Data privacy statement of the Zwickauer Werkzeug- und Sondermaschinenbau GmbH WESOMA
Name and address of the party responsible for the processing
The party responsible within the meaning of the General Data Privacy Regulation (DSGVO/GDPR) is:
Zwickauer Werkzeug- und Sondermaschinenbau GmbH WESOMA
Flurstr. 27
08056 Zwickau
Deutschland
Tel.: 0375 / 274 670
E-Mail: info@wesoma.de
Website: www.wesoma.de
Contact details of our Data Privacy Officer
Christian List
Zwickauer Werkzeug- und Sondermaschinenbau GmbH WESOMA
Flurstr. 27
08056 Zwickau
Deutschland
Tel.: 0375 / 274 670
E-Mail: datenschutz@wesoma.de
Website: www.wesoma.de
Any person affected may, if he or she has any questions or suggestions on data privacy, contact our Data Privacy Officer directly.
A. General information on data processing
1. Purpose and Scope
The processing of personal data, for example the name, address, e-mail address or telephone number of a person concerned, is always carried out in line with the Federal Data Privacy Act (BDSG), the EU General Data Privacy Regulation (GDPR), and any laws which likewise apply. With this data privacy statement, our company would like to provide information on the nature, scope and purpose of the personal data processed by us, and explain to persons concerned what rights they are entitled to assert.
Data privacy is of especially great importance for our company. It is essentially possible to use the website without providing any personal data. Should a particular person wish to make use of special services of our company online, however, it may be necessary to process personal data. Should the processing of personal data be required, and should no legal basis exist for such processing, we will obtain the prior consent of the person concerned.
Our company has implemented numerous technical and organizational measures in order to ensure that any personal data processed is protected as comprehensively as possible. Web-based data transmission may, however, possibly contain security gaps, so that absolute protection cannot be guaranteed.
2. Routine deletion and blocking of personal data
The party responsible for the processing only processes and stores personal data of the person concerned for the period of time which is necessary in order to achieve the purpose of the processing, or in so far as the latter has been stipulated in laws or regulations forming the basis for the processing by the party responsible by the legislative authority. Should the purpose of such storage lapse, or should a storage period prescribed by the legislative authority expire, the personal data is routinely blocked or deleted, in line with the statutory regulations.
3. Legal basis for the processing of personal data
If we obtain the consent of the data subject for the processing of personal data Art. 6 para. 1 lit. a General Data Protection Regulation (GDPR) serves as the legal basis. In the processing of personal data necessary for the fulfilment of a contract with its contracting party the person concerned is required, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies for processing operations that are required to carry out pre-contractual tasks. As far as the processing of personal data for the fulfilment of 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 processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the basis for the processing of personal data as the legal basis. If the processing is necessary for the protection of a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject concerned do not outweigh the the first-mentioned interest, Article 6(1)(f) GDPR serves as the legal basis for processing
B. Provision of the website and creation of log files
1. Gathering general data and information
Every time the website is accessed by a particular person or an automated system, the web server of WESOMA gathers a range of pieces of general data and information. This general data and information is stored in the log files of the server. The browser types and versions used, the operating system used by the accessing system, the website from which an accessing system reaches our website, the sub-pages of the website which are accessed on our website via an accessing system, the date and time of any access to the website, an Internet protocol address (IP address), the Internet Service Provider of the accessing system and any other similar data and information which serves to fend off risk in the event of our IT systems being attacked may be gathered at most for 7 days.
2. 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.
3. Purpose of data processing
Temporary storage of the IP address by the system is necessary for delivery of the website to the user's computer. For this purpose, the IP address of the user must be stored for the duration of the session.
The data is stored in log files to ensure the functionality of the website. In addition, we take the informations to optimise the website and to ensure the security of our website and our IT. An evaluation of the data for marketing purposes does not take place. This is the pupose for our legitimate interest in data processing pursuant to Art. 6 para. 1 lit. f GDPR.
4. 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 if the respective session is over. If the data is stored in log files, they will deletetd after seven days at the longest. A further storage is possible. In this case the IP addresses of the users will be deleted or alienated, so that an assignment of the calling client is no longer possible.
5. The option to make contact via the website
There is no option to make contact via the website.
6. Integration of Google Maps
On this website we use the offer of Google Maps. This enables us to provide you with interactive maps directly on the website and allow you to conveniently use the map function. By visiting the website, Google receives the information that you are visiting the corresponding subpage from our website. In addition, the data referred to in Section IV. 1. of this declaration well be transmitted. This is regardless of whether Google provides a user account through which you are logged in. If you are logged in to Google, your data will be stored directly assigned to your account. If you do not wish to be associated with your profile on Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation (even for users who are not logged in), is carried out to provide demand-oriented advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles. Therefor you have to apply directly to google.
Further information on the purpose and scope of data collection and processing by the plug-in provider can be found in the provider's data protection declarations. There you will also get further Information about your rights in this regard and setting options for the protection of your personal data. Privacy: http://www.google.de/intl/de/policies/privacy. Google processes your personal data in the USA and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
C. Rights of the person concerned
1. The right to receive confirmation
Every person concerned is entitled to request from the person responsible for the processing a confirmation on whether personal details concerning him or her are processed. Should a person concerned wish to lay claim to this right of confirmation, he or she may contact our Data Privacy Officer or any other employee of the party responsible for the processing for that purpose.
2. Right to information
Any person affected by the processing of personal data is entitled to receive the information on the personal data stored on his or her person from the party responsible for the processing, free of charge and be given a copy of such information along with the information cited here:
- The purposes of processing the personal data
- the categories of personal data that is being processed
- the recipient or categories of recipients to whom the personal data has been disclosed or is yet to be disclosed, in particular in the case of recipients in non-EU countries or at international organizations
- if possible, the scheduled duration for which the personal data will be saved, or, if this is not possible, the criteria for laying down such duration
- the existence of a right to correction or deletion of the personal data concerning him or her or to restricting the processing by the party responsible or of a right of opposition against such processing
- the existence of a right to appeal to a regulatory authority
- if the personal data is not gathered from the person concerned: any information available on the origin of the data
- the existence of automated decision making, including profiling pursuant to Article 22(1) and (4) General Data Privacy Regulation (GDPR), and — at least in such cases — meaningful information on the logic involved, as well as the reach, and the effects of such processing aimed for, for the person concerned.
The person concerned moreover has a right to information on whether personal data has been transmitted to a non-EU country or an international organization. Should this be the case, the person concerned shall also be entitled to receive information on the appropriate warranties in connection with the transmission.
Should a person concerned wish to lay claim to such a right to information, he or she may contact our Data Privacy Officer for this purpose at any time.
3. Right to correction
Any person affected by the processing of personal data has the right to demand immediate correction of any incorrect personal data concerning him or her. The person concerned is, furthermore, entitled, taking into account the purpose of the processing, to demand that incomplete personal data is completed - also by way of a supplementary statement. Should a person concerned wish to lay claim to such a right to information, he or she may contact our Data Privacy Officer for this purpose at any time.
4. The right to deletion (the right to be forgotten)
Any person affected by the processing of personal data has the right to demand of the party responsible that the personal data concerning him or her is deleted immediately, if one of the following grounds applies and if the processing is not necessary:
- The personal data has been gathered for such purposes, or processed in another way, for which it is no longer needed.
- The person concerned revokes his or her consent, on which he or she based the processing pursuant to Art. 6(1)(a) General Data Privacy Regulation (GDPR) or Art. 9(2)(a) General Data Privacy Regulation (GDPR), and there is no other legal basis for the processing.
- Pursuant to Art. 21(1) General Data Privacy Regulation (GDPR), the person concerned is filing an opposition to the processing, and there are no overriding justified grounds for the processing, or the person concerned is filing an opposition against the processing pursuant to Art. 21(2) General Data Privacy Regulation (GDPR).
- The personal data has been processed illegitimately.
- The deletion of the personal data is necessary in order to fulfil a legal obligation in accordance with EU law or the law of the Member States to which the party responsible is subject.
- The personal data has been gathered in regard to services offered in the information society pursuant to Art. 8(1) General Data Privacy Regulation (GDPR).
Should one of the above-mentioned grounds apply and an affected person wishes to arrange for the deletion of personal data that is stored with our company, he or she may contact our Data Privacy Officer for this purpose at any time. Our Data Privacy Officer will arrange for the request for deletion to be complied with without delay.
Should the personal data have been published by our company, and should our company, as the party responsible pursuant to Art. 17(1) General Data Privacy Regulation (GDPR), be obliged to delete said personal data, our company shall, taking into account the available technology and the implementation costs, take appropriate steps, also of a technical nature, to inform other parties responsible for the data processing, who process the published personal data, that the person concerned has requested from such other parties responsible for processing the data that all links to said personal data or copies or replications of such personal data be deleted, provided that the processing is not necessary. The Data Privacy Officer will arrange for whatever is necessary in the individual case.
5. Right to limit the processing
Any person affected by the processing of personal data has the right, granted by the Legislator of the respective European Directives and Regulations, to require the party responsible to limit the processing of the data if one of the following prerequisites exists:
- The accuracy of the personal data is disputed by the person concerned, and in fact for a period of time which enables the party responsible to check the accuracy of the personal data.
- The processing is illegitimate, and the person concerned refuses to have the personal data deleted, and instead demands that the use of the personal data be restricted.
- The party responsible no longer requires the personal data for the purposes of the processing, the person concerned does, however, require it to assert, exercise or defend legal claims.
- The person affected has filed an opposition against the processing of the data pursuant to Art. 21(1) General Data Privacy Regulation (GDPR), and it has not yet been established whether the justified grounds of the party responsible outweigh those of the affected person.
Should any of the above-mentioned prerequisites apply and an affected person wish to request that the personal data that is stored with our company be limited, he or she may contact our Data Privacy Officer for this purpose at any time. The Data Privacy Officer will arrange for the processing of the data to be limited.
6. The right to data portability
Any person affected by the processing of personal data is entitled to receive the personal data concerning him or her, which has been provided to a party responsible by the affected person, in a structured, up-to-date and machine-readable format. He or she additionally has the right to transmit such data to a different party responsible, without being hindered by the party responsible, to which or whom the personal data has been provided, as long as the processing is based on the consent pursuant to Art. 6(1)(a) General Data Privacy Regulation (GDPR) or Art. 9(2)(a) General Data Privacy Regulation (GDPR) or an agreement pursuant to Art. 6(1)(b) General Data Privacy Regulation (GDPR), and the processing is undertaken with the aid of automated procedures, as long as the processing is not necessary in order to complete a task that is in the public interest or completed to exercise official authority that has been conferred upon the party responsible.
When exercising his or her right to data portability pursuant to Art. 20(1) General Data Privacy Regulation (GDPR), the person concerned is, moreover, entitled to cause the personal data to be transmitted directly from one party responsible to another party responsible, if the latter is technically feasible, and as long as the rights and freedoms of other persons are not thereby impaired. In order to assert the right to data portability, the person concerned may contact the Data Privacy Officer appointed by us at any time.
7. Right to file an opposition
Any person affected by the processing of personal data has the right, for reasons which arise from his or her particular situation, to file an opposition against the processing of personal data concerning him or her that is being undertaken based on Art. 6(1)(e) or (f) General Data Privacy Regulation (GDPR), at any time. This also applies to any profiling based on these provisions.
In the event of an opposition, our company no longer processes the personal data, unless we can provide evidence of mandatory grounds for the processing, worthy of protection, which outweigh the interests, rights and freedoms of the person concerned, or the processing serves the purpose of asserting, exercising or defending legal claims.
In addition, the person concerned is entitled, for reasons arising from his or her particular situation, to file an opposition against the processing of personal data concerning him or her that is performed by our company for scientific or historic research purposes or for statistical purposes pursuant to Art. 89(1) General Data Privacy Regulation (GDPR), unless such processing is necessary in order to complete a task that falls within the scope of the public interest.
In order to exercise the right of opposition, the person concerned may contact the Data Privacy Officer directly.
Automated decisions in the individual case, including profiling
Any person affected by the processing of personal data has the right not to be subjected to a decision based exclusively on automated processing - including profiling - which develops legal validity in regard to him or her or affects him or her considerably in a similar way, as long as the decision is not required for concluding or fulfilling an agreement between the person concerned and the party responsible, or admissible based on legislation of the Union or the Member States, to which the party responsible is subject.
Should the decision regarding the conclusion or fulfilment of an agreement between the person concerned and the party responsible be required, or should it be taken with the express consent of the person concerned, our company will take appropriate steps to preserve the rights and freedoms of the person concerned, as well as his or her justified interests, which at least includes the right to arrange for the intervention of a person on the part of the party responsible, the right to explain one’s own position and the right to contest the decision.
Should the person concerned wish to assert rights in regard to automated decisions, he or she may, for this purpose, contact our Data Privacy Officer at any time.
9. The right to revocation of any consent under data privacy law
Any person affected by the processing of personal data has the right to revoke any consent given to the processing of personal data at any time. Should the person concerned wish to assert his or her right to revoke any consent granted, he or she may contact our Data Privacy Officer for this purpose at any time.
10. Competent regulatory authority for data privacy
Without prejudice to any other administrative or judicial remedy, you may use the right of appeal to a supervisory authority, in particular in the Member State of residence, of your workplace or the place of suspected infringement, if you believe that the processing of personal data concerning you is in breach of the DSGVO.
The competent regulatory for the WESOMA is:
Der Sächsische Datenschutzbeauftragte
Kontor am Landtag
Devrientstraße 1
01067 Dresden
Telefon: 0351/493-5401
Telefax: 0351/493-5490
Internet: www.datenschutz.sachsen.de
Email: saechsdsb@slt.sachsen.de
11. Amendments to the data privacy provisions
We reserve the right to alter our security and data privacy provisions, should it be necessary due to technological developments. We will, in such cases, also adapt our data privacy statement accordingly. Please note the respective current version of our data privacy statement.
D. Definitions
Our company’s data privacy statement is based on the General Data Privacy Regulation (DSGVO/GDPR). It is formulated so as to be easy to read and understood. In order to ensure this, we are explaining the terms used in advance:
1. Personal data
Personal data is “any information which relates to an identified or identifiable natural person (hereinafter referred to as either ’affected person‘ or ’person concerned‘). A natural person is considered identifiable if he or she can be directly or indirectly identified, in particular by means of being allocated to an identifier, such as a name, an ID number, site data, an online identifier or one or more special features which are the expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of said natural person”.
2. Person concerned/affected person
A person concerned or affected person is any identified or identifiable natural person whose personal data is processed by the party responsible for the processing.
3. Processing
Processing is any procedure carried out with or without the aid of automated methods, or any such sequence of procedures in connection with personal data, such as the gathering, recording, organizing, ordering, storage, adaptation or amendment of data, the reading out of it, querying of it, use, disclosure of it by way of transmission, dissemination or any other form of provision, the comparison or linking of it, or the limitation, deletion or destruction of it.
4. Limitation of processing
Limitation of processing means the marking of stored personal data with the aim of limiting its future processing.
5. Profiling
Profiling means any kind of automated processing of personal data where such personal data is used to assess certain personal aspects relating to a natural person, in particular in order to analyze or predict aspects in regard to work performance, economic position, health, personal preferences, interests, reliability, conduct, place of residence or change of location of such natural person.
6. Pseudonymization
Pseudonymization means processing personal data in the case where the personal data can no longer be assigned to a specific person concerned without drawing upon additional information. Such additional information that is subject to the technical and organizational measures is stored separately and it is thus guaranteed that the personal data cannot be allocated to an identified or identifiable natural person.
7. Responsible party or party responsible for the processing
The party responsible, or the party responsible for processing the information is the natural or legal person, authority, institution or other body which decides, either alone or together with others, for the purpose and means of processing personal data.
8. Contract data processor
A contract data processor is a natural or legal person, authority, institution or other body which processes personal data on behalf of the party responsible.
9. Recipient
The recipient is a natural or legal person, authority, institution or other body to whom or which personal data is disclosed, irrespective of whether the latter is a third party or not. Authorities which may receive personal data in the context of a particular investigation mandate under EU law or the law of the Member States are not, however, deemed recipients.
10. Third party
A third party is a natural or legal person, authority, institution or other body other than the person concerned, the responsible party, the contract data processor and the persons who are authorized under the direct responsibility of the party responsible or the contract data processor, to process the personal data.
11 Consent
Consent means any expression of intent in the form of a declaration or any other clear confirmatory action voluntarily submitted by the person concerned in regard to the particular case in an informed way and unmistakably, with which the person concerned makes it understood that he or she is in agreement with the processing of the personal data concerning him or her.
Zwickau, May 2018