Data protection

1. Data protection at a glance

General information

The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data that can be used to personally identify you. Detailed information on the subject of data protection can be found in our data protection declaration listed below this text.

Data collection on this website

Who is responsible for data collection on this website?

Data processing on this website is carried out by the website operator. You can find their contact details in the “Note on the responsible body” section in this data protection declaration.

How do we collect your data?

On the one hand, your data is collected when you provide it to us. This can be e.g. This could, for example, be data that you enter into a contact form.

Other data is collected automatically or with your consent by our IT systems when you visit the website. This is primarily technical data (e.g. internet browser, operating system or time of page access). This data is collected automatically as soon as you enter this website.

What do we use your data for?

Some of the data is collected to ensure that the website is provided error-free. Other data may be used to analyze your user behavior.

What rights do you have regarding your data?

You have the right at any time to receive information free of charge about the origin, recipient and purpose of your stored personal data. You also have the right to request the correction or deletion of this data. If you have given your consent to data processing, you can revoke this consent at any time in the future. You also have the right to request that the processing of your personal data be restricted in certain circumstances. You also have the right to lodge a complaint with the responsible supervisory authority.

You can contact us at any time about this or if you have any further questions about data protection.

2. Hosting

We host the content of our website with the following provider:

Hetzner

The provider is Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen (hereinafter Hetzner).

Details can be found in Hetzner’s data protection declaration: https://www.hetzner.com/de/rechts/datenschutz .

The use of Hetzner is based on Article 6 Paragraph 1 Letter f GDPR. We have a legitimate interest in ensuring that our website is presented as reliably as possible. If appropriate consent has been requested, processing is carried out exclusively on the basis of Art. 6 Para. 1 lit . B. Device fingerprinting) within the meaning of the TTDSG. Consent can be revoked at any time.

Order processing

We have concluded an order processing contract (AVV) for the use of the above-mentioned service. This is a contract required by data protection law, which ensures that we only process the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.

3. General information and mandatory information

data protection

The operators of these sites take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with statutory data protection regulations and this data protection declaration.

When you use this website, various personal data is collected. Personal data is data that can be used to personally identify you. This data protection declaration explains what data we collect and what we use it for. It also explains how and for what purpose this happens.

We would like to point out that data transmission over the Internet (e.g. when communicating via email) can have security gaps. Complete protection of data from access by third parties is not possible.

Note on the responsible body

The responsible body for data processing on this website is:

GEMCY GmbH
Kronprinzenstraße 119
40217 Düsseldorf

Telephone: 0211 – 879 790 19
Email: info@gemcy.com

The responsible body is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (e.g. names, email addresses, etc.).

Storage period

Unless a specific storage period is specified in this data protection declaration, your personal data will remain with us until the purpose for data processing no longer applies. If you make a legitimate request for deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g. tax or commercial law retention periods); In the latter case, the deletion takes place after these reasons no longer apply.

General information on the legal basis for data processing on this website

If you have consented to data processing, we will process your personal data on the basis of Art. 6 Para. 1 lit. a GDPR or Art. 9 Para. 2 lit are processed. In the event of express consent to the transfer of personal data to third countries, data processing is also carried out on the basis of Art. 49 Para. 1 lit. a GDPR. If you have consented to the storage of cookies or to the access to information on your device (e.g. via device fingerprinting), the data processing will also be carried out on the basis of Section 25 Paragraph 1 TTDSG. Consent can be revoked at any time. If your data is necessary to fulfill the contract or to carry out pre-contractual measures, we process your data on the basis of Article 6 Paragraph 1 Letter b GDPR. Furthermore, we process your data if it is necessary to fulfill a legal obligation on the basis of Art. 6 Para. 1 lit. c GDPR. Data processing can also be carried out on the basis of our legitimate interest in accordance with Article 6 (1) (f) GDPR. Information about the relevant legal bases in each individual case is provided in the following paragraphs of this data protection declaration.

Note on data transfer to third countries that are not secure in terms of data protection law as well as transfer to US companies that are not DPF-certified

We use, among other things, tools from companies based in third countries that are not secure in terms of data protection law, as well as US tools whose providers are not certified according to the EU-US Data Privacy Framework (DPF). When these tools are active, your personal data may be transferred to and processed in these countries. We would like to point out that in third countries with uncertain data protection law, a level of data protection comparable to the EU cannot be guaranteed.

We would like to point out that the USA, as a safe third country, generally has a level of data protection comparable to the EU. Data transfer to the USA is then permitted if the recipient has certification under the “EU-US Data Privacy Framework” (DPF) or has appropriate additional guarantees. Information on transfers to third countries, including data recipients, can be found in this data protection declaration.

Recipients of personal data

As part of our business activities, we work with various external bodies. In some cases, it is also necessary to transmit personal data to these external bodies. We only pass on personal data to external bodies if this is necessary to fulfill a contract, if we are legally obliged to do so (e.g. passing on data to tax authorities), if we have a legitimate interest in accordance with Article 6 Paragraph 1 lit. f DSGVO in the transfer or if another legal basis allows the data transfer. When using order processors, we only pass on our customers’ personal data on the basis of a valid order processing contract. In the case of joint processing, a joint processing contract is concluded.

Revocation of your consent to data processing

Many data processing operations are only possible with your express consent. You can revoke any consent you have already given at any time. The lawfulness of the data processing carried out until the revocation remains unaffected by the revocation.

Right to object to data collection in special cases and to direct advertising (Art. 21 GDPR)

IF THE DATA PROCESSING IS BASED ON ART. 6 ABS. 1 LITER. E OR F GDPR, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE TERMS. THE APPLICABLE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS DATA PROTECTION POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA UNLESS WE CAN PROOF COMPLEX REASONS FOR THE PROCESSING THAT OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOM OR THE PROCESSING IS FOR THE ASSERTMENT, EXERCISE OR DEFENSE IDENTIFICATION OF LEGAL CLAIMS ( OBJECTION PURSUANT TO ARTICLE 21 (1) GDPR).

IF YOUR PERSONAL DATA IS PROCESSED FOR DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH ADVERTISING; THIS ALSO APPLIES TO PROFILING TO THE EXTENT IT IS CONNECTED WITH SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL NO LONGER BE USED FOR THE PURPOSE OF DIRECT ADVERTISING (OBJECTION PURSUANT TO ARTICLE 21 (2) GDPR).

Right to lodge a complaint with the responsible supervisory authority

In the event of violations of the GDPR, those affected have the right to lodge a complaint with a supervisory authority, in particular in the member state of their habitual residence, their place of work or the place of the alleged violation. The right to lodge a complaint exists without prejudice to any other administrative or judicial remedies.

Right to data portability

You have the right to have data that we process automatically based on your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the data to be transferred directly to another person responsible, this will only be done if it is technically feasible.

Information, correction and deletion

Within the framework of the applicable legal provisions, you have the right to free information at any time about your stored personal data, its origin and recipient and the purpose of data processing and, if necessary, a right to correction or deletion of this data. You can contact us at any time about this or if you have any further questions on the subject of personal data.

Right to restriction of processing

You have the right to request that the processing of your personal data be restricted. You can contact us at any time about this. The right to restriction of processing exists in the following cases:

  • If you dispute the accuracy of the personal data we hold about you, we will generally need time to verify this. For the duration of the review, you have the right to request that the processing of your personal data be restricted.
  • If the processing of your personal data was/is occurring unlawfully, you can request that data processing be restricted instead of deletion.
  • If we no longer need your personal data, but you need it to exercise, defend or assert legal claims, you have the right to request that the processing of your personal data be restricted instead of deletion.
  • If you have lodged an objection in accordance with Article 21 Para. 1 GDPR, a balance must be made between your interests and ours. As long as it is not yet clear whose interests prevail, you have the right to request that the processing of your personal data be restricted.

If you have restricted the processing of your personal data, this data – apart from its storage – may only be used with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the European Union or a member state.

SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the site operator. You can recognize an encrypted connection by the browser address line changing from “https://” to “https://” and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

4. Data collection on this website

Server log files

The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

  • Browser type and browser version
  • operating system used
  • Referrer URL
  • Host name of the accessing computer
  • Time of server request
  • IP address

This data will not be merged with other data sources.

This data is collected on the basis of Article 6 Paragraph 1 Letter f GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimization of his website – for this purpose the server log files must be recorded.

contact form

If you send us inquiries using the contact form, your details from the inquiry form, including the contact details you provided there, will be stored by us in order to process the inquiry and in case of follow-up questions. We will not pass on this data without your consent.

This data is processed on the basis of Art. 6 Para. 1 lit. b GDPR, provided that your request is related to the fulfillment of a contract or is necessary to carry out pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the inquiries addressed to us (Art. 6 Para. 1 lit. f GDPR) or on your consent (Art. 6 Para. 1 lit. a GDPR) if this was queried; consent can be revoked at any time.

The data you enter in the contact form will remain with us until you request us to delete it, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory legal provisions – in particular retention periods – remain unaffected.

Inquiries by email, telephone or fax

If you contact us by email, telephone or fax, your request, including all resulting personal data (name, request), will be stored and processed by us for the purpose of processing your request. We will not pass on this data without your consent.

This data is processed on the basis of Art. 6 Para. 1 lit. b GDPR, provided that your request is related to the fulfillment of a contract or is necessary to carry out pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the inquiries addressed to us (Art. 6 Para. 1 lit. f GDPR) or on your consent (Art. 6 Para. 1 lit. a GDPR) if this was queried; consent can be revoked at any time.

The data you send to us via contact requests will remain with us until you request us to delete it, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory legal provisions – in particular statutory retention periods – remain unaffected.

5. Analytics tools and advertising

Matomo

This website uses the open source web analysis service Matomo.

With the help of Matomo we are able to collect and analyze data about the use of our website by website visitors. This allows us, among other things, Find out when which page views were made and from which region they come. We also collect various log files (e.g. IP address, referrer, browsers used and operating systems) and can measure whether our website visitors carry out certain actions (e.g. clicks, purchases, etc.).

The use of this analysis tool is based on Art. 6 Para. 1 lit. f GDPR. The website operator has a legitimate interest in analyzing user behavior in order to optimize both its website and its advertising. If appropriate consent has been requested, processing is carried out exclusively on the basis of Art. 6 Para. 1 lit . B. Device fingerprinting) within the meaning of the TTDSG. Consent can be revoked at any time.

IP anonymization

When analyzing with Matomo, we use IP anonymization. Your IP address is shortened before analysis so that it can no longer be clearly assigned to you.

Cookieless analysis

We have configured Matomo so that Matomo does not store cookies in your browser.

Hosting

We host Matomo exclusively on our own servers, so all analysis data remains with us and is not shared.

6. Newsletters

Newsletter data

If you would like to receive the newsletter offered on the website, we need an email address from you as well as information that allows us to verify that you are the owner of the email address provided and that you agree to receive the newsletter . No further data is collected or only collected on a voluntary basis. We use this data exclusively to send the requested information and do not pass it on to third parties.

The data entered into the newsletter registration form is processed exclusively on the basis of your consent (Art. 6 Para. 1 lit. a GDPR). You can revoke your consent to the storage of data, the e-mail address and their use to send the newsletter at any time, for example via the “unsubscribe” link in the newsletter. The legality of the data processing operations that have already taken place remains unaffected by the revocation.

The data you provide to us for the purpose of subscribing to the newsletter will be stored by us or the newsletter service provider until you unsubscribe from the newsletter and will be deleted from the newsletter distribution list after you unsubscribe from the newsletter or if the purpose no longer applies. We reserve the right to delete or block email addresses from our newsletter distribution list at our own discretion within the scope of our legitimate interest in accordance with Article 6 (1) (f) GDPR.

Data stored by us for other purposes remains unaffected.

After you have been unsubscribed from the newsletter distribution list, your email address may be stored in a blacklist by us or the newsletter service provider if this is necessary to prevent future mailings. The data from the blacklist will only be used for this purpose and will not be merged with other data. This serves both your interest and our interest in complying with legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 Para. 1 lit. f GDPR). The storage in the blacklist is not limited in time. You can object to the storage if your interests outweigh our legitimate interests.

7. Plugins and tools

hCaptcha

We use hCaptcha (hereinafter “hCaptcha”) on this website. The provider is Intuition Machines, Inc., 2211 Selig Drive, Los Angeles, CA 90026, USA (hereinafter “IMI”).

hCaptcha is intended to check whether data entry on this website (e.g. in a contact form) is done by a human or by an automated program. To do this, hCaptcha analyzes the behavior of the website visitor based on various characteristics.

This analysis begins automatically as soon as the website visitor enters a website with hCaptcha activated. For analysis purposes, hCaptcha evaluates various information (e.g. IP address, how long the website visitor spends on the website or mouse movements made by the user). The data collected during the analysis is forwarded to IMI. If hCaptcha is used in “invisible mode”, the analyzes run completely in the background. Website visitors are not informed that an analysis is taking place.

The storage and analysis of the data is based on Art. 6 Para. 1 lit. f GDPR. The website operator has a legitimate interest in protecting its web offerings from abusive automated spying and SPAM. If appropriate consent has been requested, processing is carried out exclusively on the basis of Art. 6 Para. 1 lit . B. Device fingerprinting) within the meaning of the TTDSG. Consent can be revoked at any time.

The data processing is based on standard contractual clauses contained in the Data Processing Addendum to the IMI General Terms and Conditions or the Data Processing Agreements.

Further information about hCaptcha can be found in the data protection regulations and terms of use at the following links: https://www.hcaptcha.com/privacy and https://hcaptcha.com/terms .

Wordfence

We have integrated Wordfence on this website. The provider is Defiant Inc., Defiant, Inc., 800 5th Ave Ste 4100, Seattle, WA 98104, USA (hereinafter “Wordfence”).

Wordfence is used to protect our website from unwanted access or malicious cyberattacks. For this purpose, our website establishes a permanent connection to Wordfence’s servers so that Wordfence can compare its databases with the access made to our website and, if necessary, block them.

The use of Wordfence is based on Article 6 Paragraph 1 Letter f GDPR. The website operator has a legitimate interest in protecting its website from cyber attacks as effectively as possible. If appropriate consent has been requested, processing is carried out exclusively on the basis of Art. 6 Para. 1 lit . B. Device fingerprinting) within the meaning of the TTDSG. Consent can be revoked at any time.

Data transfer to the USA is based on the EU Commission’s standard contractual clauses. Details can be found here: https://www.wordfence.com/help/general-data-protection-regulation/ .

Order processing

We have concluded an order processing contract (AVV) for the use of the above-mentioned service. This is a contract required by data protection law, which ensures that we only process the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.

Source: https://www.e-recht24.de