Enclosure "Data protection information"

Data protection information for customers/contract partners in accordance with the European Data Protection Regulation (DSGVO)

We, W8SVR GmbH ("we", "W8SVR"), take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection information. The responsible person in terms of the applicable data protection laws as well as other data protection regulations is: 

W8SVR GmbH
Fabrikstraße 13-15
48712 Gescher

1. Type of use of personal data

We process personal data that we receive from you in the course of our business relationship in your capacity as customer/contractual partner or as representative/authorised representative/contact person of the company that is our customer/contractual partner. In the business initiation phase and during the business relationship, personal data is generated by us and you. In the case of companies, this data essentially relates to the contact person responsible at your company and, if applicable, the company management (managing director, board of directors). The personal data usually generated are:

Name, title, address, telephone number, fax number, e-mail address, account data, your company / firm (with VAT ID), department, position, date of birth, subject matter of the contract, credit assessments, enquiries and correspondence for the conclusion, administration, performance and settlement of the contract.

2. Purpose and legal basis for the processing of personal data

Your personal data will be processed in accordance with the applicable data protection regulations, in particular the DSGVO and the Federal Data Protection Act (BDSG). In detail, this is done for the following purposes and on the basis of the following legal grounds:

a) Based on your consent pursuant to Art. 6 (1) sentence 1 lit. a DSGVO.

If you have given us consent to process your data for specific purposes, we process your data on the legal basis of your consent. The scope and purpose of the data processing is described in the corresponding declaration of consent communicated to you separately.

b) For the fulfilment of contractual obligations pursuant to Art. 6 para. 1 sentence 1 lit. b DSGVO.

The processing of personal data is carried out for reasons related to the performance of contracts, namely for the performance of your contract. Further information on the purposes and scope of the contractual services for which the data is processed can be found in the respective contract concluded with you and the GTC included therein.

c) To meet legal requirements in accordance with Art. 6 Para. 1 Sentence 1 lit. c DSGVO

As a company, we are subject to various legal requirements for the fulfilment of fiscal control and reporting obligations. In order to ensure these requirements, personal data is processed within the scope of business initiation and processing in accordance with the legal requirements.

d) Within the framework of the balancing of interests in accordance with Art. 6 Para. 1 Sentence 1 lit. f DSGVO

We process your data beyond the actual fulfilment of the contract to protect legitimate interests of us or third parties:

  • Advertising by e-mail about similar products or by post, unless you have objected to this, in order to be able to draw your attention to our current offers (our legitimate interest).
  • Depending on the selected payment method, we transmit your data (name, address and, if applicable, date of birth) to Creditreform Boniversum GmbH for the purpose of checking creditworthiness, obtaining information for assessing the risk of non-payment on the basis of mathematical-statistical procedures using address data. Should the prognosis regarding the customer's payment behaviour be negative, the customer will be requested to choose another means of payment.

3. Data deletion and storage period

The personal data of the data subject shall be deleted or blocked as soon as the purpose of the storage no longer applies. Storage may also take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the person responsible is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a necessity for the continued storage of the data for the conclusion or fulfilment of a contract.

After fulfilment of the contractual and legal obligations, the personal data is regularly deleted. Exceptions to this are:

  • The fulfilment of retention periods under commercial and tax law. The periods for this are between two and ten years.
  • The preservation of evidence within the framework of the respective applicable statute of limitations. According to §§ 195 ff. of the German Civil Code, these limitation periods can be up to thirty years. The regular limitation period here is three years to the end of the year.

4. Disclosure to third parties

Personal data of the person concerned will not be passed on to third parties. Your personal data will only be accessed by the bodies that need it to fulfil contractual and legal obligations. This includes transport and logistics companies, fitters, dealers and sales representatives, insofar as this is necessary for the execution or justification of the contract. For billing purposes, we pass on the necessary payment data to our house bank. Insofar as service providers and vicarious agents are also involved in the data processing process, this is only possible if the legal obligations prescribed for this in the DSGVO, as well as the specifications of us for handling personal data, are followed obligatorily.

5. Transfer to a "third country"

Your personal data will only be transferred to countries outside the EU or the EEA if you have given us your consent to do so or if this is a necessary condition for the performance of a contract.

6. Obligation to provide

The data requested by us in the respective contract (name, company/company, contact and account data) must be provided. Without providing this data, we must reject you or your company as a contractual partner, as we absolutely need this data to process the contract.

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 of access

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

If such processing is taking place, you may request the controller to provide you with the following information:

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

(b) the categories of personal data which are processed;

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

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

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

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

(g) any available information on the origin of the data, if the personal data are not collected from the data subject;

(h) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

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

 

2. Right of rectification

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

3. Right to restriction of processing

You may request the restriction of the processing of personal data concerning you under the following conditions:

(a) 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;

(b) the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;

(c) the controller no longer needs the personal data for the purposes of the processing but you need it for the establishment, exercise or defence of legal claims; or

(d) if you have objected to the processing in accordance with Article 21(1) DSGVO and it is not yet clear whether the controller's legitimate grounds override your grounds.

Where the processing of personal data relating to you has been restricted, such data may be processed, with the exception of storage, only with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial 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 may request the controller to erase the personal data concerning you without undue delay and the controller is obliged to erase such data without undue delay if one of the following reasons applies:

(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.

(2) You withdraw your consent on which the processing was based pursuant to Art. 6 (1) a or Art. 9 (2) a DSGVO and there is no other legal basis for the processing.

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

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

(5) The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.

(6) The personal data concerning you has been collected in relation to information society services offered pursuant to Article 8(1) of the 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 Article 17(1) of the GDPR, it shall take reasonable steps, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers that process the personal data that you, as the data subject, have requested them to erase all links to, or copies or replications of, that personal data.

c) Exceptions

The right to erasure does not apply insofar as the processing is necessary to.

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

(2) for compliance with a legal obligation which requires processing under 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 pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;

(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, insofar as the right referred to in section (a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or

(5) for the assertion, exercise or defence 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 of these recipients by the controller.

 

6. Right to data portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, common and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data has been provided, provided that

(a) the processing is based on consent pursuant to Art. 6 (1) (a) DSGVO or Art. 9 (2) (a) DSGVO or on a contract pursuant to Art. 6 (1) (b) DSGVO and (b) the processing is carried out with the aid of automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. This must not affect the freedoms and rights of other persons.

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 at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) DSGVO; this also applies to profiling based on these provisions.

The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.

If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purposes of such marketing; this also applies to profiling insofar as it is related to such direct marketing.

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

You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object 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 revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

 

9. Automated decision 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 permissible on the basis of legal provisions of the Union or the Member States to which the controller is subject and these legal provisions contain appropriate measures to safeguard your rights and freedoms as well as your legitimate interests; or

(3) is made with your express consent.

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

With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.

10. Right to complain to 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 residence, place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

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

We reserve the right to update this data protection information as necessary to adapt it to technical developments or in connection with the offer of new services or product. You can always check the current version on the website.