Privacy Policy for Elektrowerk Weisweiler GmbH
Privacy Policy
We are very pleased about your interest in our company. Data protection is of particularly high importance to the management of Elektrowerk Weisweiler GmbH. Use of the Elektrowerk Weisweiler GmbH website is generally possible without providing any personal data. However, if a data subject wishes to use special services offered by our company via our website, processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the data subject’s consent.
The processing of personal data, for example the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection provisions applicable to Elektrowerk Weisweiler GmbH. By means of this Privacy Policy, our company would like to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, this Privacy Policy informs data subjects of their rights.
As the controller responsible for processing, Elektrowerk Weisweiler GmbH has implemented numerous technical and organizational measures to ensure the most complete protection possible of personal data processed via this website. Nevertheless, internet-based data transmissions may generally have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, for example by telephone or by post.
1. Definitions
The Privacy Policy of Elektrowerk Weisweiler GmbH is based on the terminology used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our Privacy Policy is intended to be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.
In this Privacy Policy, we use, among others, the following terms:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”). A natural person is considered identifiable if they 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.
b) Data subject
A data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.
c) Processing
Processing means any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
d) Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting its processing in the future.
e) 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 analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
f) Pseudonymization
Pseudonymization 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 organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
Controller or controller responsible for the processing 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 law or the law of the Member States, the controller or the specific criteria for its designation may be provided for by Union law or the law of the Member States.
h) Processor
Processor means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.
i) Recipient
Recipient means a natural or legal person, public authority, agency, or other body to which personal data is disclosed, regardless of whether it is a third party
or not. However, public authorities which may receive personal data in the context of a particular inquiry in accordance with Union law or the law of the Member States shall not be regarded as recipients.
j) Third party
Third party means a natural or legal person, public authority, agency, or body other than the data subject, the controller, the processor, and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
k) Consent
Consent means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which the data subject, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to them.
2. Name and address of the controller responsible for the processing
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions of a data protection nature is:
Elektrowerk Weisweiler GmbH
Dürener Straße 487
52249 Eschweiler
Germany
Represented by the Managing Director:
Dr. Christoph Kemper
Contact:
Tel.: +49 2403 646 342
Email: info@elektrowerk.de
Website: www.elektrowerk.de
3. Name and address of the Data Protection Officer
The Data Protection Officer of the controller responsible for the processing is:
René Hickert (TÜV-certified)
Elektrowerk Weisweiler GmbH
Dürener Straße 487
52249 Eschweiler
Germany
Tel.: +49 2403 646 279
Email: hickert@elektrowerk.de
Website: www.elektrowerk.de
Any data subject may contact our Data Protection Officer directly at any time with any questions or suggestions regarding data protection.
4. Collection of general data and information
The Elektrowerk Weisweiler GmbH website collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server log files. The following may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the subpages accessed on our website via an accessing system, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) other similar data and information used for threat prevention in the event of attacks on our information technology systems.
When using this general data and information, Elektrowerk Weisweiler GmbH does not draw any conclusions about the data subject. Rather, this information is required to (1) deliver the content of our website correctly, (2) optimize the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack. These anonymously collected data and information are therefore evaluated by Elektrowerk Weisweiler GmbH both statistically and with the aim of increasing data protection and data security in our company, in order ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data from the server log files are stored separately from any personal data provided by a data subject. The legal basis for data processing is Art. 6(1) sentence 1 lit. f GDPR. The legitimate interest arises from the purposes stated above.
On the Elektrowerk Weisweiler GmbH website, it is possible to contact Elektrowerk Weisweiler GmbH or its employees (info@elektrowerk.de, radermacher@elektrowerk.de, schwedt@elektrowerk.de, hickert@elektrowerk.de) as well as Afarak Services Ltd. (Admin@AfarakServices.com) by email. When you contact us, the data you provide (your email address, if applicable your name, etc.) will be stored in order to respond to your inquiry. The data arising in this context will be deleted once storage is no longer necessary for the stated purpose, or processing will be restricted if statutory retention obligations
apply. The legal basis for data processing is Art. 6(1) sentence 1 lit. a GDPR in the case of your consent; Art. 6(1) sentence 1 lit. b GDPR if data processing is necessary for contract performance or for carrying out pre-contractual measures based on the inquiry; Art. 6(1) sentence 1 lit. c GDPR if necessary to comply with legal obligations; and Art. 6(1) sentence 1 lit. f GDPR based on the legitimate interest in the communication initiated by you.
5. Routine erasure and blocking of personal data
The controller responsible for the processing processes and stores the data subject’s personal data only for the period necessary to achieve the purpose of storage, or insofar as this has been provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.
If the purpose of storage no longer applies or a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or erased in accordance with statutory provisions.
6. Rights of the data subject
a) Right to confirmation
Each data subject has the right granted by the European legislator to obtain from the controller confirmation as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right of confirmation, they may contact an employee of the controller at any time.
b) Right of access
Each data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller, at any time and free of charge, information about the personal data stored about them and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:
- the purposes of the processing
- the categories of personal data being processed
- the recipients or categories of recipients to whom the personal data has been disclosed or will be disclosed, in particular recipients in third countries or international organizations
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
- the existence of a right to rectification or erasure of personal data concerning them, or restriction of processing by the controller, or a right to object to such processing
- the existence of a right to lodge a complaint with a supervisory authority
- where the personal data is not collected from the data subject: any available information as to its source
- the existence of automated decision-making, including profiling, pursuant to 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
Furthermore, the data subject has a right to obtain information as to whether personal data has been transferred to a third country or to an international organization. Where this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right of access, they may contact an employee of the controller at any time.
c) Right to rectification
Each data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to have incomplete personal data completed—including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, they may contact an employee of the controller at any time.
d) Right to erasure (right to be forgotten)
Each data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller the erasure of personal data concerning them without undue delay, where one of the following grounds applies and insofar as the processing is not necessary:
- The personal data has been collected or otherwise processed for purposes for which it is no longer necessary.
- The data subject withdraws consent on which the processing is based pursuant to Art. 6(1) lit. a GDPR or Art. 9(2) lit. a GDPR, and there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) GDPR.
- The personal data has been processed unlawfully.
- Erasure of the personal data is necessary for compliance with a legal obligation under Union law or the law of the Member States to which the controller is subject.
- The personal data has been collected in relation to the offer of information society services pursuant to Art. 8(1) GDPR.
If one of the above grounds applies and a data subject wishes to request the erasure of personal data stored by Elektrowerk Weisweiler GmbH, they may contact an employee of the controller at any time. The employee of Elektrowerk Weisweiler GmbH will ensure that the erasure request is complied with without undue delay.
If Elektrowerk Weisweiler GmbH has made the personal data public and our company, as the controller, is obliged pursuant to Art. 17(1) GDPR to erase the personal data, Elektrowerk Weisweiler GmbH shall, taking account of available technology and the cost of implementation, take reasonable measures, including technical measures, to inform other controllers processing the published personal data that the data subject has requested from those other controllers the erasure of any links to, or copies or replications of, that personal data, insofar as processing is not required. The employee of Elektrowerk Weisweiler GmbH will arrange the necessary measures in each individual case.
e) Right to restriction of processing
Each data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller restriction of processing where one of the following conditions applies:
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.
The processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of its use instead.
The controller no longer needs the personal data for the purposes of the processing, but the data subject requires it for the establishment, exercise, or defense of legal claims.
The data subject has objected to processing pursuant to Art. 21(1) GDPR and it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.
If one of the above conditions applies and a data subject wishes to request the restriction of personal data stored by Elektrowerk Weisweiler GmbH, they may contact an employee of the controller at any time. The employee of Elektrowerk Weisweiler GmbH will arrange the restriction of processing.
f) Right to data portability
Each data subject affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning them,
which has been provided by the data subject to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit those data to another controller without hindrance from the controller to which the personal data has been provided, where the processing is based on consent pursuant to Art. 6(1) lit. a GDPR or Art. 9(2) lit. a GDPR or on a contract pursuant to Art. 6(1) lit. b GDPR and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising their right to data portability pursuant to Art. 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.
To exercise the right to data portability, the data subject may contact an employee of Elektrowerk Weisweiler GmbH at any time.
g) Right to object
Each data subject affected by the processing of personal data has the right granted by the European legislator to object, on grounds relating to their particular situation, at any time to the processing of personal data concerning them which is based on Art. 6(1) lit. e or f GDPR. This also applies to profiling based on these provisions.
In the event of an objection, Elektrowerk Weisweiler GmbH will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or the processing serves the establishment, exercise, or defense of legal claims.
If Elektrowerk Weisweiler GmbH processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to Elektrowerk Weisweiler GmbH to the processing for direct marketing purposes, Elektrowerk Weisweiler GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them by Elektrowerk Weisweiler GmbH for scientific or historical research purposes or for statistical purposes pursuant to Art. 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
To exercise the right to object, the data subject may contact any employee of Elektrowerk Weisweiler GmbH directly. The data subject is also free to exercise their right to object, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Each data subject affected by the processing of personal data has the right granted by the European legislator not to be subject to a decision based solely on automated processing—including profiling—which produces legal effects concerning them or similarly significantly affects them, provided that the decision (1) is not necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is authorized 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 (3) is based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is based on the data subject’s explicit consent, Elektrowerk Weisweiler GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express their point of view, and to contest the decision.
If the data subject wishes to exercise rights relating to automated decisions, they may contact an employee of the controller at any time.
i) Right to withdraw consent under data protection law
Each data subject affected by the processing of personal data has the right granted by the European legislator to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise their right to withdraw consent, they may contact an employee of the controller at any time.
If the data subject wishes to exercise rights relating to automated decisions, they may contact an employee of the controller at any time.
j) Right to lodge a complaint with a supervisory authority
Each data subject affected by the processing of personal data has the right, pursuant to Art. 77 GDPR, to lodge a complaint with a data protection supervisory authority, in particular in the Member State of their habitual residence, place of work, or the place of the alleged infringement, or at the registered office of Elektrowerk Weisweiler GmbH, if they consider that the processing of personal data relating to them by Elektrowerk Weisweiler GmbH infringes the GDPR.
7. Legal basis for processing
Art. 6(1) lit. a GDPR serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Art. 6(1) lit. b GDPR. The same applies to such processing operations that are necessary for
carrying out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, for example to fulfill tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured on our premises and their name, age, health insurance data, or other vital information had to be passed on to a doctor, a hospital, or other third parties. In that case, the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations may be based on Art. 6(1) lit. f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, the legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 sentence 2 GDPR).
8. Legitimate interests pursued by the controller or a third party
If the processing of personal data is based on Article 6(1) lit. f GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.
9. Duration for which the personal data is stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted, provided it is no longer required for contract performance or contract initiation.
10. Statutory or contractual provisions for the provision of personal data; necessity for the conclusion of a contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide
We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or may also result from contractual arrangements (e.g., information about the contracting party). In some cases, it may be necessary for the conclusion of a contract that a data subject provides us with personal data which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of failure to provide the personal data would be.
11. Existence of automated decision-making
As a responsible company, we do not use automated decision-making or profiling.
This Privacy Policy was created using the Privacy Policy Generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as External Data Protection Officer for Middle Franconia, in cooperation with the data protection lawyers of the law firm WILDE BEUGER SOLMECKE | Attorneys at Law.
