1. GENERAL INFORMATION
ELKA-Torantriebe GmbH u. Co. Betriebs KG, Dithmarscher Str. 9, 25832 Tönning is the controller within the meaning of the European General Data Protection Regulation (GDPR) of the data processing on this website. We respect your personal rights. We understand the importance of personal data we receive from you as a user of our website. We respect the protection of your personal data and will collect, store or process all data obtained exclusively in accordance with the relevant data protection regulations within the scope of our business purpose.
 
2. DEFINITIONS
Personal data is any information relating to an identified or identifiable natural person; 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.
 
3. LEGAL BASIS OF PROCESSING
If we obtain your consent for the processing of personal data, Article 6(1)(1)(a) of the European General Data Protection Regulation (GDPR) serves as the legal basis. 
 
The processing of personal data required for the fulfilment of a contract with you is based on Article 6(1)(1)(b) GDPR. This also applies to processing operations that are necessary in order to take steps prior to entering into a contract.
 
If the processing of personal data is necessary for compliance with a legal obligation to which our company is subject, this is done within the scope of Article 6(1)(1)(c) GDPR.
 
If the processing is necessary to protect a legitimate interest of ourselves or a third party, and this legitimate interest is not overridden by your interests or fundamental rights and freedoms, Article 6(1)(1)(f) GDPR serves as the legal basis for the processing. If data is stored on your device, e.g. in the form of cookies (see also no. 5.2 and 5.6), the admissibility of the data usage is also pursuant to section 25 (1) of the Telecommunications-Telemedia Data Protection Act (TTDSG) (Consent) and in cases where storage is necessary pursuant to section 25 (2) no. 1 (Communication process) and no. 2 (Provision of a telemedia service) TTDSG. The legitimate interest of our company usually lies in the provision of the services due from us and/or ongoing optimisation of our services and presentations.
 
4. ERASURE OF DATA AND LENGTH OF TIME STORED
Your personal data will be erased or blocked as soon as the purpose for which it is stored no longer exists. Personal data may also be stored if this is required by the European or national legislator in EU regulations, laws or other legislation. The data will also be blocked or erased if a retention period required by the standards referred to expires, unless the continued storage of the data is necessary for entry into a contract or performance of a contract.
 
5. COLLECTION OF PERSONAL DATA
We generally do not collect or use any personal data when you visit our website. This only happens as far as this is necessary for the provision of a functional website as well as our content and services. Our users' personal data is collected and used regularly only after they have given their consent. It is also processed when the processing of data is allowed by statutory regulations.
 
In the following we would like to inform you about the nature, scope and purpose of our data processing on this website:
 
5.1 SERVER LOG FILES
Whenever our website is accessed, the user's login data required to access the website and to measure the use is stored on our server in a log file, which your browser sends to us automatically. The information collected and stored:
 
– Browser type/ browser version
– Operating system used
– Host name of the accessing computer
– Date and time of the server request
– IP address of the computer requesting the website
– Website from which accessed (referrer URL)
– Accessed files
– Data volume transferred
 
The log files are stored for the following purposes:
 
– Analysis of file retrieval for statistical purposes
– System security and stability of the website
– Checking for use in breach of contract or any other illegal use, if there are actual indications of this.
 
The legal basis for the data processing is provided by Article 6(1)(1)(f) GDPR. Our legitimate interest is established by the aforementioned data collection purposes. Under no circumstances do we collect data in order to draw immediate conclusions about your person. We do not combine this data with other data sources.
 
5.2 NECESSARY COOKIES
Whenever our website is accessed, cookies are stored on the user's computer. Cookies are small text files stored in a designated file directory of the user's computer. This file is used to identify the user's computer for the duration of the session. These cookies cannot be used to manipulate the user's device and can be deleted manually at any time - most easily in the browser. 
 
You can adjust the settings in your internet browser so that cookies are rejected or only accepted after confirmation. The purpose of the cookies, in this case session cookies, is to enhance the function of our internet offering and to make it as easy as possible for you to use. Please note that if you reject cookies, you will limit the functionality of our application. 
 
The processing of data with cookies is necessary for the aforementioned purposes to protect our legitimate interests as well as the legitimate interests of third parties pursuant to Article 6(1)(1)(f) GDPR and section 25 (2) TTDSG.
 
5.3 USAGE DATA
We collect and use personal data from you on the basis of Article 6(1)(1)(b) GDPR, if applicable in conjunction with section 25 (2) no. 2 TTDSG, as far as this is necessary to enable the use of our website (usage data).
 
5.4 DATA DISCLOSED WHEN YOU CONTACT US
If you send us an enquiry via the contact form, we will store the data entered on the form, or via the e-mail address provided for contact purposes, including the contact details disclosed by you, solely for the purpose of replying to the respective enquiry and for follow-up enquiries. 
 
We will not share this data with third parties without your consent. The data is used on the basis of Article 6(1)(1)(b) GDPR in the processing of our request.
 
5.5 TRACKING MEASURES
Tracking tools and the cookies placed in this connection are used on the basis of Article 6(1)(1)(a) GDPR / section 25 (1) TTDSG with your consent that can be withdrawn at any time. In using these tracking measures, we want to ensure that our website is tailored to the needs of users and its continuous optimisation (through statistical analyses).
 

 
5.6.2 USE OF MATOMO
We use the open-source software Matomo for the analysis and statistical evaluation of the use of the website. Cookies are used for this purpose (see above). The information generated by the cookie on the use of the website is transferred to our servers and summarised in usage profiles created using pseudonyms. The information is used to analyse the use of the website and to ensure that our website is tailored to the needs of users. The information will not be passed on to third parties. The IP address will not be combined with other data concerning the user. The IP addresses are anonymised, as a result they cannot be assigned to users (IP masking). Your visit to this website is currently being tracked by Matomo web analytics. Click here https://matomo.org/ docs/privacy/ if you want to opt out of web analytics tracking.
 

5.5 Webshop

If you wish to place an order in our webshop, it is necessary for the conclusion of the contract that you provide personal data that we require for the processing of your order. Mandatory information required for the processing of contracts is marked separately, other information is voluntary. We process the data you provide to fulfil your order. The legal basis for this is Art. 6 para. 1 sentence 1 lit. b GDPR.

We may also process the data you provide in order to inform you about other interesting products from our portfolio or to send you emails with technical information.

Due to commercial and tax law requirements, we are obliged to store your address, payment and order data for a period of ten years. However, we restrict processing after two years, i.e. your data will only be used to comply with legal obligations.

To prevent unauthorised access by third parties to your personal data, in particular financial data, the order process is encrypted using TLS technology.

We also transmit your address data to the shipping service providers we use for the purpose of processing your order. The legal basis for this is Art. 6 para. 1 sentence 1 lit. b GDPR, as shipping is not possible without the use of a shipping service provider. Furthermore, we may also transmit your email address to the shipping service provider for the purpose of informing you about the shipping status. In this respect, the shipping service provider is obliged to use the e-mail address exclusively for the purpose of notifying you. The legal basis for this is our legitimate interest in ensuring that you receive your shipment as easily as possible and receive the best possible service from us, Art. 6 para. 1 sentence 1 lit. f GDPR.

5.6 TRACKING PROCEDURE

The use of tracking tools and the cookies set in this context is based on Art. 6 para. 1 sentence 1 lit. a GDPR / § 25 para. 1 TTDSG by your consent, which can be revoked at any time. In this way, we want to ensure a needs-based design and the ongoing optimisation of our website (through statistical evaluations).

Use of eTracker

This website uses technology from etracker GmbH (http://www.etracker.com) to collect and store data for marketing and optimisation purposes. This data can be used to create user profiles under a pseudonym. Cookies can be used for this purpose. Cookies are small text files that are stored locally in the cache of the website visitor's Internet browser. Cookies make it possible to recognise the Internet browser. The data collected using eTracker technologies will not be used to personally identify the visitor to this website and will not be merged with personal data about the bearer of the pseudonym without the separately granted consent of the person concerned. The collection and storage of data can be cancelled at any time with effect for the future.

We use eTracker to analyse and regularly improve the use of our website. We can use the statistics obtained to improve our offering and make it more interesting for you as a user. The data collected is stored permanently and analysed pseudonymously.

Further information from the third-party provider: etracker GmbH, Erste Brunnenstraße 1, 20459 Hamburg, Germany; https://www.etracker.com/de/datenschutz.html.

6. NEWSLETTER
This website uses Rapidmail to send newsletters. The provider is rapidmail GmbH, Augustinerplatz 2, 79098 Freiburg i.Br., Germany. Rapidmail is a service with which the sending of newsletters can be organised and analysed. The data you enter for the purpose of newsletter subscription will be stored on Rapidmail's servers in Germany. If you do not want an analysis by Rapidmail, you must unsubscribe from the newsletter. For this purpose, we provide an appropriate link in every newsletter message. You can also unsubscribe from the newsletter directly on the website. Data analysis by Rapidmail: For analysis purposes, e-mails sent with Rapidmail contain a so-called "tracking pixel" that connects to Rapidmail's servers when the e-mail is opened. In this way it can be determined if a newsletter message has been opened. Furthermore we can determine with the help of Rapidmail whether and which links are clicked in the newsletter message. All links in the e-mail are so-called tracking links with which your clicks can be counted.
 
For more information on Rapidmail's analysis functions, please follow this link: https://de.rapidmail.wiki/kategorien/statistiken/. Legal basis: The data is processed exclusively on the basis of your consent (Article 6(1)(1)(a) GDPR. You can withdraw this consent at any time. The lawfulness of the processing that has already taken place will not be affected by the withdrawal. Retention period: The data disclosed to us for the purpose of newsletter subscription will be stored by us until you unsubscribe from the newsletter. The data disclosed to us will be deleted from our servers as well as from the Rapidmail servers after you unsubscribe from the newsletter. Data stored by us for other purposes (e.g. e-mail addresses for the member area) remain unaffected by this. For more information, please refer to Rapidmail's data security information at: https://www.rapidmail.de/datensicherheit. Conclusion of a contract data processing agreement: In an agreement concluded with Rapidmail, we have placed Rapidmail under obligation to protect our customers' data and not to disclose it to third parties. This agreement can be viewed at the following link: https://de.rapidmail.wiki/files/adv/muster-auftragsdatenverarbeitung.pdf 
 
In order to add you to our e-mail distribution list, we need your confirmation or consent that you are the owner of the e-mail address stated and that you consent to receiving the messages. 
 
For the registration for our newsletter we use the double-opt-in process. This means that after you have registered, we will send you an e-mail to the e-mail address specified in which we will ask you to confirm that you would like to be sent the newsletter. If you do not confirm your registration within 7 days, your information will be deleted. The data collected will be used exclusively to inform you about events and presentations and to document your consent. We also store your IP addresses used and the times of registration and confirmation. The purpose of the process is to verify your registration and to clear up any possible misuse of your personal data. 
 
It is not disclosed to third parties. 
 
This consent is given voluntarily. The legal basis for your consent is provided by Article 6(1)(1)(a) GDPR.
 
Your consent to the sending of the newsletter can be withdrawn at any time with effect for the future. Your aforementioned data will then be deleted without delay and you will receive no further messages.

7. YOUR RIGHTS
Insofar as we process your personal data on our website, you are the "data subject" within the meaning of GDPR. You have the following rights:

7.1 RIGHT TO INFORMATION
You can ask us to confirm whether we are processing your personal data. If we are processing your personal data, you can ask for the following information from us:
 
– the purposes for which the personal data is processed; 
– the categories of personal data which are processed; 
– the recipients or categories of recipients to whom your personal data has been or is still being disclosed; 
– the planned length of time the personal data is to be stored, or if this is not possible, the criteria for determining this length of time; 
– the existence of a right to complain to a supervisory authority; 
– all available information on the origin of the data if the personal data is not collected from you; 
– the existence of automated decision-making including profiling pursuant to Article 22(1) and (4) GDPR and – at least in these cases – meaningful information on the logic involved and the consequences and intended effect of such processing for you.
 
You also have the right to ask for information on whether your personal data is transferred to a third country or to an international organization. In this connection, you can ask to be informed of the suitable safeguards relating to the transfer pursuant to Article 46 GDPR.

7.2 RIGHT TO RECTIFICATION
You have the right to the rectification and/or completion of your personal data if your processed data is incorrect or incomplete. If this is the case, we will make the correction without delay.
 
7.3 RIGHT TO RESTRICTION OF PROCESSING
You have the right to ask for the restriction of the processing of your personal data under the following conditions, if: 
 
 – you dispute the correctness of your personal data for a period which allows us to verify the correctness of the data; 
– the processing is unlawful and you refuse the erasure of your personal data and instead request the restriction of use; 
– we no longer need the personal data for processing purposes, but you need the data to enforce, exercise or defend legal rights, or 
– you have objected to the processing pursuant to Article 21(1) GDPR and it has not yet been determined whether our legitimate reasons override your reasons.
 
If you have asked for the restriction of the processing of your personal data, this data will, with the exception of storage, only be processed with your consent or for the enforcement, exercising or defence of legal rights or for the protection of the rights of another natural person or legal entity or for reasons of substantial public interest of the European Union or of a Member State. You will be informed by us before the restriction is lifted.

7.4 RIGHT TO ERASURE
You can ask us to erase your personal data immediately. We are obliged to delete this data immediately if one of the following reasons applies:

• Your personal data are no longer necessary for the purposes for which they were collected or otherwise processed.

• You revoke any existing consent on which the processing was based pursuant to Art. 6 (1)(1)(a) or Art. 9 (2)(a) GDPR and there is no other legal basis for further processing.

• You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing.

• You object to processing for direct marketing purposes pursuant to Art. 21 (2) GDPR.

• Your personal data has been processed unlawfully.

• The deletion of your personal data is necessary to fulfill a legal obligation under Union law or the law of the Member States to which we are subject.

• Your personal data was collected in relation to information society services offered in accordance with Art. 8 (1) GDPR.

If we have made your personal data public and we are obliged to delete it in accordance with Art. 17 (1) GDPR, we will take appropriate measures, taking into account the available technology and the implementation costs, to inform the data controller(s) that you have requested the deletion of all links to this personal data, copies or replications.

Your right to erasure does not apply if the processing is necessary
• to exercise the right to freedom of expression and information;
•for compliance with a legal obligation which requires processing by Union or Member State law to which we are subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in us;
• for reasons of public interest in the area of public health in accordance with Art. 9 (2)(h) and (i) and Art. 9 (3) GDPR;
• 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 (1) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
• for the assertion, exercise or defense of legal claims.

7.5 RIGHT TO INFORMATION
If you have asserted your right to rectification, erasure or restriction of processing against us, we are obliged to notify all recipients to whom your personal data has 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 request that we inform you about these recipients.

7.6 RIGHT TO DATA PORTABILITY
You have the right to receive your personal data, which you may have provided to us, in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from us, provided that
• the processing is based on consent pursuant to Art. 6 (1)(1)(a) GDPR or Art. 9 (2)(a) GDPR or on a contract pursuant to Art. 6 (1)(1)(b) GDPR and
• the processing is carried out using automated procedures.
Furthermore, you have the right in this respect to obtain the transfer of your personal data directly from us to another controller, insofar as this is technically feasible. The rights and freedoms of other persons must not be affected 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 us. In the context of our website, we do not currently assume that data subject to the right to data portability will be processed.

7.7 RIGHT OF OBJECTION
You have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions. We will then no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves 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 personal data concerning you for the purpose of such advertising; this also applies to any profiling associated with this. If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes. You have the option of exercising your right to object in connection with the use of information society services - notwithstanding Directive 2002/58/EC - by means of automated procedures that use technical specifications.

7.8 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.

7.9 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. We do not carry out such processing.

7.10 RIGHT OF COMPLAINT TO A SUPERVISORY AUTHORITY
Without prejudice to any other rights to lodge a complaint, 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 your personal data infringes the GDPR.

8. RESPONSIBILITY FOR LINKED CONTENTS
We may also use links to websites of other providers on our website. In this respect, this data protection declaration does not apply. If personal data is collected, processed or used when using the websites of these other providers, please refer to the data protection information of the respective providers. We are not responsible for their data protection practices.

9. DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES
Your personal data is stored exclusively on our servers or on servers used on our behalf. Access to and use of the data is only possible for an authorized group of employees or service providers and is also only limited to the data required to perform the respective task. Your data will not be transferred to third parties without your consent. Data is not transferred to third countries (countries outside the European Economic Area - EEA), unless otherwise stated in this privacy policy, and is not intended to be transferred in the future.

10. DATA SECURITY
To protect your personal data, we have taken technical and organizational measures to ensure that your data is protected against accidental or intentional loss, destruction or manipulation and against access by unauthorized persons. Our protective measures are reviewed at regular intervals and adapted to technical progress where necessary.

11. DATA PROTECTION OFFICER
If you have any further questions regarding the processing of your personal data, please contact our data protection officer:
compolicy GmbH Schwedenkai 1 24103 Kiel
E-Mail: info@compolicy.de

12. CHANGES TO THE PRIVACY POLICY
We reserve the right to amend this privacy policy at any time if necessary and in consideration of the data protection regulations applicable at the time of amendment.

Status: April 2022