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Privacy Statement

Name and contact data of the controller according to Article 4 (7) GDPR

garbou GmbH
Dornaper Strasse 18
D-42327 Wuppertal
Tel: +49 (0) 2058 89725-0
Fax: +49 (0) 2058 89725-19
info@garbou.de

Security and protection of your personal data

We consider it our primary responsibility to protect the confidentiality of the personal data you provide and to protect them from unauthorised access. That is why we use the utmost care and state-of-the-art security standards to ensure maximum protection of your personal data.

As a private-law company, we are subject to the provisions of the European Data Protection Regulation (GDPR) and the regulations of the German Data Protection Act (BDSG). We have taken technical and organisational measures to ensure that the data protection regulations are respected both by us and by our external service providers. 

Definitions

The legislator demands that personal data are processed lawfully, fairly and in a transparent manner in relation to the data subject (“lawfulness, fairness and transparency”). To ensure this, we inform you about the individual legal definitions used in this privacy statement: 

  1. Personal data
    “Personal data” means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
  2. Processing
    “Processing” means any operation or set of operations which is performed with or without the help of automated means on personal data or on sets of personal data, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, deletion or destruction.
  3. Restriction of processing
    “Restriction of processing” means the marking of stored personal data with the aim of limiting their processing in the future.
  4. Profiling
    Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
  5. Pseudonymisation
    Pseudonymisation” means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
  6. Filing system
    Filing system” means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.
  7. Controller
    “Controller” means the natural or legal person, public authority, agency or 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 Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. 
  8. Processor
    “Processor” means a natural or legal person, public authority, institution or other body which processes personal data on behalf of the controller.
  9. Recipient
    “Recipient” is a natural or legal person, public authority, institution or other entity to whom Personal Data is disclosed, whether or not it is a third party. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
  10. Third party
    “Third party” means a natural or legal person, public authority or institution other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
  11. Consent
    A “consent” of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

Lawfulness of processing

The processing of personal data is only lawful if there is a legal basis for processing. In accordance with Article 6 para. 1 lit. a-f GDPR, the legal basis for processing may include in particular:

a. The data subject has given consent to the processing of his or her personal data for one or more specific purposes;

b. processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;

c. processing is necessary for compliance with a legal obligation to which the controller is subject;

d. processing is necessary in order 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 for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

Information on the collection of personal data

(1) In the following text, we provide you with information on the collection of personal data when using our website. Personal data includes, for instance, name, address, e-mail addresses, user behaviour.

(2) When you contact us by e-mail or through a contact form, the information you provide (your e-mail address and, if available, also your name and telephone number) will be stored by us to answer your questions. We delete the data collected in this context after the storage is no longer required or limit the processing if there are statutory retention requirements. 

Collection of personal data when visiting our website

When using the website for merely informative purposes, i.e. if you do not register or provide us with any information, we will only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which are technically necessary for us to display our website and to ensure its stability and security (legal basis is Art. 6 (1) sentence 1 GDPR):

  • IP address
  • date and time of the request
  • time zone difference to Greenwich Mean Time (GMT)
  • content of the request (specific page)
  • access status/HTTP status code
  • each transferred data volume
  • website from which the request comes
  • browser
  • operating system and its surface
  • language and version of the browser software.

Use of cookies:

(1) In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard disk to match the browser you are using, and through which information is sent to the authority that sets the cookie. Cookies cannot run programmes or transmit viruses to your computer. They serve to make the Internet offer more user-friendly and effective. 

(2) This website uses the following types of cookies, the scope and operation of which are explained below: 

  • transient cookies (see a)
  • persistent cookies (see b).

a. Transient cookies are automatically deleted when you close the browser. These include in particular the session cookies. They contain a so-called session ID, with which various requests from your browser can be assigned to one session. This will allow your computer to be recognised when you return to our Websites. The session cookies are deleted when you log out or close the browser.

b. Persistent cookies are automatically deleted after a specified period, which may differ depending on the cookie. You can always delete cookies in the security settings of your browser.

c. You can configure your browser settings to suit your needs, e.g. by refusing to accept third-party or any cookies. The so-called “third-party cookies” are cookies that have been set by a third party, and therefore not by the website which you are currently browsing. We would like to point out that you may not be able to use all the features of this website if you deactivate cookies.

Further functions and offers of our website

(1) In addition to the purely informational use of our website, we offer various services that you might use if interested. To do this, you will generally need to provide other personal information that we use to provide the service and for which the aforementioned data processing principles apply.

(2) In part, we use external service providers to process your data. These were carefully selected and commissioned by us, are bound by our instructions and subject to regular inspections. 

(3) Furthermore, we may disclose your personal data to third parties, if offering event participations, competitions, contracts or similar services together with our partners. You will receive more information when entering your personal data or in the offer description below.

(4) If our service providers or partners have their headquarters in a country outside the European Economic Area (EEA), we inform you about the consequences of this circumstance in the offer description. 

Children

Our offer is only intended for adults. Persons under the age of 18 should not submit any personal data to us without the consent of their parents or guardians.

Rights of the data subject

(1) Revocation of consent

If the processing of the personal data is based on a consent, you have the right to revoke the consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

In order to exercise the right to revocation, please contact us at any time. 

(2) Right to confirmation

You have the right to ask the controller to confirm whether we are processing personal data concerning you. You can request confirmation at any time using the contact details above.

(3) Right to information

If personal data are processed, you can request information about these personal data and the following information at any time:

a. the purposes of the processing;

b. the categories of personal data concerned;

c. the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;

d. where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

e. the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;

f. the right to lodge a complaint with a supervisory authority;

g. where the personal data are not collected from the data subject, any available information as to their source;

h. the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject. 

Where 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 GDPR relating to the transfer. We provide a copy of the personal data that are being processed. For any additional copies you request, we may charge a reasonable fee based on the administrative costs. Where you make the request by electronic means, and unless otherwise requested by you, the information shall be provided in a commonly used electronic form. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.

(4) Right to rectification   

You have the right to demand from us an immediate correction of incorrect personal. In consideration of the purposes of processing, you have the right to request the completion of incomplete personal data, even by means of a supplementary statement.

(5) Right to erasure (“right to be forgotten”)

You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and we have the obligation to erase personal data without undue delay where one of the following grounds applies:

a. The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

b. The data subject withdraws consent on which the processing is based according to point (a) of Article 6 (1), or point (a) of Article 9 (2) GDPR, and where there is no other legal ground for the processing.

c. The data subject objects to the processing pursuant to Article 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 (2) GDPR.

d. The personal data was processed unlawfully.

e. A deletion of personal data may be required in order to fulfil a legal obligation in accordance with the legislation of the European Union or the laws of the Member States to which the data controller is subject to within the framework of his duties.

f. The personal data have been obtained in relation to the services offered by the information society in accordance with Art. 8 (1) GDPR.

Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

The right to erasure (“right to be forgotten”) is not available if the processing is required: 

  • for exercising the right of freedom of expression and information;
  • for compliance with a legal obligation which requires processing by 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;
  • for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9 (2) as well as Article 9 (3) GDPR;
  • for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89 (1) GDPR in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
  • for the establishment, exercise or defence of legal claims.

(6) Right to restriction of processing

You have the right to obtain from us restriction of processing where one of the following applies:

a. the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data,

b. the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead,

c. the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims, or

d. the data subject has objected to processing pursuant to Article 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

Where processing has been restricted under the above conditions, such personal data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

In order to exercise the right to restriction of processing, the data subject may contact us at any time using the contact details above.

(7) Right to data portability

You have the right to receive the personal data concerning you, which you provided to us, in a structured, commonly used and machine-readable format and have the right to transmit this data to another controller without hindrance from the controller to which the personal data have been provided, where:

a. the processing is based on consent pursuant to point (a) of Article 6 (1) or point (a) of Article 9 (2) or on a contract pursuant to point (b) of Article 6 (1) GDPR; and

b. the processing is carried out by automated means. 

In exercising the right to data portability pursuant to paragraph 1, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The exercise of the right to data portability is without prejudice to the right of erasure (“right to be forgotten”) . This right does not apply to processing that 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. 

(8) Right to object

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6 (1) GDPR, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.

Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. If you object to the processing for direct marketing purposes, we will no longer process your personal data for these purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89 (1), you have the right, on grounds relating to your particular situation, to object to processing of personal data concerning you, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

The right of objection can be exercised at any time by contacting the respective controller.

(9) Automated individual decision-making, including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, that has any legal effect on you or, in a similar manner, significantly affects you. This shall not apply if the decision:

a. is necessary for entering into, or performance of, a contract between the data subject and a data controller; 

b. is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or

c. is based on the data subject's explicit consent.

The controller shall implement suitable measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, which include at least the right to obtain intervention from the part of the controller, to express their point of view and to contest the decision.

This right can be exercised by the data subject at any time by contacting the controller.

(10) Right to lodge a complaint with 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 habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to you infringes this Regulation.

(11) Right to effective judicial remedy

Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR, you have the right to an effective judicial remedy where you consider that your rights under this Regulation have been infringed as a result of the processing of your personal data in non-compliance with this Regulation.

Integration of Google Maps

(1) On this website, we use the services of Google Maps. This allows us to show you interactive maps within the website and to conveniently use the map feature.

(2) By visiting the website, Google receives the information that you accessed the corresponding subpage of our websites. In addition, the data mentioned under § 3 of this declaration will be transmitted. This happens regardless of whether Google provides a user account that you are logged in to, or if there is no user account. When you are logged in to Google, your data will be assigned directly to your account. If you do not wish to be associated with your profile on Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for the purposes of advertising, market research and/or tailor-made website design. Such evaluation is done particularly (even for users who are not logged in) to provide appropriate advertising and to inform other users of the social network about their activities on our website. You have the right to object to the creation of these user profiles. To assert this right, you must contact Google.

(3) For more information on the purpose and scope of data collection and processing by the plug-in provider, please refer to the privacy statement of the provider. There you will also find further information about your rights and settings options for the protection of your privacy: http://www.google.com/policies/privacy. Google also processes your personal information in the US and is subject to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.