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Hell & Co. GmbH
1. scope
1.1 These terms and conditions apply to all current and future business relations of Hell & Co. GmbH with our customers who qualify as entrepreneurs within the meaning of § 14 BGB, regardless of whether they are natural or legal persons or legally responsible personal companies.
1.2 Terms and conditions of the customer or third parties shall not apply, even if we do not separately object to their validity in individual cases. Even if we refer to a letter that contains or refers to terms and conditions of the customer or a third party, this does not constitute an agreement to the validity of those terms and conditions.
2. Conclusion of contract
2.1 Offers on our part are subject to change without notice, unless they are expressly marked as binding or contain a specific acceptance period.
2.2 We can accept orders or contracts within a period of two weeks after receipt. Acceptance may be confirmed either in writing or implied by delivery to the customer.
2.3 We reserve the right to make technical changes as well as changes in form, color, number of items and/or weight, insofar as this does not change the essence of the performance or the usability for the contractually intended purpose requires an exact match. Statements in the offer are not guaranteed characteristics, but descriptions or identifications of the delivery and performance.
3. Prices and terms of payment
3.1 Our prices are net ex works, plus value added tax at the legally applicable rate, customs duties, fees and other public charges. The prices applicable on the date of the order shall be decisive, unless expressly agreed otherwise.
3.2 Insofar as delivery is to take place more than four months after conclusion of the contract, our prices valid at the time of delivery shall apply.
3.3 Invoice amounts are to be paid without deduction no later than thirty days after delivery, unless otherwise agreed in writing. If payment is received within 10 days after delivery, we grant a discount of 2% of the net sales price. The date of crediting to one of our business accounts is decisive for the timeliness of payment. In the case of payment by check, fulfillment shall only occur when the amount is credited to one of our business accounts.
3.4 If the customer defaults on payment in whole or in part, interest shall be charged on the outstanding amounts in accordance with the German Civil Code; we reserve the right to claim further damages (including interest damages).
3.5 Offsetting against counterclaims of the customer is only permitted insofar as the counterclaims are undisputed or have been legally established.
3.6 We shall be entitled to make outstanding deliveries only against advance payment or provision of security if, after conclusion of the contract, we become aware of circumstances which are likely to substantially reduce the creditworthiness of the customer and as a result of which payment of our outstanding claims by the customer under the respective contractual relationship is jeopardized. If the customer is not able to make advance payment or provide security within a period of 30 days after being requested to do so, we are entitled to withdraw from the purchase contract.
4. delivery
4.1 Deadlines and dates for deliveries promised by us are not binding, unless the binding force has been expressly promised or agreed. In the case of shipment, the delivery period or delivery date refers to the time of handover to the carrier, freight forwarder or other third party entrusted with the transport.
4.2.
4.2 In case of shipment of the goods, we shall be liable only for the careful selection of the company arranging the shipment and suitable packaging of the goods. With the handover of the properly packed goods to this company, the risk of accidental loss and accidental deterioration of our delivery passes to the customer. The handing over is equal if the customer is in default of acceptance. The goods shall only be insured at the express request of the customer and at the customer's expense and only to the extent that the risks specified by the customer are insurable.
4.3 We shall not be liable for the impossibility of delivery or for delays in delivery insofar as these have been caused by force majeure or other events unforeseeable at the time of conclusion of the contract for which we are not responsible. This applies in particular to the case of delays in the context of customs clearance, insofar as this delay is not due to circumstances caused by us.
4.4 Insofar as events make delivery considerably more difficult or impossible for us and this hindrance is not only of temporary duration, we shall be entitled to withdraw from the contract. In the event of hindrances of temporary duration, the delivery periods shall be extended or the delivery dates shall be postponed by the period of the hindrance plus a reasonable start-up period. Insofar as the customer cannot reasonably be expected to accept the delivery as a result of the delay, he may withdraw from the contract by giving us immediate written notice.
4.5 We are entitled to make partial deliveries, unless the partial delivery is not usable for the customer, the delivery of the remaining ordered goods cannot be ensured by us or the customer incurs not only insignificant additional expenses as a result of the partial delivery.
4.6 In the event of delays in delivery or impossibility of delivery, our liability shall be determined in accordance with Section 7 of these General Terms and Conditions.
5. Returns
5.1 Returns of goods delivered free of defects will not be accepted without our prior consent; we reserve the right to return the goods to the customer at the customer's expense. In these cases, the customer also remains obligated to pay the purchase price.
5.2 If we agree to the return of goods delivered free of defects, the customer shall pay a handling fee in the amount of 30% of the sales price instead of the purchase price, unless expressly agreed otherwise.
6 Warranty, material defects
6.1 The warranty period is two years from delivery of the goods. This period shall not apply to claims for damages by the customer arising from injury to life, body or health or from intentional or grossly negligent breaches of duty by us or our vicarious agents, which shall be time-barred in accordance with the statutory provisions.
6.2.
6.2 As a matter of principle, only the manufacturer's product specification shall be deemed agreed as the quality of the goods, unless a deviating quality has been expressly agreed between the parties. Public statements, recommendations or advertising by the manufacturer shall not constitute an agreement on quality between us and the customer.
6.3 The delivered goods shall be inspected carefully immediately after delivery to the customer or the third party designated by the customer. With regard to obvious defects or other defects that would have been recognizable in the course of an immediate, careful examination, the goods shall be deemed to have been approved if we do not receive a written notice of defect within a period of five working days after delivery. With regard to other defects, the goods shall be deemed approved if we do not receive a written notice of defect within five days after discovery of the defect. At our request, the goods complained of shall be returned to us carriage paid. If the notice of defect is justified, we shall reimburse the return shipment, but only to the extent of the costs incurred for a return shipment from the original delivery address.
6.4 In case of material defects of the delivered goods, we have the choice to repair or to deliver replacement goods. In case of failure, i.e. impossibility, unreasonableness, refusal or unreasonable delay, the customer may withdraw from the contract or reduce the purchase price to a reasonable extent.
6.5 If a defect is due to our fault, the customer may claim damages under the conditions specified in clause 7.
7. Liability for damages due to fault
7.1 Our liability for damages, irrespective of the legal grounds, in particular due to impossibility, delay, defective or incorrect delivery, breach of contract, breach of duties during contract negotiations and tort, shall be limited in accordance with this Clause 7, insofar as fault is relevant in each case.
7.2 In the event of simple negligence on the part of our executive bodies, legal representatives, employees and other vicarious agents, we shall not be liable insofar as this does not involve a breach of material contractual obligations. Material contractual obligations are the obligations to deliver the goods on time, their freedom from defects of title or such material defects that impair their functionality or usability more than insignificantly.
7.3 Insofar as we are liable on the merits for damages pursuant to Section 7.2, this liability shall be limited to damages which we foresaw as a possible consequence of a breach of contract at the time of conclusion of the contract or which we should have foreseen by exercising due care. Indirect damage and consequential damage resulting from defects in the goods shall also only be eligible for compensation insofar as such damage is typically to be expected when the goods are used for their intended purpose.
7.4 In the event of liability for simple negligence, our liability to pay compensation for damage to property and further financial losses resulting therefrom shall be limited to an amount of EUR 3,000,000.00.00 per claim.
7.5 The above exclusions and limitations of liability shall apply to the same extent in favor of our corporate bodies, legal representatives, employees and other vicarious agents.
7.6 The limitations of this clause 7 do not apply to our liability for intentional conduct, for guaranteed characteristics, for injury to life, body or health or under the Product Liability Act.
8. Retention of title
8.1 The retention of title agreed below serves to secure all our respective existing current and future claims against the customer arising from the supply relationship existing between the contracting parties (including balance claims arising from a current account relationship limited to this supply relationship).
8.2 The goods delivered by us shall remain our property until full payment of all secured claims. The goods as well as the goods covered by the retention of title taking their place in accordance with the following provisions shall hereinafter be referred to as "goods subject to retention of title".
8.3 The customer shall store the goods subject to retention of title for us free of charge.
8.4 The customer shall be entitled to use the goods subject to retention of title in the ordinary course of business until the event of realization (clause 8.9). Pledges and transfers of ownership by way of security are not permitted.
8.5 If the reserved goods are processed by the customer, it is agreed that the processing shall be carried out in our name and for our account as manufacturer and that we shall acquire direct ownership or - if the processing is carried out from materials of several owners or the value of the processed item is higher than the value of the reserved goods - co-ownership (fractional ownership) of the newly created item in the ratio of the value of the reserved goods to the value of the newly created item. In the event that no such acquisition of ownership should occur on our part, the purchaser shall already now transfer to us as security his future ownership or - in the above-mentioned ratio - co-ownership of the newly created item. If the reserved goods are combined or inseparably mixed with other items to form a uniform item and if one of the other items is to be regarded as the main item, we shall, insofar as the main item belongs to us, transfer to the customer pro rata co-ownership of the uniform item in the ratio specified in sentence 1.
8.6 In the event of resale of the reserved goods, the customer hereby assigns to us by way of security the claim against the purchaser arising therefrom - in the event of our co-ownership of the reserved goods, in proportion to the co-ownership share. The same shall apply to other claims which take the place of the reserved goods or otherwise arise in respect of the reserved goods, such as insurance claims or claims in tort in the event of loss or destruction. We revocably authorize the customer to collect the claims assigned to us in his own name. We may only revoke this collection authorization in the event of realization.
8.7 If third parties access the goods subject to retention of title, in particular by way of seizure, the customer shall immediately notify them of our ownership and inform us thereof in order to enable us to enforce our ownership rights. If the third party is not in a position to reimburse us for the judicial or extrajudicial costs incurred in this connection, the customer shall be liable to us for this.
8.8 We shall release the goods subject to retention of title as well as the items or claims replacing them insofar as their value exceeds the amount of the secured claims by more than 50%. The selection of the items to be released thereafter shall be at our discretion.
8.9 If we withdraw from the contract if the customer acts in breach of the contract - in particular in case of default in payment - we shall be entitled to demand the return of the goods subject to retention of title.
9. Final Provisions
9.1 If the customer is a merchant, a legal entity under public law or a special fund under public law or if he has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for all possible disputes arising from the business relationship between us and the customer shall be, at our discretion, Neustadt an der Aisch or the customer's place of business. In such cases, Neustadt an der Aisch shall be the exclusive place of jurisdiction for actions against us. Mandatory statutory provisions on exclusive places of jurisdiction shall remain unaffected by this provision.
9.2 The relations between us and the customer shall be governed exclusively by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11.04.1980 (CISG) shall not apply.
9.3.
9.3 Insofar as written form is required in these General Terms and Conditions, this form shall also be deemed to have been observed by sending the declaration in text or electronic form.
9.4 Insofar as the contract or these General Terms and Conditions contain loopholes, those legally effective provisions shall be deemed to have been agreed to fill these loopholes which the contracting parties would have agreed to in accordance with the economic objective of the contract and the purpose of these General Terms and Conditions if they had been aware of the loophole.
(A consumer is any natural person who enters into a transaction for purposes that are predominantly outside his or her trade, business or profession. )Cancellation policyRight of cancellationYou have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day, - on which you or a third party named by you, who is not the carrier, have taken possession of the goods or has taken possession of the goods, if you have ordered one or more goods as part of a uniform order and these are or will be delivered uniformly. - on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods, if you have ordered several goods as part of a single order and these are delivered separately;- on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last partial consignment or the last item. if you have ordered goods that are delivered in several partial consignments or pieces;To exercise your right of cancellation, you must notify us (Hell + Co. GmbH, Am Käswasen 12, D-91456 Diespeck, Tel. +49 9161 4051, Fax +49 9161 9657, info@hellco-gmbh.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of withdrawalIf you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days You shall bear the direct costs of returning goods that can be sent by parcel post as well as the direct costs of returning goods that cannot be sent by parcel post. The costs for goods that cannot be sent by parcel post are estimated at a maximum of approximately EUR.You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the quality, characteristics and functioning of the goods.Reasons for exclusion or expiry. The right of withdrawal does not apply to contracts- for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;- for the supply of goods that can spoil quickly or whose expiry date would be quickly exceeded;- for the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, but which can be supplied at the earliest 30 days after conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no influence;- for the supply of newspapers, periodicals or magazines with the exception of subscription contracts. The right of withdrawal expires early for contracts- for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;- for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;- for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
Sample cancellation form(If you wish to cancel the contract, please complete and return this form. )- To Company Hell + Co. GmbH, Am Käswasen 12, D-91456 Diespeck: - I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)- Ordered on (*)/received on (*)- Name of the consumer(s)- Address of the consumer(s)- Signature of the consumer(s) (only in case of communication on paper)- Date(*) Delete as applicable.
We welcome you if you visit our website and appreciate your interest in our company. In order to give you a good feeling with regard to the handling of your personal data, we make it transparent for you what happens with the data that accumulates and what security measures have been taken on our part. In addition, you will be informed about your legally defined rights in connection with the processing of this data.
When you access our homepage, no personal data is logged or processed on our part. Personal data is only collected if you provide us with this information voluntarily - for example, as part of an inquiry by e-mail, an online application or to initiate a contractual relationship.
If you have provided us with personal data, we store and use it only to respond to your inquiry, to process any contracts that may have been concluded with you, and for technical administration.
Your personal data will not be passed on, transmitted or sold to third parties on our part. Also, a transfer of your data to a third country is excluded.
According to Art 15 of the new European General Data Protection Regulation, data subjects have the right to request confirmation from the controller, free of charge, as to whether personal data in question are being processed.
If this is the case, data subjects have the right to be informed about the purpose of the processing, the categories of personal data processed, recipients or categories of recipients to whom the personal data have been disclosed and the planned duration for which personal data will be stored.
In addition, data subjects have the right to rectify or erase the personal data concerning them or to restrict or object to the processing of their personal data.
Please direct all requests for information to the responsible body:Managing director: Ms. Daniela Böhlmann, Mr. Ralf SchunkeStreet no.: Am Käswasen 12PLZ/City: 91456 DiespeckPhone:+49 (0) 91 61 / 66 33 97 - 0Email: info@hellco-gmbh.de
Furthermore, data subjects have a right of appeal to the competent supervisory authority for data protection. Bavarian State Office for Data Protection Supervision (BayLDA)Promenade 2791522 AnsbachPhone: +49 (0)981 53 1300Email: poststelle@lda.bayern.de
We take data protection very seriously and have commissioned an external and independent data protection officer to continuously monitor the relevant standards.
Contact details data protection officer:Bernd ScheurerCertified data protection officer TÜV-SÜDWilhelmstraße 291413 Neustadt an der AischEmail: bernd.scheurer@hws-gruppe.deTelephone: +49 (0)178 - 78 19 800
The data protection declaration of our company is based on the terms used by the European Directive and Ordinance when issuing the Data Protection Regulation (DS-GVO). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. In order to ensure this, we would like to explain the terminology used in advance.
We use the following terms, among others, in this privacy statement:
Personal data means any 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
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, 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 is the marking of stored personal data with the aim of limiting their future processing.
Profiling is any type of automated processing of personal data that consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or change of location.
Pseudonymization is the processing of personal data in such a way 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 organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
The controller or person responsible for processing is 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 Union law or Member State law, the controller or the specific criteria for its designation may be provided for under Union law or Member State law.
A processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
Recipient means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.
Third party means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who, under the direct responsibility of the controller or the processor, are authorized to process the personal data.
Consent is any freely given indication of his or her wishes for the specific case in an informed and unambiguous manner, in the form of a statement or any other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.
The Internet pages of our company use cookies. Cookies are text files that are placed and stored on a computer system via an Internet browser.
Numerous Internet pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.
Through the use of cookies, our enterprise can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
By means of a cookie, the information and offers on our website can be optimized in the interests of the user. Cookies allow us, as already mentioned, to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our Internet site. For example, the user of a website that uses cookies does not have to re-enter his or her access data each time he or she visits the website, because this is done by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping cart in an online store. The online store remembers the items that a customer has placed in the virtual shopping cart via a cookie.
The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.
The website of our company collects a series of general data and information with each call of the website by a data subject or automated system. This general data and information is stored in the log files of the server. The following data may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of an access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using these general data and information, our enterprise does not draw any conclusions about the data subject. Rather, this information is needed (1) to deliver the contents of our website correctly, (2) to optimize the contents of our website and the advertising for these, (3) to ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. Therefore, the anonymously collected data and information is evaluated by our enterprise, on the one hand, statistically and, on the other hand, with the aim of increasing the data protection and data security of our enterprise so as to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.
The website of our enterprise contains due to legal requirements information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or by using a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the controller will be stored for the purpose of processing or contacting the data subject. There is no disclosure of this personal data to third parties.
The controller shall process and store personal data of the data subject only for the period of time necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or other legislator in laws or regulations to which the controller is subject.
If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation Maker or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
Every data subject has the right granted by the European Directive and Regulation to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right to obtain confirmation, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.
Every person affected by the processing of personal data has the right granted by the European Directive and Regulation to obtain at any time from the controller, free of charge, information about the personal data stored about him or her and a copy of that information. In addition, the European Directive and Regulation has granted the data subject access to the following information:
◦ the purposes of processing
◦ the categories of personal data processed
◦ the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular if they are recipients in third countries or international organizations
◦ if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
◦ the existence of a right to obtain the rectification or erasure of personal data concerning them, or to obtain the restriction of processing by the controller, or a right to object to such processing
◦ the existence of a right of appeal to a supervisory authority
◦ if the personal data are not collected from the data subject: Any available information about the origin of the data
◦ the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject
Furthermore, the data subject shall have the right to obtain information as to whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.
If a data subject wishes to have personal data transferred to a third country or an international organization, he or she has the right to obtain information about the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right of access, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.
Every data subject affected by the processing of personal data has the right granted by the European Directive and Regulation to request that inaccurate personal data concerning him or her be corrected without undue delay. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary declaration.
If a data subject wishes to exercise this right of rectification, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.
Every data subject concerned by the processing of personal data has the right granted by the European Directive and Regulation to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is not necessary:
◦ The personal data were collected or otherwise processed for such purposes for which they are no longer necessary.
◦ The data subject revokes the consent on which the processing was based pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR and there is no other legal basis for the processing.
◦ The data subject objects to the processing pursuant to Article 21(1) DS-GVO and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) DS-GVO.
◦ The personal data have been processed unlawfully.
◦ The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
◦ The personal data has been collected in relation to information society services offered in accordance with Article 8(1) DS-GVO.
If one of the aforementioned reasons applies, and a data subject wishes to arrange for the erasure of personal data stored by our enterprise, he or she may, at any time, contact our Data Protection Officer or another employee of the controller. The data protection officer of our enterprise or another employee will arrange for the erasure request to be complied with immediately.
If the personal data of our enterprise have been made public and our enterprise as a controller is obliged to erase the personal data pursuant to Article 17 (1) of the Data Protection Regulation, our enterprise shall implement reasonable measures, including technical measures, taking into account the available technology and the cost of implementation, to inform other data controllers which process the published personal data, that the data subject has requested from those other data controllers the erasure of all links to the personal data or copies or replications of the personal data, unless the processing is necessary. The Data Protection Officer of our enterprise or another employee will arrange the necessary in individual cases.
Every data subject concerned by the processing of personal data has the right, granted by the European Directive and Regulation-maker, to obtain from the controller the restriction of processing where one of the following conditions is met:
◦ 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, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.
◦ The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the establishment, exercise or defense of legal claims.
◦ The data subject has objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by our enterprise, he or she may, at any time, contact our Data Protection Officer or another employee of the controller. The data protection officer of our enterprise or another employee will arrange the restriction of the processing.
Every data subject concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain personal data concerning him or her, which has been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit such data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR and that the processing is carried out by automated means, unless the 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.
Furthermore, if the data subject exercises his or her right to data portability pursuant to Article 20(1) of the GDPR, he or she has the right to obtain that the personal data be transferred directly from one controller to another controller, to the extent that this is technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals.
To assert the right to data portability, the data subject may at any time contact the data protection officer appointed by our enterprise or another employee.
Every data subject concerned by the processing of personal data has the right, granted by the European Directives and Regulations, to object at any time, on grounds relating to his or her particular situation, to processing of personal data concerning him or her carried out on the basis of Article 6(1)(e) or (f) of the DS-GVO. This also applies to profiling based on these provisions.
Our company shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defense of legal claims.
If our enterprise processes personal data for the purpose of direct marketing, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to our company to the processing for direct marketing purposes, our company will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by our enterprise for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the Data Protection Regulation, unless such processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right to object, the data subject may directly contact the Data Protection Officer of our enterprise or another employee. The data subject is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise his or her right to object by means of automated procedures if such procedures involve the use of technical specifications.
Every data subject concerned by the processing of personal data has the right granted by the European Directive and Regulation to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.
The controller collects and processes the personal data of applicants for the purpose of handling the application procedure. The processing may also take place electronically. This is the case, in particular, when an applicant submits relevant application documents to the controller by electronic means, for example, by e-mail or via a web form located on the website. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the controller conflict with such deletion. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).
Art. 6 I lit. a DS-GVO serves our company as the legal basis for processing operations if we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for a delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation by which a processing of personal data becomes necessary, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data might become necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO. Finally, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, second sentence of the GDPR).
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is the conduct of our business for the benefit of the well-being of all our employees and our shareholders.
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data will be routinely deleted, provided that they are no longer required for the performance of the contract or the initiation of the contract.
We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data by the data subject, the data subject must contact our data protection officer. Our data protection officer will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences of not providing the personal data would be.
If you send us inquiries via contact form, your data from the inquiry form, including the contact data you provided there, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We do not pass on this data without your consent.
This site uses SSL encryption for security reasons and to protect the transmission of confidential content, such as requests that you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line. If SSL encryption is activated, the data you transmit to us cannot be read by third parties.
Our website uses functions of the XING network. The provider is XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany. If one of our pages contains XING functions, a connection to XING servers is established. As far as we are aware, no personal data is stored in the process. In particular, no IP addresses are stored or usage behavior evaluated. For further information on data protection and the XING Share button, please refer to XING's privacy policy at: https://www.xing.com/app/share?op=data_protection
This site uses so-called web fonts provided by Google for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into its browser cache in order to display texts and fonts correctly. For this purpose, the browser you are using must connect to Google's servers. This enables Google to know that our website has been accessed via your IP address. Google Web Fonts are used in the interest of a uniform and appealing presentation of our online offers. This represents a legitimate interest within the meaning of Art. 6 (1) lit. f DSGVO. If your browser does not support web fonts, a standard font will be used by your computer. For more information about Google Web Fonts, please visit https://developers.google.com/fonts/faq and Google's privacy policy: https://www.google.com/policies/privacy/.
The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:
- browser type and browser version
- operating system used
- referrer URL
- host name of the accessing computer
- Time of the server request
This data cannot be assigned to specific persons. A combination of this data with other data sources is not made. We reserve the right to check this data retrospectively if we become aware of specific indications of unlawful use.
When visiting our website, your surfing behavior may be statistically analyzed. This is done primarily with cookies and with so-called analysis programs. The analysis of your surfing behavior is usually anonymous; the surfing behavior cannot be traced back to you. You can object to this analysis or prevent it by not using certain tools.
Our website also contains - clearly recognizable - links to the Internet presences of other companies. However, we do not assume any responsibility for the contents and the data protection/data security concept of these web pages.
To protect the data of our employees/customers/suppliers stored by us from accidental or intentional manipulation, loss, destruction or access by unauthorized persons, we have taken appropriate technical and organizational measures. The security levels are continuously reviewed in cooperation with security experts and adapted to new security standards.
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