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Privacy policy

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).

Use of Google Analytics 
Our website uses Google Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. 
"Google Analytics uses "cookies", text files which are stored on your computers and allow an analysis of the use of the website. The information generated by the cookie on your use of this website will be transmitted to and stored on a Google server in the USA. Your anonymised IP address will however be shortened beforehand within member states of the European Union or in other states signed up to the Agreement on the European Economic Area.

Google will use this information on behalf of the operator of this Website to analyse your use of the Website, to compile reports on the Website activities and perform further services related to the use of the Website and internet for the website operator. The anonymised IP address transmitted by your browser while using Google Analytics will not be combined with other data held by Google. You may prevent cookies from being stored with an appropriate setting in your browser software; we point out, however, that in this case you will not have full use of all of the functions on this website. 
We use Google Analytics solely to analyse data from double-click cookies (cookies placed by Google) and ads for statistical purposes. Google Analytics supports an optional browser add-on for the standardised disabling of these cookies. You may also prevent data generated by the cookie and relating to your use of the website (including your IP address) being collected and processed by Google by downloading and installing the browser plugin available at the following link http://tools.google.com/dlpage/gaoptout?hl=de. However, only the collection of data by Google is disabled by the add-on. 
As the provider of the website, we do not obtain any information on the content of the data transmitted or its use by Google. Further information on this can be found in Google's privacy policy and terms of use at https://www.google.de/intl/de/policies/
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.

Use of Vimeo 
We use components provided by Vimeo on this website. Vimeo is a service provided by Vimeo LCC, 555 West 18th Street, New York, New York 10011, USA. Whenever a website which uses the Vimeo service is accessed, the service used on the website prompts your browser to download certain data from Vimeo. If you access our website and at the same time are logged into a Vimeo user account, Vimeo recognises the information collected by the service installed on the website, the specific website you visit and assigns this information to your personal Vimeo account, if applicable. The information that you have visited our website will also be forwarded to Vimeo. This will happen regardless of whether you use for example the relevant Vimeo functions on our website. If you want to prevent this transfer and storage of data concerning you and your behaviour on our website by Vimeo, you have to log out of Vimeo before you visit our website. Vimeo's privacy policies, in particular concerning the collection and use of data by Vimeo, can be found here: https://vimeo.com/privacy 
Vimeo functions are used in the interest of presenting our website in an appealing and user-friendly manner in accordance with our legitimate interest pursuant to Article 6(1)(1)(f) GDPR.

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 erase this data immediately if one of the following reasons applies:

• Your personal data is no longer required for the purposes for which it was collected or otherwise processed. 
• You withdraw your consent upon which the processing is based pursuant to Article 6(1)(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal basis for the processing. 
• You object to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate reasons for the processing.
• You object to the processing by way of direct marketing pursuant to Article 21(2) GDPR. 
• Your personal data was processed unlawfully. 
• The erasure of your personal data is required to meet a legal obligation under Union law or the law of the member states which we are subject to. 
• Your personal data was collected in relation to information society services pursuant to Article 8(1) GDPR.

If we have published your personal data and are accordingly required to delete it pursuant to Article 17(1) GDPR, we will take appropriate measures, taking into account the available technology and implementation costs, to inform the persons responsible for the data processing that you have asked them to delete all links to this personal data or copies or replications of this personal data. 

Your right to erasure does not exist if the processing is necessary: 

• for exercising the right of 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 pursuant to Article 9(2)(h) and (i) and Article 9(3) GDPR; 
• for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or 
• for the enforcement, exercising or defence of legal claims.

7.5 Right to be informed
If you have exercised your right to rectification, erasure or restriction of processing, we are obliged to inform all recipients to whom your personal data have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves this proves to be impossible or involves unreasonable cost. You have the right to be informed about these recipients.

7.6 Right to data portability
You have the right to receive any personal data that you may have disclosed to us in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without any hindrance us, if 

• the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or a contract pursuant to Article 6(1)(b) GDPR and 
• the processing is performed with the help of automated processes.

Furthermore, you have the right to arrange for your personal data to be transferred directly by us to another controller, if this is technically feasible. The rights and freedoms of other persons will not be affected by this. 

The right to data portability shall not apply to any 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. With regard to the offering on our website, we do not currently believe that data subject to the right to data portability is processed.

7.7 Right to object
You have the right to object at any time for reasons relating to your particular situation to the processing of your personal data which is performed on the basis of Article 6(1)(1)(e) or (f) GDPR; this also applies to profiling based on these provisions. We will no longer process your personal data, unless we can provide proof of compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the enforcement, exercising or defence 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 yourself for the purpose of such advertising; this also applies to profiling, if it is related to such direct marketing. If you object to processing for direct marketing purposes, the personal data will no longer be processed for such purposes. In the context of the use of information society services, and notwithstanding Directive
2002/58/EC, you can exercise your right to object by automated means using technical specifications.

7.8 Right to withdraw consent required under data protection law
You have the right to withdraw your consent required under data protection law at any time. The lawfulness of the processing that has taken place based on the consent up until the withdrawal will not be affected by the withdrawal.

7.9 Automated individual decision-making, 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 yourself or similarly significantly affects you. We do not carry out such processing.

7.10 Right to complain to a supervisory authority
Without prejudice to any other rights of appeal, you have the right to complain to a supervisory authority, in particular in the member state of your place of residence, your place of work or the place of the alleged breach, if you are of the view that the processing of your personal data is in breach of GDPR.

8. Responsibility for linked content
On our website we may also use links to websites of other providers. This privacy policy does not apply in this respect. If personal data is collected, processed or used when using the websites of these other providers, please note the information on data protection of the respective providers. We are not responsible for their privacy practices.

9. Disclosure of personal data to third parties
Your personal data will only be stored on our servers or on servers used on our behalf. Access to and use of the data is only possible for authorised employees or service providers and is also limited to the data required to perform the respective task. Your data will not be transmitted 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. There is also no intention to transfer data to third countries in the future.

10. Data security
To protect your personal data, we have taken technical and organisational measures to ensure that your data is protected against accidental or intentional loss, destruction or manipulation as well as access by unauthorised persons. Our protective measures are reviewed regularly and adjusted to take into account technological progress.

11. Data Protection Officer
If you have any questions concerning the processing of your personal data, please contact our Data Protection Officer:

compolicy GmbH 
Schwedenkai 1
24103 Kiel, Germany
Email: info@compolicy.de


12. Changes to the privacy policy
We reserve the right to change this privacy policy at any time as necessary and also taking into consideration the data protection regulations applicable at the time of the change. 

Date: April 2022

Sous réserve de modifications techniques sans préavis.

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