Data Protection Declaration

Data Protection Declaration

I. Name and Address of the Responsible Party

The responsible party in terms of the General Data Protection Regulation (GDPR) and other national data protection laws of the member states and other data protection regulations is:
Hemstedt GmbH, General Managers: Dieter Hemstedt, Andreas Hemstedt, Sabine Hemstedt, Schleicherweg 19, 74336 Brackenheim, phone: +49 (0)7135/9898-0, e-mail: office@hemstedt.de.

II. Contact Details of Data Protection Officer

You can contact our data protection officer at the e-mail address: K.Bluekle@hentschke-bluekle.de

III. General Information on Data Processing

1. Scope of Processing of Personal Data

As a matter of principle, we process personal data of our users only to the extent necessary to provide a functional website and 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 is made in cases where prior consent cannot be obtained for factual reasons and the processing of data is permitted by legal regulations.

2. Legal Basis for the Processing of Personal Data

Insofar as we obtain the consent of the data subject for the processing of personal data, art. 6 para. 1 lit. a, EU General Data Protection Regulation (GDPR) shall serve as the legal basis.
When processing personal data that are necessary for the performance of a contract to which the data subject is a party, article 6 (1) lit. b GDPR shall serve as the legal basis. This also applies to processing operations necessary for the performance of pre-contractual measures.
Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, art. 6 para. 1 lit. c GDPR shall serve as the legal basis.
In the event that vital interests of the data subject or another natural person make it necessary to process personal data, art. 6 para. 1 lit. d GDPR shall serve as the legal basis.
If the processing is necessary to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, article 6 (1) lit. f GDPR shall serve as the legal basis for the processing.

3. Data Erasure and Storage Duration

The personal data of the person concerned will be deleted or blocked as soon as the purpose of the storage is no longer applicable. Furthermore, data may be stored if this has been provided for by the European or national legislator in union regulations, laws or other regulations to which the responsible party is subject. Data are also blocked or deleted when a storage period prescribed by the aforementioned standards expires, unless there is a need to continue storing the data for the purpose of concluding or fulfilling a contract.

IV. Provision of the Website and Creation of Log Files

1. Description and Scope of Data Processing

Whenever you visit our website, our system automatically collects data and information from the computer system of the calling computer. The following data are collected:
(1) Information about the browser type and the version used
(2) The user's operating system
(3) The user's internet service provider
(4) The user's IP address
(5) Date and time of access
(6) Websites from which the user's system accesses our website
(7) Websites that are accessed by the user's system via our website

The data will also be stored in the log files of our system. Not affected by this are the IP addresses of the user or other data that allow the data to be assigned to a user. These data are not stored together with other personal user data.

2. Legal Basis for Data Processing

The legal basis for the temporary storage of data is art. 6 para. 1 lit. f GDPR (General Data Protection Regulation).

3. Purpose of Data Processing

The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session.

4. Duration of the Storage

The data will be deleted as soon as they are no longer necessary for the purpose of their collection. In the case of the collection of data for the provision of the website, this is the case when the respective session is ended.

5. Possibility of Opposition and Removal

The collection of data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website. There is therefore no possibility of objection on the part of the user.

V. Use of Cookies

a) Description and Scope of Data Processing

Our website uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user's computer system. If a user calls up a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.

We use cookies to make our website more user-friendly. Some elements of our website require the calling browser to be able to be identified even after a page change.

b) Legal Basis for Data Processing

The legal basis for the processing of personal data using cookies is art. 6 para. 1 lit. f GDPR.

c) Purpose of Data Processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page change.
The user data collected by technically necessary cookies are not used to create user profiles.
These purposes also include our legitimate interest in the processing of personal data in accordance with art. 6 para. 1 lit. f GDPR.

e) Duration of Storage, Possibility of Objection and Removal

Cookies are stored on the user's computer and transmitted by the user to our site. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies already stored can be deleted at any time. This can also be done automatically. If cookies for our website are deactivated, it is possible that not all functions of the website can be used to their full extent.

VI. Contact Form and E-Mail Contact

1. Description and Scope of Data Processing

There is a contact form on our website which can be used for electronic contact. If a user uses this, the data entered in the input mask will be transmitted to us and stored. These data are:

(1) Salutation

(2) First name

(3) Last name

(4) Company

(5) Street/ number

(6) Zip code/city

(7) Country

(8) Telephone

(9) Telefax

(10) E-mail

(11) Your message

At the time the message is sent, the following data are also stored:

(1) The user's IP address

(2) Date and time

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

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

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

2. Legal Basis for Data Processing

The legal basis for the processing of the data is art. 6 para. 1 lit. a GDPR if the user has given his 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 the conclusion of a contract, the additional legal basis for processing is art. 6 para. 1 lit. b GDPR.

3. Purpose of Data Processing

The processing of the personal data from the input mask serves us only for the processing of the establishment of contact. In the case of contacting us by e-mail, this is also the necessary legitimate interest in the processing of 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.

4. Duration of Storage

The data will be deleted as soon as they are no longer necessary for the purpose of their collection. 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 been terminated. The conversation is terminated when it can be concluded from the circumstances that the matter in question has been finally clarified.

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

5. Possibility of Opposition and Removal

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

All personal data stored in the course of the contact will be deleted in this case.

VII. Rights of the Data Subject

If personal data are processed by you, you are a data subject within the meaning of the GDPR and you are entitled to the following rights against the responsible party:

1. Right to Information

You may request confirmation from the responsible party as to whether personal data concerning you are being processed by us.

If such processing has occurred, you may request information from the responsible party about the following:

(1) the purposes for which the personal data are processed,

(2) the categories of personal data that are processed;

(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;

(4) the planned duration of storage of the personal data relating to you or, if it is not possible to give specific details, criteria for determining the duration of storage;

(5) the existence of a right of rectification or erasure of personal data concerning you, a right to have the processing limited by the responsible party or a right to object to such processing;

(6) the existence of a right of appeal to a supervisory authority;

(7) any available information as to the source of the data, where the personal data are not collected from the data subject;

(8) the existence of automated decision-making, including profiling, in accordance with art. 22 (1) and (4) GDPR and - at least in these cases - significant information on the logic involved and the scope and intended effects of such processing on the data subject.

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

2. Right of Rectification

You have the right to obtain rectification and/or integration of any personal data processed concerning you from the responsible party if they are incorrect or incomplete. The responsible party shall make the correction without delay.

3. The Right to Restrict Processing

Under the following conditions, you may request that the processing of personal data concerning you be restricted:

(1) if you dispute the accuracy of the personal data concerning you for a period which enables the responsible party to verify the accuracy of the personal data,

(2) if the processing is unlawful and you object to the deletion of the personal data and instead request the restriction of the use of the personal data;

(3) if the responsible party no longer needs the personal data for the purposes of the processing, but you need them in order to assert, exercise or defend legal claims; or

(4) if you have lodged an objection to the processing pursuant to art. 21 (1) GDPR and it is not yet clear whether the legitimate reasons of the responsible party outweigh your reasons.

Where the processing of personal data relating to you has been restricted, such data may be processed, with the exception of storage, only with your consent or for the purpose of pursuing, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the union or a member state.

If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the responsible party before the restriction is removed.

4. Right of Cancellation

a) Duty to Delete

You may request the responsible party to delete personal data concerning you without delay and the responsible party is obliged to delete such data without delay if one of the following reasons applies:

(1) the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed

(2) you revoke your consent on which the processing was based pursuant to art. 6 para. 1 lit. a or art. 9 para. 2 lit. a GDPR and there is no other legal basis for the processing.

(3) you lodge an objection to the processing pursuant to art. 21 (1) GDPR and there are no overriding legitimate reasons for the processing, or you lodge an objection to the processing pursuant to art. 21 (2) GDPR.

(4) The personal data concerning you have been processed unlawfully.

(5) The deletion of personal data concerning you is necessary to comply with a legal obligation under union law or the law of the member states to which the responsible party is subject.

(6) The personal data concerning you have been collected in relation to information society services offered, in accordance with article 8 (1) GDPR.

b) Information to Third Parties

If the responsible party has made public the personal data concerning you and is obliged to delete them in accordance with art. 17 para. 1 GDPR, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform responsible party who is processing the personal data that you, as a data subject, have requested them to delete all links to these personal data or copies or replications of these personal data.

c) Exceptions

The right of cancellation does not exist insofar as the processing is necessary.

(1) on the exercise of the right to freedom of expression and information;

(2) to comply with a legal obligation requiring processing under union or national law to which the responsible party is subject or to perform a task carried out in the public interest or in the exercise of official authority vested in the responsible party;

(3) for reasons of public interest in the field of public health pursuant to art. 9 para. 2 lit. h and i and art. 9 para. 3 GDPR;

(4) for archival, scientific or historical research purposes in the public interest or for statistical purposes pursuant to art. 89 para. 1 GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or

(5) to assert, exercise or defend legal claims.

5. Right to Information

If you have exercised the right to rectify, erase or limit the processing, the responsible party shall be obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed of these recipients by the responsible party.

6. Right to Data Transferability

You have the right to receive the personal data concerning you that you have provided to the responsible party in a structured, common and machine-readable format. You also have the right to have these data communicated to another responsible party without interference from the responsible party to whom the personal data have been made available, provided that

(1) the processing is based on a consent pursuant to art. 6 para. 1 lit. a GDPR or art. 9 para. 2 lit. a GDPR or on a contract pursuant to art. 6 para. 1 lit. b GDPR and

(2) the processing is carried out by means of automated procedures.

In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one responsible party to another responsible party, in so far as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data transferability 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 responsible party.

7. Right of Objection

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

The responsible party will no longer process the personal data concerning you, unless they can demonstrate compelling reasons for processing which are worthy of protection and which outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.

Where personal data relating to you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data relating to you for the purpose of such marketing, including profiling, insofar as it relates to such direct marketing.

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

You have the possibility to exercise your right of objection in relation to the use of information society services, without prejudice to directive 2002/58/EC, by means of automated procedures using technical specifications.

8. Right to Revoke the Declaration of Consent under Data Protection Law

You have the right to revoke your data protection declaration of consent at any time. Revocation of your consent will not affect the legality of the processing that has taken place on the basis of your consent until revocation.

9. Automated Case-By-Case Decision Making including Profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which has legal effect on you or which significantly affects you in a similar way. This shall not apply if the decision

(1) is necessary for the conclusion or performance of a contract between you and the responsible party,

(2) is authorised by union or national legislation to which the responsible party is subject and that legislation provides for appropriate measures to safeguard your rights and freedoms and your legitimate interests; or

(3) with your express consent.

However, these decisions may not be based on special categories of personal data in accordance with art. 9 para. 1 GDPR, unless art. 9 para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), the responsible party shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, which shall include at least the right to obtain the intervention of a person from the responsible party, to express his or her point of view and to contest the decision.

10. Right of Appeal 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 in which you are domiciled, your place of work or the place where the alleged infringement occurred, if you consider that the processing of personal data relating to you is in breach of the GDPR.

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 art. 78 GDPR.

Hemstedt GmbH

Heizleitungen & Kühlhaustechnik
(Heating systems and cold storage technology)

Schleicherweg 19
D-74336 Brackenheim, Germany

Phone: +49 (0) 7135 / 9898-0
Fax: +49 (0) 7135 / 2197
E-mail: office@hemstedt.de