Name and address of the controller pursuant to Article 4 (7) GDPR
Company: enders GmbH
Address: Sonnenstraße 39, 84030 Ergolding
Phone: +49 871 95361 0
Telefax: +49 871 95361 199
Security and protection of your personal data
We consider the safeguarding of the personal data you have provided to us to ensure their confidentiality and their protection from unauthorised access to be our top priority. In consequence, we take the greatest care and use state-of-the-art security standards to obtain maximum protection for your personal data.
As we are a company organised under private law, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the regulations of the German Federal Data Protection Act (BDSG). We have implemented technical and organisational measures that ensure our compliance as well as the compliance of our external service providers with data protection regulations.
Definition of terms
The law requires the processing of personal data to be lawful, in good faith and in a manner that is understandable for the data subject (“lawfulness, processing in good faith, transparency”). To ensure that this is the case, we provide below information about the specific legal terminology that is also used in this privacy statement:
- Personal data
“Personal data” means any and all information relating to an identified or identifiable natural person (hereinafter: “data subject”); 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” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- Restriction of processing
“Restriction of processing” means the marking of stored personal data with the aim of limiting their processing in the future.
“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
“Pseudonymisation” means 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 are not attributed to an identified or identifiable natural person.
- Filing system
“Filing system” means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.
“Controller” means 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 European Union or member state law, the controller or the specific criteria for its nomination may be provided for by European Union or member state law.
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
“Recipient” means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of particular inquiry in accordance with European Union or member state law are not regarded as recipients; the processing of those data by those public authorities is in compliance with the applicable data protection rules according to the purposes of the processing.
- Third party
“Third party” means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
“Consent” of the data subject 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.
Lawfulness of processing
The processing of personal data is lawful solely if there are legal grounds for the processing. Pursuant to points (a) to (f) of Article 6 (1) GDPR, legal grounds for the processing may be in particular:
- The data subject has given consent to the processing of his or her personal data for one or more specific purposes;
- Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
- Processing is necessary for compliance with a legal obligation to which the controller is subject;
- The processing of personal data is necessary to protect the vital interests of the data subject or another natural person;
- Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by theinterests or fundamental rights and freedoms of the data subject that require protection of personal data, in particular where the data subject is a child.
Information regarding the collection of personal data
(1) The following information describes our collection of your personal data when you visit our website. Personal data include such items as. B. name, address, email address, user behaviour.
(2) If you contact us by email or by using a contact form we store the data you have provided (your email address, possibly your name and telephone number) so that we can answer your questions. We erase any data acquired at this time when the storage is no longer required or restrict processing of the data if erasure is prohibited by statutory retention obligations.
Collection of personal data during visit to our website
If you use the website solely to obtain information, i.e. you do not register or send any information for other reasons, we collect solely the personal data that your browser transmits to our server. If you want to view our website, we collect the following data; this is technically necessary for us so that we can display our website to you and guarantee its stability and security (legal ground is point (f) of Art. 6 (1), first sentence GDPR):
- IP address
- Date and time of the query
- Time zone difference to Greenwich Mean Time (GMT)
- Content of the access (exact page)
- Access status/HTTP status code
- Transmitted data quantity for each visit
- Website from which access is referred
- Operating system and its user interface
- Language and release of browser software.
(1) In addition to the data mentioned above, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive and associated with the browser you are using; they send certain information to the operator setting the cookie. Cookies cannot execute any programs or transfer viruses to your computer. They are used to make the internet site more user-friendly and effective overall.
(2) (2) This website uses the following types of cookies; their scope and functionality are explained below:
- Transient cookies (see 1.)
- Persistent cookies (see 2.).
- Transient cookies are automatically erased when you close your browser. They include in particular the session cookies. These cookies store a so-called session ID that is used to attribute various queries from your browser to the joint session. Your computer can be recognised when you return to a website. The session cookies are erased when you log out or close the browser.
- Persistent cookies are erased automatically after a set period of time that can differ from one cookie to the next. You can erase cookies at any time by using the security settings of your browser.
- You can configure your browser settings according to your preferences and,
z. B. for instance, block the acceptance of third-party cookies or of all cookies. So-called “third-party cookies” are cookies that are placed by third parties, meaning that they are not placed by the website that you are currently viewing. We want to point out that blocking cookies may prevent you from using all the functionalities of this website.
- The Flash cookies that are used are recorded by your Flash plugin, not by your browser. In addition, we use HTML5 storage objects that are placed on your device. These objects store the required data independently of the browser you use and do not have an automatic expiration date. If you do not want to allow the processing of Flash cookies, you must install a suitable add-on (e.g. “Better Privacy” for Mozilla Firefox (https://addons.mozilla.org/de/firefox/addon/betterprivacy/) or the Adobe Flash killer cookie for Google Chrome. You can prevent the use of HTML5 storage objects by utilising your browser in private browsing mode. In addition, we recommend that you regularly delete your cookies and browser history manually.
Additional functions and services of our website
(1) We offer various services in addition to the information-only use of our website that you can use if you are interested. As a rule, you must provide additional personal data in this case so that we can perform the requested service; the aforementioned principles for data processing apply here as well.
(2) We engage at times external service providers to process your data. We carefully select and engage these providers; they are required to follow our instructions and are regularly audited.
(3) Furthermore, we may transfer your personal data to third parties if and when we offer participation in campaigns, contests, the conclusion of contracts or similar services in collaboration with partners. You will be given more detailed information when you enter personal data or will find it in the description of the offer below.
(4) If and when our service provider or partner’s business is located in a country outside of the European Economic Area (EEA), we will notify you of the consequences of this fact in the description of the offer.
Our services are oriented to adults. Persons under the age of 18 should not transmit any personal data to us without the consent of their parents or legal guardians.
Rights of the data subject
(1) Withdrawal of consent
To the extent that the processing of personal data is based on consent that has been given, you have the right to withdraw this consent at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
You can contact us at any time to exercise your right to withdraw your consent.
(2) Right of confirmation
You have the right to obtain from the controller confirmation as to whether or not we are processing personal data concerning you. You may request this confirmation at any time by using the contact data shown above.
(3) Right of access
If personal data are being processed, you may obtain information about these personal data and the following information at any time:
- The purposes of the processing;
- The categories of personal data concerned;
- The recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- Where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- The existence of the right to request rectification or erasure of the personal data concerning you or restriction of processing by the controller or to object to such processing;
- The right to lodge a complaint with a supervisory authority;
- Where personal data have not been obtained from the data subject, all available information concerning the origin of the data;
- The existence of automated decision-making, including profiling, referred to in Article 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.
If personal data are transferred to a third country or to an international organisation, you have the right to be informed about the appropriate safeguards relating to the transmission pursuant to Article 46 GDPR. We make available a copy of the personal data that are the object of the processing. We may charge a reasonable fee based on the administrative costs for all additional copies you as the data subject request. If you submit the request electronically, the information will be made available in a commonly used electronic format unless you request otherwise. The right to obtain a copy pursuant to Subsection 3 must not impair the rights and freedoms of other persons.
(4) Right to rectification
You have the right to obtain from us the rectification of inaccurate personal data concerning you without undue delay. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement
(5) Right to erasure (“right to be forgotten”)
You have the right to obtain from the controller the erasure of personal data concerning you without undue delay, and we have the obligation to erase these data without undue delay where one of the following grounds applies:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- You withdraw your consent on which the processing is based according to point (a) of Article 6 (1) GDPR or point (a) of Article 9 (2) GDPR and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21 (1) GDPR and there are no overriding legitimate grounds for the processing or the data subject objects to the processing pursuant to Article 21 (2) GDPR.
- The personal data have been unlawfully processed.
- The personal data have to be erased for compliance with a legal obligation pursuant to European Union or member state law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8 (1) GDPR.
Where the controller has made the personal data public and is obliged pursuant to Subsection 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers that are processing the personal data that a data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
The right to erasure does not apply to the extent that processing is necessary:
- For exercising the right of freedom of expression and information;
- For compliance with a legal obligation which requires processing pursuant to European 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 in accordance with points (h) and (i) of Article 9 (2) as well as Article 9 (3) GDPR;
- For archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89 (1) GDPR in so far as the right referred to in Subsection 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
- for the establishment, exercise, or defence of legal claims.
(6) Right to restriction of processing
You have the right to obtain from us restriction of processing of your personal data where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
- The processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
- The controller no longer needs the personal data for the purposes of the processing, but the data subject requires them for the establishment, exercise or defence of legal claims;or
- The data subject has objected to processing pursuant to Article 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted on the basis of the above grounds, such personal data will, with the exception of storage, only be processed with the data subject’s consent or for the establishment, 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 European Union or of a member state.
The data subject may use the contact information shown above to contact us at any time for the purpose of restricting processing.
(7) Right to data portability
You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format, and you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
- The processing is based on consent pursuant to point (a) of Article 6 (1) or point (a) of Article 9 (2) or on a contract pursuant to point (b) of Article 6 (1) GDPR; and
- The processing is carried out by automated means.
In exercising this right to data portability pursuant to Subsection 1, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The exercise of this right to data portability is without prejudice to the right to erasure (“right to be forgotten”). This right does not apply to processing 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) Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you that is based on point (e) or (f) of Article 6 (1) GDPR, including profiling based on those provisions. The controller will no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the data subject’s interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
Where personal data are processed for direct marketing purposes, you 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 will no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
Where personal data concerning you are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89 (1), you, on grounds relating to your particular situation, also have the right to object to processing concerning you of personal data concerning you, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
You may exercise the right to object at any time by contacting the pertinent controller.
(9) Automated individual decision-making, 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. The above provision does not apply if the decision:
- Is necessary for entering into, or performance of, a contract between the data subject and the controller;
- Is authorized by European Union or member state law to which the controller is subject and which also lays down suitable measures to safeguard the rights and freedoms and legitimate interests of the data subject; or
- Is based on the data subject’s explicit consent.
The data controller implements suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
The data subject may exercise this right at any time by contacting the pertinent controller.
(10) Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you also 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 this Regulation.
(11) Right to effective judicial remedy
Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR, you have the right to an effective judicial remedy where you consider that your rights under this Regulation have been infringed as a result of the processing of your personal data in non-compliance with this Regulation.