Privacy
1) Information on the Collection of Personal Data and Contact Details of the Controller
1.1 We are pleased that you are visiting our website and thank you for your interest. On the following pages, we inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified.
1.2 The controller in charge of data processing on this website, within the meaning of the General Data Protection Regulation (GDPR), is Gebr. Märklin & Cie. GmbH, Stuttgarter Straße 55-57, 73033 Göppingen, Deutschland, Tel.: 07161 / 608 222, Fax: 07161 / 608 344, E-Mail: service@maerklin.de. The controller in charge of the processing of personal data is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
1.3 The controller has designated a data protection officer for this website. He can be reached as follows: "ndreas Zimmermann, Liststraße 4, 73035 Göppingen, 0049 (0)7161-9880478, a.zimmermann@maerklin.de"
1.4 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the controller). You can recognize an encrypted connection by the character string https:// and the lock symbol in your browser line.
2) Data Collection When You Visit Our Website
When using our website for information only, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called "server log files"). When you visit our website, we collect the following data that is technically necessary for us to display the website to you:
- Our visited website
- Date and time at the moment of access
- Amount of data sent in bytes
- Source/reference from which you came to the page
- Browser used
- Operating system used
- IP address used (if applicable: in anonymized form)
Data processing is carried out in accordance with Art. 6 (1) point f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files subsequently, if there are any concrete indications of illegal use.
3) Cookies
In order to make your visit to our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your terminal and enable us or our partner companies (third-party cookies) to recognize your browser on your next visit (persistent cookies). If cookies are set, they collect and process specific user information such as browser and location data as well as IP address values according to individual requirements. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. You can check the duration of the respective cookie storage in the overview of the cookie settings of your web browser.
In some cases, cookies are used to simplify the ordering process by saving settings (e.g. remembering the content of a virtual shopping basket for a later visit to the website). If personal data are also processed by individual cookies set by us, the processing is carried out in accordance with Art. 6 (1) point b GDPR either for the execution of the contract or in accordance with Art. 6 (1) point f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit.
We work together with advertising partners who help us to make our website more interesting for you. For this purpose, cookies from partner companies are also stored on your hard drive when you visit our website (third-party cookies). You will be informed individually and separately about the use of such cookies and the scope of the information collected in each case within the following sections.
Please note that you can set your browser in such a way that you are informed about the setting of cookies and you can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or generally. Each browser differs in the way it manages the cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You will find these for the respective browsers under the following links:
- Internet Explorer: https://support.microsoft.com
- Firefox: https://www.mozilla.org
- Chrome: https://support.google.com
- Safari: https://support.apple.com
- Opera: https://help.opera.com
Please note that the functionality of our website may be limited if cookies are not accepted.
4) Contacting Us
When you contact us (e.g. via contact form or e-mail), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of responding to your request or for establishing contact and for the associated technical administration. The legal basis for processing data is our legitimate interest in responding to your request in accordance with Art. 6 (1) point f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) point b GDPR. Your data will be deleted after final processing of your enquiry; this is the case if it can be inferred from the circumstances that the facts in question have been finally clarified, provided there are no legal storage obligations to the contrary.
5) Data Processing When Opening a Customer Account and for Contract Processing
Pursuant to Art. 6 (1) point b GDPR, personal data will continue to be collected and processed if you provide it to us for the execution of a contract or when opening a customer account. Which data is collected can be seen from the respective input forms. It is possible to delete your customer account at any time. This can be done by sending a message to the above-mentioned address of the controller. We store and use the data provided by you for contract processing. After complete processing of the contract or deletion of your customer account, your data will be blocked in consideration of tax and commercial retention periods and deleted after expiry of these periods, unless you have expressly consented to further use of your data or a legally permitted further use of data has been reserved by our site, about which we will inform you accordingly below.
6) Use of Client Data for Direct Advertising
If you subscribe to our e-mail newsletter, we will send you regular information about our offers. The only mandatory information for sending the newsletter is your e-mail address. The indication of additional possible data is voluntary and is used to allow us to address you personally. We use the so-called double opt-in procedure for sending newsletters. This means that we will not send you an e-mail newsletter, unless you have expressly confirmed to us that you agree to the sending of such a newsletter. We will then send you a confirmation e-mail asking you to confirm that you wish to receive future newsletters by clicking on an appropriate link.
By activating the confirmation link, you give us your consent to the use of your personal data in accordance with Art. 6 (1) point a GDPR. When you register for the newsletter, we store your IP address entered by the Internet Service Provider (ISP) as well as the date and time of registration so that we can trace any possible misuse of your e-mail address at a later time. The data collected by us when you register for the newsletter will be used exclusively for the purpose of advertising by means of the newsletter. You can unsubscribe from the newsletter at any time via the link provided in the newsletter or by sending a message to the responsible person named above. After your cancellation, your e-mail address will immediately be deleted from our newsletter distribution list, unless you have expressly consented to further use of your data or we reserve the right to use data in excess thereof, which is permitted by law and about which we inform you in this declaration.
7) Processing of Data for the Purpose of Order Handling
7.1 Insofar as necessary for the processing of the contract for delivery and payment purposes, the personal data collected by us will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 (1) lit. b GDPR.
If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we will process the contact data (name, address, e-mail address) provided by you when placing the order in order to inform you personally by suitable means of communication (e.g. by post or e-mail) about upcoming updates within the legally stipulated period of time within the framework of our statutory duty to inform pursuant to Art. 6 (1) lit. c GDPR. Your contact details will be used strictly for the purpose of informing you about updates owed by us and will only be processed by us for this purpose to the extent necessary for the respective information.
In order to process your order, we also work together with the following service provider(s), who support us in whole or in part in the execution of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.
7.2 Use of Payment Service Providers
- PAYONE
If you decide on a payment method of the payment service provider PAYONE, payment is processed by the payment service provider PAYONE GmbH, Lyoner Straße 9, 60528 Frankfurt/Main, Germany, to whom we pass on your information provided during the order process together with the information about your order in accordance with Art. 6 (1) point b GDPR. Your data will only be passed on for the purpose of payment processing with the payment service provider PAYONE and only to the extent necessary.
- Klarna
If the payment method "Klarna invoice purchase" or (if offered) the payment method "Klarna Installment Purchase" is selected, payment is processed by Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). To enable payment to be processed, your personal data (first and last name, street, house number, postcode, city, gender, e-mail address, telephone number and IP address) as well as data related to the order (e.g. B. Invoice amount, article, delivery type) is forwarded to Klarna for the purpose of identity and creditworthiness check, provided you have expressly consented to this in accordance with Art. 6 (1) point a GDPR within the ordering process. You can view to which credit agencies your data may be forwarded at: https://www.klarna.com
The credit report can contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on recognized scientific, mathematical-statistical methods. The calculation of the score values includes, but is not limited to, address data. Klarna uses the information received on the statistical probability of non-payment for a balanced decision on the establishment, implementation or termination of the contractual relationship.
You can revoke your consent at any time by sending a message to the controller responsible for data processing or to Klarna. However, Klarna may still be entitled to process your personal data if this is necessary to process payments in accordance with the contract.
- Paypal
When you pay via PayPal, credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "payment by instalments" via PayPal, we transmit your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"). The transfer takes place in accordance with Art. 6 (1) point b GDPR and only insofar as this is necessary for payment processing.
PayPal reserves the right to carry out credit checks for the payment methods credit card via PayPal, direct debit via PayPal or, if offered, "purchase on account" or "payment by installments" via PayPal. For this purpose, your payment data may be passed on to credit agencies on the basis of PayPal's legitimate interest in determining your solvency pursuant to Art. 6 (1) point f GDPR. PayPal uses the result of the credit assessment in relation to the statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The credit report can contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on recognized scientific, mathematical-statistical methods. The calculation of the score values includes, but is not limited to, address data. For further information on data protection law, including the credit agencies used, please refer to PayPal's data protection declaration at: https://www.paypal.com
You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for contractual payment processing.
7.3 Processing of Data for the Purpose of Order Handling
- Schufa Holding
Should we make advance payments (e.g. delivery on account), we reserve the right to carry out a credit assessment on the basis of mathematical-statistical procedures in order to maintain our legitimate interest in determining the solvency of our customers. We transfer the personal data necessary for a credit assessment to the following service provider in accordance with Art. 6 (1) point f GDPR:
SCHUFA Holding AG
Kormoranweg 5
65201 Wiesbaden
The credit report can contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on recognized scientific mathematical-statistical methods. The calculation of the score values includes, but is not limited to, address data. We use the result of the credit assessment regarding the statistical probability of non-payment for a balanced decision on the establishment, implementation or termination of the contractual relationship.
You can object to this processing of your data at any time by sending a message to the controller responsible for data processing or to the aforementioned credit agency. However, we may still be entitled to process your personal data if this is necessary for contractual payment processing.
8) Use of Videos
Use of YouTube Videos
This website uses the YouTube embedding function for display and playback of videos offered by the provider YouTube, which belongs to Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 ESW5, Ireland ("Google").
To this end, the extended data protection mode is used to ensure, according to provider information, that user information will only be stored once the playback function of the video is started. When the playback of embedded YouTube videos is started, the provider sets "YouTube" cookies in order to collect information about user behavior. According to indications from YouTube, the use of those cookies is intended, among other things, to record video statistics, to improve user-friendliness and to avoid improper actions. If you are logged in to Google, your information will be directly associated with your account when you click on a video. If you do not wish to be associated with your profile on YouTube, you must log out before activating the button. Google saves your data (even for users who are not logged in) as usage profiles and evaluates them. Such an evaluation takes place in particular according to Art. 6 (1) point f GDPR, on the basis of the legitimate interests of Google in the insertion of personalized advertising, market research and/or demand-oriented design of its website. You have the right to object to the creation of these user profiles, whereby you must contact YouTube to exercise this right. When using YouTube, personal data may also be transmitted to the servers of Google LLC. in the USA.
Regardless of whether the embedded video is played back, a connection to the Google network "double click" is established when visiting this website. This may trigger further data processing beyond our control.
Further information on YouTube's privacy policy can be found in the provider's data protection declaration at: www.google.com/policies/privacy/.
To the extent required by law, we have obtained your consent to the processing of your data as described in accordance with Art. 6 (1) point a GDPR. You can withdraw your consent at any time with effect for the future. In order to exercise your right of withdrawal, please follow the procedure described above.
9) Online-Marketing
9.1 Facebook pixels for creating custom audiences (with Cookie Consent Tool)
Within our online offer, the so-called "Facebook pixel" of the social network Facebook is applied. It is operated by Meta Platforms Ireland Limited, 4 Grand Canal Quay, Square, Dublin 2, Ireland (hereinafter "Facebook").
If a user clicks on an advertisement placed by us, which is displayed on Facebook, an addition is added to the URL of our linked page by Facebook pixels. If our page allows data to be shared with Facebook via pixels, this URL parameter is written into the user's browser via a cookie, which is set by the linked page itself. This cookie is then read by Facebook Pixel and enables the data to be forwarded to Facebook.
With the help of the Facebook pixel, Facebook is able to determine visitors of our online offer as a target group for the presentation of ads (so-called "Facebook ads"). Accordingly, the Facebook pixel to display Facebook ads placed by us will be presented only to Facebook users who have shown an interest in our online offer or who demonstrate certain characteristics (e.g., interest in certain topics or products determined by means of the websites visited) which we will transmit to Facebook (so-called "custom audiences"). When using Facebook pixels, we also want to ensure that our Facebook ads match the potential interest of users and are not annoying. This allows us to evaluate the effectiveness of Facebook ads for statistical and market research purposes by tracking whether users were forwarded to our website after clicking on a Facebook ad ("conversion").
The collected data is anonymous and does not provide us with any information about the user’s identity. However, the data is stored and processed by Facebook to enable a connection to the respective user profile and to allow Facebook to use the data for its own advertising purposes in accordance with the Facebook Data Usage Guidelines (https://www.facebook.com
The data processing associated with the use of the Facebook Pixel is only carried out with your express consent in accordance with Art. 6 (1) point a GDPR. You can revoke your consent at any time with effect for the future. To exercise your revocation, remove the tick next to the setting for the "Facebook Pixel" in the "Cookie Consent Tool" embedded on the website.
9.2 Google AdSense
This website uses Google AdSense, a web ad service of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 ESW5, Ireland ("Google"). Google AdSense uses so-called "DoubleClick DART Cookies". These are text files are stored on your computer and enable an analysis of your use of the website. In addition, Google AdSense also uses "web beacons" (small invisible graphics) to collect information, which can be used to record, collect and evaluate simple actions such as visitor traffic on the website. The information generated by those cookies and/or web beacons (including your IP address) about your use of this website will normally be transmitted to a server of Google and will be stored there. When using Google AdSense, personal data may also be transmitted to the servers of Google LLC. in the USA.
Google will use the information obtained in this way to analyze your usage of this website with regard to AdSense ads. The IP address transmitted by your browser as part of Google AdSense is not merged with other Google data. The information collected by Google may be transferred to third parties, if this is prescribed by law and/or if third parties process this data by request of Google.
The described processing of data takes place according to Art. 6 (1) point f GDPR, for the purpose of target-oriented advertising to the user by third parties whose advertisements are displayed on this website based on the evaluated user behavior. At the same time, such processing serves our financial interest in exploiting the economic potential of our Internet presence by displaying personalized third-party advertising content for a fee.
For more information about Google's privacy policy, please visit: https://privacy.google.com
You can permanently deactivate cookies for advertising preferences by blocking them via a respective setting of your browser software or by downloading and installing the browser plug-in, available under the following link:
https://support.google.com
Please note that certain functions of this website may not be used or may be used only to a limited extent, if you have deactivated the use of cookies.
To the extent required by law, we have obtained your consent to the processing of your data as described in accordance with Art. 6 (1) point a GDPR. You can withdraw your consent at any time with effect for the future. In order to exercise your right of withdrawal, please follow the procedure described above.
9.3 Google Ads Conversion Tracking
This website uses the online advertising program "Google Ads" and the conversion tracking within the framework of Google Ads, operated by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 ESW5, Ireland ("Google"). We use the program of Google Ads to draw attention to our attractive offers with the help of advertising materials (so-called Google Adwords) on external websites. We can determine, in relation to the advertising campaigns data, how successful the individual advertising measures are. We are interested in showing you advertisements that are of interest to you. We want to make our website more interesting for you and to achieve a fair calculation of advertising costs.
The conversion tracking cookie is set on a user’s browser, if he clicks on an ad delivered by Google. Cookies are small text files that are stored on your computer system. These cookies usually lose their validity after 30 days and are not used for personal identification. If the user visits a certain page of this website and if the cookie has not yet expired, Google and we will be able to recognize that the user clicked on the ad and was forwarded to this page. Each Google Ads customer gets a different cookie. Thus, cookies cannot be traced via the website of Google Ads customers. The information collected by the conversion cookies is used to provide aggregate conversion statistics to Google Ads customers who have opted-in for conversion tracking. Customers are informed about the total number of users who clicked on the ad and were forwarded to a conversion tracking tag page. However, they do not get any information enabling them to identify users personally.
Details on the processing operations initiated and on Google's handling of data collected from websites can be found here: https://policies.google.com
If you do not want to participate in the tracking program, you can refuse the use of this program by deactivating the Google Conversion Tracking cookie via your Internet browser through the user settings. In this case, you will not be included in the conversion tracking statistics. We use Google Ads on the basis of our legitimate interest in targeted advertising in accordance with Art. 6 (1) point f GDPR. When using Google Ads, personal data may also be transmitted to the servers of Google LLC. in the USA.
For more information about Google's privacy policy, please visit: https://privacy.google.com
You can permanently deactivate cookies for advertising preferences by blocking them via a respective setting of your browser software or by downloading and installing the browser plug-in, available under the following link:
https://support.google.com
Please note that certain functions of this website may not be used, or may be used only to a limited extent, if you have deactivated the use of cookies.
To the extent required by law, we have obtained your consent to the processing of your data as described in accordance with Art. 6 (1) point a GDPR. You can withdraw your consent at any time with effect for the future. In order to exercise your right of withdrawal, please follow the procedure described above.
9.4 Google Marketing Platform
This website uses the online marketing tool Google Marketing Platform of the operator Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("GMP").
GMP uses cookies to serve ads relevant to users, to improve campaign performance reports or to prevent a user from seeing the same ads more than once. Google uses a cookie ID to identify which ads are shown in which browser and to prevent them from being shown more than once. The processing is based on our legitimate interest in the optimal marketing of our website in accordance with Art. 6 para. 1 lit. f GDPR.
In addition, GMP can use cookie IDs to record so-called conversions that relate to ad requests. This is the case, for example, when a user sees a GMP advertisement and later, using the same browser, calls up the advertiser's website and makes a purchase via this website. According to Google, GMP cookies contain no personal information.
Due to the marketing tools used, your browser automatically establishes a direct connection with the Google server. We have no influence on the scope and further use of the data collected by Google through the use of these tools and therefore inform you as follows according to our state of knowledge: By integrating GMP, Google receives the information that you have called up the corresponding part of our website or clicked on an advertisement from us. If you are registered with a Google service, Google can allocate the visit to your account. Even if you are not registered with Google or have not logged in, it is possible that the provider will find out and save your IP address. In the context of the use of GMP, personal data may also be transmitted to the servers of Google LLC. in the USA.
If you wish to object to this tracking procedure, you can deactivate cookies for conversion tracking by setting your browser to block cookies from the domain www.googleadservices.com (see https://www.google.de
You can obtain further information about the data protection regulations of GMP by Google at the following Internet address: https://www.google.de
Insofar as legally required, we have obtained your consent for the processing of your data as described above in accordance with Art. 6 para. 1 lit. a GDPR. You can revoke your consent at any time with effect for the future. In order to exercise your revocation, please follow the above-mentioned procedure for lodging an objection.
9.5 LinkedIn Marketing Solutions
We use "LinkedIn Marketing Solutions" on our website, a service provided by LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland (hereinafter "LinkedIn"). This service enables visitors to our website to be directed to other content of their own that is likely to be of interest to them, based on their usage patterns on the LinkedIn social network. The display of this content is based on a cookie-based analysis of previous usage behaviour, but no personal data is stored. For this interest-based content determination, cookies, i.e. small text files, are stored on your computer or mobile device to collect pseudonymised data about your surfing behaviour and thus to adapt the content individually to the stored information.
Insofar as the information collected and evaluated contains personal references, processing is carried out in accordance with Art. 6 Para. 1 letter f GDPR on the basis of our legitimate interest in the display of personalised page content and in market research.
The information can be assigned to the user's person with the help of further information that LinkedIn has stored about the user, e.g. due to the ownership of an account on the social network "LinkedIn". LinkedIn uses an algorithm to analyse the surfing behaviour and can then display targeted product recommendations as personalised advertising banners on the user's LinkedIn account. LinkedIn may also combine the information collected via the cookies with other information LinkedIn has collected via other websites and/or in connection with the use of the "LinkedIn" social network, thus creating pseudonymous user profiles. Under no circumstances, however, can the information collected be used to personally identify visitors to this website.
You can prevent LinkedIn from collecting the aforementioned information by setting an opt-out cookie on one of the websites linked below:
https://www.linkedin.com
Insofar as legally required, we have obtained your consent for the processing of your data as described above in accordance with Art. 6 para. 1 lit. a GDPR. You can revoke your consent at any time with effect for the future by deactivating this service in the "Cookie Consent Tool" integrated on this website.
Further information on LinkedIn's data protection provisions can be found on the following website: https://www.linkedin.com
9.6 LinkedIn Insight
This website uses the retargeting and conversion tool of LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland. This service enables personalized advertisements on the Linkedin platform to be displayed to visitors to this website.
For this purpose, a cookie, a small text file, is set on the browser of your end device when you visit our website, which loses its validity after 120 days. If the user visits certain pages of this website and is logged into his LinkedIn account at the same time, a connection is established to the LinkedIn servers, via which interest-based advertising can be displayed on the platform. At the same time, the cookie enables anonymous reports on the performance of the advertisements on LinkedIn as well as information on website interaction to be generated, which are provided to us and LinkedIn.
The display of advertisements and the creation of statistical reports will not take place if the user is not logged in to this LinkedIn account at the same time when visiting this website.
The information obtained with the aid of the cookie never permits personal identification of the respective user.
The transmission of information is carried out in accordance with Art. 6 Para. 1 letter f GDPR on the basis of our legitimate interest in targeted advertising and the statistical evaluation of the success of product advertisements on LinkedIn and thus serves to optimize our online offering.
You can deactivate the LinkedIn Insight Tool and the display of interest-based advertising on LinkedIn by setting an opt-out cookie at the following link: https://www.linkedin.com
This opt-out cookie only works regarding this browser and only for this domain. If you delete your cookies in this browser, you must click on the above link again.
You can obtain further information on LinkedIn's data protection provisions at the following Internet address: https://www.linkedin.com
Insofar as legally required, we have obtained your consent for the processing of your data as described above in accordance with Art. 6 para. 1 lit. a GDPR. You can revoke your consent at any time with effect for the future. In case you wish to revoke your consent, please follow the procedure described above.
10) Tools and Miscellaneous
10.1 UserCentrics
This website uses the cookie consent tool of UserCentrics GmbH, Sendlinger Strasse 7,
80331 Munich, Germany ("UserCentrics"), which sets technically necessary cookies to store your cookie preferences. This data processing is carried out in accordance with Art. 6 para. 1 lit. f GDPR on the basis of our legitimate interest in the provision of a cookie consent administration service for website visitors.
10.2 - Google Web Fonts
This site uses web fonts provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google") to uniformly display fonts. When you call up a page, your browser loads the required web fonts into its browser cache to display texts and fonts correctly.
To do this, the browser you are using must have a connection to Google's servers. When using Google Maps, personal data may also be transmitted to the servers of Google LLC. in the USA. In this way, Google will be informed that our website has been accessed via your IP address. Google Web Fonts are used for the purpose of a uniform and attractive presentation of our online offers and its use is in our legitimate interest within the meaning of Art. 6 (1) point f GDPR. If your browser does not support web fonts, a default font is used by your computer.
Further information about Google Web Fonts can be found at https://developers.google.com
11) Rights of the Data Subject
11.1 The applicable data protection law grants you the following comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data:
- Right of access by the data subject pursuant to Art. 15 GDPR: You shall have the right to receive the following information: The personal data processed by us; the purposes of the processing; the categories of processed personal data; the recipients or categories of recipients to whom the personal data have been or will be disclosed; 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 personal data concerning the data subject or to object to such processing; the right to lodge a complaint with a supervisory authority; where the personal are not collected from the data subject, any available information as to their source; the existence of automated decision-making, including profiling 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; the appropriate safeguards pursuant to Article 46 when personal data is transferred to a third country.
- Right to rectification pursuant to Art. 16 GDPR: You have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning you and/or the right to have incomplete personal data completed which are stored by us.
- Right to erasure (“right to be forgotten”) pursuant to Art. 17 GDPR: You have the right to obtain from the controller the erasure of personal data concerning you if the conditions of Art. 17 (2) GDPR are fulfilled. However, this right will not apply for exercising the freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims.
- Right to restriction of processing pursuant to Art. 18 GDPR: You have the right to obtain from the controller restriction of processing your personal data for the following reasons: As long as the accuracy of your personal data contested by you will be verified. If you oppose the erasure of your personal data because of unlawful processing and you request the restriction of their use instead. If you require the personal data for the establishment, exercise or defense of legal claims, once we no longer need those data for the purposes of the processing. If you have objected to processing on grounds relating to your personal situation pending the verification whether our legitimate grounds override your grounds.
- Right to be informed pursuant to Art. 19 GDPR: If you have asserted the right of rectification, erasure or restriction of processing against the controller, he is obliged to communicate to each recipient to whom the personal date has been disclosed any rectification or erasure of personal data or restriction of processing, unless this proves impossible or involves disproportionate effort. You have the right to be informed about those recipients.
- Right to data portability pursuant to Art. 20 GDPR: You shall have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format or to require that those data be transmitted to another controller, where technically feasible.
- Right to withdraw a given consent pursuant to Art. 7 (3) GDPR: You have the right to withdraw your consent for the processing of personal data at any time with effect for the future. In the event of withdrawal, we will immediately erase the data concerned, unless further processing can be based on a legal basis for processing without consent. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
- Right to lodge a complaint pursuant to Art. 77 GDPR: Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
11.2 RIGHT TO OBJECT
IF, WITHIN THE FRAMEWORK OF A CONSIDERATION OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON THE GROUNDS THAT ARISE FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING REASONS WORTHY OF PROTECTION FOR PROCESSING WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA WHICH ARE USED FOR DIRECT MARKETING PURPOSES. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.
12) Duration of Storage of Personal Data
The duration of the storage of personal data is based on the respective legal basis, the purpose of processing and - if relevant – on the respective legal retention period (e.g. commercial and tax retention periods).
If personal data is processed on the basis of an express consent pursuant to Art. 6 (1) point a GDPR, this data is stored until the data subject revokes his consent.
If there are legal storage periods for data that is processed within the framework of legal or similar obligations on the basis of Art. 6 (1) point b GDPR, this data will be routinely deleted after expiry of the storage periods if it is no longer necessary for the fulfillment of the contract or the initiation of the contract and/or if we no longer have a justified interest in further storage.
When processing personal data on the basis of Art. 6 (1) point f GDPR, this data is stored until the data subject exercises his right of objection in accordance with Art. 21 (1) GDPR, unless we can provide compelling grounds for processing worthy of protection which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If personal data is processed for the purpose of direct marketing on the basis of Art. 6 (1) point f GDPR, this data is stored until the data subject exercises his right of objection pursuant to Art. 21 (2) GDPR.
Unless otherwise stated in the information contained in this declaration on specific processing situations, stored personal data will be deleted if it is no longer necessary for the purposes for which it was collected or otherwise processed.
