Data protection notice
Responsible for the collection and use of personal data is the natural or legal entity who decides alone or together with others about the purpose and means of processing personal data.
Name and contact of the party responsible acc. to Art. 4 par. 7 GDPR
Erwin Sander Elektroapparatebau GmbH
Martin Sander (Dipl.Ing.)
Am Osterberg 22
Telefon: 05173 971-0
Telefax: 05173 971-197
Data protection officer
Am Osterberg 22
31311 Uetze-Eltze, Germany
Phone: +49 5173 9710
Safety and protection of your personal data
Our priority is to keep the personal data you provided and protect them from unauthorized access. Therefore we exert the utmost diligence and latest safety standards to guarantee a maximum protection of your personal data.
As a company under private law we underlie the directives of the EU General Data Protection Regulation (GDPR) and the regulations of the Federal Data Protection Law (BDSG). We have taken technical and administrative provisions to ensure that the data protection regulations will be followed not only by us but also by our external service providers.
The legislator demands that personalized data is treated lawfully and in good faith, in a way to be traceable by the affected person (lawfulness, good faith and transparency). To ensure this we explain the single legal definitions used in this data privacy statement:
- Personal data
„Personal data “signifies all information, relating to an identified or identifiable natural person (below” concerned person”). An identifiable person is a person that can be identified, directly or indirectly by assignment to an identifier as a name, number, location data, an online identifier, or by one or several attributes that express the physical, physiological, genetic, psychic, economical or social identity of this natural person.
„Handling“ signifies each process executed with or without the help of automated procedures, or each such process as the collection, the registration, with relation to personalized data, the organization, the sorting, the recording, the adaption or adjustment, the reading, the interrogation, the use, the disclosure by transmission, distribution or any other form of provision, the matching or the linking, the limitation, the deletion or the destruction.
- Restiction of processing
„Restriction of processing“ is the marking of saved personal data with the aim to restrict their processing in future.
„Profiling“ signifies any form of automated processing of personal data to asses certain personal aspects of a natural person, to analyze or predict especially aspects of this natural person such as professional performance, economical situation, health, personal preferences, interests, reliability, behavior, location or change of location.
„Pseudonymisation“ is the processing of personal data in way that the personal data cannot be assigned to a specific affected person without consulting additional information, provided this additional information is stored separately and underlies technical and organizational measures that guarantee that the personal data cannot be assigned to an identified or identifiable natural person.
- File system
„File system“ is any structured collection of personal data available according to specific criteria, no matter whether this collection is kept central or decentral or under functional or geographical aspects.
- Party Responsible
„Party responsible“ is a natural or legal person, agency, institution or other establishment that decides alone or joint over purpose and means of the processing of personal data. If the purpose and means of this processing is predetermined by the law of the European Union or of a member state a party responsible can be predetermined by the law of the European Union or of a member state.
„Processor“ is a natural or legal person, authority, institution or other establishment processing the personal data by order of the party responsible.
„Recipient“ is a natural or legal person, authority, institution or other establishment to whom personal data is disclosed, no matter whether it is a third party or not. Authorities possibly receiving personal data in line with a specific investigation mandate following the law of the European Union or of a member state do not count as recipient. The processing of this data is carried out by these authorities in accordance with the valid data protection regulations subject to the purpose of the processing.
- Third party
„Third party“ is a natural or legal person, authority, institution or other establishment except the affected person, the party responsible, the processor and the persons who are entitled under the immediate responsibility of the party responsible or the processor to process the personal data.
A „compliance“ of the affected person is any voluntarily declared intention for a specific case stated in form of a declaration or any such clearly confirmed action with which the affected person gives to understand that it complies with the processing of this personal data.
Lawfulness of the processing
The processing of personal data is legal only in case that there is a legal basis.
Legal basis for the processing can be especially, following art.6, par. 1 lit. a – f GDPR:
- a. The affected person has complied with the processing of its personal data for one or several specific purposes;
- b. The processing is necessary for the completion of a contract, whose one party is the affected person, or, upon request of the affected person, it is necessary for the execution of pre-contract measures;
- c. The processing is necessary for the fulfillment of a legal responsibility that the party responsible underlies;
- d. The processing is necessary for the protection of vital interests of the affected person or another natural person;
- e. The processing is necessary for to assume responsibility for a task being in public interest or in the execution of public force that has been delegated to the party responsible;
- f. The processing is necessary for the keeping of the rightful interests of the party responsible or a third party, provided that the interests or human rights and fundamental freedoms requiring the protection of personal data don’t overweigh, especially if the affected person is a child.
Information about the collection of personal data
(1) Below you find information about the collection of personal data when using our website. Personal data are e.g. name, address, e-mail addresses, user behavior.
(2) In case of contacting us by e-mail or by using a contact form the data you transmit (your e-mail address, if applicable your name and your phone number) will be saved to answer your questions. Data transmitted to us in this context will be deleted after the saving is no longer necessary or the processing will be restricted if there is a legal obligation for saving.
Information about the collection of personal data when visiting our website
(1) When using our website simply for information meaning you don’t register or transmit other information we only collect the data your browser transmits to our server. When you look at our website we collect the following data technically necessary for us to show you our website and ensure stability and security – legal base is art.6 par.1 page 1 lit. f. GDPR:
- Date and time of request
- Difference of time zone to Greenwich Mean Time (GMT)
- Contents of request (actual page)
- State of access /HTTP-Status code
- Respective transmitted data volume
- Website originating the request
- System software and its surface
- Language and version of browser software.
(2) The data will be deleted after a period of 30 days.
(3) The registration of the data for furnishing the website and the saving of the data in log files is compelling for the furnishing of a website. Therefore there is no right for the user to enter an objection.
Application of Cookies
(1) Additionally to afore mentioned data cookies will be saved on your computer when using our website. Cookies are small text files that will be saved on your computer allocated to the browser you use, and through which certain information will be sent to the position the cookie sets.
Cookies cannot execute programs or transmit virus to your computer. They serve to make the internet offers overall more user friendly and more effective.
(2) This website uses the following kind of cookies, their range and mode of operation is explained below:
- Transient Cookies (see a.)
- a. Transient cookies will be deleted automatically when you close your browser, especially session cookies. These save a so-called session-ID, which serve to allocate the diverse request of your browser to the joint session. This way your computer may be recognized when you return to our website. The session cookies will be deleted when you log out or close the browser.
- b. Persistent cookies will automatically be deleted after a pre-determined period, which may vary according to the particular cookie. You can delete the cookies nay time in the safety settings of your browser.
- c. You can configure your browser settings according to your wishes, e.g. refuse the acceptance of third party cookies or all cookies. So-called „third party cookies“ are cookies that have been set by a third party hence not by the actual website you are on. Please note that by deactivation of cookies you may not be able to use all functions available on this website.
Additional functions and offers of our website
(1) Apart from using our website simply for information we offer several services you can use if interested. For this you usually have to transmit further personal data we use for perform the individual service, for which afore mentioned principles for the processing of data apply.
(2) To some extent we use external services to process your data. These have been chosen and commissioned carefully, they are ordered to act in accordance with our instructions and are controlled regularly.
(3) Furthermore we may transmit your personal data to third parties when we offer participation in marketing actions, competitions, conclusion of contracts or similar services together with partners. You will more detailed information when you transmit your data or in the descriptions of the offers.
(4) Should our external services or partners are allocated outside of the European Economic Area (EEA) we will inform you about the consequences of this fact in the description of the offer.
As a basic principle our offer is directly towards adults. Persons under the age of 18 years should not transmit any data to us without the consent of their parents or legal guardian.
Rights of affected person
(1) Right of withdrawal of consent
Provided the processing of personal data is based on a given consent you have the right to withdraw the consent any time. By withdrawing the consent the lawfulness of the processing, based on the consent until the withdrawal of the consent is not touched.
For the execution of the right of withdrawal please contact us at any time.
(2) Right of Confirmation
You have the right to receive a confirmation by the responsible party whether we are processing your personal data. You have the right to demand this confirmation any time by contacting the above mentioned responsible party.
(3) Right of access
Provided personal data is being processed you have the right of access to this data and to be informed about the following any time:
- a. Purpose of processing;
- b. Categories of processed data;
- c. The recipients or categories of recipients of the personal data or future recipients the personal data, especially those recipients in third countries or at international organizations;
- d. If possible the planned duration of the saving of the personal data, of if this not possible, the criteria for the determination of the duration ;
- e. The existence of a right of correction or deletion of personal data concerning you or the right of restriction of the processing through the responsible party, or a right of objection against this processing;
- f. The existence of a right of appeal to a controlling institution;
- g. If the personal data has not been provided by yourself, you have the right to get access to all available sources of the data;
- h. The existence of an automated decision-making including profiling according to article 22 par.1 and 4 GDPR and – at least in these cases – significant information about the involved logic as well as extent and the sought for consequences of such a processing for the person concerned.
If personal data is transmitted to a third county or an international organization you have the right to be informed about the suitable guaranties according to article 46 GDPR in connection with this transmission. We will provide a copy of the personal data being the object of the processing. For all further copies you as a person request we may charge an adequate amount based on the administrative cost.
If your request is put in electronically the information will be provided in an established electronical format, as far as not requested otherwise. The right to receive a copy according to par.3 may not impart the rights and freedoms of another person.
(4) Right of Correction
You have the right to demand the immediate correction of false personal data concerning you. Observing the purpose of the processing you have the right to demand the completion of incomplete personal data - even with an amended declaration.
(5) Right of deletion („right to be forgotten“)
You have the right to demand of the responsible person that your personal data be immediately deleted, and we have the duty to delete all personal data for one of the following reasons
- a. The personal data is no longer necessary for the purposes the have been collected or processed for.
- b. The person concerned withdraws the consent for the processing based on article 6 par.1 letter a or article 9 par. 2 letter a GDPR and there is no other legal basis for the processing.
- c. The person concerned lodges a protest against the processing according to article 21 par. 1 GDPR and there are no overriding legitimate reasons for the processing, or the person concerned lodges a protest against the processing according to article 21 par. 2 GDPR.
- d. The personal data has been processed illegally.
- e. The deletion of the personal data is necessary for fulfilling a legal obligation according to European law or according the law of the member state applying to the responsible person.
- f. The personal data has been collected in reference to offered services of the information society according to article 8 par. 1 GDPR
If a responsible party has published the personal data and has the obligation to delete it according to par. 1, the responsible party will take measures, in due consideration of the available technologies and cost of implementation to inform the parties responsible for the processing of personal data that a concerned person has demanded a deletion of all links to this personal data or to copies or replications of this personal data.
- The right of deletion („ right to be forgotten”) does not exist as far as the processing is necessary for:
- the execution of the right of freedom of expression and information;
- the performance of a legal obligation that requires the processing according to the right of the EU or the member states the responsible party is subject to, or to perform a task of public interest or governance the responsible party has been assigned to;
- For reasons of public interest in the field of public health according to article 9 par 2 letters h and i as well as article 9 par 3 GDPR;
- For archival storage in the public interest, scientific or historical purposes or statistical purposes according to article 89 par 1 GDPR, as far as the law mentioned in par. 1 is likely to prevent or seriously impair the realization of the aims of this processing or
- For the enforcement, execution or defense of legal claims.
(6) Right of restriction of the processing
You have got the right to demand the restriction of the processing of your personal data under the following premises:
- a. The concerned person contradicts the correctness of the personal data, and this for the period of time that enables the party responsible to check the correctness of the personal data,
- b. The processing is illegal, and the concerned person demands the limitation of the use of the data instead of the deletion of the data;
- c. The party responsible does no longer need the personal data for the purpose of processing but the concerned person needs the for the enforcement, execution or defense of legal claims; or
- d. The concerned person has lodged a protest against the processing according to article 21 par 1 GDPR as long as it is not decided that legitimate reasons predominate the reasons of the concerned person.
If the processing has been restricted for the above mentioned reasons, apart from their storage this personal data will only be processed with the authorization of the concerned person for the enforcement, execution or defense of legal claims or for the protection of the rights of another natural or legal person or for important reasons of public interest for the European Union or a member state.
To enforce the right of restriction of the processing the concerned person can contact us any time at the above mentioned contact address.
(7) The right of data transferability
You are entitled to receive the personal data you have provided us with in a structured, usual and machine readable format, and are entitled to transfer this data to another party responsible without being interfered by the party responsible who originally received the data, if:
- a. the processing is based on an agreement according to article 6 par. 1letter a or article 9 par. 2 letter a or on a contract according to article 6 par. 1 letter b GDPR and
- b. the processing is executed in an automated process.
When executing the right of data transferability you have got the right to effect that the personal data is being transferred from one party responsible directly to another party responsible, as far as this is technically realizable. The execution of the right of data transferability leaves the right of deletion (“right to be forgotten”) untouched. This right does not apply to a processing necessary for the execution of a task of public interest or necessary in executing public authority which has been assigned to the party responsible.
(8) Right of objection
You have got the right to object to the processing of your personal data, based on art. 6 par 1 letter e and f GDPR, any time for reasons resulting from your special situation; this applies also to a profiling based on these regulations. The party responsible does no longer process the personal data, unless he can prove to have compelling protection requiring reasons for the processing which predominate the interests, rights and freedom of the person concerned or the processing serves to enforce, execute or defend legal claims.
If personal data is processed for advertisement you have got any time the right to object to the processing of your personal data for these purposes; this applies also to the profiling in connection with advertisement. If you object to the processing for advertising purposes your personal data will no longer be processed for these purposes.
In connection with the services of the information society you can execute your right of objection using automated procedures regardless directive 2002/58/EG. You have the right to object to the processing of your personal data for scientific or historical research or statistical purposes acc. Art. 89 par 1 for reasons resulting from your special situation, unless the processing is necessary for the execution of a task of public interest.
You can execute the right of objection any time by contacting the relevant party responsible.
(9) Automated decisions in individual cases including profiling
You have the right not to be subject to a decision based on exclusively automated processing – including profiling–that will have a legal effect on you or will compromise you in a similar way. This will not apply if the decision:
- b. is necessary for the conclusion or fulfillment of a contract between the concerned person and the party responsible,
- c. is admissible based on legal regulations of the EU or the member states the party responsible is subject to and that these regulations contain adequate measures to ensure the right and freedoms of the concerned person , or
- d. is made with explicit agreement of the person concerned.
The party responsible takes adequate measures to guarantee the rights and freedoms and legitimate interests of the concerned person , at least respecting the right of effecting the intervention by a person on the part of a party responsible, the explanation of the own standpoint and the appeal of the decision.
You can execute the right of objection any time by contacting the relevant party responsible.
(10) The right of appeal to a controlling institution
Notwithstanding an otherwise administrative or legal judicial remedy you furthermore have the right of appeal to a controlling institution, especially in the member state of your residency, your work place or the place of the alleged violation, if the person concerned is of the opinion that the processing of the personal data is in breach with these regulations.
(11) Right of effective judicial remedy
Notwithstanding a forthcoming administrative or extra judicial remedy including the right of appeal to a controlling institution according to art. 77 GDPR you have the right of effective judicial remedy if you are of the opinion that your rights based on these regulations have been impaired as a consequence of a processing of the data not in accord with these regulations.
We are using external service providers (subcontractors), e.g. .for dispatch of goods, webhosting or payment management. With these subcontractors we have separate contracts for the processing of order data to guarantee the protection of your personal data. We co-operate with the following subcontractor:
fishfarm netsolutions GmbH, Hamburger Str. 273 B, 38114 Braunschweig, info(at)fishfarm.de
The constant further development of our internet appearance and further offers or changes of the valid legal norms requires will require from time to time an update of these data protection information. Here we will keep you informed about the relevant alterations.
Uetze-Eltze, den 06.06.2019