. You may declare Your objection vide an informal communication by either telephone, e.mail, telefax or postal mail, adressed to the mailing adress stated at the beginning of this data protection declaration.

4.7 Objection to consent

You have the right to revoke, with future effect, a given consent at any time. The objection can be declared vide an informal communication by either telephone, e.mail, telefax or to our postal adress. By the objection, the lawfulness of the data processing up to the receipt of the objection and based on the consent, is not affected. After receipt of the objection, the data processing, which was solely based on Your consent, will be ceased.

4.8 Appeal

Should You opine, that the processing of the person-related data concerning You is unlawful, You can appeal with a data protection regulatory authority competent for the place of Your abode or place of work or for the place of suspected infringement.

5. Status and updating of this data protection declaration

This data protection declaration has the status of 27-Mar-2020. We reserve to update the data protection declaration in due course, in order to facilitate the level of data protection and / or to adapt to altered handling by the authorities or altered jurisprudence.

Ostfildern, 27-Mar-2020

Contact

bwz Schwingungstechnik GmbH
Felix-Wankel-Strasse 31
D-73760 Ostfildern/Nellingen
Germany

tel:   +49 711 / 340 179 0
fax:   +49 711 / 340 179 79

e-mail: info@bwz-schwingungstechnik.de