Privacy Policy
We are very delighted that you
have shown interest in our enterprise. Data protection is of a
particularly
high priority for the management of the Manthei-Mess-Systeme. The use
of the
Internet pages of the Manthei-Mess-Systeme is possible without any
indication
of personal data; however, if a data subject wants to use special
enterprise
services via our website, processing of personal data could become
necessary.
If the processing of personal data is necessary and there is no
statutory basis
for such processing, we generally obtain consent from the data subject.
The processing of personal
data, such as the name, address, e-mail address, or telephone number of
a data
subject shall always be in line with the General Data Protection
Regulation
(GDPR), and in accordance with the country-specific data protection
regulations
applicable to the Manthei-Mess-Systeme. By means of this data
protection
declaration, our enterprise would like to inform the general public of
the
nature, scope, and purpose of the personal data we collect, use and
process.
Furthermore, data subjects are informed, by means of this data
protection
declaration, of the rights to which they are entitled.
As the controller, the
Manthei-Mess-Systeme has implemented numerous technical and
organizational
measures to ensure the most complete protection of personal data
processed
through this website. However, Internet-based data transmissions may in
principle have security gaps, so absolute protection may not be
guaranteed. For
this reason, every data subject is free to transfer personal data to us
via
alternative means, e.g. by telephone.
1. Definitions
The data protection
declaration of the Manthei-Mess-Systeme is based on the terms used by
the European
legislator for the adoption of the General Data Protection Regulation
(GDPR).
Our data protection declaration should be legible and understandable
for the
general public, as well as our customers and business partners. To
ensure this,
we would like to first explain the terminology used.
In this data protection
declaration, we use, inter alia, the following terms:
a)
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.
b)
Data subject
Data subject is any identified
or identifiable natural person, whose personal data is processed by the
controller responsible for the processing.
c)
Processing
Processing is any operation or
set of operations which is performed on personal data or on sets of
personal
data, whether or not by automated means, 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, erasure or
destruction.
d)
Restriction of processing
Restriction of processing is
the marking of stored personal data with the aim of limiting their
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 analyse or predict aspects concerning that natural person's
performance at
work, economic situation, health, personal preferences, interests,
reliability,
behaviour, location or movements.
f)
Pseudonymisation
Pseudonymisation is 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.
g)
Controller or controller responsible for the processing
Controller or controller
responsible for the processing is 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.
h)
Processor
Processor is a natural or
legal person, public authority, agency or other body which processes
personal
data on behalf of the controller.
i)
Recipient
Recipient is a natural or
legal person, public authority, agency or another body, to which the
personal
data are disclosed, whether a third party or not. 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.
j)
Third party
Third party is a natural or
legal person, public authority, agency or body 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.
k)
Consent
Consent of the data subject is
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.
2. Name and Address of the
controller
Controller for the purposes of
the General Data Protection Regulation (GDPR), other data protection
laws
applicable in Member states of the European Union and other provisions
related
to data protection is:
Manthei-Mess-Systeme
Albrecht-Nützel-Weg
29
86916 Kaufering
Germany
Phone: +49-8191-66704
Email: info@cartwinpro.com
Website: www.cartwinpro.com
3. Collection of general data
and information
The website of the
Manthei-Mess-Systeme collects a series of general data and information
when a
data subject or automated system calls up the website. This general
data and
information are stored in the server log files. Collected may be (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 sub-websites, (5) the date and time of
access to
the Internet site, (6) an Internet protocol address (IP address), (7)
the
Internet service provider of the accessing system, and (8) any other
similar
data and information that may be used in the event of attacks on our
information technology systems.
When using these general data
and information, the Manthei-Mess-Systeme does not draw any conclusions
about
the data subject. Rather, this information is needed to (1) deliver the
content
of our website correctly, (2) optimize the content of our website as
well as
its advertisement, (3) ensure the long-term viability of our
information
technology systems and website technology, and (4) provide law
enforcement
authorities with the information necessary for criminal prosecution in
case of
a cyber-attack. Therefore, the Manthei-Mess-Systeme analyzes
anonymously
collected data and information statistically, with the aim of
increasing the
data protection and data security of our enterprise, and to ensure an
optimal
level of protection for the personal data we process. The anonymous
data of the
server log files are stored separately from all personal data provided
by a
data subject.
4. Routine erasure and
blocking of personal data
The data controller shall process
and store the personal data of the data subject only for the period
necessary
to achieve the purpose of storage, or as far as this is granted by the
European
legislator or other legislators in laws or regulations to which the
controller
is subject to.
If the storage purpose is not
applicable, or if a storage period prescribed by the European
legislator or
another competent legislator expires, the personal data are routinely
blocked
or erased in accordance with legal requirements.
5. Rights of the data subject
Each data subject shall have
the right granted by the European legislator to obtain from the
controller the
confirmation as to whether or not personal data concerning him or her
are being
processed. If a data subject wishes to avail himself of this right of
confirmation, he or she may, at any time, contact any employee of the
controller.
Each data subject shall have
the right granted by the European legislator to obtain from the
controller free
information about his or her personal data stored at any time and a
copy of
this information. Furthermore, the European directives and regulations
grant
the data subject access to the following information:
·
the purposes of the
processing;
·
the categories of personal
data concerned;
·
the recipients or categories
of recipients to whom the personal data have been 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 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;
·
the existence of the right to
lodge a complaint with a supervisory authority;
·
where the personal data are
not collected from the data subject, any available information as to
their
source;
·
the existence of automated
decision-making, including profiling, referred to in Article 22(1) and
(4) of
the GDPR and, at least in those cases, meaningful information about the
logic
involved, as well as the significance and envisaged consequences of
such processing
for the data subject.
Furthermore, the data subject
shall have a right to obtain information as to whether personal data
are
transferred to a third country or to an international organization.
Where this
is the case, the data subject shall have the right to be informed of
the
appropriate safeguards relating to the transfer.
If a data subject wishes to
avail himself of this right of access, he or she may, at any time,
contact any
employee of the controller.
c)
Right to rectification
Each data subject shall have
the right granted by the European legislator to obtain from the
controller
without undue delay the rectification of inaccurate personal data
concerning
him or her. Taking into account the purposes of the processing, the
data
subject shall have the right 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, he or she may, at any time,
contact any
employee of the controller.
d) Right to erasure (Right to
be forgotten)
Each data subject shall have
the right granted by the European legislator to obtain from the
controller the
erasure of personal data concerning him or her without undue delay, and
the
controller shall have the obligation to erase personal data without
undue delay
where one of the following grounds applies, as long as the processing
is not
necessary:
- The personal data are no longer necessary in
relation to the purposes for which they were collected or otherwise
processed.
- The data subject withdraws consent to which the
processing is based according to point (a) of Article 6(1) of the GDPR,
or point (a) of Article 9(2) of the GDPR, and where there is no other
legal ground for the processing.
- The data subject objects to the processing
pursuant to Article 21(1) of the GDPR and there are no overriding
legitimate grounds for the processing, or the data subject objects to
the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully
processed.
- The personal data must be erased for compliance
with a legal obligation in Union or Member State law to which the
controller is subject.
- The personal data have been collected in
relation to the offer of information society services referred to in
Article 8(1) of the GDPR.
If one of the aforementioned
reasons applies, and a data subject wishes to request the erasure of
personal
data stored by the Manthei-Mess-Systeme, he or she may, at any time,
contact
any employee of the controller. An employee of Manthei-Mess-Systeme
shall
promptly ensure that the erasure request is complied with immediately.
Where the controller has made
personal data public and is obliged pursuant to Article 17(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 other controllers processing the personal data that
the
data subject has requested erasure by such controllers of any links to,
or copy
or replication of, those personal data, as far as processing is not
required.
An employees of the Manthei-Mess-Systeme will arrange the necessary
measures in
individual cases.
e) Right of restriction of
processing
Each data subject shall have the
right granted by the European legislator to obtain from the controller
restriction of processing where one of the following 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 instead the
restriction of their use instead.
- 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.
- The data subject has objected to processing
pursuant to Article 21(1) of the GDPR pending the verification whether
the legitimate grounds of the controller override those of the data
subject.
If one of the aforementioned
conditions is met, and a data subject wishes to request the restriction
of the
processing of personal data stored by the Manthei-Mess-Systeme, he or
she may
at any time contact any employee of the controller. The employee of the
Manthei-Mess-Systeme will arrange the restriction of the processing.
f)
Right to data portability
Each data subject shall have
the right granted by the European legislator, to receive the personal
data concerning
him or her, which was provided to a controller, in a structured,
commonly used
and machine-readable format. He or she shall have the right to transmit
those
data to another controller without hindrance from the controller to
which the
personal data have been provided, as long as the processing is based on
consent
pursuant to point (a) of Article 6(1) of the GDPR or point (a) of
Article 9(2)
of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of
the
GDPR, and the processing is carried out by automated means, as long as
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 his
or her right to data portability pursuant to Article 20(1) of the GDPR,
the
data subject shall have the right to have personal data transmitted
directly
from one controller to another, where technically feasible and when
doing so
does not adversely affect the rights and freedoms of others.
In order to assert the right
to data portability, the data subject may at any time contact any
employee of
the Manthei-Mess-Systeme.
g)
Right to object
Each data subject shall have
the right granted by the European legislator to object, on grounds
relating to
his or her particular situation, at any time, to processing of personal
data
concerning him or her, which is based on point (e) or (f) of Article
6(1) of
the GDPR. This also applies to profiling based on these provisions.
The Manthei-Mess-Systeme shall
no longer process the personal data in the event of the objection,
unless we
can demonstrate 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.
If the Manthei-Mess-Systeme
processes personal data for direct marketing purposes, the data subject
shall
have the right to object at any time to processing of personal data
concerning
him or her for such marketing. This applies to profiling to the extent
that it
is related to such direct marketing. If the data subject objects to the
Manthei-Mess-Systeme to the processing for direct marketing purposes,
the
Manthei-Mess-Systeme will no longer process the personal data for these
purposes.
In addition, the data subject
has the right, on grounds relating to his or her particular situation,
to
object to processing of personal data concerning him or her by the
Manthei-Mess-Systeme for scientific or historical research purposes, or
for
statistical purposes pursuant to Article 89(1) of the GDPR, unless the
processing is necessary for the performance of a task carried out for
reasons
of public interest.
In order to exercise the right
to object, the data subject may contact any employee of the
Manthei-Mess-Systeme. In addition, the data subject is free in the
context of
the use of information society services, and notwithstanding Directive
2002/58/EC, to use his or her right to object by automated means using
technical specifications.
h) Automated individual
decision-making, including profiling
Each data subject shall have
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 him or her, or similarly significantly affects him
or her,
as long as the decision (1) is not is necessary for entering into, or
the
performance of, a contract between the data subject and a data
controller, or
(2) is not 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 (3) is not
based on
the data subject's explicit consent.
If the decision (1) is necessary
for entering into, or the performance of, a contract between the data
subject
and a data controller, or (2) it is based on the data subject's
explicit
consent, the Manthei-Mess-Systeme shall implement suitable measures to
safeguard the data subject's rights and freedoms and legitimate
interests, at
least the right to obtain human intervention on the part of the
controller, to
express his or her point of view and contest the decision.
If the data subject wishes to
exercise the rights concerning automated individual decision-making, he
or she
may, at any time, contact any employee of the Manthei-Mess-Systeme.
i) Right to withdraw data
protection consent
Each data subject shall have the
right granted by the European legislator to withdraw his or her consent
to
processing of his or her personal data at any time.
If the data subject wishes to
exercise the right to withdraw the consent, he or she may, at any time,
contact
any employee of the Manthei-Mess-Systeme.
6. Legal basis for the
processing
Art. 6(1) lit. a GDPR serves
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, when processing operations are necessary for the
supply of
goods or to provide any other service, the processing is based on
Article 6(1)
lit. b GDPR. The same applies to such processing operations which are
necessary
for carrying out pre-contractual measures, for example in the case of
inquiries
concerning our products or services. Is our company subject to a legal
obligation by which processing of personal data is required, such as
for the
fulfillment of 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 the vital interests of the data subject or of another natural
person.
This would be the case, for example, if a visitor were injured in our
company
and his name, age, health insurance data or other vital information
would have
to be passed on to a doctor, hospital or other third party. Then the
processing
would be based on Art. 6(1) lit. d GDPR. Finally, processing operations
could
be based on Article 6(1) lit. f GDPR. This legal basis is used for
processing
operations which are not covered by any of the abovementioned legal
grounds, if
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
which
require protection of personal data. Such processing operations are
particularly permissible because they have been specifically mentioned
by the
European legislator. He considered that a legitimate interest could be
assumed
if the data subject is a client of the controller (Recital 47 Sentence
2 GDPR).
7. The legitimate interests
pursued by the controller or by a third party
Where the processing of
personal data is based on Article 6(1) lit. f GDPR our legitimate
interest is
to carry out our business in favor of the well-being of all our
employees and
the shareholders.
8. Period for which the
personal data will be stored
The criteria used to determine
the period of storage of personal data is the respective statutory
retention
period. After expiration of that period, the corresponding data is
routinely
deleted, as long as it is no longer necessary for the fulfillment of
the
contract or the initiation of a contract.
9. Provision of personal data
as statutory or contractual requirement; Requirement necessary to enter
into a
contract; Obligation of the data subject to provide the personal data;
possible
consequences of failure to provide such data
We clarify that the provision
of personal data is partly required by law (e.g. tax regulations) or
can also
result from contractual provisions (e.g. information on the contractual
partner). Sometimes it may be necessary to conclude a contract that the
data
subject provides us with personal data, which must subsequently be
processed by
us. The data subject is, for example, obliged to provide us with
personal data
when our company signs a contract with him or her. The non-provision of
the
personal data would have the consequence that the contract with the
data
subject could not be concluded. Before personal data is provided by the
data
subject, the data subject must contact any employee. The employee
clarifies to
the data subject whether the provision of the 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 the consequences of
non-provision of the personal data.
10. Existence of automated
decision-making
As a responsible company, we
do not use automatic decision-making or profiling.
This Privacy Policy has been
generated by the Privacy Policy Generator of the German Association
for Data Protection that was developed in cooperation with Privacy Lawyers from WILDE BEUGER SOLMECKE, Cologne.
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