abeMeda Privacy Policy
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 Andreas Becherer
Engineering. The use of the Internet pages of the Andreas Becherer
Engineering 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 Andreas Becherer Engineering. 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 Andreas Becherer Engineering 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 Andreas Becherer Engineering 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:
Andreas Becherer
Erich-Ollenhauer-Str. 194
65199 Wiesbaden
Germany
Phone: 0611-422848
Email: abe@abemeda.de
Website: abemeda.de
3. Collection of general data and
information
The website of the Andreas Becherer
Engineering 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 Andreas Becherer
Engineering 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
Andreas Becherer Engineering 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. Subscription to our newsletters
Andreas
Becherer Engineering informs their customers of important issues or
new version of the software they purchased. We use the eMail
address provided to us during purchasing for contacting our
customers (Article 95 DSGVO, §7 UWG).
In addition, subscribers to the newsletter may be informed by
e-mail, as long as this is necessary for the operation of the
newsletter service or a registration in question, as this could be
the case in the event of modifications to the newsletter offer, or
in the event of a change in technical circumstances. There will be
no transfer of personal data collected by the newsletter service to
third parties. The subscription to our newsletter may be terminated
by the data subject at any time. The consent to the storage of
personal data, which the data subject has given for shipping the
newsletter, may be revoked at any time. For the purpose of
revocation of consent, a corresponding link is found in each
newsletter. It is also possible to unsubscribe from the newsletter
at any time directly on the website of the controller, or to
communicate this to the controller in a different way.
5. Newsletter mailings and tracking
The
newsletter of the Andreas Becherer Engineering are plain text
eMails, we send them ourselves (without using an external mailing
service or transmitting any data). Or newsletter mails contain
no so-called tracking pixels. (A tracking pixel is
a miniature graphic embedded in such e-mails, which would be sent
in HTML format to enable log file recording and analysis).
6. Contact possibility via the website
The
website of the Andreas Becherer Engineering contains information
that enables a quick electronic contact to our enterprise, as well
as direct communication with us, which also includes a general
address of the so-called electronic mail (e-mail address). If a
data subject contacts the controller by e-mail or via a contact
form, the personal data transmitted by the data subject are
automatically stored. Such personal data transmitted on a voluntary
basis by a data subject to the data controller are stored for the
purpose of processing or contacting the data subject. There is no
transfer of this personal data to third parties.
7. 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.
8. Rights of the data subject
- a) Right of confirmation
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.
- b) Right of access
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 organisations;
-
- 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 organisation. 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 Andreas Becherer Engineering, he or she may, at any time,
contact any employee of the controller. An employee of Andreas
Becherer Engineering 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 Andreas
Becherer Engineering 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 Andreas Becherer Engineering, he or she
may at any time contact any employee of the controller. The
employee of the Andreas Becherer Engineering 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 Andreas Becherer
Engineering.
- 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 Andreas Becherer Engineering 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 Andreas Becherer Engineering 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 Andreas Becherer Engineering to the processing for
direct marketing purposes, the Andreas Becherer Engineering 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 Andreas Becherer
Engineering 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 Andreas Becherer Engineering. 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 Andreas Becherer Engineering 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 Andreas Becherer
Engineering.
- 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
Andreas Becherer Engineering.
9. Payment Method: Data protection provisions about the use
of PayPal as a payment processor
On this website, the
controller links to pages of PayPal. PayPal is an online payment
service provider. Payments are processed via so-called PayPal
accounts, which represent virtual private or business accounts.
PayPal is also able to process virtual payments through credit
cards when a user does not have a PayPal account. A PayPal account
is managed via an e-mail address, which is why there are no classic
account numbers. PayPal makes it possible to trigger online
payments to third parties or to receive payments. PayPal also
accepts trustee functions and offers buyer protection
services.
The European operating company of PayPal is PayPal (Europe)
S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg,
Luxembourg.
If the data subject chooses "PayPal" as the payment option in the
online shop during the ordering process, we send him to the pages
of PayPal. Andreas Becherer Engineering does not transmit any
personal data to PayPal, only your shopping cart contents. Any
payment information you enter with PayPal remains with them. We
only receive information from FastSpring about who you are (name,
address information, eMail) and what you purchased. The processing
of the purchase contract also requires such personal data, which
are in connection with the respective order.
The transmission of the data is aimed at payment processing and
fraud prevention. The controller will transfer personal data to
PayPal, in particular, if a legitimate interest in the transmission
is given. The personal data exchanged between PayPal and the
controller for the processing of the data will be transmitted by
PayPal to economic credit agencies. This transmission is intended
for identity and creditworthiness checks.
PayPal will, if necessary, pass on personal data to affiliates and
service providers or subcontractors to the extent that this is
necessary to fulfill contractual obligations or for data to be
processed in the order.
The data subject has the possibility to revoke consent for the
handling of personal data at any time from PayPal. A revocation
shall not have any effect on personal data which must be processed,
used or transmitted in accordance with (contractual) payment
processing.
The applicable data protection provisions of PayPal may be
retrieved under
https://www.paypal.com/us/webapps/mpp/ua/privacy-full.
10. Payment Method: Data protection provisions about the
use of FastSpring as a payment processor
On this
website, the controller links to pages of FastSpring. FastSpring is
an online payment service provider offering several payment
methods.
The European operating company of PayPal is FastSpring B.V. De
Cuserstraat 91, 1081 CN Amsterdam, Netherlands.
If the data subject chooses our FastSpring shop during the ordering
process, they are directed to the FastSpring website. We do not
transmit any data to FastSpring, and your payment information you
enter there remains with FastSpring. We only receive information
from FastSpring about who you are (name, address information,
eMail) and what you purchased. The processing of the purchase
contract also requires such personal data, which are in connection
with the respective order.
The transmission of the data is aimed at payment processing and
fraud prevention. The controller will transfer personal data to
PayPal, in particular, if a legitimate interest in the transmission
is given. The personal data exchanged between PayPal and the
controller for the processing of the data will be transmitted by
PayPal to economic credit agencies. This transmission is intended
for identity and creditworthiness checks.
FastSpring will, if necessary, pass on personal data to affiliates
and service providers or subcontractors to the extent that this is
necessary to fulfill contractual obligations or for data to be
processed in the order.
The data subject has the possibility to revoke consent for the
handling of personal data at any time from FastSpring. A revocation
shall not have any effect on personal data which must be processed,
used or transmitted in accordance with (contractual) payment
processing.
The applicable data protection provisions of FastSpring may be
retrieved under https://fastspring.com/privacy/.
11. 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).
12. 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.
13. 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.
14. 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.
15. Existence of automated decision-making
As
a responsible company, we do not use automatic decision-making or
profiling. We do not even track your movements on our website or
actively store cookies on your end.
This Privacy Policy has been generated by the Privacy Policy
Generator of the
DGD - Your External DPO that was developed in
cooperation with
German Lawyers from
WILDE BEUGER SOLMECKE, Cologne.
This privacy policy is dated May 22nd, 2018.
We reserve the right to change this privacy policy, at will,
without notice, and will post any revisions at
http://www.abeMeda.de . We encourage you to review this
privacy policy on a regular basis for any changes. Your use of this
web site will be subject to the then-current privacy policy.