We are very pleased about your interest in our company. The management of AUWEKO GmbH attaches particular importance to data protection. AUWEKO GmbH’s website can be used without providing any personal data. However, if a data subject wishes to use special services of our company via our website, it may be necessary to process personal data. If it is necessary to process personal data and there is no legal basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, for example the name, address, e-mail address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in compliance with country-specific data protection regulations applicable to AUWEKO GmbH. By means of this privacy statement, our company wishes to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. In addition, this privacy statement is intended to inform data subjects about the rights they have.
As the data controller, AUWEKO GmbH has implemented numerous technical and organisational measures to ensure that the personal data processed via this website is protected as completely as possible. Nevertheless, web-based data transmissions can generally have 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 by telephone.
AUWEKO GmbH‘s privacy statement is based on the terms used by the European directives and regulations legislator when the General Data Protection Regulation (GDPR) was issued. Our privacy statement should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would, at the outset, like to explain the terms used.
We use the following terms, among others:
a) Personal Data
“Personal Data” means any information relating to an identified or identifiable natural person (“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.
b) Data Subject
“Data Subject” means any identified or identifiable natural person whose personal data is processed by the data controller.
“Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of Processing
“Restriction of Processing” means the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
“Pseudonymisation” means the processing of personal data in such a manner 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 organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
“Controller” means 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 or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
“Recipient” means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
j) Third Party
“Third Party” means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
“Consent” of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and address of the controller
Controller under the General Data Protection Regulation, other data protection regulations and other provisions that apply in European Union member states is:
By using cookies, AUWEKO GmbH can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.
The data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting of the web 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 a web browser or other software programs. This is possible in all common web browsers. If the person concerned deactivates the setting of cookies in the web browser used, it is possible that not all functions of our website can be fully used.
4. Collection of general data and information
AUWEKO GmbH's website records a range of general data and information each time a person or automated system accesses the website. This general data and information is stored in the server's log files. The following can be recorded: (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 which serve to defend against danger in case of attacks on our information technology systems.
AUWEKO GmbH does not attribute this general data and information to the data subject. Rather, this information is required in order to (1) deliver the contents of our website correctly, (2) optimise the contents of our website and the advertising for it, (3) ensure the permanent operability of our information technology systems and the technology of our website, and (4) 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 analysed by AUWEKO 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 processed by us. The anonymous data in the server log files are stored separately from all personal data provided by a data subject.
5. Contact via the website
Due to legal requirements, the AUWEKO GmbH website contains information that facilitates swift 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 is automatically stored. Such personal data transmitted voluntarily by a data subject to the controller is stored for the purposes of processing or contacting the data subject. Such personal data will not be disclosed to third parties.
6. Regular erasure and blocking of personal data
The controller will process and store personal data relating to the data subject only for the time necessary to achieve the purpose for which the data is stored, or where provided for by the European directives and regulations legislator or any other law or regulation to which the controller is subject.
If the purpose of storage ceases to apply, or if a storage period prescribed by the European directives and regulations legislator or any other competent legislator expires, the personal data will be blocked or erased as a routine matter in accordance with the law.
7. Rights of the data subject
Every data subject has the right, granted by the European directives and regulations legislator, to obtain information from the controller as to whether personal data relating to him are being processed. If a data subject wishes to exercise this right of information, he or she may at any time contact a staff member of the controller.
Every data subject has the right granted by the European directives and regulations legislator to obtain at any time and free of charge from the controller information on personal data relating to him/her and a copy thereof. Furthermore, the European directives and regulations legislator has granted the data subject access to the following information:
the processing purposes
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 to recipients in third countries or to 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 of rectification or erasure of personal data relating to them or of a right of objection to their processing by the controller
the existence of a right to lodge a complaint with 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(1) and (4) GDPR 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 shall also have the right to obtain information as to whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate safeguards in relation to the transfer.
If a data subject wishes to exercise this right of access, he or she may at any time contact a staff member of the controller.
Every data subject who is subject to the processing of personal data has the right, granted by the European directives and regulations legislator, to request the immediate rectification of incorrect personal data concerning him. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.
If a data subject wishes to exercise this right of rectification, he or she may at any time contact a staff member of the controller.
d) Erasure (right to be forgotten)
Every data subject has the right granted by the European directives and regulations legislator to obtain from the controller the immediate erasure of personal data relating to him/her, where one of the following reasons applies and provided that the processing is not necessary:
personal data have been collected or otherwise processed for purposes for which they are no longer necessary
The data subject withdraws the consent on which the processing was based, pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal basis for the processing.
The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate reasons for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
The personal data were processed unlawfully.
The deletion of the personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
The personal data was collected in relation to information society services offered in accordance with Article 8(1) GDPR.
If one of the above reasons applies and a data subject wishes to have personal data stored by AUWEKO GmbH erased, he/she can contact a staff member of the data controller at any time. The staff member of AUWEKO GmbH will ensure that the request for erasure is complied with immediately.
If the personal data has been made public by AUWEKO GmbH and our company as the controller is obliged to erase the personal data in accordance with Article 17(1) GDPR, AUWEKO GmbH shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data controllers who process the published personal data that the data subject has requested that all links to this personal data or copies or replications of this personal data be erased by these other data controllers, unless the processing is necessary. The staff member employee of AUWEKO GmbH will take the necessary steps in individual cases.
e) Restriction of processing
Every data subject shall have the right granted by the European directives and regulations legislator to demand that the controller restrict the processing of personal data 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 sufficient to enable the controller to verify the accuracy of the personal data.
The processing is unlawful, the data subject refuses to have the personal data erased and instead requests 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 them in order to assert, exercise or defend legal claims.
The data subject has lodged an objection to the processing in accordance with Article 21(1) GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh those by the data subject.
If one of the above-mentioned conditions is met and a data subject wishes to request the restriction of personal data stored at AUWEKO GmbH, he/she can contact a staff member of the data controller at any time. The staff member of AUWEKO GmbH will arrange for the restriction of processing.
f) Data portability
Any person affected by the processing of personal data has the right, granted by the European directives and regulations legislator, to receive the personal data concerning him/her which have been made available by the data subject to a data controller in a structured, common and machine-readable format. He/she also has the right to have this data communicated to another controller without hindrance by the controller to whom the personal data has been made available, provided that the processing is based on the consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR and that the processing is carried out by means of automated procedures, 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, when exercising their right to data portability in accordance with Article 20(1) GDPR, the data subject is entitled to demand that personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.
In order to assert the right to data transfer, the data subject may contact a staff member of AUWEKO GmbH at any time.
Every data subject has the right, granted by the European directives and regulations legislator, to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her under Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.
In the event of an objection, AUWEKO GmbH will no longer process the personal data unless we can demonstrate compelling reasons for processing which are worthy of protection and which outweigh the interests, rights and freedoms of the data subject, or unless the processing serves to assert, exercise or defend legal claims.
If AUWEKO GmbH processes personal data in order to carry out 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, insofar as it is connected with such direct advertising. If the data subject objects to AUWEKO GmbH processing for the purposes of direct advertising, AUWEKO GmbH will no longer process the personal data for these purposes.
In addition, the data subject shall have the right to object, for reasons arising from his or her particular situation, to the processing of personal data relating to him or her that is carried out by AUWEKO GmbH for scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) GDPR, unless such processing is necessary for the performance of a task in the public interest.
In order to exercise the right to object, the data subject may contact any staff member of AUWEKO GmbH or any other employee directly. Furthermore, in connection with the use of information society services, the data subject is free to exercise his right to object by means of automated procedures involving technical specifications, notwithstanding Directive 2002/58/EC.
h) Automated decision-making in individual cases including profiling
Every data subject shall have the right as granted by the European directives and regulations legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or significantly affects him or her in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by Union or national law to which the controller is subject and that such law provides for adequate safeguards with respect to the rights and freedoms and legitimate interests of the data subject, or (3) is taken with the express consent of the data subject.
Where the decision is (1) necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is taken with the express consent of the data subject, AUWEKO GmbH shall take appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, including at least the right to obtain the intervention of a person from the controller, to put forward his point of view and to challenge the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time contact a staff member of the controller.
i) Right to withdraw consent to processing
Every data subject has the right, granted by the European directives and regulations legislator, to withdraw his or her 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 at any time contact a staff member of the controller.
8. Use of Google Analytics (with anonymisation)
The data controller has integrated the Google Analytics component (with anonymisation function) on this website. Google Analytics is a web analysis service. Web analysis is the collection and evaluation of data on the use of websites by visitors. Among other things, a web analysis service collects data about the website a data subject accessed before (so-called referrers), which subpages of the website were accessed or how often and for how long a subpage was viewed. A web analysis is mainly used to optimise a website and for cost-benefit analysis of internet advertising.
The operating company of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.
The data controller uses the addition "_gat._anonymizeIp" for web analysis via Google Analytics. By means of this addition, the IP address of the data subject's internet connection is shortened by Google and made anonymous if our website is accessed from a member state of the European Union or from another state that is a signatory to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyse the flow of visitors to our website. Google uses the data and information obtained to evaluate the use of our website, among other things, to compile online reports for us which show the activities on our website and to provide further services in connection with the use of our website.
Google Analytics sets a cookie on the information technology system of the data subject. What cookies are has already been explained above. By setting the cookie, Google is able to analyse the use of our website. Each time one of the individual pages of this website, which is operated by the person responsible for processing and on which a Google Analytics component has been integrated, is accessed, the web browser on the information technology system of the data subject is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. In the course of this technical process, Google obtains knowledge of personal data, such as the IP address of the data subject, which Google uses, among other things, to trace the origin of visitors and clicks and subsequently to enable commission settlements.
Cookies are used to store personal information, such as the time of access, the location from which access was made and the frequency of visits to our website by the data subject. Each time our website is visited, this 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 pass on this personal data collected via the technical process to third parties.
The data subject can prevent the setting of cookies by our website, as described above, at any time by means of a corresponding setting in the web browser used and thus permanently object to the setting of cookies. Such a setting of the web browser used would also prevent Google from setting a cookie on the data subject's information technology system. In addition, a cookie already set by Google Analytics can be erased at any time via the web browser or other software programs.
9. Use of Google-AdWords
The data controller has integrated Google AdWords on this website. Google AdWords is an internet advertising service that allows advertisers to display ads in Google's search engine results as well as in the Google advertising network. Google AdWords allows an advertiser to specify pre-defined keywords that will cause an ad to appear 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 theme-relevant websites by means of an automatic algorithm and in accordance with the previously defined keywords.
The operating company of the Google AdWords services is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.
The purpose of Google AdWords is to advertise our website by displaying relevant advertising on the websites of third party companies and in the search engine results of the Google search engine and by displaying third-party advertising on our website.
If a data subject reaches our website via a Google ad, 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. If the cookie has not expired, the conversion cookie is used to determine whether certain sub-pages, such as the shopping cart from an online shop system, have been accessed on our website. The conversion cookie enables both us and Google to track whether a data subject who reached our website via an AdWords ad generated sales, i.e. whether he or she made or abandoned a purchase.
The data and information collected through the use of the conversion cookie is used by Google to create visitor statistics for our website. These visitor 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 optimize our AdWords ads for the future. Neither our company nor other Google AdWords advertisers receive any information from Google that could be used to identify the data subject.
The conversion cookie is used to store personal information, such as the websites visited by the data subject. Whenever our website is accessed, 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 pass on this personal data collected via the technical process to third parties.
The data subject can prevent the setting of cookies by our website, as described above, at any time by means of a corresponding setting in the web browser used and thus permanently object to the setting of cookies. Such a setting of the web browser used would also prevent Google from setting a conversion cookie on the data subject's information technology system. In addition, a cookie already set by Google AdWords can be erased at any time via the web browser or other software programs.
Furthermore, the data subject has the option of objecting to interest-based advertising by Google. To do so, the data subject must access https://adssettings.google.de from any of the web browsers he or she uses and make the desired settings there.
10. Google Web Fonts
Google Web Fonts
This page uses so-called web fonts, which are provided by Google, for the uniform representation of fonts. When accessing a page, your browser loads the required web fonts into your browser cache to display texts and fonts correctly.
For this purpose, the browser you use must connect to Google’s servers. As a result, Google becomes aware that our website has been accessed via your IP address. The use of Google Web Fonts is in the interest of a uniform and appealing presentation of our online offers. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR.
If your browser does not support web fonts, a default font will be used by your computer.
11. Use of YouTube
The data controller has integrated components of YouTube into this website. YouTube is an internet video portal that allows video publishers to post video clips for free and other users to view, rate and comment on them, also free of charge. YouTube allows the publication of all types of videos, which is why complete film and television programmes, but also music videos, trailers or videos created by users themselves can be accessed via the Internet portal.
YouTube is operated by Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.
Each time the data subject accesses one of the individual pages of this website operated by the data controller and on which a YouTube component (YouTube video) has been integrated, the web browser on the data subject's IT system is automatically prompted by the relevant YouTube component to download a representation of the relevant 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 are informed as to which specific subpage of our website is visited by the data subject.
If the data subject is logged on to YouTube at the same time, YouTube recognizes which specific page of our website the data subject is visiting by calling up a page containing a YouTube video. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.
YouTube and Google receive information through the YouTube component that the data subject has visited our website whenever the data subject is logged on to YouTube at the same time when he or she visits our website, regardless of whether or not the data subject clicks on a YouTube video. If the data subject does not want this information to be sent to YouTube and Google, he or she can prevent it from being sent by logging out of his or her YouTube account before visiting our website.
12. Legal basis for processing
Article 6(1)(a) GDPR serves our company as a legal basis for processing operations for 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 necessary for the supply of goods or the provision of another service or consideration, the processing is based on Article 6(1)(b) GDPR. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which makes it necessary to process personal data, for example to meet tax obligations, the processing is based on Article 6(1)(c) GDPR. In rare cases, the processing of personal data may be 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 company was injured and his or her name, age, health insurance details or other vital information had to be disclosed to a doctor, hospital or other third party. The processing would then be based on Article 6(1)(d) GDPR. Finally, processing operations could be based on Article 6(1)(f) GDPR. Processing operations which are not covered by any of the above legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been 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 sentence 2 GDPR).
13. Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders.
14. Duration for which personal data are stored
The criterion for the duration of storage of personal data is the respective legal retention period. After expiry of this period, the corresponding data is routinely erased, provided that it is no longer required for performing or inducing a contract.
15. Legal or contractual provisions making the personal data available; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also arise from contractual regulations (e.g. details of the contracting party). Sometimes it may be necessary for a contract to be concluded that a data subject provides us with personal data, which 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. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before the data subject makes personal data available, the data subject must contact one of our employees. 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 the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.
16. Automated decision-making
As a reasonable company, we refrain from automated decision-making or profiling.
This privacy statement was created by the Privacy Statement Generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as External Data Protection Officer Straubing, in cooperation with Christian Solmecke, lawyer for data protection law.