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Data Privacy Notice

General introduction:
We take the protection of your personal data very seriously and want to ensure that your visit to our website is secure. Our data protection practices adhere in particular to the provisions of the EU General Data Protection Regulation, the German Data Protection Act (Bun-desdatenschutzgesetzes - BDSG - new) and the German Telemedia Act (Telemediengesetz - TMG). This notice informs you about the type, scope and purpose of the processing of your personal data. We should advise you that this Data Privacy Notice only relates to our website and not to any third party websites which we may offer link to.

Protected subject matter:
The protected subject matter is personal data. The means all information relating to an identi-fied or identifiable natural person (hereafter “Data Subject”). This includes all data which may be attributed to your identity (for example, details such as your name, postal address, email address and telephone number).

Technical requirements:
In order to connect to our website, your browser transfers certain data to the web server of our website. This is a technical requirement to make the information from our website available to you. In order to enable this, among other things, your IP address, the data and time of your request and the type of your operating system will be stored and used for a maximum of 30 days. We reserve the right to store this data for a limited period for the protection of our legitimate interests, in order, in the case of illegal attacks or attempts to cause losses to us in this way, to derive personal data (Art. 6, para. 1 f GDPR). The data will only be retained or transferred by us for this and no other purposes, unless we informed you in advance and request permission.

Cookies:
Cookies are small text files which are saved on your computer or your mobile device, for ex-ample, in order to recognise whether you are visiting websites from the same device or browser repeatedly. In general, we use cookies to analyse the interest in our website and to improve the user-friendliness of our website. You can also normally visit our website without cookies.

Cookies can generally be deactivated or deleted by tools that are available in most commercial browsers. The settings must be specified separately and set individually for each browser that you use. Different browsers offer differing functions and options in this regard.

In order to make full and easy use of our website, you should accept those cookies which enable the use of certain functions, or make it easier to use. The following summary informs you of the purposes for which we use cookies and how long we store them for:

Cookie list:
Name Page Function Storage duration
CMSPreferredCulture www.ems-bau.com This saves the preferred cultural content of the visitor. On websites which are in several languages, the cookie ensures that the language selected by the user on his or her first visit appears as the default setting for future visits. On-going
CMSCsrfCookie www.ems-bau.com The data transferred via the POST system of the user is saved under a security token. This prevents attacks on the website through false enquiries. Until end of session
ASP.NET_SessionId www.ems-bau.com

Retains the status of the user with all page queries.

Until end of session
VisitorStatus www.ems-bau.com

Indicates  if the visitor is new or returning.

Until end of session
CMSUserPage www.ems-bau.com Stores  the IDs (DocumentID, NodeID) of the last visited page. On-going
CMSCurrentTheme www.ems-bau.com Stores  the name of the current visual theme to provide proper design to the dialog windows. Until end of session
CMSCookieLevel www.ems-bau.com Specifies which cookies are allowed by the visitor. Until end of session 
_ga www.ems-bau.com Registers a unique ID which is used to generate statistical data as to how the visitor uses the website. Until end of session
_gid www.ems-bau.com Registers a unique ID which is used to generate statistical data as to how the visitor uses the website. Until end of session
_gat www.ems-bau.com Used by Google Analytics to reduce the query rate 2 years
 

You will be advised about the use of these cookies through the notice contained on our cookie banner when you visit our website and accept these either through continued use or by clicking on the "Agree” button.

Types of cookie:
The following provides you with more information about the most commonly used type of cookies:

1.    Session cookies:
Session cookies enable a user and the changes made by him or her within a website to be recognised in future. They enable the website to track your movements across individual pages so that information which has already been entered or stored does not need to be en-tered or stored again. An example of this is the shopping basket in web shops. Session cookies store the selected products in the shopping basket so that this contains the correct articles for payment at the check-out. Session cookies will be deleted upon logout or will cease to work as soon as the session automatically expires.

2.    Permanent or protocol cookies:
A permanent, or protocol cookie saves the information and preferences of the user on the user’s computer for the period provided for in the expiration date. This facilitates quicker and easier interactions as, for example, language preferences do not need to be re-selected, or log-in details reentered. The cookie will be automatically deleted following the end of the storage period.

3.    Third party cookies:
Third party cookies normally do not impact the use of the website, as they do not originate from the operator of the website. They may, for example, be used to collect information for the purposes of advertising, user specific content and web statistics and to provide this to the relevant third party provider.

4.    Tracking Cookies:
Tracking cookies are specific text files which enable data concerning the behaviour of the internet user to be collected. They obtain information about the specific interests of the user, in order, for example, to launch tailored advertisements. Tracking cookies are therefore not only enabled upon registration, but also automatically when visiting the website.

The examples set out above as to the most common types of cookies are intended to give you a general overview of these forms of collection. The explanations are not intended to be com-prehensive. It is likely that further types of cookies will be developed in due course, owing to technical IT developments. Please keep yourself regularly informed about recent changes before using our website via our Data Privacy Notice.

Users of our contact form:
There is a contact form on our website that can be used to make contact electronically. In order to ensure safe transmission of your data we use a state of the art encrypted connection with a SSL certificate during the transmission. By your consent, you permit us to process your data for the specific purposes of answering your query (Art. 6, para 1 a GDPR). We store your name and email address and any other information which you provide in order to make contact with you and answer your query appropriately. We only process your data for the above stated purposes.

Login portal:
We use a login portal to delimit a protected area that is only accessible to registered users. You will receive the login data for your registration by successfully registering on our website. As long as you are registered, you can access the content and services that we only offer to registered users. Registered users also have the option of changing or deleting the data provided during registration at any time. During your login process, your registration and the resulting transfer of your personal data is secured by encryption. The same applies for the duration of your visit to the protected area.

Tracking tools:
Our website uses functions of the website analysis service Google Analytics. We explain below what type of data is analysed through this service.

Use of Google Analytics with the anonymisation function
We use Google Analytics, a website analysis serviced of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereafter “Google”. Google Analytics us-es cookies which enable an analysis of your use of the website. The information ex-tracted by the cookies concerning the use of our on-line offer (e.g. when, where and how often you visit our website, including the IP address) is normally transferred to a Google server in the USA and stored there. In order that the personal aspect of your IP address is omitted, it is immediately shortened following your connection (e.g. by deletion of the last 8 bit) and thereby anonymised. IP anonymisation applies to all Member States of the European Union and in other contracting states of the European Economic Area. Further information regarding IP anonymisation and the use of data by Google can be found at: https://support.google.com/analytics/answer/2763052?hl=de

If you wish to decide for yourself which data is collected by Google from the websites you connect to, you can download a deactivation add-on for your internet browser. This add-on does not, however, prevent data being transferred to us or other web analysis services used by us. Further information about the use and installation of the add-on can be found at: https://tools.google.com/dlpage/gaoptout?hl=de

If you use a mobile device (e.g. a smartphone) to access our website or if you generally wish to prevent the use of Google Analytics on this website please click on this link http://www.ems-bau.com/prevent-the-use-of-google-analytics/ in order to prevent the transfer of analysis data to Google Analytics. The above link is also a possible alterna-tive to the browser add-on outlined above, as it activates an “opt-out” cookie, which is only valid for this browser and this domain. If cookies are deleted in this browser, this cookie is also deleted and you must click on the link again.


Further general information:
Amendments to this Data Privacy Notice
We check the Data Privacy Notice at regular intervals for compliance with statutory require-ments, in the light of case law, in relation to information from the regulatory authorities as well as from the perspective of emerging trends and developments in technical standards. To this extent, we reserve the right to amend this Data Privacy Notice, in order to ensure its compli-ance with new statutory provisions for data protection and other changes to the factual or legal position. Please therefore ensure that you check the current applicable Data Privacy Notice when commencing use of our website.

Who is responsible for data processing? (Art. 13 para. 1 a, b GDPR)
The data controller for data processing on our website is Hoesch Bausysteme GmbH. Our con-tact details can be found in the Impressum section of our website: https://www.ems-bau.com/impressum/

You can contact our Data Protection Officer at:
Hoesch Bausysteme GmbH
FAO the Data Protection Officer
Hammerstrasse 11
57223 Kreuztal
Email: datenschutz@hoesch-bau.com
Tel.: +49 (0) 2732 599 – 1412

Who receives your personal data? (Art. 13 para. 1, e, f GDPR)
We treat your personal data as confidential and generally do not pass this on to third parties, unless you have provided your consent to this or we are required to do so on the basis of a statutory or contractual obligation. In certain situations we use sub-processors to process your personal data.  This happens in accordance with Art. 28 GDPR and on the basis of a sub-processing agreement.

How long is the data stored for? (Art. 13 para. 2 a GDPR)
The legislators have provided for numerous retention requirements and storage periods.

In general, we only store your data for as long as legally necessary.

Following the expiry of these periods the relevant data is routinely deleted, when it is no longer necessary for contractual purposes. Data which we process on the basis of your consent is stored until consent is withdrawn, or for as long as the data is needed. Data which we process on the basis of a legitimate interest is stored for as long as the legitimate interest exists.

Commercial or financial data relating to a past financial year will be deleted in accordance with legal requirements after ten years, provided that no longer retention period is prescribed or necessary for legitimate reasons. Where no specific retention periods apply, data will be deleted when the purposes for which it is processed no longer exist.

For what purposes and on what legal basis do we process your personal data? (Art. 13 para. 1, c, d GDPR)

We have set out above the purposes and legal bases for data processing. In addition, the fol-lowing information generally applies: To the extent necessary we process your data to protect our legitimate interests or those of third parties in accordance with Art. 6, para. 1 f GDPR, for example, for the bringing of legal claims and defences in legal disputes or to protect our IT operation and its security.

Where we have a legitimate interest in doing so, or we have received your written consent to the processing of your personal data, we process your data for the purposes of external communication and for marketing on the basis of Art 6. para. 1 a or f GDPR. You have the right to withdraw your consent at any time.

We may or must process your data and provide to third parties to the extent necessary to comply with legal requirements (pursuant to Art. 6, para. 1c).

We never use your data for automated decision making or profiling.

However, we do use cookies in order to offer you a better service when using our website, and to make this use easier for you (Art. 6, para. 1 f GDPR).

What are your rights and duties? (Art. 13 para. 2, b, c, d, e GDPR)
All Data Subjects have the following rights:

  • Under Art 15, GDPR you have the right to information. This means that you can request confirmation from us as to whether your personal data is processed by us.
  • Under Art 16, GDPR you have the right to rectification. This means that you can request that we rectify incorrect personal data that we hold about you.
  • Under Art 17, GDPR you have the right to erasure (“Right to be forgotten”). This means that you can request that your personal data is deleted without delay, unless we are unable to erase your data due, for example, to statutory retention obligations.
  • Under Art 18, GDPR you have the right to restrict processing. This means that we may no longer process your data, apart from its storage.
  • Under Art 20, GDPR you have the right to data portability. This means that you have the right to receive the personal data which you have provided us with in a structured, acces-sible and machine-readable format and to transfer this data to another data controller.
  • Under Art 7, para. 3 GDPR you have the right to withdraw your consent in respect of fu-ture processing.
  • Under Art 77, GDPR you have the right to complain to the responsible regulatory authority.  

In addition, you have a right to object which is explained further at the end of this Data Privacy Notice.

If you wish to exercise your rights, please contact the Data Protection Officer (contact details above).

Responsible regulatory authority
State Data Protection Officer
Nordrhein-Westfalen
Office location: Kavalleriestr. 2-4, 40213 Düsseldorf
Postal address: Postfach 200444, 40102 Düsseldorf
Tel.: +49 (0) 211 38424 -0
Email Address: poststelle@ldi.nrw.de

Information concerning your right to object pursuant to Art. 21 General Data Protection Regulation (GDPR)

You have the right for reasons relating to your particular situation to object at any time to the pro-cessing of your personal data, on the basis of Article 6, para. 1 f GDPR (data processing on the basis of a balancing of interests); this also applies to the use of profiling under this provision with-in the meaning of Article 4, no. 4 GDPR.

If you object we will no longer process your personal data unless we can demonstrate compelling reasons for the processing that require protection that outweigh your interests, rights and free-doms or if the processing is required for the bringing, exercise or defence of legal claims.

Please send your objection in writing (by email or post) to our Data Protection Officer (contact details above).



 
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