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Privacy Terms

Data protection, privacy and data security
Notes on data protection

This website is operated by HOMANIT GmbH & Co. KG. Your privacy as a user of our website is very important to us and we shall collect, process and use your data in compliance with the data protection provisions of the German Federal Data Protection Act (BDSG), the German Telemedia Act (TMG) and the General Data Protection Regulation (GDPR). Where it is necessary to amend these data privacy provisions in the future, you will find the latest version here.
The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the Member States and other data protection law provisions is:

HOMANIT GmbH & Co. KG
Niederlosheimer Str. 109
66679 Losheim am See

The data protection officer of the controller is:

HOMANIT GmbH & Co. KG
- E.Berres -
Niederlosheimer Str. 109
66679 Losheim am See

+49 6872 602 133
e.berres@homanit.de

 

General information on data processing

Scope of the processing of personal data
We only collect and use personal data of our users if this is required for the provision of a functional website and of our contents and services. The collection and use of personal data of our users is regularly carried out subject to the consent of the user. An exception applies in such cases where prior consent cannot be obtained for technical reasons and the processing of the data is permitted by statutory regulations.

The legal basis for the processing of personal data
Insofar as we obtain consent of the data subject to the processing of personal data, Article 6(1)(a) of the EU General Data Protection Regulation (GDPR) applies as the legal basis.

For the processing of personal data, which is necessary for the performance of a contract to which the data subject is party, Article 6(1)(b) GDPR serves as the legal basis. This also applies for the processing procedures required for pre-contractual measures.

If the processing of personal data is necessary for compliance with a legal obligation to which the controller is subject, Article 6(1)(c) GDPR serves as the legal basis.

If the processing is necessary in order to protect the vital interests of the data subject or of another natural person, Article 6(1)(d) GDPR applies as the legal basis.

If the 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 the interests or fundamental rights and freedoms of the data subject, Article 6(1)(f) GDPR serves as the legal basis for the processing.

Data deletion and archiving period
The personal data of the data subject shall be deleted or blocked once the purpose of storage no longer applies. Storage may also take place if this was prescribed by the European or national legislator in Union law directives, laws or other regulations to which the controller is subject. The data shall also be blocked or deleted if a storage period prescribed by the specified standards expires, unless it is necessary to continue to store the data for the purposes of concluding or performing a contract.

Delivery of website and creation of log files
Description and scope of data processing
Every time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.

The following data are collected in this process:
(1)   Information on the browser type and version used

(2)   The operating system of the user

(3)   The internet service provider of the user incl. country of origin

(4)   The IP address of the user

(5)   Date and time of access

(6)   The data volume transferred

(7)   Websites from which the user's system reaches our website

(8)   Websites accessed from the user's system via our website

The data are also saved in the log files of our system. For security reasons (e.g. clarification of acts of misuse or fraud), log file information is stored for the duration of the last full calendar year and then deleted. Data whose further storage is required for evidence purposes are excluded from deletion until final clarification of the relevant incident.

Legal basis for data processing
The legal basis for the temporary storage of the data is Article 6(1)(f) GDPR.

Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable a delivery of the website to the user's computer. To this end, the IP address of the user must remain stored for the duration of the session.
These purposes also include our legitimate interest in data processing under Article 6(1)(f) GDPR.

Period of storage

The data are deleted as soon as they are no longer required for achieving the purpose of their collection. In the event of entering the data to provide the website, this is the case if the relevant session is ended.

Right to objection and deletion
Data capture for the delivery of the website and the storage of data in log files is necessary for the operation of the website. As such, the user shall not have the right to object.

Use of cookies
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 accesses a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic sequence of characters, which enables a unique identification of the browser when the website is accessed again.
If technically required cookies are used:
We use cookies to design our website in a more user friendly manner. Some elements of our website require the accessing browser to be identifiable even after changing pages.

The purpose of using technically necessary cookies is to simplify the use of websites for the user. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary for the browser to be identifiable even after changing pages.

The user data collected by technically required cookies are not used to create user profiles.

These purposes are also comprised by our legitimate interest in the processing of personal data pursuant to Article 6(1)(f) GDPR.

Period of storage, refusing and deleting cookies
Cookies are stored on the computer of the user from where they transmit information to us. For that reason, you as a user also have full control over the use of cookies. By changing the settings in your internet browser, you can disable or restrict the use of cookies. Cookies already stored can be deleted at any time. This can be done automatically. If cookies are disabled for our website, it may not be possible to use all functions of the website.

Online presence on social media
We maintain an online presence in social networks and platforms in order to communicate with customers, potential customers and users active on those networks and platforms and in order to be able to inform them about our products and services. When accessing the relevant networks and platforms, the general terms and conditions and the privacy guidelines of the relevant operators apply.

Unless otherwise stated in our privacy policy, we will process the data of users if they communicate with us within the social networks and platforms, such as to post on our online pages or to send us a message.

Contact form / email contact
Description and scope of data processing
Our website features a contact form that can be used for making contact electronically. If a user utilises this option, the data entered in the entry screen are sent to us and stored. These data are: Your consent to the processing of these data is obtained when sending the form whereby reference is made to this data protection statement.

Alternatively, it is possible to make contact via the email address provided. In this case, the user's personal data sent with the email are stored.

In this context, the data are not transferred to third parties. The data are used solely for processing the conversation.

As a rule, no special categories of data in accordance with Article 9(1) GDPR are processed, except where they are submitted for processing by the user when entered in online forms.

Legal basis for data processing

The legal basis for the processing of data is Article 6(1)(a) GDPR where the user’s consent is given.

The legal basis for the processing of data that is sent in an email is Article 6(1)(f) GDPR. If the objective of the email contact is to conclude a contract, the additional legal basis for the processing is Article 6(1)(b) GDPR.

Purpose of data processing
The processing of the personal data from the entry screen serves solely to process the contact. In the event of contact by email, this shall also constitute the necessary legitimate interest in the processing of the data.
Any other personal data processed when sending the form serve to prevent any misuse of the contact form and to ensure the security of our information technology systems.

Period of storage

The data are deleted as soon as they are no longer required for achieving the purpose of their collection. For the personal data from the entry screen of the contact form and those that were sent by email, this is the case when the relevant conversation with the user has ended. The conversation is ended once it becomes apparent from the circumstances that the matter in question has been definitively clarified.

Option to object and delete

The user may withdraw his or her consent to the processing of personal data at any time. If the user contacts us by email, he or she may object to the storage of his or her personal data at any time. In such a case, the conversation cannot be continued.
All personal data that were stored in the process of the contact are deleted in this case.

Range analysis with Matomo (formerly PIWIK)
Within the framework of Matomo, the following data are collected and stored: the browser type used by you and the browser version, the operating system used by you, your country of origin, date and time of the server request, the number of visits, the duration of your session on the website and the external links clicked by you. The IP address of the user is anonymised before it is stored.

Matomo uses cookies that are stored on the computer and which enable the analysis of the user’s usage of the website. Pseudonymous usage profiles of the users can be created from the data processed. The cookies have a storage duration of one week. The information generated by the cookie about your use of this website is only stored on our server and not transferred to third parties.

Users can object to the anonymous data collection by the Matomo program at any time with effect for the future by clicking on the link below. In this case, a so-called opt-out cookie is stored in your browser, which results in Matomo no longer collecting any session data. If users delete their cookies, this results in the opt-out cookie also being deleted, for which reason it will need to be freshly activated by the users.

Rights of the data subject
If personal data concerning you are processed, you are a data subject within the meaning of the GDPR and you have the following rights in relation to the controller:

Right of access
You have the right to obtain from the controller confirmation as to whether or not personal data concerning you are being processed by us.
If this is the case, you can obtain from the controller the following information:

Informationen Auskunft verlangen:
(1) the purposes of the processing;
(2) the categories of personal data concerned;
(3) the recipients or categories of recipient to whom the personal data have been or will be disclosed;
(4) the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
(5) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
(6) the 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 Article 22(1) and (4) 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 have the right to obtain confirmation as to whether or not the personal data relating to you are transferred to a third country or international organisation. In this context, you have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.

Right to rectification
You have the right to obtain from the controller the rectification of personal data concerning you and/or to have incomplete personal data completed if the personal data relating to you are incorrect or incomplete. The controller must perform the rectification without undue delay.

Right to restriction of processing
You shall have the right to obtain from the controller restriction of processing where one of the following applies:
(1) 1. the accuracy of the personal data is contested by you, for a period enabling the controller to verify the accuracy of the personal data;
(2) 1. the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
(3) the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims;
(4) you have objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override your own.

Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, 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.

If you have obtained restriction of processing pursuant to paragraph 1, you shall be informed by the controller before the restriction of processing is lifted.

Right to erasure (‘right to be forgotten’)
a) Duty to erase
You shall have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

(1) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
(2) you withdraw consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;
(3) 1. you object to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2);
(4) the personal data have been unlawfully processed;
(5) 1. the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
(6) 1. the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).

b)  Disclosure to third parties

Where the controller has made the personal data public and is obliged pursuant to paragraph 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 which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

c)  Exceptions

The right to erasure shall not apply to the extent that processing is necessary:

(1) for exercising the right of freedom of expression and information;
(2) 1. 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 Article 9(2) as well as Article 9(3);
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(5) 1. for the establishment, exercise or defence of legal claims.

Right to notification
If you have exercised your right to rectification, erasure or restriction of processing in relation to the controller, they shall be obligated to inform all recipients to whom the personal data concerning you were disclosed of this rectification or erasure or of the restriction of the processing, unless this proves impossible or involves a disproportionate effort.
You have the right to obtain information about these recipients from the controller.

Right to data portability
You shall have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

(1) 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); and
(2) 1. the processing is carried out by automated means.
In exercising this right, you shall also have the right to have the personal data transmitted directly from one controller to another, where technically feasible. This shall not adversely affect the rights and freedoms of others.
That right shall 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.

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 Article 6(1) GDPR, including profiling based on those provisions.

The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

Where personal data concerning you 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 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 may exercise your right to object by automated means using technical specifications.

Right to withdraw consent under data protection law
You have the right to withdraw your consent under data protection law at any time. By withdrawing the consent, the lawfulness of the processing carried out on the basis of the consent until the withdrawal shall not be affected.

Automatic decision in individual cases 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 the data controller;
(2) 1. 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.

These decisions shall not be based on special categories of personal data referred to in Article 9(2) GDPR, unless point (a) or (g) of Article 9(2) GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.

In the cases referred to in points (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.

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 Article 78 GDPR.
Last revised: 09.04.2018