Data protection

I. Name and address of the controller

The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is

Michel Tube Engineering GmbH

Falk-Müller-Strasse 30

97941 Tauberbischofsheim

Germany

09341 848 5500

info@michel-tube.com

www.michel-tube.com

 

II. Name and address of the data protection officer

The data protection officer of the controller is

Alexander Schmitt

Rübgrund 19

64347 Griesheim

Germany/Germany

datenschutz@michel-tube.com

 

III General information on data processing

1. scope of the processing of personal data

In the following, we provide information about the collection of personal data when using our website. Personal data is all data that can be related to you personally, such as your name, address, email address or user behavior. These and other definitions of the General Data Protection Regulation can be found here.

As a matter of principle, we only collect and use our users' personal data insofar as this is necessary to provide a functional website and our content and services. The collection and use of our users' personal data only takes place regularly with the user's consent. An exception applies, for example, in cases where it is not possible to obtain prior consent for factual reasons and the processing of the data is permitted by law.

2. legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.

When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.

Insofar as the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.

In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.

If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing. 

3. data erasure and storage duration

The personal data of the data subject will be deleted or blocked as soon as the purpose of storage no longer applies. Data may also be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.

4. disclosure of data

Data will only be passed on to third parties within the framework of the legal requirements, i.e. e.g. on the basis of Art. 6 para. 1 lit. b GDPR, if this is necessary for contractual purposes or on the basis of Art. 6 para. 1 lit. f GDPR due to legitimate interests.

If we use external service providers to provide our services, these have been carefully selected and commissioned by us. They are bound by our instructions and are regularly monitored. We take suitable legal precautions and appropriate technical and organizational measures to protect personal data.

Data is only transferred to third countries in which the GDPR is not directly applicable law if there is an adequate level of data protection, user consent or other legal permission.

5. SSL encryption

For better protection of transmitted content, our website uses SSL encryption. You can recognize such encryption by the display of https:// in the address bar. If the website is not encrypted, http:// is displayed there. SSL encryption means that the data you transmit to our website cannot be read by unauthorized third parties.

 

IV. Provision of the website and creation of log files

1. description and scope of data processing

When using the website for information purposes only, i.e. if you do not transmit information to us in any other way, our system automatically collects data and information from the computer system of the calling computer. 

The following data may be collected:

(1) Information about the browser type and version used

(2) The user's operating system

(3) The user's internet service provider

(4) The IP address of the user

(5) Date and time of access

(6) Time zone difference to Greenwich Mean Time (GMT)

(7) Content of the call (specific page)

(8) Amount of data transferred in each case

(9) Websites from which the user's system accesses our website 

(10) Websites that are accessed by the user's system via our website

The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.

2. legal basis for data processing 

The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR.

3. purpose of data processing

Temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session. 

Data is stored in log files to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. The data is not analyzed for marketing purposes in this context. 

These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f GDPR.

4. duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended. 

If the data is stored in log files, this is the case after seven days at the latest. Storage beyond this period is possible, among other things. In this case, the IP addresses of the users are deleted or anonymized so that it is no longer possible to identify the accessing client.

5. possibility of objection and removal

The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, the user has no option to object. 

 

V. Use of cookies

1. description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. When a user accesses a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again. Cookies cannot execute programs or transmit viruses to your computer. They are used to make the website more user-friendly and effective overall.

Among other things, we also use cookies on our website that enable an analysis of the surfing behavior of users. 

The following data can be transmitted in this way:

(1) Search terms entered

(2) Frequency of page views

(3) Use of website functions

The user data collected in this way is pseudonymized by technical precautions. It is therefore no longer possible to assign the data to the accessing user. The data is not stored together with other personal data of the user.

When accessing our website, users are informed by an info banner about the use of cookies for analysis purposes and referred to the cookie policy. In this context, there is also a reference to how the storage of cookies can be prevented in the browser settings.

When accessing our website, the user is informed about the use of cookies for analysis purposes and his consent to the processing of the personal data used in this context is obtained. 

2. legal basis for data processing 

The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 lit. f GDPR.

The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 para. 1 lit. a GDPR if the user has given consent to this.

3. purpose of data processing

Analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies, we learn how the website is used and can thus constantly optimize our offer.

These purposes also constitute our legitimate interest in the processing of personal data in accordance with Art. 6 para. 1 lit. f GDPR. 

4. duration of storage, possibility of objection and removal

Cookies are stored on the user's computer and transmitted by it to our website. As a user, you therefore have full control over the use of cookies. Some cookies are only used temporarily (so-called transient cookies). These are automatically deleted when you close the browser. Some cookies are not automatically deleted when the browser is closed (persistent cookies). These are automatically deleted after a specified period, which may vary depending on the cookie. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.

So called. Flash cookies are not recorded by your browser, but by your Flash plug-in. The transmission of Flash cookies cannot be prevented via the browser settings, but by changing the Flash Player settings. If you do not want Flash cookies to be processed, you must install an appropriate add-on, e.g. "BetterPrivacy" for Mozilla Firefox (https://addons.mozilla.org/de/firefox/addon/betterprivacy/) or Adobe Flash Killer Cookie for Google Chrome.

 

VIII Contact form and e-mail contact

1. description and scope of data processing

Alternatively, it is possible to contact us via the e-mail address provided. In this case, the user's personal data transmitted with the e-mail will be stored. 

No data is passed on to third parties in this context. The data is used exclusively for processing the conversation.

2. legal basis for data processing 

The legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR if the user has given consent.

The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f GDPR; if the contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.

The storage of further data collected is based on legitimate interests in accordance with Art. 6 para. 1 lit. f GDPR.

3. purpose of data processing

The processing of personal data serves us solely to process the contact. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in the processing of the data.

4. duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input screen of the contact form and those sent by email, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been conclusively clarified. 

The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

5. possibility of objection and removal

The user has the option to revoke their consent to the processing of personal data at any time. If the user contacts us by email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.

All personal data stored in the course of contacting us will be deleted in this case.

 

XII Use of Google Analytics

1. description and scope of data processing

This website uses Google Analytics, a web analytics service provided by Google Inc ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, if IP anonymization is activated on this website, your IP address will first be truncated by Google within member states of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator.

The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

This website uses Google Analytics with the extension "_anonymizeIp()". As a result, IP addresses are further processed in abbreviated form, so that direct personal references can be excluded. If the data collected about you is personally identifiable, it is immediately excluded and the personal data is deleted immediately.

2. legal basis for data processing

The legal basis for the use of Google Analytics is Art. 6 para. 1 lit. f GDPR.

3. purpose of data processing 

We use Google Analytics to analyze and regularly improve the use of our website. We can use the statistics obtained to improve our offer and make it more interesting for you as a user. For the exceptional cases in which personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

This website may also use Google Analytics for a cross-device analysis of visitor flows, which is carried out via a USER ID. You can deactivate the cross-device analysis of your usage in your customer account under "My data", "Personal data".

These purposes also constitute the legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f GDPR.

4. duration of storage

We do not know the exact storage periods of the data. We have no information on the deletion of the data collected.

5. possibility of objection and removal

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

You can find further information on the use of data by Google, setting and objection options on the Google websites: https://www.google.com/intl/de/policies/privacy/partners ("Use of data by Google when you use our partners' websites or apps"), http://www.google.com/policies/technologies/ads ("Advertising"), http://www.google.de/settings/ads ("Make the ads you see more useful to you").

 

XIII Rights of the data subject

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

1. right to information

You can request confirmation from the controller as to whether personal data concerning you is being processed by us. 

If such processing has taken place, you can request the following information from the controller:

(1) the purposes for which the personal data are processed;

(2) the categories of personal data that are processed;

(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;

(4) the planned duration of storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the duration of storage;

(5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing; 

(6) the existence of a right of appeal to a supervisory authority;

(7) all available information on the origin of the data if the personal data are not collected from the data subject;

(8) the existence of automated decision-making including profiling in accordance with Art. 22 (1) and (4) GDPR and - at least in these cases - meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.

2. right to rectification 

You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you is incorrect or incomplete. The controller must make the rectification without undue delay.

3. right to restriction of processing

Under the following conditions, you may request the restriction of the processing of your personal data:

(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) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;

(3) the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims, or

(4) if you have lodged an objection to the processing pursuant to Art. 21 (1) GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh your reasons.

If the processing of personal data concerning you has been restricted, such data may only be processed - apart from being stored - with your consent or for the establishment, exercise or defense 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.

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

4. right to erasure

a) Obligation to delete

You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase 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 revoke your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR and there is no other legal basis for the processing. 

(3) You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR. 

(4) The personal data concerning you has been processed unlawfully. 

(5) The deletion of personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject. 

(6) The personal data concerning you were collected in relation to information society services offered in accordance with Art. 8 para. 1 GDPR.

b) Information to third parties

If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Art. 17 (1) GDPR, it shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as the data subject, have requested them to erase all links to this personal data or copies or replications of this personal data. 

c) Exceptions

The right to erasure does not exist if the processing is necessary

(1) to exercise the right to freedom of expression and information;

(2) 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;

(3) for reasons of public interest in the area of public health in accordance with Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;

(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89(1) GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or

(5) for the assertion, exercise or defense of legal claims.

5. right to information

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed about these recipients by the controller.

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 machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, where

(1) the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and

(2) the processing is carried out by automated means.

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. The freedoms and rights of other persons must not be impaired by this.

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

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. Data protection is a top priority at Berliner Platz.

The controller will 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 for the establishment, exercise or defense of legal claims.

If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing.

If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.

Notwithstanding Directive 2002/58/EC, you have the option of exercising your right to object in connection with the use of information society services by means of automated procedures using technical specifications.

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

You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

9. automated decision-making in individual cases 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 similarly significantly affects you. This does not apply if the decision 

(1) is necessary for the conclusion or performance of a contract between you and the controller,

(2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or

(3) with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9(1) GDPR, unless Art. 9(2)(a) or (g) applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

In the cases referred to in (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and 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 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 you consider that the processing of personal data relating to you infringes the GDPR. 

The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.