Sebastian Merk / Michael Sachs
Samecon GmbH & Co. KG
Mergenthalerallee 77, 65760 Eschborn, Germany
Security and protection of your personal data
We consider it our primary responsibility to maintain the confidentiality of the personal data you provide and to protect it from unauthorised access. We therefore apply the utmost care and the most modern security standards to ensure maximum protection of your personal data.
As a company under private law, we are subject to the provisions of the European basic data protection regulation (DSGVO) and the regulations of the Federal Data Protection Act (BDSG). We have taken technical and organisational measures to ensure that the regulations on data protection are observed both by us and by our external service providers.
Definitions of terms
- Personal Data
“Personal data” shall mean any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, a location data, an on-line identification or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Processing” means any operation or set of operations, performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- Restriction of processing
“Restriction of processing” means the marking of stored personal data with a view to restricting their processing in the future
“profiling” means any automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular with a view to analysing or predicting aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, location or movement of that natural person
“Pseudonymisation” means the processing of personal data in such a way that the personal data cannot be attributed to a specific data subject without the inclusion of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data cannot be attributed to an identified or identifiable natural person
- File system
“File system” means any structured collection of personal data accessible according to specific criteria, whether centralised, decentralised or organised on a functional or geographical basis
- Responsible person
“Responsible person’ shall mean any natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or national law, provision may be made for the controller or for the specific criteria for his or her designation under Union or national law
“processor” means any natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller
“recipient” means any natural or legal person, public authority, agency, body or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the course of a specific investigation carried out pursuant to Union law or the law of the Member States are not considered to be recipients; the processing of such data by those authorities is carried out in accordance with the applicable data protection rules and in accordance with the purposes of the processing.
- Third party
“third party” means any natural or legal person, public authority, agency or any other body, other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorised to process the personal data.
“Consent” of the data subject means any freely given specific, informed and unequivocal expression of his or her wishes in the form of a declaration or other unequivocal affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.
Lawfulness of processing
The processing of personal data is lawful only if there is a legal basis for the processing. According to Article 6(1), the legal basis for processing may be
lit. a – f DSGVO in particular:
a. The data subject has given his or her consent to the processing of personal data concerning him or her for one or more specific purposes;
b. processing is necessary for the performance of a contract to which the data subject is party or for the implementation of pre-contractual measures taken at the request of the data subject;
c. processing is necessary for compliance with a legal obligation to which the controller is subject;
d. processing is necessary to protect the vital interests of the data subject or of another natural person;
e. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
f. processing is necessary to protect the legitimate interests of the controller or of a third party except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data, in particular where the data subject is a child.
Information on the collection of personal data
(1) In the following we provide information about the collection of personal data when using our website. Personal data are e.g. name, address, e-mail addresses, user behaviour.
(2) If you contact us by e-mail, the data you provide (your e-mail address, your name and telephone number if applicable) will be stored by us in order to answer your questions. We delete the data arising in this connection after storage is no longer necessary, or processing is restricted if there are legal obligations to retain data.
Collection of personal data when visiting our website
If you use the website for informational purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser sends to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website and to ensure its stability and security (legal basis is Art. 6 para. 1 sentence 1 lit. f DSGVO)
– IP address
– Date and time of the request
– Time zone difference to Greenwich Mean Time (GMT)
– Content of the request (concrete page)
– Access status/HTTP status code
– Amount of data transmitted in each case
– Website from which the request comes
– Operating system and its interface
– Language and version of the browser software.
(1) In addition to the data mentioned above, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive in accordance with the browser you are using and through which certain information flows to the site that sets the cookie. Cookies cannot execute programs or transfer viruses to your computer. They are used to make the website more user-friendly and effective overall.
(2) This website uses the following types of cookies, the scope and function of which are explained below:
– Transient cookies (for this purpose a.)
– Persistent cookies (see b.).
a. Transient cookies are automatically deleted when you close the browser. This includes in particular session cookies. These store a so-called session ID, with which various requests from your browser can be assigned to the common session. This enables your computer to be recognised when you return to our website. The session cookies are deleted when you log out or close the browser.
b. Persistent cookies are automatically deleted after a specified period of time, which may vary depending on the cookie. You can delete the cookies in the security settings of your browser at any time.
c. You can configure your browser settings according to your wishes and
z. e.g. refuse to accept third party cookies or all cookies. So-called “third party cookies” are cookies that were set by a third party, i.e. not by the actual website on which you are currently located. Please note that by deactivating cookies you may not be able to use all the functions of this website.
Further functions and offers of our website
(1) In addition to the purely informative use of our website, we offer various services which you can use if you are interested. For this purpose, you will generally have to provide additional personal data which we use to provide the respective service and to which the aforementioned data processing principles apply.
(2) In some cases we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are checked regularly.
(3) Furthermore, we may pass on your personal data to third parties if we offer campaigns, competitions, the conclusion of contracts or similar services together with partners. You will receive more detailed information on this when you provide your personal data or in the description of the offer below.
(4) If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you of the consequences of this in the description of the offer.
Our offer is basically aimed at adults. Persons under 18 years of age should not transmit personal data to us without the consent of their parents or legal guardians.
Rights of the data subject
(1) Revocation of consent
If the processing of personal data is based on a granted consent, you have the right to revoke this consent at any time. Revocation of consent does not affect the lawfulness of the processing carried out on the basis of consent until revocation.
You can contact us at any time to exercise your right of revocation.
(2) Right to confirmation
You have the right to request confirmation from the data controller as to whether we are processing personal data concerning you. You can request such confirmation at any time by contacting us at the contact details given above.
(3) Right of access
If personal data is processed, you can request information about this personal data and about the following information at any time:
a. the purposes of processing;
b. the categories of personal data processed;
c. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organisations;
d. if possible, the envisaged period for which the personal data will be stored or, if this is not possible, the criteria for determining this period;
e. the existence of a right of rectification or erasure of personal data concerning you or of a right of opposition to or limitation of the processing by the controller;
f. the existence of a right of appeal to a supervisory authority;
g. if the personal data are not collected from the data subject, any available information as to their origin;
h. the existence of automated decision-making, including profiling, in accordance with Article 22, paragraphs 1 and 4 of the DPA and, at least in these cases, meaningful information on the logic involved and the scope and intended effects of such processing on the data subject.
If personal data are transferred to a third country or to an international organisation, you have the right to be informed of the appropriate safeguards pursuant to Article 46 FADP in connection with the transfer. We will provide a copy of the personal data which is the subject of the processing. We may charge a reasonable fee for any further copies you request of personal data on the basis of administrative costs. If you make the request electronically, the information must be provided in a standard electronic format, unless the request states otherwise. The right to receive a copy in accordance with paragraph 3 must not prejudice the rights and freedoms of others.
(4) Right of rectification
You have the right to ask us to correct any inaccurate personal data concerning you without delay. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data, including by means of a supplementary declaration.
(5) Right of deletion (“right to be forgotten”)
ou have the right to demand that the person responsible for your personal data be deleted immediately and we are obliged to delete personal data immediately if one of the following reasons applies:
a. The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
b. The data subject withdraws the consent on which the processing was based under Article 6 paragraph 1 letter a or Article 9 paragraph 2 letter a FADP and there is no other legal basis for the processing.
c. The data subject lodges an objection to the processing pursuant to Article 21 paragraph 1 DPA and there are no overriding legitimate reasons for the processing, or the data subject lodges an objection to the processing pursuant to Article 21 paragraph 2 DPA.
d. The personal data were processed unlawfully.
e. The deletion of personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
f. The personal data have been collected in relation to information society services offered in accordance with Article 8(1) of the DPA.
Where the controller has made the personal data public and is obliged to delete them in accordance with paragraph 1, he shall take reasonable measures, including technical measures, taking into account available technology and implementation costs, to inform data controllers who process the personal data that a data subject has requested them to delete all links to those personal data or to make copies or replications of those personal data.
The right of cancellation (“right to be forgotten”) does not apply where processing is necessary:
– to exercise the right to freedom of expression and information;
– to comply with a legal obligation to which the processing relates under Union or national law to which the controller is subject, or to carry out a task carried out in the public interest or in the exercise of official authority vested in the controller;
– for reasons of public interest relating to public health, in accordance with Article 9(2)(h) and (i) and Article 9(3) of the DSGVO;
– for archiving, scientific or historical research purposes in the public interest or for statistical purposes in accordance with Article 89 paragraph 1 of the DSGVO, insofar as the law referred to in paragraph 1 is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or
– to assert, exercise or defend legal claims.
(6) Right to restrict processing
You have the right to ask us to limit the processing of your personal data if one of the following conditions is met:
a. the accuracy of the personal data is disputed by the data subject, for a period of time which enables the controller to verify the accuracy of the personal data
b. the processing is unlawful and the data subject refuses to have the personal data deleted and instead requests that the use of the personal data be restricted;
c. the controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to exercise or defend his rights; or
d. the data subject has lodged an objection to the processing in accordance with Article 21 paragraph 1 DSGVO as long as it has not yet been established whether the legitimate reasons of the controller outweigh those of the data subject.
Where processing has been restricted in accordance with the above conditions, such personal data, apart from being stored, will be processed only with the consent of the data subject or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.
In order to exercise the right to limit processing, the data subject may at any time contact us at the contact details given above.
(7) Right to data transferability
You have the right to receive the personal data concerning you that you have provided us in a structured, common and machine-readable format and you have the right to transfer this data to another responsible party without hindrance from the responsible party to whom the personal data was provided, provided that
a. the processing is based on a consent pursuant to Article 6 paragraph 1 letter a or Article 9 paragraph 2 letter a or on a contract pursuant to Article 6 paragraph 1 letter b DSGVO and
b. the processing is carried out using automated procedures.
When exercising the right to transfer data in accordance with paragraph 1, you have the right to obtain that personal data be transferred directly from one controller to another controller, insofar as this is technically feasible. Exercising the right to data transferability is without prejudice to the right of deletion (“right to be forgotten”). This right does not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
(8) Right of objection
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6 paragraph 1 letters e or f of the DPA, including profiling based on these provisions. The controller will no longer process the personal data unless he can demonstrate that there are compelling legitimate reasons for processing which outweigh the interests, rights and freedoms of the data subject or that the processing is necessary for the exercise or defence of legal claims.
Where personal data are processed for the purpose of direct marketing, you have the right to object, at any time, to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it relates to such direct marketing. If you object to processing for the purposes of direct marketing, your personal data will no longer be processed for those purposes.
In the context of the use of information society services, you may exercise your right of objection by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.
You have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you for the purposes of scientific or historical research or for statistical purposes, as referred to in Article 89(1), except where such processing is necessary for the performance of a task carried out in the public interest.
You may exercise your right of objection at any time by contacting the controller concerned.
(9) Automated case-by-case decisions including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects in relation to you or significantly affects you in a similar way. This does not apply if the decision:
a. is necessary for the conclusion or performance of a contract between the data subject and the controller
b. is authorised by Union or national legislation to which the controller is subject and that legislation provides for appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject; or
c. with the express consent of the person concerned.
The controller shall take appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, including at least the right to obtain the intervention of the controller, to express his point of view and to challenge the decision.
The data subject may exercise this right at any time by contacting the person responsible.
(10) Right of appeal to a supervisory authority
They also have, without prejudice to any other administrative or judicial remedy, the right to complain to a supervisory authority, in particular in the Member State in which they are resident, in their place of employment or in the place where the alleged infringement occurs, if the data subject considers that the processing of personal data relating to them is being carried out in breach of this Regulation.
(11) Right to an effective judicial remedy
Without prejudice to any available administrative or extrajudicial remedy, including the right to appeal to a supervisory authority under Article 77 of the DPA, you have the right to an effective judicial remedy if it considers that your rights under this Regulation have been infringed as a result of the processing of your personal data contrary to this Regulation.
Use of Google Analytics
(1) This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, in the event that IP anonymisation is activated on this website, your IP address will be shortened by Google within member states of the European Union or in other states which are party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on the website activities and to provide further services to the website operator in connection with the use of the website and the internet.
(2) The IP address transmitted by your browser within the framework of Google Analytics is not combined with other data from Google.
(4) This website uses Google Analytics with the extension “_anonymizeIp()”. This enables IP addresses to be processed in a shortened form, thus excluding the possibility of personal references. If the data collected about you contains a personal reference, this is immediately excluded and the personal data is therefore deleted immediately.
(5) We use Google Analytics to analyse and regularly improve the use of our website. We can use the statistics obtained to improve our offer and make it more interesting for you as a user. For the exceptional cases in which personal data is transferred to the USA, Google has subjected itself to the EU-US Privacy Shield, www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Art. 6 para. 1 sentence 1 lit. f DSGVO.
(7) This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID. You can deactivate the cross-device analysis of your usage in your customer account under “My Data”, “Personal Data”.
Integration of Google Maps
(1) On this website we use the offer of Google Maps. This allows us to display interactive maps directly on the website and enables you to use the map function conveniently.
(2) By visiting the website, Google receives the information that you have called up the corresponding subpage of our website. In addition, the data collected during your visit to our website is transmitted. This is done regardless of whether Google provides a user account through which you are logged in or whether no user account exists. If you are logged in at Google, your data will be assigned directly to your account. If you do not wish to be assigned to your profile on Google, you must log out before activating the button. Google stores your data as user profiles and uses them for the purposes of advertising, market research and/or the needs-based design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have a right of objection to the creation of these user profiles, whereby you must contact Google to exercise this right.
(3) Further information on the purpose and scope of data collection and its processing by the plug-in provider can be found in the provider’s data protection declarations. There you will also find further information on your rights in this regard and setting options for protecting your privacy: www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield, www.privacyshield.gov/EU-US-Framework.