I. Name and address of the responsible party
The responsible party within the meaning of the General Data Protection Regulation and other national data protection laws of the member states, as well as other data protection regulations is:
TRAMEC GMBH
represented by the managing directors Willy Schmid, Achim Wünsch
Brückenstrasse 2
73333 Gingen/Fils
Germany
E-Mail: info@tramec.net
Phone: + 49 (0) 7162 93234-0
Fax: + 49 (0) 7162 93234-12
II. General information on data processing
1. Scope of the processing of personal data As a matter of principle, we process the personal data of our users only to the extent that this is necessary for the provision of a functional website as well as our content and services. The processing of personal data of our users is generally only carried out if this is permitted by legal regulations.
2. Legal basis for the processing of personal data Insofar as we obtain the consent of the data subject for processing operations of personal data, Art. 6 (1) lit. an EU General Data Protection Regulation (DSGVO) serves as the legal basis. When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) lit. b DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures. Insofar as processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Art. 6 (1) lit. c DSGVO serves as the legal basis. In the event that the vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) lit. d DSGVO serves as the legal basis. If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights, and freedoms of the data subject do not override the former interest, Art. 6 (1) lit. f DSGVO serves as the legal basis for the processing.
3. Data deletion and storage period The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. Storage may take place beyond this if this has been provided for by the European or national legislator in Union regulations, laws, or other provisions to which the controller is subject. Blocking or deletion of data also takes place when a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.
III. Provision of the website and creation of log files
1. Description and scope of data processing Each time our website is called up, our system automatically collects data and information from the computer system of the calling computer. The following data is collected:
• Browser type and browser version
• Operating system used
• Referrer URL
• Host name of the accessing computer
• Time of the server request
• IP-address
We store the data indefinitely and use it for analysis purposes. However, before storage, the IP address is anonymized so that assignment to a user is not possible and the personal references are eliminated.
2. Purpose of data collection and legitimate interest Data is collected for the purpose of delivering the content of the website to the user's computer. Our legitimate interest in data processing also lies in the provision of content.
3. Legal basis The legal basis for the collection of data is Art. 6 (1) lit. f DSGVO, insofar as personal data is processed; the query of the information stored in the user's device is based on Section 25 (2) TTDSG.
4. Possibility of objection and elimination The collection of data for the provision of the website is mandatory for the operation of the website. Consequently, there is no possibility of objection on the part of the user. The objection to the storage of the anonymized log files is also not possible. Due to the anonymization of the IP address, it is no longer personal data; moreover, due to the lack of assignment to a person, the identification and deletion of the data records would not be possible as a result of an objection.
IV. External hosting
1. Description and scope of data processing Our website is hosted by an external service provider (hereinafter: hoster). All user interactions with our website, including all storage and deletion processes deliberately brought about by the user, therefore take place in a dialogue between the user and the hoster.
INSOFAR AS IT IS STATED WITHIN THE FRAMEWORK OF THIS DATA PROTECTION INFORMATION THAT A DATA TRANSFER TO A THIRD PARTY DOES NOT TAKE PLACE, THIS THEREFORE MEANS THAT A DATA TRANSFER TO THIRD PARTIES OTHER THAN THE HOSTER DOES NOT TAKE PLACE. AS FAR AS WE REFER TO "OUR SERVER", THE SERVER PROVIDED BY THE HOSTER IS MEANT.
The hoster acts for us on the basis of a contract processing agreement and may only use the personal data processed for us to provide its hosting services. He is bound to strict confidentiality and may not use the personal data for his own purposes or the purposes of third parties. Data processing is carried out exclusively within the territory of the European Union. Currently, the hosting is provided by Mittwald CM Service GmbH & Co. KG, Königsberger Straße 4-6, 32339 Espelkamp. Our hoster collects and stores log data. The type of data, processing purpose, and storage period can be found in the hoster's statement under point 5 "How long are access, FTP, error, and mail logs stored by Mittwald?", which you can access via the following link: www.mittwald.de
2. Legal basis The legal basis for the use of an external hoster is Art. 6 para. 1 lit. f DSGVO.
3. Purpose of data collection and legitimate interest The purpose of using an external hoster is to provide access to a highly available Internet connection at economic conditions. This is also our legitimate interest.
4. Possibility of objection and elimination The data collection and processing by the hoster is absolutely necessary for the operation of the website and the portal operated on it; there is no possibility for the user to object.
V. Use of Cookies
1. Description, scope, and purpose of data processing Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. When a user calls up a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again. The following cookies are set: _cf_bm. The cookie is set to protect the site from being used by malicious bots. The cookie does not collect personal data; tracking of the user on other websites does not take place. The cookie is deleted 30 minutes after the user's last action on the website. In the named purposes also lies our legitimate interest in the processing of personal data according to Art. 6 para. 1 lit. f DSGVO. The storage of cookies can be prevented by a corresponding setting of your browser software; in this case, however, the storage of all cookies will be prevented, so that not all functions of this website can be fully used.
2. Legal basis for data processing The legal basis for the processing of personal data using functionally necessary cookies is Section 25 (2) No. 2 TTDSG. Insofar as personal data is processed in this context, the legal basis for this is Art. 6 para. 1 lit. f DSGVO.
3. Duration of storage, possibility of objection, and elimination Cookies are stored on the user's computer and transmitted from it to our site. Therefore, the user also has full control over the use of cookies. By changing the settings in the Internet browser, the user can disable or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.
VI. E-Mail contact
1. Description and scope of data processing If contact is made via the e-mail addresses provided or via the fax number provided, the user's personal data transmitted with the e-mail fax will be stored (e.g., name, e-mail address, message text, signature). In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.
2. Legal basis for data processing The legal basis for the processing of the data is Art. 6 para. 1 lit. f DSGVO. If the contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO. In the case of storage due to legal storage obligations, the legal basis is Art. 6 para. 1 lit. c DSGVO.
3. Purpose of the data processing The processing of personal data from the email serves us solely to process the contact. This is also a legitimate interest in processing the data.
4. Duration of storage The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. For personal data sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation shall be deemed to have ended when it is clear from the circumstances that the matter in question has been conclusively clarified. If transmitted e-mails are to be regarded as business letters, they will be stored for the statutory retention period of six years.
5. Possibility of objection and removal The user has the possibility of objecting to the storage of his personal data at any time. In such a case, the conversation cannot be continued. The objection can be made, for example, by sending an email or fax. In this case, we will delete all personal data stored in the course of contacting you, including the objection, unless we are required by law to store the conversation or need the data for legal prosecution or defense.
The right to object does not exist insofar as the processing is based on Art. 6 (1) lit. b DSGVO and the contact serves to initiate, conclude, or execute a contract.
VII. Social Media
1. Social media presences In addition to this website, we also maintain presences on social media. These can be visited via the corresponding buttons. In this case, personal data may be transmitted to the respective platform. It is possible that, in addition to the storage of the data put in by the user on the platform, further information will also be processed by the platform operator. a) Operation by third parties: The platforms used by us and equipped with our content are operated by Twitter (Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA). b) Scope and content of data processing The platform operator may process the most important data of the computer system from which this is visited, for example, the IP address, the processor type used, and the browser version, including plugins. When visiting the social media pages, the platform operator collects, among other things, the IP address. In addition, the platform operators collect and process further personal data over which we have no control. We would like to point out that the data processing may take place completely or in part outside the European Union. For the user, this may mean that the enforcement of his rights may be more difficult, for example, because foreign courts and authorities may be responsible. The details and options for the individual setting of data protection, including revocation and objection options, are described in the privacy policy of the respective platform operator: Twitter: twitter.com,
User data is regularly processed for market research and advertising purposes. The respective platform operator may, in particular, create usage profiles from the usage behavior and the presumed interests of the user apparent from this, which are used for advertising purposes. As a rule, the profiles are recorded using cookies that are stored on the users' computers. If the user is logged into his account on the respective social medium while visiting our social media site, the portal operator can recognize this and assign the visit to the user's account. c) Purpose of processing The processing of data from your computer system takes place for the purpose of delivering the page content to the user's computer. The processing of further data by the platform operator is for market research and advertising purposes.
d) Legal basis The processing of users' personal data is based on our legitimate interests in providing users with effective information and communicating with them pursuant to Art. 6 para. 1 lit. f. DSGVO. If the users are asked by the respective providers of the platforms to consent to the aforementioned data processing, the legal basis of the processing is Art. 6 para. 1 lit. a., Art. 7 DSGVO.
2. Messages a) Description and scope of data processing. If the user is logged into his social media account when visiting our social media presence, and if this offers a message function, he can send us a message via the social medium using the corresponding button. In the event of contact via the social medium, the user's personal data transmitted with the message will be stored. We use the data exclusively for processing the conversation. b) Legal basis for data processing The legal basis for the processing of the data is Art. 6 para. 1 lit. f DSGVO. Insofar as the contact is directed towards the preparation or conclusion of a contract with us, the additional legal basis is Art. 6 (1) lit. b) DSGVO. If, in this case, a contract is concluded and there is a legal obligation to keep the message, the additional legal basis for the duration of the obligation to keep the message is Art. 6 (1) c) DSGVO. c) Purpose of the data processing The processing of personal data from the email serves us solely to process the contact. This is also a legitimate interest in processing the data. Insofar as the establishment of contact serves the preparation, substantiation, or implementation of a contractual relationship with us, this is the further processing purpose. If it subsequently comes to a legal obligation to store your message, the storage also serves to fulfill the storage obligation. d) Duration of storage The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. For personal data sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when it is clear from the circumstances that the matter in question has been conclusively clarified. If the contact serves to prepare, establish, or implement a contractual relationship with us, we store the data for as long as claims and other rights arising from the contractual relationship may exist (e.g., warranty claims or claims for damages). The duration regularly corresponds to the respective statutory period of limitation. If there is a legal obligation to retain data (§ 147 AO; § 257 HGB), we store the data until the expiration of the legal retention period.
e) Possibility of objection and removal The user has the option to object to the storage of his personal data at any time. In such a case, the conversation cannot be continued. The objection can be made, for example, by sending an e-mail. In this case, we will delete all personal data stored in the course of contacting you, including the objection, unless we are required by law to retain the conversation. As far as we need the stored personal data for the establishment or execution of a contractual relationship with the user, there is no right of objection against the storage.
VIII. Rights of the data subject
If personal data is processed by you, you are a data subject within the meaning of the DSGVO and you are entitled to the following rights vis-à-vis the controller: 1. Right to information You may request confirmation from the controller whether personal data concerning you is being processed by us. If such processing is taking place, you may request information from the controller about the following (1) the purposes for which the personal data are processed; (2) the categories of personal data which are processed; (3) the recipients or categories of recipients to whom the personal data concerning you has been or will be disclosed; (4) the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage period; (5) the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing; (6) the existence of a right of appeal to a supervisory authority; (7) any available information on the origin of the data, if the personal data is not collected from the data subject; (8) the existence of automated decision-making, including profiling, pursuant to Article 22 (1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject. You have the right to request information about whether personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 DSGVO in connection with the transfer.
2. Right to rectification You have a right to rectification and/or completion vis-à-vis the controller if the personal data processed concerning you is inaccurate or incomplete. The controller shall carry out the correction without undue delay.
3. Right to restriction of processing You may request the restriction of the processing of personal data concerning you under the following conditions: (1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data; (2) the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data; (3) the controller no longer needs the personal data for the purposes of processing, but you need it for the establishment, exercise, or defense of legal claims; or (4) if you have objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the controller's legitimate grounds override your grounds. If the processing of personal data concerning you has been restricted, such data may, apart from being stored, only be processed with your consent, for the establishment, exercise, or defense of legal claims, for the protection of the rights of another natural or legal person, or for reasons of important public interest of the Union or a Member State. If the restriction on processing has been lifted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
4. Right to deletion
a) Obligation to delete You may request the controller to erase the personal data concerning you without undue delay, and the controller is obliged to erase such data without undue delay if one of the following reasons applies: (1) The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed. (2) You revoke your consent on which the processing was based pursuant to Art. 6(1)(a) or Art. 9(2)(a) DSGVO and there is no other legal basis for the processing. (3) You object to the processing pursuant to Art. 21 (1) DSGVO and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) DSGVO. (4) The personal data concerning you has been processed unlawfully. (5) The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject. (6) The personal data concerning you has been collected in relation to information society services offered pursuant to Article 8(1) DSGVO.
b) Information to third parties If the controller has made the personal data concerning your public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable steps, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers that process the personal data that you, as the data subject, have requested them to erase all links to, copies, or replications of such personal data.
c) Exceptions The right to erasure does not exist to the extent that processing is necessary. (1) for the exercise of the right to freedom of expression and information; (2) for compliance with a legal obligation that requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; (3) for reasons of public interest in the area of public health pursuant to Article 9(2)(h) and Article 9(3) of the GDPR; (4) for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Art. 89(1) DSGVO, insofar as the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or (5) for the assertion, exercise, or defense of legal claims.
5. Right to information If you have asserted the right to rectification, erasure, or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you has been disclosed of this rectification, erasure, or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients.
6. Right to data portability You have the right to receive the personal data concerning you that you have provided to the controller in a structured, common, and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that: (1) The processing is based on consent pursuant to Art. 6(1)(a) DSGVO or Art. 9(2)(a) DSGVO or on a contract pursuant to Art. 6(1)(b) DSGVO and (2) The processing is carried out with the help of automated procedures. In exercising this right, you also have the right to request that the personal data concerning you be transferred directly from one controller to another, insofar as this is technically feasible. The freedoms and rights of other people must not be affected by this. The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
7. Right of objection You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6 (1) (e) or (f) DSGVO; this also applies to profiling based on these provisions. The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing serves the purpose of asserting, exercising, or defending legal claims. If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to the processing of the personal data concerning you for the purposes of such marketing; this also applies to profiling, insofar as it is related to such direct marketing. If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes. You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.
8. Right to revoke the declaration of consent under data protection law If you have submitted a declaration of consent under data protection law, you have the right to revoke it at any time. The revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
9. Automated decision in individual cases, including profiling. You have the right not to be subject to a decision based solely on automated processing, including profiling, that produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision (1) is necessary for the conclusion or performance of a contract between you and the controller, (2) s permitted by legal provisions of the Union or the Member States to which the controller is subject and these legal provisions contain appropriate measures to protect your rights and freedoms as well as your legitimate interests; or (3) is made with your explicit consent.
However, these decisions may not be based on special categories of personal data pursuant to Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) of the GDPR applies, and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests. With regard to the cases mentioned in (1) and (3), the controller shall take reasonable steps to safeguard your rights and freedoms as well as your legitimate interests, which include, at a minimum, the right to obtain the intervention of a person on the part of the controller, to express his or her point of view, and to contest the decision.
10. Right to complain to a supervisory authority Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work, or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR. The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR. The competent supervisory authority in data protection matters for our company is the state data protection commissioner of the federal state in which our company has its registered office. A list of data protection officers and their contact details can be found at the following link: www.bfdi.bund.de