Thank you very much for your interest in our company. Data protection has a particularly high priority for the management of H. Schönenberger GmbH. A use of the internet pages of the H. Schönenberger GmbH is basically possible without any indication of personal data. However, if a data subject wishes to make use of special services of our company via our website, it may be necessary for us to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the person concerned.
H. Schönenberger GmbH, as the data controller, has implemented numerous technical and organisational measures to ensure the most complete possible protection of the personal data processed via this website. Nevertheless, Internet-based data transmissions are fundamentally subject to security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, such as telephone.
1. Definition of terms
We use the following terms, among others, in this data protection declaration:
• a) personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter "data subject"). A natural person/data subject shall be considered identifiable if she or he can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an on-line identifier or one or more specific characteristics expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of that data subject.
• b) data subject
Data subject means any identified or identifiable natural person whose personal data is processed by the data controller.
• c) processing
“Processing" means any operation or set of operations which is carried out with or without the aid of automated processes and which relates to personal data, such as collection, recording, organisation, sorting, storage, adaptation or alteration, reading out, retrieving, use, disclosure by transmission, dissemination or otherwise making available, alignment or association, restriction, deletion or destruction.
• d) limitation of processing
Limitation of processing is the marking of stored personal data with the aim of limiting its future processing.
• e) profiling
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a data subject, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts, or change of location of that data subject.
• f) pseudonymisation
Pseudonymisation means 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 provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data is not attributed to an identified or identifiable data subject.
• g) responsible person or data controller
The responsible person or data controller is the natural or legal person, public authority, institution 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 established by European Union law or by the law of the Member States, the data controller or data controllers may be designated in accordance with European Union law or with the law of the Member States on the basis of certain criteria.
• h) data processor
Data processor is a natural or legal person, public authority, institution or other body which processes personal data on behalf of the responsible person/controller.
• i) recipient
The recipient is a natural or legal person, public authority, institution or other body to whom personal data is disclosed, whether or not that person or legal person is a third party. However, authorities which may receive personal data in the context of a specific investigation mandate under European Union law or the law of the Member States shall not be considered as recipients.
• j) third parties
Third party means any natural or legal person, public authority, agency or body other than the data subject, the data controller, the data processor and the persons authorised to process the personal data under the direct responsibility of the data controller or data processor.
• k) consent
Consent shall mean any voluntary, informed and unambiguous expression by the data subject of his or her will in the particular case, in the form of a statement or other unequivocal confirmatory act, indicating that he or she consents to the processing of his or her personal data.
2. Name and mailing address of the data processor
The data processor within the meaning of the Basic Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions of a data protection nature is:
H. Schönenberger GmbH
Plochingerstr. 36 / Zehntstraße
Phone: +49 (0) 7153 82840
3. Collection of general data and information
The website of H. Schönenberger GmbH collects a series of general data and information each time the website is accessed by an affected person (data subject) or an automated system. This general data and information is stored in the log files of the server. Data which can be recorded includes (1) 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-sites which are accessed via an accessing system on our website, (5) the date and time of 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 used to avert dangers in the event of attacks on our information technology systems. When using this general data and information, H. Schönenberger GmbH does not draw any conclusions about the data subject. This information is needed (1) to correctly deliver the content of our website, (2) to optimise the content of our website and the advertising for it, (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. This anonymously collected data and information is therefore evaluated by H. Schönenberger GmbH, both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimum level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by the data subject.
4. Contact options via the website
Based on regulatory law, the website of H. Schönenberger GmbH contains information that enables rapid electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). If a data subject contacts the data controller by e-mail or via a contact form, the personal data transmitted by the data subject will be automatically stored. Such personal data transmitted voluntarily by a data subject to the data controller is stored for the purposes of processing or contacting the data subject. This personal data will not be passed on to third parties.
5. Routine deletion and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period of time necessary to achieve the storage purpose, or where provided for by the European regulatory and legislative entities or another legislator in laws or regulations to which the data controller is subject.
If the storage purpose no longer applies or if a storage period prescribed by the European regulatory and legislative entities or another competent legislator expires, the personal data shall be blocked or deleted routinely and in accordance with the statutory provisions.
6. Rights of the data subject
• a) Right to confirmation
Every data subject shall have the right, granted by the European regulatory and legislative entities, to obtain from the data controller confirmation as to whether personal data relating to him or her is being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact an employee of the data controller.
• b) Right to information
Any person/data subject affected by the processing of personal data has the right, granted by the European regulatory and legislative entities, to obtain at any time, free of charge from the data processor, information on the personal data relating to her or him which has been stored and a copy of that information. In addition, the European regulatory and legislative entities have granted the data subject the right to the following information:
- the processing purposes
- the categories of personal data processed
- the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organisations
- 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 rectify or delete personal data relating to him or her or to limit the processing carried out by the data controller, or of a right to object to such processing
- the existence of a right of appeal to a supervisory authority
- if the personal data is not collected from the data subject: All available information on the origin of the data
- the existence of automated decision-making, including profiling, in accordance with Article 22 paragraphs 1 and 4 of the DS-GVO and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject
The data subject also has the right to know whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in connection with this transfer.
If a data subject wishes to exercise this right of access, he or she may at any time contact an employee of the data controller.
• (c) Right to correction
Any person affected by the processing of personal data has the right, granted by the European regulatory and legislative entities, to request the correction without delay of inaccurate personal data concerning him or her. Furthermore, the data subject has the right, under consideration of 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 correction, he or she may at any time contact an employee of the data controller.
• d) Right of cancellation ("right to be forgotten")
Any person/data subject affected by the processing of personal data has the right, granted by the European regulatory and legislative entities, to require the data controller to delete without delay personal data concerning her or him for one of the following reasons and to the extent that the processing is not necessary:
- Personal data has been collected or processed for purposes for which it is no longer necessary.
- The data subject withdraws her or his consent upon which the processing was based pursuant to Article 6 para. 1 letter a DS-GVO or Article 9 para. 2 letter a DS-GVO, and there is no other legal basis for the processing.
- The data subject objects to the processing pursuant to Article 21 para. 1 DS-GVO and there are no overriding legitimate reasons for the processing, or the data subject objects to the processing pursuant to Article 21 para. 2 DS-GVO.
- The personal data has been processed unlawfully.
- The deletion of personal data is necessary to fulfil a legal obligation under European Union law or the law of the Member States to which the data controller is subject.
- The personal data was collected in connection with information society services offered pursuant to Article 8 para. 1 DS-GVO.
If one of the above reasons applies and a data subject wishes to have personal data which was stored at H. Schönenberger GmbH deleted, he or she can contact an employee of the data controller at any time. The employee of H. Schönenberger GmbH will arrange for the request for deletion to be complied with immediately.
If the personal data has been made public by H. Schönenberger GmbH and if our company is obliged to delete the personal data in accordance with Article 17 para. 1 DS-GVO, H. Schönenberger GmbH, taking into account the available technology and implementation costs, will take appropriate measures, including technical measures, to inform other persons responsible for data processing who process the published personal data that the data subject has requested these other persons responsible for data processing to delete all links to this personal data or copies or replications of this personal data, insofar as the processing is not necessary. The employee of H. Schönenberger GmbH will take the necessary steps in individual cases.
• (e) Right to limitation of processing
Any data subject affected by the processing of personal data has the right, granted by the European regulatory and legislative entities, to request the data controller to limit the processing if one of the following conditions is met:
- The accuracy of the personal data is contested by the data subject for a period of time that allows the data controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject refuses the deletion of the personal data and demands instead the limitation of the use of the personal data.
- The data controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the assertion, exercise or defence of legal claims.
- The data subject has lodged an objection against the processing pursuant to Article 21 para. 1 DS-GVO and it is not yet clear whether the legitimate reasons of the data controller outweigh those of the data subject.
If one of the above conditions is met and a data subject wishes to request the limitation of personal data stored at H. Schönenberger GmbH, he or she can contact an employee of the data controller at any time. The employee of H. Schönenberger GmbH will initiate the limitation of the processing.
• f) Right to data transferability
Any data subject affected by the processing of personal data has the right, granted by the European regulatory and legislative entities, to receive the personal data concerning him or her which has been provided by the data subject to a data controller, and to receive it in a structured, common and machine-readable format. She or he shall also have the right to communicate such data to another data controller without interference from the data controller to whom the personal data has been provided, provided that the processing is based on the consent referred to in Article 6 para. 1 letter a DS-GVO or Article 9 para. 2 letter a DS-GVO or on a contract referred to in Article 6 para. 1 letter b DS-GVO, and that the processing is carried out by automated means, provided that the processing is not 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, when exercising her or his right to data transferability pursuant to Article 20 para. 1 DS-GVO, the data subject shall have the right to effect that the personal data be transferred directly from one data controller to another data controller, insofar as this is technically feasible and insofar as this does not impair the rights and freedoms of other persons.
In order to assert the right to data transfer, the data subject can contact an employee of H. Schönenberger GmbH at any time.
• g) Right of objection
Any person/data subject affected by the processing of personal data has the right, granted by the European regulatory and legislative entities, to object at any time, for reasons related to his/her particular situation, to the processing of personal data concerning him/her on the basis of Article 6 para. 1 letter e or f of the DS-GVO. This also applies to profiling based on these provisions.
H. Schönenberger GmbH will no longer process the personal data in the event of an objection unless we can prove compelling reasons for the processing worthy of protection which outweigh the interests, rights and freedoms of the data subject, or the processing serves the assertion, exercise or defence of legal claims.
If H. Schönenberger GmbH processes personal data in order to conduct direct advertising, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the processing of personal data by H. Schönenberger GmbH for the purposes of direct marketing, H. Schönenberger GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right to object for reasons arising from her or his particular situation to the processing of personal data relating to her or him by H. Schönenberger GmbH for scientific or historical research purposes or for statistical purposes pursuant to Article 89 para. 1 DS-GVO, unless such processing is necessary for the performance of a task in the public interest.
In order to exercise the right of objection, the data subject may directly contact any employee of H. Schönenberger GmbH or another employee. The data subject shall also be free to exercise his or her right of objection in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
• h) Automated case-by-case decisions including profiling
Any person/data subject affected by the processing of personal data has the right granted by the European regulatory and legislative entities not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects upon him or her or significantly affects him or her in a similar manner, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the data controller, or (2) is authorised by European Union law or national law or by the Member States to which the data controller is subject and which provides for adequate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or (3) is made with the express consent of the data subject.
If the decision (1) is necessary for the conclusion or the fulfilment of a contract between the data subject and the data processor or (2) is made with the express consent of the data subject, H. Schönenberger GmbH will take appropriate measures to protect the rights and freedoms as well as the legitimate interests of the data subject, which include at a minimum the right to obtain the intervention of a person on the part of the data processor, the right to present one's own point of view, and the right to contest the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time do so by contacting an employee of the data controller.
• i) Right to revoke consent under data protection law
Any person affected by the processing of personal data has the right, granted by the European regulatory and legislative entities, to revoke consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she may do so at any time by contacting an employee of the data controller.
7. Data protection for job applications and in the job application procedure
The data controller collects and processes the personal data of job applicants for the purpose of processing the employment application procedure. Processing may also be carried out electronically. This is especially the case in situations where an applicant sends the relevant application documents to the data controller by electronic means, for example by e-mail or via a web form on the website. If the data controller concludes an employment contract with an applicant, the transferred data shall be stored for the purpose of processing the employment relationship in accordance with the statutory provisions. If the data controller does not conclude a contract of employment with the candidate, the application file shall be automatically deleted two months after notification of the refusal decision, unless deletion conflicts with any other legitimate interests of the data controller. Other legitimate interests in this sense include, for example, the duty to provide evidence in proceedings under the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz - AGG).
8. Data protection regulations for the implementation and use of Google AdWords
The data processor has integrated Google AdWords on this website. Google AdWords is an Internet advertising service that allows advertisers to display ads both in Google's search engine results and in the Google advertising network. Google AdWords allows an advertiser to pre-define keywords that will be used to display an ad in Google's search engine results only when the user uses the search engine to retrieve a keyword-relevant search result. In the Google advertising network, the ads are distributed to relevant Internet sites using an automatic algorithm and in accordance with the keywords defined beforehand.
The company operating the Google AdWords services is Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The purpose of Google AdWords is to promote our website by displaying interest-relevant advertisements on the websites of third parties and in the search results of the Google search engine, and by displaying third-party advertisements on our website.
If an affected person/data subject reaches our website via a Google advertisement, a so-called conversion cookie is stored on the information technology system of the data subject by Google. What cookies are has already been explained above. A conversion cookie loses its validity after thirty days and is not used to identify the data subject. The conversion cookie is used, if the cookie has not yet expired, to track whether certain subpages, for example the shopping cart of an online shop system, have been accessed on our website. By means of the conversion cookie, both we and Google can track whether a person who came to our website via an AdWords ad generated a turnover, i.e. completed or cancelled a purchase of goods.
The data and information collected through the use of the conversion cookie is used by Google to compile visit statistics for our website. These visit statistics are in turn used by us to determine the total number of users who were referred to us via AdWords ads, i.e. to determine the success or failure of the respective AdWords ad and to optimise our AdWords ads for the future. Neither our company nor other Google AdWords advertisers receive any information from Google that could identify the individual concerned.
The conversion cookie is used to store personal information, such as the Internet pages visited by the person concerned. Accordingly, each time you visit our website, personal data, including the IP address of the Internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may under some circumstances share this personal information collected through the technical process with third parties.
The data subject can prevent the setting of cookies by our website at any time, as described above, by means of an appropriate setting of the Internet browser used, and can thus permanently reject the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a conversion cookie on the information technology system of the data subject. In addition, a cookie already set by Google AdWords can be deleted at any time via the Internet browser or other software programs.
Furthermore, the data subject has the opportunity to object to the interest-related advertising by Google. To do this, the data subject must access the link www.google.de/settings/ads from any of the Internet browsers she or he uses and make the desired settings there.
9. Data protection regulations regarding the use and application of YouTube
The data controller has integrated YouTube components into this website. YouTube is an Internet video portal that allows video publishers to post video clips and other users to view, rate and comment on them free of charge. YouTube allows the publication of all types of videos, which is why complete film and television programmes as well as music videos, trailers or videos made by users themselves can be accessed via this Internet portal.
The operating company of YouTube is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
Each time one of the individual pages of this Internet site is accessed, which is operated by the data controller and on which a YouTube component (YouTube video) has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective YouTube component to download a representation of the corresponding YouTube component from YouTube. Further information on YouTube can be found at https://www.youtube.com/yt/about/de/ . As part of this technical process, YouTube and Google obtain information about which specific subpage of our website is visited by the data subject.
If the person concerned is logged into YouTube at the same time, YouTube recognises which specific subpage of our website the data subject is visiting by calling up a subpage containing a YouTube video. This information is collected by YouTube and Google and assigned to the respective YouTube account of the person concerned.
YouTube and Google receive information through the YouTube component that the data subject has visited our website whenever that data subject is logged into YouTube at the same time as accessing our website, regardless of whether that data subject clicks on a YouTube video or not. If such transmission of this information to YouTube and Google is not desired by the data subject, the data subject may prevent such transmission by logging out of his/her YouTube account before accessing our website.
The data protection regulations published by YouTube, which are available at https://www.google.de/intl/de/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.
10. Legal basis for the processing
Article 6 I letter a DS-GVO serves our company as the legal basis for processing operations in which 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 the delivery of goods or the provision of other services or consideration, the processing is based on Article 6 I letter b DS-GVO. The same applies to such processing operations as are necessary for the implementation of pre-contractual measures, such as in cases of inquiries about our products or services. If our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Article 6 I letter c DS-GVO. In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our business were to be injured and her or his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Article 6 I letter d DS-GVO. Ultimately, processing operations could be based on Article 6 I letter f DS-GVO. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal foundation if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the data subject do not predominate. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislative entities. In this respect, those bodies took the view that a legitimate interest could be assumed if the data subject is a customer of the data controller (recital 47 sentence 2 DS-GVO).
11. Legitimate processing interests pursued by the data controller or by a third party
If the processing of personal data is based on Article 6 I letter f DS-GVO, our legitimate interest is the conduct of our business for the benefit of all our employees and shareholders.
12. Duration for which the personal data will be stored
The criterion for the duration of the storage of personal data is the respective legal retention period. After expiry of this period, the corresponding data will be routinely deleted unless it is no longer required for the fulfilment or initiation of the contract.
13. Legal or contractual provisions relating to the provision of personal data; necessity of concluding a contract; obligation of the data subject to provide the personal data; possible consequences of not providing the personal data.
We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or may result from contractual provisions (e.g., information on the contractual partner). Sometimes it may be necessary, in order to conclude a contract, for a data subject to provide us with personal data, which we must subsequently process. For example, the data subject is obliged to provide us with personal data when our company concludes a contract with him or her. Failure to provide personal data would mean that the contract could not be concluded with the data subject. Before the data subject provides personal data, the data subject must contact one of our staff members. Our employee 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 a contract, whether there is an obligation to provide the personal data, and what consequences the failure to provide the personal data would have.