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German Privacy policy – English language version

Thank you for visiting our WEBSITE or our social media presence and for your interest in our products & solutions.

Privacy Policy (information on data protection regarding our data processing in accordance with Articles 13, 14 and 21 of the General Data Protection Regulation)

 The protection of your personal data is very important to us. In the following we inform you in accordance with Art. 13, 14 and 21 of the General Data Protection Regulation (GDPR) about how we handle your personal data when you use our website and the technical embedded Webshop at  https://www.rodcraft.com/de and www.rodcraft.de (hereinafter: "WEBSITE”) and our social media presence (hereinafter: "PRESENCE").

Personal data is individual information about personal or factual circumstances of a specific or determinable natural person. According to Art.4 para. 1 GDPR this includes information such as name, address, telephone number and date of birth.

 

  1. Controller

Desoutter GmbH

Edmund-Seng-Str. 3-5

63477 Maintal

Telefon: 06181 - 411 999

E-Mail: desoutter.gmbh@desouttertools.com

 

  1. Data Protection Officer

Silvia C. Bauer

– Datenschutzbeauftragte –

c/o Desoutter GmbH

Edmund-Seng-Str. 3-5

63477 Maintal

Telefon: 06181 - 411 999

E-Mail: datenschutz@luther-lawfirm.com

 

  1. Purposes and Legal Bases of the Data Processing when using the WEBSITE

3.1. Informational Use of the WEBSITE

If you use our WEBSITE for information purposes only, i.e. do not register, place an order or otherwise provide us with information about yourself, we do not process any personal data, with the exception of the data transmitted by your browser, in order to enable you to visit the WEBSITE, as well as information which is transmitted to us in the context of used cookies.

 

3.1.1   Technical Provision of the WEBSITE

For the purpose of technical provision of the WEBSITE, our system (i.e. the web server) automatically collects information from your browser each time you access the WEBSITE.

The temporary storage of your IP address by our system is necessary to enable the WEBSITE to be delivered to your computer. For this purpose, the user's IP address must be saved for the duration of the session.

The IP address is stored in the log files to ensure the functionality of our WEBSITE. In addition, this data serves us to optimize the WEBSITE and to ensure the security of our information technology systems (e.g. attack detection). In addition, the data is evaluated for marketing purposes in connection with the tools mentioned under section 3.1.2 “Analysis and Tracking”.

The following information is collected:

  • IP address;
  • browser type/version (e.g.: Firefox 59.0.2 (64 Bit));
  • browser language (e.g.: German);
  • used operating system (e.g.: Windows 10);
  • internal resolution of the browser window;
  • screen resolution;
  • JavaScript activation;
  • Java on / off;
  • Cookies on / off;
  • color depth;
  • time of access
  • the previous WEBSITE from which you reached us.

Furthermore, we use cookies to make our WEBSITE available for your use. Cookies are text files that are stored on your computer system in the Internet browser or by the Internet browser when you access a website. A cookie contains a characteristic string of characters that enables the browser to be uniquely identified when you return to the WEBSITE. Among other things, we use these cookies to make our WEBSITE and its technical functions available to you. Some functions of our WEBSITE cannot be offered without the use of cookies. The following information is stored in the cookies and transmitted to us:

  • The language you have selected on our WEBSITE,
  • an identification code of the service providers we use so that you can be recognized when you visit our WEBSITE again.

Further information on the handling of cookies can be found in the help pages of the browser used and for example on the WEBSITE of http://www.allaboutcookies.org/ge/.

We process your personal data for the technical provision of our WEBSITE on the following legal basis:

  • to protect our legitimate interests in accordance with Art. 6 para. 1 lit. f GDPR in order to make the WEBSITE technically available to you.

 

3.1.2   Analysis and Tracking

For the purpose of analyzing and tracking the use of our WEBSITE, we or the service providers working for us use cookies that enable an evaluation of your surfing behavior. This enables us to improve the quality of our WEBSITE and its contents. We learn how the WEBSITE are being used and can thus constantly optimize our offering.

Web analysis is the collection and evaluation of data on the behavior of visitors to WEBSITE. Among other things, a web analysis service collects data about the WEBSITE from which a person concerned came to a WEBSITE (so-called referrer), which subpages of the WEBSITE were accessed or how often and for how long a subpage was viewed. A web analysis is regularly used to optimize a WEBSITE and to carry out a cost-benefit analysis of internet advertising. It is also possible that the information obtained from the analyses and tracking of our WEBSITE is combined with your other data collected during the use of the WEBSITE.

We process your personal data on the following legal basis:

  • Your consent in accordance with Art. 6 para. 1 lit. a GDPR and § 15 sec. 3 TMG;
  • to protect our legitimate interests in accordance with Art. 6 para. 1 lit. f GDPR, our legitimate interest is to analyze the traffic on our WEBSITE in order to be able to constantly adapt our quality and our marketing, and the economic interest of being able to provide you with targeted offers and information that correspond to your interests.

 

3.1.2.1      Google Analytics

On our WEBSITE we use Google Analytics, a web analysis service of Google Inc. Google Analytics uses cookies to analyze how you use the WEBSITE. The information collected by the cookie about your use of our WEBSITE is usually transferred to a Google server in the USA and stored there.

On our behalf, Google will use this information to evaluate your use of the WEBSITE, to compile reports on WEBSITE activities and to provide us with further services related to WEBSITE and internet use. The IP address transmitted by your browser within the scope of Google Analytics is not combined with other data from Google.

Revocation of your consent

We use Google Analytics exclusively with your consent. You can withdraw a once given consent, by

  • preventing the storage of cookies by means of a corresponding setting in your browser software; however, we would like to point out that in this case you may not be able to use all functions of our WEBSITE to their full extent;
  • downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

Further information on the terms of use and data protection of or with Google Analytics can be found at http://www.google.com/analytics/terms/de.html or at https://www.google.de/intl/de/policies/

 

3.1.2.2      Google Adwords Remarketing

We use Google Adwords Remarketing to promote our WEBSITE in Google search results and on third party Website. For this purpose, the so-called remarketing cookie is set by Google when visiting our WEBSITE or the Google Analytics cookie is used additionally. In this case, both cookies automatically enable interest-based advertising by means of a pseudonymous cookie ID and on the basis of the Website you visit.

The use of these tools serves to protect our legitimate, predominant interests in the optimal marketing of our WEBSITE in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR. After the purpose and the use of Google services by us have ended, the data collected in this context will be deleted.

Any further processing of data will only take place if you have consented to Google linking your web and app browsing history to your Google Account and using information from your Google Account to personalize advertisements you see on the web. In this case, if you are logged in to Google while visiting our WEBSITE, Google will use your data together with Google Analytics data to create and define target group lists for cross-device remarketing. For this purpose, Google temporarily links your personal data with Google Analytics data to form target groups.

Withdrawal of your consent

We use Google Adwords Remarketing exclusively with your consent. You can revoke a once given consent, by:

Further information on the terms of use and data protection of or with Google Adwords Remarketing can be found at https://www.google.de/intl/de/policies/           

 

3.1.2.3      Google Ads DoubleClick

On our WEBSITE, we also use Google Ads DoubleClick to register and report your actions on the same after you viewed or clicked on one of a provider's advertisements, for the purpose of measuring the effectiveness of an advertisement and displaying targeted advertising to you. For this purpose, the so-called DoubleClick cookie is set by Google when you visit our WEBSITE. This cookie automatically enables interest-based advertising using a pseudonymous cookie ID and based on the pages you visit.

Any further processing of data will only take place if you have consented to Google linking your web and app browsing history to your Google Account and using information from your Google Account to personalize advertisements you see on the web. In this case, if you are logged in to Google while visiting our WEBSITE, Google will use your data together with Google Analytics data to create and define target group lists for cross-device remarketing. For this purpose, Google temporarily links your personal data with Google Analytics data to form target groups.

Revocation of your consent

We use Google Ads DoubleClick exclusively with your consent. You can revoke a once given consent, by:

Further information on the terms of use and data protection of or with Google Ads DoubleClick can be found at https://www.google.de/intl/de/policies/.

 

3.1.2.4      Google Tag Manager

On our WEBSITE we use the Google Tag Manager, which is provided by Google Inc. Google Tag Manager is a solution that allows marketers to manage website tags through an interface. The Google Tag Manager service itself (which implements the tags) is a cookie-less domain and does not collect any personal data. The Google Tag Manager service triggers other tags, which in turn may collect data. Google Tag Manager does not access this data. If disabled at the domain or cookie level, it will remain disabled for all tracking tags implemented by Google Tag Manager.

 

3.1.2.5      IPinfo

In order to provide you with location-based or country-specific content, we use the service ipinfo.io to determine your two-character country code. To do this, we call up the ipinfo.io service directly from your browser using JavaScript. The service uses your IP address and returns a range of information, such as the country code just mentioned or your Internet provider. However, we do not know your IP address and only store the two-digit country code locally in a cookie on your computer (e.g. DE for Germany).

 

3.1.2.6  YouTube

We integrate videos from the YouTube service of the provider Google LLC., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. In order to make the videos available, technically necessary data is processed by Google for this purpose. Google LLC. is responsible for this processing. You can find further information on how Google handles your personal data at: https://policies.google.com/privacy?hl=de.

The integration of YouTube is necessary for the demand-oriented construction of our WEBSITE. This is also our legitimate interest in the data processing in accordance with Art. 6 para. 1 lit. f GDPR.

 

 3.1.2.7  Social Links

The WEBSITE includes links to Facebook, LinkedIn, YouTube and Instagram. After clicking on the link, you will, for example, be directed to our Facebook or Instagram page, i.e. only then will user information be transferred to the respective page/service. For information on how we handle your data when using the social media pages, please refer to the privacy policy:

 

3.2. Active Use of the WEBSITE

In addition to the informational use of our WEBSITE, you can also actively use the same to order one of our products, to register for an event, to register for our newsletter or to contact us. In addition to the above-mentioned processing of your personal data for informational purposes, we will also process other personal data that we require from you, e.g. to process your order.

 

3.2.1   User Requests, complaints, order processing, etc.

In order to process and answer your inquiries to us, e.g. via the contact form, your e-mail address or your User Account, as well as your complaints, we process your personal data provided by you in this context. In any case, this includes your name and e-mail address in order to send you an answer and, for example to carry out repairs, a product exchange or a return shipment, etc. (order processing), the other information that you send us in the context of your message or which are stored in your User Account (cf. section 3.2.2) via which your request is made or which we link to your request on the basis of the information you provide (e. g. order number.

We process your personal data in order to respond to user inquiries on the following legal basis:

  • to protect our legitimate interests in accordance with Art. 6 para. 1 lit. f GDPR; our legitimate interest is to answer customer inquiries appropriately;
  • If the request aims at the conclusion of a contract, an additional legal basis is Art. 6 para. 1 lit. b GDPR.

 3.2.2   Registration and User Account

You can register on our WEBSITE to place an order in our online shop or to manage your orders, billing and delivery address. To do this, you must enter personal data in an entry mask and send it to us.

The registration and login serve the purpose of providing an online shop function with an order form.

You must enter your e-mail address and a password of your choice. In addition, you have to enter the following data:

  • Country
  • E-mail address
  • First and last name
  • Company name
  • VAT number
  • Address
  • Phone number
  • Comments

At the time of login the following data is also stored:

  • IP address of the user
  • Date and time of login

Please read the privacy policy for orders via the webshop here.

 

3.2.3 Registration to receive information materials, documents or to subscribe to the newsletter

You can also register with us to order materials, documents or our newsletter. In any case, your e-mail address and, if applicable, your name and contact details are required for this purpose. Furthermore, you can provide us with voluntary information, such as your telephone number, so that we can get in touch with you. 

We use the so-called double opt-in procedure for registration when ordering newsletters, materials etc., i.e. your registration is only complete when you have confirmed your registration by clicking on the link contained in a confirmation e-mail sent to you for this purpose.  

We process your data for the above purposes on the following legal basis:

  • for the performance of a contract or for the implementation of pre-contractual measures in accordance with Art. 6 para. 1 lit. b GDPR, since the registration and the login area are necessary for the performance of the contract or the implementation of pre-contractual measures;
  • with your consent, provided the registration is for advertising purposes, such as subscription to the newsletter, Art. 6 para. 1 lit. a GDPR.

3.2.4   Google Maps

We integrate maps of the Google Maps service of the provider Google LLC., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. In order to provide the map material, technically necessary data is processed by Google for this purpose.  Google LLC. is responsible for this processing. You can find further information on how Google handles your personal data at: https://policies.google.com/privacy?hl=de.

The integration of Google Maps is necessary for the demand-oriented construction of our WEBSITE. This is also our legitimate interest in the data processing in accordance with Art. 6 para. 1 lit. f GDPR.

 

3.2.5   Promotional purposes, such as newsletters, downloads of documents

With your consent, we use your data for advertising purposes, such as the transmission of our newsletter or customer magazine, the transmission of information via e.g. download links, e-books or white papers, advertising surveys, the transmission of product information, your invitation to events of interest to you, follow-ups, status reports or we use your data for market research purposes. In doing so, we collect mandatory data such as your e-mail address, but also information that you provide to us voluntarily. We use the voluntary information to permanently improve our customer relationship.

If you have provided us with your e-mail address in connection with the purchase of goods or services, we may subsequently use it to send you a newsletter. In such a case, the newsletter will only be used to send direct advertising for our own similar goods or services.

We process your data for the dispatch of newsletters, surveys etc. and the personalization of the contacting on the following legal bases:

  • if you have given us your consent, in accordance with Art. 6 para. 1 lit. a GDPR;
  • if you have provided us with your e-mail address in connection with the purchase of goods or services or if we send you personalized advertising, to safeguard our legitimate interests in accordance with Art. 6 para. 1 lit. f GDPR in connection with Section 7 para. 3 UWG; our legitimate interest is based on our economic interests in the implementation of advertising measures and target group-oriented advertising.

Right to object within the scope of a contract

If we receive your e-mail address in connection with the conclusion of the contract and the provision of our products and you have not objected to this, we reserve the right to send you regular offers for similar products from our range of products by e-mail. You can object to this use of your e-mail address at any time by sending a message to the contact option described below or via a link provided for this purpose in the newsletter e-mail, without incurring any costs other than the transmission costs according to the basic rates.

 

Query of personal data, data storage and analysis in the context of marketing communication

For the organization and execution of e-mail marketing campaigns, we use a tool of the service provider Campaign Monitor (201 Elizabeth St, Sydney, NSW, Australia 2000, ABN # 42 094 533 445) to send newsletters and informational emails. If you subscribe to newsletters, marketing and advertising emails, you will be asked to provide us with personal data. The data you provide, your declaration of consent to receive advertising emails and the analysis of your reaction to our email marketing communication are processed and saved for us by our external service provider.

When you register for our newsletter, promotional emails etc., the following data will be processed:

  • First name, last Name
  • Company name
  • Customer type (corporate customer, end customer)
  • Status
  • Day of registration
  • Declaration of consent to receive email (so-called double opt-in)
  • IP address

Campaign Monitor has implemented page tags (sometimes known as web beacons) and other track-ing technologies within certain parts of their services. These technologies are used to track recipients of emails sent by us through their services. When E-mailing marketing information, we use the web beacons to analyze when and how you open the same and whether links in the email were clicked. The following data is being processed in this context:

  • E-Mail opened/unopened with date/time when the email has been opened for the first time and number of openings
  • Click on links (number of clicks, date/time of the 1st click)
  • Country wherefrom the E-Mail has been opened and the device used
  • Unsubscribe requests
  • Bounces (indication of non-delivery)

This information is collected for the purposes of providing email campaign performance information and measuring the performance of email messages we send. The evaluation and analysis of this data helps us to avoid randomly sending you advertising. Rather, we send you advertising, such as newsletters or product recommendations, which correspond to your areas of interest. In this respect, we also compare, for example, which of our advertising e-mails you open, in order to avoid unnecessary e-mails being sent to you. In addition, we would like to provide you with suitable information. By tracking opening- and click rates, we can better identify which content is of interest to you.

We process the data for the analysis of the response to our newsletter on the following legal basis:

  • to safeguard our legitimate interests in accordance with Art. 6 para. 1 lit. f GDPR; our legitimate interest is based on our economic interests in the implementation of advertising measures and target group-oriented advertising.
  • with your consent in accordance with Art. 6 Para. 1 lit. a GDPR.

You can withdraw your consent by:

  • clicking on the link in the newsletter or
  • contacting us under the contact information in number 1 of this Privacy Policy.

You can find more information on terms of use and on data protection from or at Campaign Monitor under https://www.campaignmonitor.com/policies/.

 

3.2.6. Download of further Content

For some of our products we offer you the possibility to use eBooks, whitepapers, catalogues, checklists, tutorials, etc. (together media), which you can download. If you provide us with your contact details, we will send you a registration link to your e-mail address, which you can use to download these media. We use your data for the administration of the media in order to contact you by e-mail within the scope of providing the services offered via the media and, if necessary, to address you for advertising purposes. This includes, for example, status reports on your enquiry, feedback and surveys, supplementary information or information which we consider to be supplementary or relevant to you on the basis of your enquiry.

We process your data for using our media and communication with you on the following legal basis:

  • for the performance of a contract or for the implementation of pre-contractual measures in accordance with Art. 6 para. 1 lit. b GDPR;
  • with your consent in accordance with Art. 6 para. 1 lit. a GDPR.

 

3.3. Legal Compliance

We also process your personal data in order to fulfil other legal obligations that we are subject to in connection with the processing of your order or with our business communication. These include in particular retention periods under commercial, industrial or tax law.

We process your data for the above purposes on the following legal basis:

  • to fulfil a legal obligation to which we are subject in accordance with Art. 6 para. 1 lit. c GDPR in connection with commercial, industrial or tax law, insofar as we are obliged to record and store your data.

 

3.4. Law Enforcement

We also process your personal data in order to assert our rights and enforce our legal claims. We also process your personal data in order to be able to defend ourselves against legal claims. Finally, we process your personal data as far as this is necessary to prevent or prosecute criminal offences.

We process your data for the above purposes on the following legal basis:

  • to protect our legitimate interests in accordance with Art. 6 para. 1 lit. f GDPR, insofar as we assert legal claims or defend ourselves in legal disputes or prevent or clarify criminal offences.

 

3.5. Company sale/merger, etc.

We may process your personal data in order to carry out a (partial) company sale or merger (or similar transactions such as a takeover as part of liquidation, insolvency, etc.) with another company. In the event that another company acquires or intends to acquire the assets/capital, which may include your personal data, from Rodcraft or Desoutter, or Rodcraft/Desoutter is merging with another company, we may need to provide that company with access to your personal data or transfer your personal data held by us to that company for the purpose of reviewing and executing the sale or merger (e.g. to determine company value, business risks, etc.).

We process your personal data on the following legal basis:

  • for our legitimate interests in accordance with Art. 6 para. 1 lit. f. GDPR, in order to be able to plan and carry out a planned sale or merger of a company.

 

  1. Purposes and Legal Bases of the Data Processing in Social Media Use

To present our company and communicate directly with you, we use social media platforms from providers such as LinkedIn, Facebook and Co. ("providers"), through which we maintain a presence (e.g. in the context of company and employee profiles) and process your data.

 

4.1. Common Responsibility

If data is collected on our WEBSITE which is processed and used for common purposes by both the provider and ourselves (e.g. in the context of analysis or advertising), there is a common responsibility of the provider and us. Often this function cannot be deactivated by us. You can therefore contact both the respective provider and us with your request. We currently use the following providers:

  • LinkedIn (including LinkedIn Sales Navigator) of LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland;
  • Facebook (including Facebook Business Manager) of Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland;
  • Instagram of Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland;
  • YouTube and Google My Business of Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland.

Below you will find the links to the privacy policies and information of the respective providers:

 

4.2. Data Protection Officers of the Providers

In addition to our data protection officer (section 2 of this privacy policy), you can also contact the following data protection officers of the respective providers:

 

4.3. Purposes and Legal Bases of the Data Processing

4.3.1   Informational Use of the PRESENCE

You can visit our PRESENCE without providing any personal information. If you use our PRESENCE for information purposes only, i.e. if you do not register or otherwise provide us with information about yourself, we do not process any personal data, with the exception of the data collected by the operating company in the context of the cookies it uses and transmits to us.

 

4.3.1.1      Analysis and Tracking

For the purpose of analyzing and tracking the use of his social media platform and our PRESENCE, the provider uses cookies that enable an evaluation of your surfing behavior. In this way, the quality of the platform and PRESENCE and its contents can be improved. We learn how the platform and the website are used and can thus constantly optimize our offer.

However, we have no influence on the collected data and data processing procedures, nor are we aware of the full extent of the data collection, the exact purposes of the processing or the storage periods. We also have no information about the deletion of the collected data by the provider of the platform.

In the course of a Web Analysis it can also happen that the information obtained in the course of the analysis and tracking of our WEBSITE is merged with your other data collected in the course of using the WEBSITE and the platform (please see section 3.1.2 “Analysis and Tracking”). If you register on the platform of, the provider could link data concerning your platform activities with your personal details (including your name/email address) on the basis of a granted consent, thus recording personal data and informing you individually and purposefully about your preferred subject areas, among other things.

With regard to statistics provided to us by the provider of the platform, we can only influence them to a limited extent and cannot switch them off. However, we make sure that no additional optional statistics are made available to us.

We process your personal data on the following legal basis:

  • your consent in accordance with Art. 6 para. 1 lit a GDPR and § 15 sec. 3 TMG, which you have given to the provider when registering for the respective social media platform.

 

4.3.2   Active Use of the PRESENCE

In addition to the purely informative use of our presence, you can also actively use our presence to get in touch with us. In addition to the above-mentioned processing of your personal data for purely informational purposes, we will also process other personal data about you which we need, for example, to process your inquiry. This also applies in the event that we actively use our presence, e.g. to address you proactively or to initiate business contacts with you.

 

4.3.2.1      Sharing and Publishing and Interacting with Posts, Reviews, Photos, etc.

You can comment, share or otherwise interact (like, recommend, review, etc.) with posts, photos, videos, etc. created by us on the provider's platform and on our PRESENCE. We may share your content on our PRESENCE if this is a function of the provider's platform and communicate with you via the platform. Public messages etc. may be published by the provider, but will never be used or processed by us for other purposes.

In the case of reviews, we take the liberty of publishing a statement (e.g. to clarify a problem, goodwill actions, etc.) in response to your message and to ask you to contact us again. The personal data that you have voluntarily published in the review may be processed.

Besides, we only reserve the right to delete contents, if this should be necessary.

We process your personal data on the following legal basis:

  • To protect our legitimate interests in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR. The data processing is carried out in the interest of our public relations and communication.

 

4.3.2.2      User Requests

In order to process your requests to us, e.g. via contact forms, a chat or our e-mail address, to answer them specifically and to send you the requested information, we process the personal data you provide in this context. This includes your contact data in order to send you an answer or make necessary inquiries, as well as other information that you send us in this context.

If you send us a request via the platform, we may also refer you to other, secure communication channels that guarantee confidentiality, depending on the required answer. You always have the possibility to send confidential inquiries to our address given in the imprint or in this privacy policy. Depending on the subject of the enquiry and the requirements, we can contact you electronically, by telephone or by mail.

We process your personal data in order to answer user inquiries, requests for materials, etc. on the following legal bases:

  • to protect our legitimate interests in accordance with Art. 6 para. 1 lit. f GDPR; our legitimate interest consists in the proper response to or execution of customer enquiries;
  • If the request aims at the conclusion of a contract, an additional legal basis is Art. 6 para. 1 lit. b GDPR;
  • with your consent in the context of using the live chat, Art. 6 para. 1 lit. a GDPR.

 

4.3.2.3      Legal Compliance

We also process your personal data to fulfil other legal obligations. These may affect us in connection with the processing of orders, bookings or business communication. These include in particular retention periods under commercial, industrial or tax law.

We process your personal data on the following legal basis:

  • to fulfil a legal obligation to which we are subject in accordance with Art. 6 para. 1 lit. c GDPR in connection with commercial, industrial or tax law, insofar as we are obliged to record and store your data.

 

4.3.2.4      Law Enforcement

We also process your personal data in order to be able to assert our rights and enforce our legal claims. We also process your personal data to be able to defend ourselves against legal claims. Finally, we process your personal data insofar as this is necessary to prevent or prosecute criminal offences.

We process your personal data for this purpose on the following legal basis:

  • to protect our legitimate interests in accordance with Art. 6 para. 1 lit. f GDPR, insofar as we assert legal claims or defend ourselves in legal disputes or we prevent or investigate criminal offences.

 

4.3.2.5      Company sale/merger, etc.

We may process your personal data in order to carry out a (partial) company sale or merger (or similar transactions such as a takeover as part of liquidation, insolvency, etc.) with another company. In the event that another company acquires or intends to acquire the assets/capital, which may include your personal data, from Rodcraft or Deosutter, or Rodcraft/Desoutter is merging with another company, we may need to provide that company with access to your personal data or transfer your personal data held by us to that company for the purpose of reviewing and executing the sale or merger (e.g. to determine company value, business risks, etc.).

We process your personal data on the following legal basis:

  • for our legitimate interests in accordance with Art. 6 para. 1 lit. f. GDPR, in order to be able to plan and carry out a planned sale or merger of a company.

 

  1. Links

Some sections of our WEBSITE contain links to the Website of third parties. These Websites are subject to their own data protection principles. We are not responsible for their operation including the data handling. If you send information to or about such third party sites, you should review the privacy statements of those sites before you submit any information that may be associated with your person.

 

  1. Categories of Recipients

Only our employees will have access to your personal data, in the first instance.

Your data will only be transferred on to third parties if this is legally permitted or prescribed or if you have given your consent. We also share your data to the extent necessary with the service providers we use to provide our services. We limit the transfer of data to what is necessary to provide our services to you. Some of our service providers receive your data as data processors and are then strictly bound by our instructions when handling your data. In some cases, the recipients (such as the third party vendors in our online shop) act independently with your data that we transfer to them. We do not become a contractual partner for the goods ordered by you via our online shop.

In the following we name the categories of the recipients of your data:

  • Affiliated companies within our group of companies, insofar as they are active for us as data processors or act independently and, for example, provide IT services or insofar as this is necessary for the provision of our services,
  • payment service providers and banks to collect outstanding payments from accounts or pay out refunds,
  • call center and complaints processors to receive and process your inquiries and complaints,
  • agencies, print shops and letter shops that support us in the implementation of advertising measures, competitions, promotions, etc.,
  • training providers, in order to make appropriate eLearning programs available,
  • IT service providers who, among other things, store data, support the administration and maintenance of the systems, as well as file archivists and shredders;
  • logistics service provider, to deliver goods etc.,
  • credit agencies when calling up a credit report,
  • companies acquiring assets/capital from Desoutter or Rodcraft (e.g. in the event of a company purchase, merger, liquidation/insolvency, etc.),
  • collection agencies and legal advisers in the assertion of our claims,
  • public bodies and institutions insofar as we are legally obliged to do so.

In addition, we may exchange your personal data within our globally active group of companies, e.g. to subsidiaries that require this data to fulfil our and/or their contractual and legal obligations or on the basis of legitimate interests. This may be for economic, administrative or other internal business purposes; this applies only to the extent that your interests or fundamental rights and freedoms, which require the protection of personal data, do not prevail. Beyond that we do not transfer your data to third parties.

With regard to our use of social media, we can unfortunately neither exclude nor influence whether the provider will transfer your data to other categories of recipients, due to a lack of information from the platform providers. For further information on the recipients of the data of the platform providers, please refer to the privacy policies of the providers linked under section 4.1.

 

  1. Transfer to Third Countries

We are engaged in business worldwide. Therefore your personal data may be transferred to countries outside the European Union to other parts of our company. A transfer of data to countries outside the EU or the EEA (so-called “third countries”) only takes place if this is necessary or legally required in the context of processing our contractual relationships (e.g. tax reporting obligations), if you have given us your consent, or in the context of data processing.

In the context of the use of the tools Google Analytics, Google Adwords Remarketing, Google Ads DoubleClick, IPinfo and Campaign Monitor, we transfer your IP address or your abbreviated IP address to countries outside the European Union, including the USA and Australia.

Within the scope of social media use, your data may be transferred to countries outside the European Union, including the USA. We have no influence on this. For further information, please refer to the privacy policies of the platform operators linked under section 4.1.

If service providers are engaged in a third country and we can influence this, they are obliged to comply with the level of data protection in Europe in addition to written instructions by agreeing the EU standard contract clauses. Alternatively, we will transfer the data on the basis of the Binding Corporate Rules.

Nevertheless, due to the laws of non-EU countries (e.g. within the framework of the so-called Cloud Act in the USA), even when these agreements and regulations are concluded, there is still the possibility that third parties (especially governmental authorities) may access your personal data without us being able to prevent, stop or control this. Therefore, your consent (e. g. to the use of cookies) also includes the purpose of data transfer to countries outside the EU. For further information please contact our data protection officer.

Otherwise, we will not transfer your personal data to countries outside the EU or EEA or to international organizations.

 

  1. Duration of Storage

8.1        Informational Use of the WEBSITE or the Social Media Presence

When using our WEBSITE for information purposes only, we store your personal data on our servers exclusively for the duration of your visit to our WEBSITE. After you have left our WEBSITE, your personal data will be deleted within seven days.

When using our social media PRESENCE for information purposes only, the operator stores your personal data on his servers. Personal data and installed cookies are usually deleted by the operator. Unfortunately, we do not know the exact storage and deletion periods, but these can be found in the respective privacy policies linked under section 4.1.

Cookies installed by us are usually also deleted after leaving our WEBSITE. The data collected and processed via Campaign Monitor (e. g. relating to the analysis of the response to marketing communications) will be stored after their collection for the duration of the respective marketing campaign (between one and 24 months, depending on the campaign) and deleted after the end of the campaign at the latest within two months or after your withdrawal of consent. Google Analytics cookies are stored for a period of up to two years. Adobe Analytics cookies are stored for up to 24 months. You also have the option of deleting installed cookies yourself at any time.

 

8.2        Active Use of the WEBSITE or the Social Media Presence

When you actively use our WEBSITE or our social media Presence, we will store your personal data for the duration of answering your inquiry or for the duration of our business relationship. This also includes the potential future and the actual initiation of a contract (pre-contractual legal relationship) and the execution of a contract.

The log files for login are stored for 90 days for security reasons and support requests and are deleted after that.

We process your data for the duration of your subscription to our newsletter or customer magazine or until you revoke your consent to receive them. This also includes the initiation of a contract (pre-contractual legal relationship) and the execution of a contract.

In addition, we then store your personal data until the expiry of the limitation period for any legal claims arising from the relationship with you, in order to use it as evidence if necessary. The limitation period is usually between 1 and 3 years, but can also be up to 30 years.

With the commencement of the limitation, we delete your personal data, unless there is a legal obligation to retain it, for example, from the German Commercial Code (§§ 238, 257 para. 4 HGB) or from the German Fiscal Code (§ 147 para. 3, 4 AO). These storage obligations can amount to two to ten years. For this period the data are processed again only for the case of an examination by the tax authorities.

 

  1. Your Rights as Data Subject

If personal data about you are processed, you are a "data subject" in the sense of the GDPR. You are entitled to the following rights against us as controller, which you can also assert against the provider of the respective platform with regard to our social media presences. Please note that we do not have full influence on the data processing procedures of the provider. Our possibilities are largely determined by the corporate policy of the respective provider. Your rights as a data subject are the following:

 

  • Right of access

You can request information about whether we process personal data from you. If this is the case, you have the right to receive information about this personal data and other information related to the processing (Art. 15 GDPR). Please note that this right of information may be restricted or excluded in certain cases.

 

  • Right to rectification

In the event that personal data about you is not (or is no longer) correct or incomplete, you can request that this data be corrected and, if necessary, completed (Art. 16 GDPR).

 

  • Right to erasure or restriction of processing

If the legal requirements are met, you can request the deletion of your personal data (Art. 17 GDPR) or the limitation of the processing of this data (Art. 18 GDPR). However, the right to deletion under Art. 17 paragraphs 1 and 2 GDPR does not apply, inter alia, if the processing of personal data is necessary to fulfil a legal obligation (Art. 17 para. 3 lit. b GDPR).

 

  • Right to object

For reasons arising from your particular situation, you can also object to the processing of your personal data by us at any time (Art. 21 GDPR). If the legal requirements are met, we will subsequently no longer process your personal data.

 

  • Right to data portability

Under the conditions of Art. 20 GDPR, you are entitled to demand that we hand over to you the personal data relating to you, which you have provided to us, in a structured, common and machine-readable format.

 

  • Right to withdrawal of the declaration of consent under data protection law

You have the right to withdraw your consent at any time. The withdrawal is only effective for the future; i.e. the withdrawal does not affect the lawfulness of the processing operations carried out on the basis of the consent up to the withdrawal.

 

  • Right to appeal to a supervisory authority

Without prejudice to any other administrative or judicial remedy, a data subject (you) has the right to lodge a complaint with a supervisory authority - in particular in the member state where you reside - if you believe that the processing of your personal data by us violates the GDPR.

The supervisory authority responsible for us is:

Der Hessische Beauftragte für Datenschutz und Informationsfreiheit

Gustav-Stresemann-Ring 1

65189 Wiesbaden

Telefon: 0611/1408 0

Fax: 0611/1480 900/901

E-Mail: poststelle@datenschutz.hessen.de

 

The social media platform providers have their headquarters and thus also the competent supervisory authority in other EU countries. Usually, this is the Irish data protection authority (Data Protection Commission, 21 Fitzwilliam Square South, Dublin 2, D02RD28, Ireland), but you can also address your complaints to the following German supervisory authorities:

  • LinkedIn: Das Bayerische Landesamt für Datenschutzaufsicht, Promenade 18, 91522 Ansbach;
  • Facebook: Der Hamburgische Beauftragte für Datenschutz und Informationsfreiheit, Ludwig-Erhard-Str 22, 7. OG, 20459 Hamburg;
  • Instagram: Der Hamburgische Beauftragte für Datenschutz und Informationsfreiheit, Ludwig-Erhard-Str 22, 7. OG, 20459 Hamburg;
  • Google: Der Hamburgische Beauftragte für Datenschutz und Informationsfreiheit, Ludwig-Erhard-Str 22, 7. OG, 20459 Hamburg.

However, we recommend that you always address a complaint to our data protection officer or the data protection contact of the respective platform provider first.

Your requests for exercising your rights should, if possible, be addressed in writing to the above address or directly to our Data Protection Officer.

 

  1. Scope of your Obligation to Provide Data

Generally, you are not obliged to provide us with your personal data. However, if you do not do so, we cannot, for example, make our WEBSITE available to you to the full extend (nor can the provider of a social media platform make the platform and our presence available to you), answer your enquiries sent to us, send you information etc. or enter into a contract with you.

 

  1. Profiling / Automated Decision Making

In the context of using Campaign Monitor, your data will be processed partly automatically with the aim of evaluating certain personal aspects (profiling). This is done in order to provide you with targeted information and advice on products and services. This enables communication and advertising tailored to your needs, including market and opinion research.

It is possible that the operator of a social media platform may process your data partially automatically with the aim of evaluating certain personal aspects (profiling). This may be done in order to provide you with targeted information and advice on products and services. This enables communication and advertising tailored to your needs, including market- and opinion research.

Due to legal requirements we are obliged to combat money laundering and fraud. This also includes data evaluation. These measures also serve your protection at the same time. 

Otherwise, we do not carry out profiling and do not use purely automated decision-making procedures in accordance with Article 22 GDPR. If we should use other procedures in individual cases in the future, we will inform you separately.

 

Right to object, Art. 21 GDPR

You have the right to object at any time to the processing of your data on the basis of Art. 6 para. 1 lit. f GDPR (data processing on the basis of a balance of interests) or Art. 6 para. 1 lit. e GDPR (data processing in the public interest), if there are reasons for this arising from your particular situation. This also applies to profiling based on this provision within the meaning of Art. 4 No. 4 GDPR.

If you object, we will no longer process your personal data, unless we can prove compelling and applicable reasons for the processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

 

We also process your personal data in individual cases for direct marketing purposes. If you do not wish to receive advertising, you have the right to object to it at any time; this also applies to profiling, insofar as it is associated with such direct advertising. We will take this objection into account in the future.

We will no longer process your data for direct marketing purposes if you object to the processing for these purposes.

 

The objection may be made without formality and should be sent, if possible, to the address mentioned in section 1.

  1. Amendments

We reserve the right to change this privacy policy at any time. Any changes will be announced by publishing the amended privacy policy on our WEBSITE. Unless otherwise specified, such changes will take effect immediately. Therefore, please check this privacy policy regularly to view the most current version.

 

Last updated:September 2020