1. GENERAL INFORMATION

ELKA-Torantriebe GmbH u. Co. Betriebs KG, Dithmarscher Str. 9, 25832 Tönning is the controller within the meaning of the European General Data Protection Regulation (GDPR) for data processing on this website. We respect your personal rights. We recognise the importance of the personal data that we receive from you as a user of our website. We respect the protection of your personal data and will collect, store or process all data obtained exclusively in accordance with the relevant data protection regulations within the scope of our business purpose.

 
2. DEFINITIONS

Personal data means any information relating to an identified or identifiable natural person. 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.

 
3. LEGAL BASIS OF PROCESSING

Insofar as we obtain your consent for the processing of personal data, Art. 6 para. 1 sentence 1 lit. a of the European General Data Protection Regulation (GDPR) serves as the legal basis.

The processing of personal data required for the fulfilment of a contract with you is based on Art. 6 para. 1 sentence 1 lit. b GDPR. This also applies to processing operations that are necessary for the implementation of pre-contractual measures.

Insofar as the processing of personal data is necessary to fulfil a legal obligation to which we are subject, this is done within the framework of Art. 6 para. 1 sentence 1 lit. c GDPR.

If the processing is necessary to safeguard a legitimate interest of us or a third party and if your interests, fundamental rights and freedoms do not outweigh the legitimate interest, Art. 6 para. 1 sentence 1 lit. f GDPR serves as the legal basis for the processing. If information is stored on your end device, e.g. by means of cookies (see also sections 5.2 and 5.6 in particular), the permissibility of data use is additionally governed by Section 25 (1) TTDSG (consent) or, in the case of mandatory storage processes, by Section 25 (2) No. 1 (communication process) or No. 2 (provision of a telemedia service) TTDSG. Unless otherwise stated, the legitimate interest of our company lies in the ongoing optimisation of our services and presentations in order to continuously develop our services with due consideration of your interests.

 
4. ERASURE OF DATA AND LENGTH OF TIME STORED
Your personal data will be deleted or blocked as soon as the legitimate purpose of storage no longer applies. Data may also be stored if this has been provided for. The data will also be blocked or erased if a prescribed storage period expires, unless there is a need for further storage of the data for other legal reasons, e.g. due to legitimate interests. Other legal grounds, which we must prove, e.g. due to legitimate interests in the defence of legal claims.
 
5. COLLECTION OF PERSONAL DATA
When you visit our website, we only process personal data if this is necessary to provide a functional website and our content and services or if consent has been given. This does not apply if the processing of data is required by law. 
In the following, we would like to inform you about the type, scope and purpose of our data processing on this website:
 
5.1 HOSTING OF THE WEBSEITE

The website is hosted by the company netzmal GmbH (https://www.netzmal.de). The hoster receives the above-mentioned data as a processor on the basis of an agreement in accordance with the requirements of Art. 28 GDPR.

5.2 SERVER LOG FILES
Each time our website is accessed, the user's access data required to enable use is stored in a log file, which your browser automatically transmits to us.
 

These are

- Browser type/browser version
- Operating system used
- Host name of the accessing computer
- Date and time of the server request
- IP address of the computer requesting the website
- Website from which the access was made (referrer URL)
- Files accessed
- Amount of data transferred

The log file is stored for the following purposes:

- Evaluation of file retrieval for statistical purposes
- System security and stability of the website
- Checking for use in breach of contract or otherwise unlawful use, if there are actual indications of this.

The legal basis for this data processing is Art. 6 para. 1 sentence 1 lit. f GDPR. Our legitimate interest follows from the above-mentioned purposes for data collection. Under no circumstances do we use the data collected for the purpose of drawing conclusions about your person. We do not merge this data with other data sources. This data is automatically deleted within one month, unless there are special indications for longer storage in individual cases.

 5.2 NECESSARY COOKIES
When our website is accessed, so-called ‘cookies’ are stored on the user's computer. Cookies are small text files that are stored in a dedicated file directory on the computer. This file is used to identify the user's computer for the duration of the session. These cookies cannot be manipulated on the user's end device and can be deleted manually at any time - most easily in the browser.

You can customise the handling of cookies in your Internet browser so that cookies are rejected or only accepted after confirmation. Cookies, in this case so-called ‘session cookies’, serve the purpose of extending the functionality of our website and making it as convenient as possible for you to use. Please note that if you reject cookies, not all components of our application may function properly.

 

The processing of the data by cookies is necessary for the purposes mentioned for the provision of our service (offer of the website) in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR, § 25 para. 2 TDDDG.

 
5.4 DATA DISCLOSED WHEN YOU CONTACT US
If you send us enquiries via the contact form, your details from the form or via the e-mail address provided for contacting us, including the contact details you provide there, will be stored by us solely for the purpose of processing the respective enquiry and in the event of follow-up questions.
contact details you provide there, will be stored by us solely for the purpose of processing the respective enquiry and in the event of follow-up questions. We will not pass this data on to third parties without your
to third parties. The corresponding data is used on the basis of Art. 6 para. 1 sentence 1 lit. b GDPR.
 
5.5 Webshop
If you wish to place an order in our webshop, it is necessary for the conclusion of the contract that you provide personal data that we require for the processing of your order. Mandatory information required for the processing of contracts is marked separately, other information is voluntary. We process the data you provide to fulfil your order. The legal basis for this is Art. 6 para. 1 sentence 1 lit. b GDPR.
 

We may also process the data you provide in order to inform you about other interesting products from our portfolio or to send you e-mails with technical information.

 

Due to commercial and tax law requirements, we are obliged to store your address, payment and order data for a period of ten years. However, we restrict processing after two years, i.e. your data will only be used to fulfil legal obligations.

 

To prevent unauthorised access by third parties to your personal data, in particular financial data, the order process is encrypted using TLS technology.

 

We also transmit your address data to the shipping service providers we use for the purpose of processing your order. The legal basis for this is Art. 6 para. 1 sentence 1 lit. b GDPR, as shipping is not possible without the use of a shipping service provider. Furthermore, we may also transmit your email address to the shipping service provider for the purpose of informing you about the shipping status. In this respect, the shipping service provider is obliged to use the e-mail address exclusively for the purpose of notifying you. The legal basis for this is our legitimate interest in ensuring that you receive your shipment as easily as possible and receive the best possible service from us, Art. 6 para. 1 sentence 1 lit. f GDPR.

5.6 THIRD-PARTY SERVICES
The use of third-party services, in particular tracking tools and the cookies set in this context, is carried out - unless expressly stated otherwise in the description of the service - on the basis of Art. 6 para. 1 sentence 1 lit. a GDPR / § 25 para. 1 TDDDG by your consent, which can be revoked at any time. In this way, we want to ensure a needs-based design and the ongoing optimisation of our website (through statistical evaluations, the improvement of the retrievability and presentation of content and the integration of requested services).
 

USE OF ETRACKER

This website uses technology from etracker GmbH (http://www.etracker.com) to collect and store data for marketing and optimisation purposes. This data can be used to create user profiles under a pseudonym. Cookies can be used for this purpose. Cookies are small text files that are stored locally in the cache of the website visitor's Internet browser. Cookies make it possible to recognise the Internet browser. The data collected using eTracker technologies will not be used to personally identify the visitor to this website and will not be merged with personal data about the bearer of the pseudonym without the separately granted consent of the person concerned. The collection and storage of data can be cancelled at any time with effect for the future.

We use eTracker to analyse and regularly improve the use of our website. We can use the statistics obtained to improve our offering and make it more interesting for you as a user. The data collected is stored permanently and analysed pseudonymously.

Further information from the third-party provider: etracker GmbH, Erste Brunnenstraße 1, 20459 Hamburg, Germany; https://www.etracker.com/de/datenschutz.html.

6. NEWSLETTER
This website uses Rapidmail to send newsletters. The provider is rapidmail GmbH, Augustinerplatz 2, 79098 Freiburg i.Br., Germany. Rapidmail is a service with which the sending of newsletters can be organised and analysed. The data you enter for the purpose of newsletter subscription will be stored on Rapidmail's servers in Germany. If you do not want an analysis by Rapidmail, you must unsubscribe from the newsletter. For this purpose, we provide an appropriate link in every newsletter message. You can also unsubscribe from the newsletter directly on the website. Data analysis by Rapidmail: For analysis purposes, e-mails sent with Rapidmail contain a so-called "tracking pixel" that connects to Rapidmail's servers when the e-mail is opened. In this way it can be determined if a newsletter message has been opened. Furthermore we can determine with the help of Rapidmail whether and which links are clicked in the newsletter message. All links in the e-mail are so-called tracking links with which your clicks can be counted.
 
For more information on Rapidmail's analysis functions, please follow this link: https://de.rapidmail.wiki/kategorien/statistiken/. Legal basis: The data is processed exclusively on the basis of your consent (Article 6(1)(1)(a) GDPR. You can withdraw this consent at any time. The lawfulness of the processing that has already taken place will not be affected by the withdrawal. Retention period: The data disclosed to us for the purpose of newsletter subscription will be stored by us until you unsubscribe from the newsletter. The data disclosed to us will be deleted from our servers as well as from the Rapidmail servers after you unsubscribe from the newsletter. Data stored by us for other purposes (e.g. e-mail addresses for the member area) remain unaffected by this. For more information, please refer to Rapidmail's data security information at: https://www.rapidmail.de/datensicherheit. Conclusion of a contract data processing agreement: In an agreement concluded with Rapidmail, we have placed Rapidmail under obligation to protect our customers' data and not to disclose it to third parties. This agreement can be viewed at the following link: https://de.rapidmail.wiki/files/adv/muster-auftragsdatenverarbeitung.pdf 
 
In order to add you to our e-mail distribution list, we need your confirmation or consent that you are the owner of the e-mail address stated and that you consent to receiving the messages. 
 
For the registration for our newsletter we use the double-opt-in process. This means that after you have registered, we will send you an e-mail to the e-mail address specified in which we will ask you to confirm that you would like to be sent the newsletter. If you do not confirm your registration within 7 days, your information will be deleted. The data collected will be used exclusively to inform you about events and presentations and to document your consent. We also store your IP addresses used and the times of registration and confirmation. The purpose of the process is to verify your registration and to clear up any possible misuse of your personal data. 
 
It is not disclosed to third parties. 
 
This consent is given voluntarily. The legal basis for your consent is provided by Article 6(1)(1)(a) GDPR.
 
Your consent to the sending of the newsletter can be withdrawn at any time with effect for the future. Your aforementioned data will then be deleted without delay and you will receive no further messages.

7. YOUR RIGHTS
If we process your personal data on our website, you are a ‘data subject’ within the meaning of the GDPR. You have the following rights vis-à-vis us:

7.1 RIGHT TO INFORMATION

You can request confirmation from us as to whether we are processing your personal data. If such processing is taking place, you can request the following information from us:

- the purposes for which the personal data is processed

- the categories of personal data being processed

- the recipients or categories of recipients to whom your personal data have been or will be disclosed

- the planned duration of the storage of your personal data or, if specific information on this is not possible, criteria for determining the storage period

- the existence of a right to lodge a complaint with a supervisory authority

- all available information about the origin of the data if the personal data is not collected from you

- the existence of automated decision-making including profiling in accordance with Art. 22 (1) and (4) GDPR and - at least in these cases - meaningful information about the logic involved and the scope and intended effects of such processing for you.

 

Furthermore, you have the right to request information as to whether your personal data is 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.

7.2 RIGHT TO RECTIFICATION
You have the right to obtain from us the rectification and/or completion of your personal data if your processed data is incorrect or incomplete. If this is the case, we will make the correction immediately.
 
7.3 RIGHT TO RESTRICTION OF PROCESSING

You have the right to request the restriction of the processing of your personal data under the following conditions if
- you contest the accuracy of your personal data for a period enabling us to verify the accuracy of the data;

- the processing is unlawful and you oppose the erasure of your personal data and request the restriction of their use instead;
- we no longer need your personal data for the purposes of the processing, but you require it for the establishment, exercise or defence of legal claims, or
- you have objected to the processing pursuant to Art. 21 para. 1 GDPR and it is not yet certain whether our legitimate reasons outweigh your reasons.

If you have requested the restriction of the processing of your personal data, this data - apart from its storage - may only be processed with your 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 Union or of a Member State. You will be informed by us before the restriction is lifted.

7.4 RIGHT TO ERASURE
You can demand that we delete your personal data immediately. We are obliged to delete this data immediately if one of the following reasons applies:
- Your personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
- You revoke any existing consent on which the processing was based pursuant to Art. 6 para. 1 sentence 1 lit. a or Art. 9 para. 2 sentence 1 lit. a GDPR, and there is no other legal basis for further processing.
- You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing.
- You object to processing for direct marketing purposes pursuant to Art. 21 (2) GDPR.

- Your personal data has been processed unlawfully.
- The deletion of your personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which we are subject.
- Your personal data have been collected in relation to the offer of information society services referred to in Art. 8 (1) GDPR.
If we have made your personal data public and we are obliged to erase it pursuant to Art. 17 (1) GDPR, we shall take reasonable steps, taking into account the available technology and the cost of implementation, to inform the controller(s) that you have requested the erasure by such controller(s) of any links to, or copy or replication of, those personal data.
Your right to erasure does not apply if the processing is necessary
- for exercising the right of freedom of expression and information
- for compliance with a legal obligation which requires processing by Union or Member State law to which we are subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in us;
- for reasons of public interest in the area of public health in accordance with Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 GDPR, insofar as the right referred to in para. 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.

7.5 RIGHT TO INFORMATION
If you have asserted your right to rectification, erasure or restriction of processing against us, we are obliged to notify all recipients to whom your personal data has 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 to request that we inform you about these recipients.

7.6 RIGHT TO DATA PORTABILITY

You have the right to receive your personal data, which you may have provided to us, in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from us, provided that
- the processing is based on consent pursuant to Art. 6 para. 1 sentence 1 lit. a GDPR or Art. 9 para. 2 sentence 1 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 sentence 1 lit. b GDPR and
- the processing is carried out by automated means.

Furthermore, you have the right to obtain the transfer of your personal data directly from us to another controller, insofar as this is technically feasible. This must not adversely affect the rights and freedoms 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 us.
In the context of our website, we do not currently assume that data subject to the right to data portability will be processed.
data are processed.

7.7 RIGHT OF OBJECTION
You have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions.
We will then no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise or defence of legal claims.
If your personal data is processed for the purpose of direct marketing, you have the right to object at any time to the processing of your personal data for the purpose of such marketing; this also applies to any associated profiling.
If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
You have the option of exercising your right to object in connection with the use of information society services - notwithstanding Directive 2002/58/EC - by means of automated procedures that use technical specifications.

7.8 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 withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

7.9 AUTOMATED DECISION MAKING 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. We do not carry out such processing.

7.10 RIGHT OF COMPLAINT TO A SUPERVISORY AUTHORITY
Without prejudice to any other rights to lodge a complaint, you 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 your personal data infringes the GDPR.

8. RESPONSIBILITY FOR LINKED CONTENTS
We may also use links to websites of other providers on our website. In this respect, this privacy policy does not apply. If personal data is collected, processed or used when using the websites of these other providers, please refer to the data protection information of the respective providers. We are not responsible for their data protection practices.

9. DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES
Your personal data is stored exclusively on our servers or on servers used on our behalf. Access to and use of the data is only possible for an authorised group of employees or service providers and is limited to the data required to fulfil the respective task. Your data will not be transferred to third parties without your consent. Data is not transferred to third countries (countries outside the European Economic Area - EEA), unless otherwise stated in this privacy policy, and is not intended to be transferred in the future.

10. DATA SECURITY
To protect your personal data, we have taken technical and organisational measures to ensure that your data is protected against accidental or intentional loss, destruction or manipulation and access by unauthorised persons, destruction or manipulation and access by unauthorised persons. Our protective measures are reviewed at regular intervals and, if necessary, adapted in line with
adapted to technical progress.

11. DATA PROTECTION OFFICER
If you have any further questions regarding the processing of your personal data, please contact our data protection officer:
compolicy GmbH Schwedenkai 1 24103 Kiel
E-Mail: info@compolicy.de

12. CHANGES TO THE PRIVACY POLICY
We reserve the right to amend this data protection declaration at any time if necessary and in consideration of the data protection regulations applicable at the time of amendment.


Status: March 2024