I. Name and address of controller
The controller within the meaning of the General Data Protection Regulation and other data protection laws of the Member States and other provisions of data protection law is the following:
Stress & Strength GmbH
Bartningstraße 47
64289 Darmstadt
Germany
Telefon: +49 (0) 6151 96731-0
E-Mail:
info@s-and-s.de
Website:
www.wheelstrength.de
II. Name and address of the data protection officer
The data protection officer of the controller is the following:
Rita Besang
E-Mail:
besang@s-and-s.de
III. General regarding data processing
1. Scope of the processing of personal data
In principle, we process personal data of our users only to the extent that this is necessary to provide a functioning website and our content and services. The processing of personal data of our users takes place periodically, only with the consent of the users. An exception applies to cases in which it is not possible to obtain prior consent for reasons of fact, and the processing of data is permitted by statutory provisions.
2. 2. Legal basis for the processing of personal data
To the extent that we obtain the consent of the data subject for processing transactions of personal data, point (a) of Art. 6(1) of the EU General Data Protection Regulation serves as the legal basis.
Upon the processing of personal data that is necessary for the performance of a contract to which the data subject is party, point (b) of Art. 6(1) serves as the legal basis. This also applies to processing transactions that are necessary to carry out pre-contractual measures.
To the extent that any processing of personal data is necessary for compliance with a legal obligation to which our company is subject, point (c) of Art. 6(1) of the GDPR serves as a legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, point (d) of Art. 6(1) o f the GDPR serves as the legal basis.
If the processing is necessary for the protection of the legitimate interests of our company or a third party and such interests are not overridden by the interests, fundamental rights or fundamental freedoms of the data subject, point (f) of Art. 6(1) of the GDPR serves as the legal basis for the processing.
3. Erasure of data and duration of storage
The personal data of the data subject will be erased or blocked as soon as the purpose of the storage is no longer applicable. In addition, such storage may also take place if this is provided by the European or national legislator in Union regulations, laws or other rules to which the controller is subject. The blocking or erasure or data will also take place if a storage period prescribed by the standards mentioned expires, unless there is a necessity for further storage of the data for the conclusion or fulfillment of a contract.
IV. IV. Provision of the website and preparation of log files
1. Description and scope of data processing
A contact form that can be used for electronic contact is available on our website. If a user makes use of such an option, the data entered in the input mask will be transmitted to us and stored. Such data is comprised of the following:
V. Contact form and e-mail contact
1. Description and scope of data processing
A contact form that can be used for electronic contact is available on our website. If a user makes use of such an option, the data entered in the input mask will be transmitted to us and stored. Such data is comprised of the following:
E-mail address (mandatory information),
Name and message (voluntary information).
Alternatively, it is possible to establish contact via the provided e-mail address. In such a case, the user's personal data transmitted by e-mail will be stored.
In this connection, the following data is passed on to third parties:
Storage of data on an external CRM system to maintain contact with customers and prospective customers through us. The data is not actively processed by the third party vendor; it only provides the system for data processing.
The data is used exclusively for processing the conversation.
2. Legal basis for the data processing
The legal basis for the processing of the transmitted data is point (f) of Art. 6(1) of the GDPR. If the contact is targeted at the conclusion of a contract, the additional legal basis for the processing is point (b) of Art. 6(1) of the GDPR.
3. Purpose of data processing
The processing of the personal data from the input mask serves us only in processing the establishment of the contact. In the case of establishing contact via e-mail, this also includes the required legitimate interest in the processing of the data.
The other personal data processed during the dispatching process serves to prevent misuse of the contact form and to ensure the security of our information technology systems.
4. Duration of storage
The data will be erased as soon as it is no longer necessary for the purpose of its collection. For the personal data arising 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 has ended when it can be inferred from the circumstances that the relevant facts have been finally clarified.
The additional personal data collected during the dispatching process will be erased at the latest after a period of seven days.
5. Option for objection and removal
The user shall have an option at any time to revoke his or her consent to the processing of the personal data. If the user contacts us by our contact form or by e-mail, he or she may object to the storage of his or her personal data at any time. In such a case, the conversation cannot continue.
In such a case, all personal data stored in the course of establishing contact will be erased.
VI. Rights of data subjects
If personal data regarding you is processed, you are a data subject within the meaning of the GDPR and you shall be entitled to the following rights vis-à-vis the controller:
1. Right of access
You may obtain from the controller confirmation as to whether or not personal data concerning you is being processed by us.
If such processing is present, you may obtain from the controller access to the following information:
(1) the purposes for which personal data are being processed;
(2) the categories of personal data that are being processed;
(3) the recipients or categories of recipient to whom personal data concerning you have been or will be disclosed;
(4) the envisaged period for which personal data concerning you will be stored, or, if specific information regarding this is not possible the criteria used to determine such period of storage;
(5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right of objection against such processing;
(6) the existence of a right to lodge a complaint with a supervisory authority;
(7) where the personal data are not collected from the data subject, any available information as to their source;
(8) the existence of automated decision-making, including profiling, referred to in Art. 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
You shall be entitled to demand information regarding whether personal data concerning you will be transmitted to a third country or an international organization. In this connection, you can demand the sufficient guarantees in accordance with Art. 46 of the GDPR in connection with the transmission.
2. Right to rectification
You shall have a right to rectification and/or completion vis-à-vis the controller, to the extent that the processed personal data concerning you is incorrect or incomplete. The controller must undertake the rectification without delay.
3. Right to restriction of processing
You have the right to obtain the restriction of the processing of personal data concerning you under the following conditions:
(1) 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;
(2) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of the use of the personal data instead;
(3) the controller no longer needs the personal data for the purposes of the processing, but you require it for the establishment, exercise or defense of legal claims; or
(4) you have objected to processing pursuant to Art. 21(1) of the GDPR pending the verification whether or not the legitimate grounds of the controller override your grounds.
Where processing of personal data concerning you has been restricted, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
If the processing has been restricted according to the aforementioned conditions, you shall be informed by the controller before the restriction is lifted.
4. Right to erasure
a) Duty to erase
You may demand from the controller the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase such data without undue delay where one of the following grounds applies:
(1) The personal data concerning you is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
(2) You withdraw your consent on which the processing is based according to point (a) of Art. 6(1), or point (a) of Art. 9(2) of the GDPR, and where there is no other legal ground for the processing.
(3) You object to the processing pursuant to Art. 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21(2) of the GDPR.
(4) The data concerning you was unlawfully processed.
(5) The personal data concerning you has to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
(6) The personal data concerning you was collected in relation to the offer of information society services referred to in Art. 8(1) of the GDPR.
b) Information to third parties
Where the controller has made personal data concerning you public and is obliged pursuant to Art. 17(1) of the GDPR to erase such personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you, as data subject, have requested the erasure by such controllers of any links to, or copy or replication of, such personal data.
c) Exceptions
The right to erasure shall not exist to the extent that processing is necessary
(1) for exercising the right of freedom of expression and information;
(2) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the area of public health in accordance with points (h) and (i) of Art. 9(2) as well as Art. 9(3) of the GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89(1) of the GDPR in so far as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(5) for the establishment, exercise or defense of legal claims.
5. Right to information
If you have the right to rectification, erasure or restriction of processing vis-à-vis the controller, the controller shall be obliged to notify all recipients to whom personal data concerning you have been disclosed of such rectification or erasure of the data or restriction of the processing, unless this proves impossible or involves disproportionate effort.
You shall have a right vis-à-vis the controller to be informed regarding such recipients.
6. Right to data portability
You shall have the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format. You shall also have the right to transmit such data to another controller without hindrance from the controller to which the personal data has been provided, where
(1) the processing is based on consent pursuant to point (a) of Art. 6(1) of the GDPR or point (a) of Art. 9(2) of the GDPR or on a contract pursuant to point (b) of Art. 6(1) of the GDPR; and
(2) the processing is carried out by automated means.
In the exercise of such right, you shall have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. This may not affect freedoms and rights of other persons.
The right to data portability shall not apply to 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.
7. Right to object
You shall have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Art. 6(1) of the GDPR, including profiling based on those provisions.
The controller shall no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.
Where personal data are processed for direct marketing purposes, you shall have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
Where you object to processing for direct marketing purposes, the personal data concerning you shall no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you have the option of exercising your right to object by automated means using technical specifications.
8. Right to revoke your declaration of consent under privacy law
You shall have the right to revoke your declaration of consent under privacy law at any time. The revocation of consent shall not affect the lawfulness of the processing carried out on the basis of the consent up to the revocation.
9. Automated individual decision-making, including profiling
You shall 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 shall not apply if the decision
(1) is necessary for entering into, or performance of, a contract between you and a data controller,
(2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
(3) is based on your explicit consent.
However, such decisions shall not be based on special categories of personal data referred to in Art. 9(1) of the GDPR, unless point (a) or (g) of Art. 9(2) of the GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.
With respect to cases referred to in (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.
10. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall have the right to 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 consider that the processing of personal data relating to you infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 of the GDPR.