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DATA PROTECTION


Wehn Fahrzeugtechnik GmbH
Oberhausener Str. 5
D-57234 Wilnsdorf

Phone +49 2739 3013 0
Fax +49 2739 3013 70

DATA PROTECTION

A. Data protection statement pursuant to the GDPR

Thank you very much for your interest in our company, our products and our services.
Data protection enjoys highest priority in the company management. This data protection statement is to inform you to what extent, for which purpose and in which way we process the personal data we have collected and we use.

As a matter of principle, our Website can always be used without leaving your personal data. However, it may well be necessary to process personal data (e.g. name, postal address, e-mail address, telephone number), if a particular service is required via our Website. In such case, the data will be processed in accordance with the General Data Protection Regulation (GDPR) and with the country-specific data protection regulations applying to our company.

We would like to inform you below about the way how your personal data will be processed as well as about your claims and rights to which you are entitled in accordance with the data protection regulations.

I. Name and address of the controller

The controller in accordance with the General Data Protection Regulation and other national data protection laws of the member states as well as in accordance with other data protection regulations is:

Wehn Fahrzeugtechnik GmbH
Oberhausener Str. 5
57234 Wilnsdorf
Germany
Phone: +49 2739 3013-0
E-mail: info@fahrzeugtechnik.de
Website: www.fahrzeugtechnik.de

II. Name and address of the data protection representative

The controller’s data protection representative is:

Sven Giesler
desegna Business IT Solutions
Eickhoffstr. 6
57234 Wilnsdorf
Germany
Phone: +49 (2737) 9409-866
E-mail: datenschutz@desegna.de
Website: www.desegna.de

III. General matters concerning the data processing

1. Scope of the processed personal data

We will basically collect and use our users’ personal data only, if this is required for presenting a functioning Website and the relevant contents as well as for providing our services. The personal data of our users will always be collected and used after having obtained the users’ permission. An exception are cases, where it proves to be impossible for practical reasons to obtain such permission in advance and when statutory regulations allow these data to be processed.

2. Legal basis for processing personal data

As long as we obtain the permission of the persons concerned for processing their personal data, Article 6, sub-section 1 (a), of the EU General Data Protection Regulation (GDPR) will be the legal basis for processing personal data.

When processing personal data that are required to perform a contract, to which the person concerned is a contracting party, Article 6, sub-section 1 (b), GDPR will be the legal basis. This will also apply to processing operations that are necessary to carry out precontractual measures.

If the processing of personal data is required to perform a legal duty which our company is compelled to carry out, Article 6, sub-section 1 (c), GDPR will be the legal basis.

Should vital interests of the person concerned or of another natural person require the processing of personal data, Article 6, sub-section 1 (d), GDPR will be the legal basis.

If the processing of such data is required, in order to safeguard the legitimate interests of our company or those of a third party and if the interests, basic rights and fundamental freedoms of the party concerned do not outweigh the above interests, Article 6, sub-section 1 (f), GDPR will be the legal basis for processing these data.

3. Data erasure and storage period

The personal data of the person concerned will be erased or blocked, as soon as the purpose of storing them does no longer exist. Data can also be stored, if this is stipulated in Community and other regulations as well as laws that have been passed by the European or national legislator and that the controller is subjected to. The data will also be erased or blocked, if the storage period set forth in the above-mentioned standards has expired, unless it is necessary to continue their storage, in order to conclude or perform a contract.

IV. Making the Website available and generating logfiles

1. Description of the data processing operation and its scope

Whenever our Website is called, our system automatically captures data and information from the system of the computer used to access our Website.
The following data will be captured and collected:

  • information about the browser type and the version used
  • the user’s operating system
  • date and time of the access
  • Websites from which the user’s system has accessed our Website
  • Websites that are accessed from the user’s system via our Website

These data will also be stored in the logfiles of our system, which does not apply to the IP-addresses of the user or to other data that allow the allocation of data to a user. These data will not be stored together with other personal data of the user.

2. Legal basis of data processing

The legal basis for the temporary storage of the data is Article 6, sub-section 1 (f), GDPR.

3. Purpose of data processing

The temporary storage of the IP-address in our system is necessary, so as to enable us to deliver the Website to the computer of the user. In order to do so, the user’s IP-address must remain stored for the duration of the session.
This purpose also reflects our justified interest in the data processing pursuant to Article 6, sub-section 1 (f), GDPR.

4. Storage period

The data will be erased, as soon as the purpose of collecting them no longer exists. Concerning the collection of data for the purpose of providing the Website this is the case, when the relevant session is finished.

5. Objections

The collection of data for the purpose of providing the Website and their storage in logfiles is absolutely necessary for operating the Website as such. Hence, the user has no way of objecting to this procedure.

V. Use of cookies

Our Website does not use cookies.

VI. Contact by e-mail

1. Description of the data processing operation and its scope

The contact can be established via the e-mail address stated. In such case, the user’s personal data transmitted by e-mail will be stored but not passed on to any third parties. The data will exclusively be used for processing the conversation.

2. Legal basis for the data processing

The legal basis for processing data that have been transmitted by e-mail is Article 6, sub-section 1 (f), GDPR. If the e-mail contact is intended to conclude a contract, an additional legal basis for the data processing will be Article 6, sub-section 1 (b), GDPR.

3. Purpose of data processing

Any contact established by e-mail also constitutes the required legitimate interest in processing the data.

4. Storage period

The data will be erased, as soon as the purpose of collecting them no longer exists. As regards the personal data transmitted by e-mail, this will be the case when the relevant conversation with the user is finished. The conversation is deemed to have been finished, when it can be concluded from the circumstances that the matter concerned has been finally clarified.

5. Objections and erasure of data

The user can, at any time, revoke his/her permission that his/her personal data may be processed. If the user contacts us by e-mail, s/he can object, at any time, that his/her personal data are stored. In such case, the conversation cannot be continued.

The user can, at any time, revoke his/her permission that his/her personal data may be stored without having to give reasons for this decision. This revocation can be transmitted via the contact data stated on our homepage. In such case, all personal data collected and stored in the course of this contact will be erased.

VII. Rights of the person concerned

If your personal data are processed, you will be a person concerned in accordance with the GDPR and have the following rights vis-à-vis the controller:

1. Right to information

You can demand confirmation from the controller, whether personal data concerning you are processed by us.
If such data are actually processed, you can demand the following information from the controller:

  • (1) the purpose for which the personal data are processed;
  • (2) the categories of personal data which are processed;
  • (3) the recipients or the categories of recipients to whom the personal data concerning you are disclosed or are intended to be disclosed;
  • (4) the planned storage period for the personal data concerning you or criteria for fixing this storage period, if more specific details cannot be provided in this respect;
  • (5) the existence of the right to have the personal data concerning you corrected or erased, the right to restrict the processing of your data by the controller or the right to object to the processing of your data altogether;
  • (6) the existence of a right of complaint that can be asserted at a supervisory authority;
  • (7) all available information about the origin of the data, if the personal data have not been directly collected from the person concerned;
  • (8) the existence of an automated decision-making procedure including profiling pursuant to Article 22, sub-sections 1 & 4, GDPR and – at least in these cases – meaningful information about the logic involved as well as the consequences and the intended effect of such processing activities for the person concerned.

You have the right to demand information, whether the personal data concerning you are transmitted to a third country or an international organization. You can also demand in this connection to be informed about suitable safeguards pursuant to Article 46 GDPR in connection with the data transfer.

2. Right to rectification

You have the right to demand from the controller that the processed personal data concerning you are rectified and/or completed, if they are incorrect or incomplete. The controller will have to take immediate action in this respect.

3. Right to restriction of processing

You can demand that the processing of personal data concerning you shall be restricted 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) if the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
  • (3) if the controller no longer needs the personal data for the purposes of the processing, but you require them for the assertion, exercise or defense of legal claims;
  • (4) if you have objected to the processing pursuant to Article 21, sub-section 1, GDPR pending the verification whether the legitimate grounds of the controller override yours.

If the processing of the personal data concerning you has been restricted, these data must only be processed – apart from being stored – with your permission or for the purpose of asserting, exercising or defending legal claims, or for protecting the rights of another natural or legal person, or for reasons of an important public interest of the Union or one of its member states.

If the processing of your personal data has been restricted on the basis of the above provisions, you will be informed by the controller before the restriction is removed (again).

4. Right to erasure

a) Obligation to erase personal data

You can demand from the controller that the personal data concerning you are erased without undue delay, with the controller being under the obligation to erase these personal data without undue delay where one of the following grounds applies:

  • (1) The personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  • (2) You withdraw your consent on which the processing is based according to Article 6, sub-section 1 (a) or Article 9, sub-section 2 (a), GDPR and where there is no other legal ground for the processing.
  • (3) You object to the processing pursuant to Article 21, sub-section 1, GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21, sub-section 2, GDPR.
  • (4) The personal data concerning you have been unlawfully processed.
  • (5) The personal data concerning you have to be erased for compliance with a legal obligation in accordance with the law in the Union or in a member state to which the controller is subject.
  • (6) The personal data concerning you have been collected in relation to the offer of information society services referred to in Article 8, sub-section 1, GDPR.

b) Information of third parties

Where the controller has made the personal data concerning you public and is obliged pursuant to Article 17, sub-section 1, GDPR to erase the personal data, the controller, taking into account the available technology and the cost of implementation, will have to take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

c) Exceptions

The right to erasure will not exist, if the processing of the data is required for

  • (1) exercising the right of freedom of expression and information;
  • (2) compliance with a legal obligation which requires the processing in accordance with the law of the Union or in a 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) reasons of public interest in the area of public health pursuant to Article 9, sub-sections 2 (h) and (i) as well as Article 9, sub-section 3, GDPR;
  • (4) archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89, sub-section 1, GDPR in so far as the right referred to in sub-section a) hereof is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
  • (5) the assertion, exercise or defense of legal claims.
5. Right of notification

If you have asserted your right to rectification, erasure or restriction of processing, the controller will have to communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data concerning you have been disclosed, unless this proves to be impossible or involves disproportionate effort.

The controller will then inform you about those recipients if you request it.

6. Right to data portability

You have the right to receive the personal data concerning you which you have provided to the controller in a structured, commonly used and machinereadable format. You are also entitled to transmit those data to another controller without hindrance from the controller to whom the personal data have initially been provided, where

  • (1) the processing is based on the consent given pursuant to Article 6, sub-section 1(a) or Article 9, sub-section 2(a), GDPR, or on a contract pursuant to Article 6, sub-section 1(b); and
  • (2) the processing is carried out by automated means.

In exercising your right to data portability, you are also entitled to demand that the personal data concerned are transmitted directly from one controller to another, where technically feasible. This must not affect rights and freedoms of others.

The right to data portability does not apply to the processing of personal data 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.

7. Right to object

You have the right, at any time, to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is based on Article 6, sub-sections 1 (e) or (f), including profiling based on those provisions.

The controller must no longer process the personal data concerning you, unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing is necessary for asserting, exercising or defending legal claims.

If personal data concerning you are processed for direct marketing purposes, you will be entitled, at any time, to object to the processing of your personal data for such advertising purposes, which includes profiling to the extent that it is related to such direct marketing.

If you object to the processing of your personal data for direct marketing purposes, these data must no longer be processed for such 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.

8. Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. This revocation does not affect the legitimacy of the data processing carried out on the basis of the permission given before its revocation.

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, which produces legal effects concerning you, or affects you similarly significantly. This will not apply, if the decision

  • (1) is necessary for entering into, or performing, a contract between you and the data controller;
  • (2) is admissible by the laws of the Union or of the member states to which the controller is subject and if these laws lay down suitable measures to safeguard your rights and freedoms as well as your legitimate interests; or
  • (3) is based on your explicit consent.

However, these decisions must not be based on special categories of personal data referred to in Article 9, sub-section 1, GDPR, unless Article 9, sub-sections 2 (a) or (g) apply and suitable measures to safeguard your rights and freedoms as well as your legitimate interests have been taken.

In the cases referred to in sub-sections (1) and (3) hereof, the data controller will implement suitable measures to safeguard your rights and freedoms as well as your legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.

10. Right to file a complaint with a supervisory authority

Notwithstanding any other administrative or judicial remedies, you will have the right to file a complaint with a supervisory authority, especially in the member state of your place of residence, your workplace or the place of the alleged infringement, if you are of the opinion that the processing of the personal data concerning you infringes the GDPR.

The supervisory authority with which the complaint has been filed will inform you about the status of handling the complaint and the results, including the option to bring proceedings against this supervisory authority pursuant to Article 78 GDPR.