Data protection declaration according to the GDPR

I. Name and address of the persons who are responsible

The person responsible within the meaning of the Basic Data Protection Regulation and other national data protection laws of the member states as well as other provisions of data protection law is the Data Protection Officer:

Duck-Tec Brüterei GmbH
Bergholzer Straße 6
14806 Bad Belzig
Tel. 03 38 41 4 51 80
www.duck-tec.de

CEO: Marko Kilz
Registered at Potsdam Local Court
HRB 16757 P
VAT ID No.: DE 220656985

E-Mail: info@duck-tec.de

II. Contact address of the data protection officer

The data protection officer of the responsible person can be reached at:

FB Datenschutz
Paul-Wesjohann-Straße 45
D – 49429 Visbek

Phone 0 44 45 / 891 – 0
E-Mail: datenschutz@gvo-ds.de

III. General information on data processing

  1. Scope of the processing of personal data
    We collect and use the personal data of our users only to the extent necessary to provide a functional website and our content and services. The collection and use of personal data of our users takes place regularly only with the consent of the user. An exception applies in those cases where prior consent cannot be obtained for real reasons and the processing of the data is permitted by law.
  2. Legal basis for the processing of personal data
    Insofar as we obtain the consent of the data subject for processing personal data, Art. 6 Para. 1 lit. a EU Data Protection Basic Regulation (GDPR) serves as the legal basis.
    In the processing of personal data required for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.
    Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.
    In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6(1)(d) GDPR serves as the legal basis.
    In the event of the initiation, execution or termination of an employment relationship that requires the processing of personal data, Art. 88 GDPR (Data Processing in the Employment Context) and § 26 BDSG-neu (Data Processing for Employment Purposes) serve as the legal basis.
    If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for processing.
  3. Data erasure and storage duration
    The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage no longer applies. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.

IV. Provision of the website and creation of log files

  1. Description and scope of data processing Each time you access our website, our system automatically collects data and information from the computer system of the accessing computer.

The following data will be collected:
(1) Information about the browser type and the version used

(2) The user’s operating system

(3) The User’s Internet Service Provider

(4) The IP address of the user

(5) Date and time of access

(6) Websites from which the User’s system accesses our Website

(7) Websites accessed by the User’s system through our Website

The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.

  1. Legal basis for data processing
    The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR.
  2. Purpose of data processing
    The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the IP address of the user must remain stored for the duration of the session.

The data is stored in log files in order to ensure the functionality of the website. The data is also used to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

These purposes also include our legitimate interest in data processing pursuant to Art. 6 para. 1 lit. f GDPR.

  1. Duration of storage
    The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

If the data is stored in log files, this is the case after seven days at the latest. Storage beyond this is possible. In this case, the IP addresses of the users are deleted or alienated so that an assignment of the calling client is no longer possible.

  1. Possibility of opposition and removal
    The collection of data for the provision of the website and the storage of data in log files is mandatory for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

V. Use of cookies

  1. a) Description and scope of data processing Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system.

 When a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.
We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.

The following data is stored and transmitted in the cookies:

(1) Language settings

(2) Log-in information

We also use cookies on our website, which enable us to analyse the surfing behaviour of our users.
In this way the following data can be transmitted:

(1) Entered search terms

(2) Frequency of page views

(3) Use of website functions

The user data collected in this way is pseudonymized by technical precautions. Therefore, it is no longer possible to assign the data to the calling user. The data are not stored together with other personal data of the users.
When you visit our website, an information banner informs you about the use of cookies for analysis purposes and refers you to this privacy statement. In this context, there is also an indication as to how the storage of cookies in the browser settings can be prevented.

When calling up our website, the user is informed about the use of cookies for analysis purposes and his consent to the processing of the personal data used in this context is obtained. In this context there is also a reference to this data protection declaration.

  1. b) Legal basis for data processing

The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 lit. f GDPR.
The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.

  1. c) Purpose of data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these it is necessary that the browser is recognized also after a page change.
We need cookies for the following applications:

(1) Accepting language settings

(2) Remembering search terms

The user data collected by technically necessary cookies are not used to create user profiles.
The analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies, we learn how the website is used and can thus constantly optimize our offer.
1 lit. f GDPR.

  1. e) Duration of storage, possibility of objection and disposal

Cookies are stored on the user’s computer and transmitted to our site by the user. Therefore, you as a user also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that not all functions of the website can be used to the full extent.

VI. Email contact

  1. Description and scope of data processing
    There is a contact e-mail on our website which can be used for electronic contact. If a user makes use of this option, the data will be transmitted to us and stored.

At the time the message is sent, the following data will also be stored:

(1) The IP address of the user

(2) Date and time of registration

Your consent will be obtained for the processing of the data as part of the sending process and reference will be made to this data protection declaration.

In the case of general enquiries, the data will not be passed on to third parties in this context. The data will be used exclusively for the processing of the conversation.
In the event of press enquiries, the data will be forwarded in this connection to Engel & Zimmermann AG Unternehmensberatung für Kommunikation Schloss Fußberg, Am Schlosspark 15, D – 82131 Gauting. The data will be used exclusively for the processing of the conversation.
In the case of unsolicited applications, the data is passed on to the personnel departments of our group of companies.

 The data will be used exclusively for the processing of the conversation.
In the event of a complaint, we forward the data exclusively to the corresponding quality assurance department of our group of companies. This then responds to the complaint.

  1. Legal basis for data processing
    The legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR if the user has given his consent.

The legal basis for processing the data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f GDPR. If the purpose of the e-mail contact is to conclude a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.

  1. Purpose of data processing
    The processing of the personal data from the input mask serves us exclusively for the processing of the establishment of contact. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in the processing of the data.
    The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.
  2. Duration of storage
    The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation ends when it can be inferred from the circumstances that the facts in question have been conclusively clarified.

The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

  1. Possibility of opposition and removal
    The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time by sending an e-mail to info@phw-gruppe.de . In such a case, the conversation cannot be continued.
    In this case, all personal data stored in the course of establishing contact will be deleted.

VII. Web analysis by Google Analytics

  1. Scope of the processing of personal data
    This website uses Google Analytics, a web analysis service of Google Inc, (1600 Amphitheatre Parkway Mountain View, CA 94043, USA; “Google”). The usage includes the operating mode “Universal Analytics”. This makes it possible to assign data, sessions and interactions across multiple devices to a pseudonymous user ID and thus analyze the activities of a user across devices. This privacy notice is provided by www.intersoft-consulting.de.
    Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. As part of the activation of IP anonymization on this website, your IP address will be truncated by Google within member states of the European Union or other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage to the website operator. Our legitimate interest in data processing also lies in these purposes. The legal basis for the use of Google Analytics is § 15 para. 3 TMG or Art. 6 para. 1 lit. f GDPR.
  2. Legal basis for the processing of personal data
    The legal basis for the processing of users’ personal data is Art. 6 para. 1 lit. f GDPR.
  3. Purpose of data processing
    The processing of users’ personal data enables us to analyze the surfing behavior of our users. By evaluating the data collected, we are able to compile information about the use of the individual components of our website. This helps us to constantly improve our website and its usability. In these purposes our legitimate interest also lies in the processing of the data in accordance with Art. 6 Para. 1 lit. f GDPR. By anonymizing the IP address, the interest of users in the protection of their personal data is sufficiently taken into account.
  4. Duration of storage
    The data sent by us and linked to cookies, user IDs (e.g. user ID) or advertising IDs are automatically deleted after 14 months. Data whose retention period has been reached is automatically deleted once a month. Further information on the terms of use and data protection can be found at https://www.google.com/analytics/terms/de.html or https://policies.google.com/?hl=en.
  5. Possibility of opposition and removal
    Cookies are stored on the user’s computer and transmitted to our site by the user. Therefore, you as a user also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically.
    You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and Google from processing this data by downloading and installing the browser add-on. Opt-out cookies prevent the future collection of your data when you visit this website. To prevent Universal Analytics from capturing across multiple devices, you must opt-out on all systems in use. If you click here, the opt-out cookie will be set: Disable Google Analytics

VIII. Rights of the data subject

If personal data are processed by you, you are affected in the sense of DSGVO and you have the following rights against the person responsible:

  1. Right to information

    You can request confirmation from the person responsible as to whether personal data relating to you will be processed by us. In the event of such processing, you may request the following information from the data controller:

(1) the purposes for which the personal data are processed;

(2) the categories of personal data processed;

(3) the recipients or categories of recipients to whom the personal data relating to you have been or will be disclosed;

(4) the planned duration of the retention of the personal data relating to you or, if it is not possible to provide specific information in this regard, criteria for determining the retention period;

(5) the existence of a right to rectify or delete personal data concerning you, a right to limit the processing by the controller or a right to object to such processing;

(6) the existence of a right of appeal to a supervisory authority;

(7) all available information on the origin of the data, if the personal data are not collected from the data subject;

(8) the existence of automated decision-making including profiling in accordance with Art. 22 (1) and (4) GDPR and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing on the data subject.
You have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transfer.

  1. Right to rectification
    You have the right to have your personal data corrected and/or completed by the data controller if the personal data processed concerning you is inaccurate or incomplete. The person responsible must carry out the correction immediately.
  2. Right to limitation of processing
    Under the following conditions, you may request that the processing of your personal data be restricted:

(1) if you dispute the accuracy of the personal data concerning you for a period of time which enables the person responsible to verify the accuracy of the personal data;

(2) the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;

(3) the controller no longer needs the personal data for the purposes of the processing, but you need them for the assertion, exercise or defense of legal claims, or

(4) if you have objected to the processing pursuant to Art. 21 para. 1 GDPR and it has not yet been established whether the legitimate reasons of the data controller outweigh your reasons.

Where the processing of personal data concerning you has been restricted, such data may not be processed, with the exception of their storage, without your consent or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or for reasons of an important public interest of the Union or of a Member State.
If the processing restriction has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

  1. Right to deletion
    a) Obligation to delete You may request the data controller to delete the personal data concerning you immediately and the data controller is obliged to delete this data immediately if one of the following reasons applies:

(1) The personal data relating to you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR was based and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing or you object to the processing pursuant to Art. 21 para. 2 GDPR .
(4) The personal data concerning you have been processed unlawfully.
(5) The deletion of personal data concerning you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.
(6) The personal data relating to you have been collected in relation to information society services offered pursuant to Art. 8 para. 1 GDPR.

  1. b) Information to third parties

If the person responsible has made the personal data concerning you public and is obliged to delete them in accordance with Art. 17 (1) GDPR , he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform the persons responsible for data processing who process the personal data that you, as the person concerned, have requested them to delete all links to this personal data or copies or replications of this personal data.

  1. c) Exceptions

The right to deletion does not exist if the processing is necessary.

(1) the exercise of freedom of expression and information;

(2) to fulfil a legal obligation which processing is subject to under the law of the Union or of the Member States to which the controller is subject or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;

(3) for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i as well as Art. 9 para. 3 GDPR;

(4) for archive purposes in the public interest, scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 GDPR, insofar as the law referred to under a) is likely to make it impossible or seriously impair the attainment of the objectives of such processing, or

(5) to assert, exercise or defend legal claims.

  1. Right to information
    If you have exercised your right to rectify, cancel or limit the processing of your personal data against the controller, the latter is obliged to notify all recipients to whom the personal data concerning you have been disclosed of such rectification, cancellation or limitation, unless this proves impossible or involves a disproportionate effort.

The person responsible shall have the right to be informed of such recipients.

  1. Right to data transferability

You have the right to receive the personal data concerning you that you have provided to the responsible person in a structured, common and machine-readable format. In addition, you have the right to communicate this data to another data controller without being hindered by the controller to whom the personal data was provided, provided that

(1) the processing is based on a consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and

(2) the processing is carried out by automated means.

In exercising this right, you also have the right to request that the personal data concerning you be transmitted directly by one responsible person to another responsible person, insofar as this is technically feasible.

 Freedoms and rights of other persons must not be affected by this.
The right to transferability shall not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority conferred on the controller.

  1. Right of objection
    You have the right, for reasons related to your particular situation, to object at any time to the processing of your personal data carried out pursuant to art. 6 par. 1 lit. e or f GDPR, including profiling based on these provisions. The controller will no longer process the personal data relating to you unless he can prove compelling reasons for processing worthy of protection which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
    If the personal data concerning you are processed for the purpose of direct advertising, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling to the extent that it is connected with such direct advertising.
    If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
    You have the possibility to exercise your 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.
  1. Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent shall not affect the legality of the processing carried out on the basis of the consent until revocation.

  1. Automated decision in individual cases including profiling

You have the right not to be subject to any decision based solely on automated processing, including profiling, that has any legal effect on you or similarly significantly affects you.

 This shall not apply if the decision

(1) is necessary for the conclusion or performance of a contract between you and the person responsible,

(2) is authorized by legislation of the Union or of the Member States to which the person responsible is subject and contains appropriate measures to safeguard your rights and freedoms and your legitimate interests; or

(3) with your express consent.

However, these decisions may not be based on special categories of personal data under Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.

In the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms and your legitimate interests, including at least the right of the controller to obtain the intervention of a person, to present his or her point of view and to contest the decision.

  1. Right of appeal to a supervisory authority
    Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your residence, place of work or place of alleged infringement, if you consider that the processing of your personal data is in breach of the GDPR.
    The supervisory authority to which the complaint was submitted shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.