This privacy statement informs you about the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the associated websites, functions and contents as well as external online presences, e.g. our social media profile (hereinafter commonly referred to as “online offer”). With regard to the terms used, such as “processing” or “person responsible”, we refer to the definitions in sect. 4 of the General Data Protection Regulation (GDPR).
Person in Charge
Höcherl & Hackl GmbH
Phone: +49 9963 94301-0
Sales tax identification number: DE131453622
Commercial register no.: HR B 10284
Place of jurisdiction: District Court Straubing
Managing directors: Dipl.Ing. (FH) Helmut Höcherl, Johann Hackl
Data protection officer: firstname.lastname@example.org
Types of Data Processed
- Inventory data (e.g. names, addresses)
- Contact details (e.g. e-mail, telephone numbers)
- Content data (e.g. text input, photographs, videos)
- Usage data (e.g. visited websites, interest in content, access times)
- Meta/communication data (e.g. device information, IP addresses)
Categories of Persons Concerned
Visitors and users of the online offer (hereinafter referred to as “users”).
Purpose of Processing
- Provision of the online offer, its functions and contents
- Answer contact requests and communicate with users
- Security measures
- Range measurement/marketing
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more special features that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
“Processing” means any operation or series of operations carried out with or without the aid of automated procedures in connection with personal data. The term is wide-ranging and covers practically every handling of data.
“Pseudonomization” means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
“Profiling” means any automated processing of personal data consisting in the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyses or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, behavior, location or relocation of that natural person.
“Responsible” means the natural or legal person, authority, institution or other body that alone or together with others decides on the purposes and means of processing personal data.
“Processor” means a natural or legal person, authority, institution or other body processing personal data on behalf of the controller.
Applicable Legal Bases
In accordance with sect. 13 GDPR, we inform you of the legal basis of our data processing. If the legal basis is not mentioned in the privacy statement, the following applies: The legal basis for obtaining consents is sect. 6 para. 1 letter a and sect. 7 GDPR, the legal basis for processing for the performance of our services and performance of contractual measures as well as for answering inquiries is sect. 6 para. 1 letter b GDPR, the legal basis for processing to fulfill our legal obligations is sect. 6 para. 1 letter c GDPR, and the legal basis for processing to protect our legitimate interests is sect. 6 para. 1 letter f GDPR. In the event that the vital interests of the data subject or another natural person require the processing of personal data, sect. 6 para.1 letter d GDPR serves as the legal basis.
We take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, implementation costs and the nature, scope, circumstances and purposes of processing as well as the different probability of occurrence and severity of the risk to the rights and freedoms of natural persons, in accordance with sect. 32 GDPR.
Such measures shall in particular include ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, transmission, security of availability and its separation. Furthermore, we have established procedures to ensure the exercise of rights of data subjects, deletion of data and reaction to endangerment of data. Furthermore, we already consider the protection of personal data during the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly presetting (sect. 25 GDPR).
Cooperation with Processors and Third Parties
If we disclose data to other persons and companies (processors or third parties) within the scope of our processing, transmit it to them or otherwise grant them access to the data, this shall only take place on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as payment service providers, in accordance with sect. 6 para. 1 letter b GDPR for contract fulfillment is necessary), if you have consented, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties with the processing of data on the basis of a so-called “processing contract”, this is done on the basis of sect. 28 GDPR.
Transfer to Third Countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of the use of third-party services or disclosure or transfer of data to third parties, this only takes place if it occurs for the fulfillment of our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or leave the data in a third country only if the special requirements of sect. 44 ff. process GDPR. This means, for example, processing is carried out on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU (e.g. for the USA by the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
Rights of Data Subjects
You have the right to request confirmation as to whether the data concerned are being processed and to request information about these data as well as further information and a copy of the data in accordance with sect. 15 GDPR.
In accordance with sect.16 GDPR, you have the right to request the completion of data concerning you or the correction of inaccurate data concerning you.
In accordance with sect. 17 GDPR, you have the right to demand that relevant data be deleted immediately or, alternatively, to demand a restriction on the processing of the data in accordance with sect. 18 GDPR.
You have the right to request that the data concerning you that you have provided to us be received in accordance with sect. 20 GDPR and to request its transmission to other persons responsible.
In accordance with sect. 77 GDPR, you also have the right to file a complaint with the competent supervisory authority.
Right of Revocation
You have the right to revoke consents granted pursuant to sect. 7 para. 3 GDPR with future effect.
Right of Objection
You can object to the future processing of the data concerning you in accordance with sect. 21 GDPR at any time. The objection may be lodged in particular against processing for direct marketing purposes.
Cookies and Right of Objection in Direct Advertising
“Cookies” are small files that are stored on the user’s computer. Different data can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his or her visit to an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, for example, the content of a shopping basket in an online shop or a login status can be stored. Cookies are referred to as “permanent” or “persistent” and remain stored even after the browser is closed. For example, the login status can be saved when users visit it after several days. Likewise, the interests of users used for range measurement or marketing purposes may be stored in such a cookie. “Third-party cookies” are cookies that are offered by providers other than the person responsible for operating the online offer (otherwise, if they are only its cookies, they are referred to as “first-party cookies”).
We may use temporary and permanent cookies and clarify this within our privacy statement.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
Consent with Borlabs Cookie
Our website uses the Borlabs consent technology to obtain your consent to the storage of certain cookies in your browser or for the use of certain technologies and for their data privacy protection compliant documentation. The provider of this technology is Borlabs GmbH, Rübenkamp 32, 22305 Hamburg, Germany (hereinafter referred to as Borlabs).
Whenever you visit our website, a Borlabs cookie will be stored in your browser, which archives any declarations or revocations of consent you have entered. These data are not shared with the provider of the Borlabs technology.
The recorded data shall remain archived until you ask us to eradicate them, delete the Borlabs cookie on your own or the purpose of storing the data no longer exists. This shall be without prejudice to any retention obligations mandated by law. To review the details of Borlabs’ data processing policies, please visit https://de.borlabs.io/kb/welche-daten-speichert-borlabs-cookie/.
Deletion of Data
The data processed by us will be deleted or their processing restricted in accordance with sect. 17 and 18 GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory storage obligations. If the data are not deleted because they are necessary for other and legally permissible purposes, their processing is restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.
According to legal requirements in Germany, the storage is carried out in particular for 10 years in accordance with sect. 147 para. 1 AO, 257 para. 1 nos. 1 and 4, para. 4 HGB (books, records, management reports, accounting documents, trading books, documents relevant for taxation, etc.) and 6 years in accordance with sect. 257 para. 1 nos. 2 and 3, para. 4 HGB (commercial letters).
In accordance with legal requirements in Austria, storage is carried out in particular for 7 years in accordance with sect. 132 para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services which are provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
We process the data of our contractual partners and interested parties as well as other ordering parties, customers, mandators, clients or contractual partners (uniformly referred to as “contractual partners”) in accordance with sect. 6 para. 1 letter b. GDPR to provide our contractual or pre-contractual services to them. The data processed here, the type, scope and purpose and the necessity of their processing are determined by the underlying contractual relationship.
The processed data includes the master data of our contractual partners (e.g. names and addresses), contact data (e.g. e-mail addresses and phone numbers) as well as contract data (e.g. services used, contract contents, contractual communication, names of contact persons) and payment data (e.g. bank details, payment history).
We do not process special categories of personal data, unless they are part of a commissioned or contractual processing.
We process data which are necessary to justify and fulfill the contractual services and point out the necessity of their disclosure, unless this is evident for the contractual partners. Disclosure to external persons or companies is only made if it is required within the framework of a contract. When processing the data provided to us within the scope of an order, we act in accordance with the instructions of the customer and the legal requirements.
When using our online services, we may store the IP address and the time of the respective user action. This data is stored on the basis of our legitimate interests as well as the users’ interests in the protection against misuse and other unauthorized use. As a matter of principle, this data will not be passed on to third parties, unless it is necessary to pursue our claims pursuant to sect. 6 para. 1 letter f. GDPR is required or there is a legal obligation in accordance with sect. 6 para. 1 letter c. GDPR.
The data will be deleted when the data is no longer required to fulfill contractual or statutory duties of care or to deal with any warranty or comparable obligations, whereby the necessity of storing the data is checked every three years; in all other respects, the statutory duties of storage apply.
Administration, Financial Accounting, Office Organization, Contact Management
We process data within the framework of administrative tasks as well as the organization of our company, financial accounting and compliance with legal obligations, e.g. archiving. We process the same data that we process in the course of providing our contractual services. The processing bases are sect. 6 para. 1 letter c. GDPR, sect. 6 para. 1 letter f. GDPR. Customers, prospects, business partners and website visitors are affected by the processing. The purpose and our interest in the processing lies in the administration, financial accounting, office organization, archiving of data, thus tasks which serve the maintenance of our business activities, perception of our tasks and provision of our services. The deletion of the data with regard to contractual services and contractual communication corresponds to the information provided in these processing activities.
We disclose or transmit data to the tax authorities, consultants, such as tax consultants or auditors, as well as other fee offices and payment service providers.
Furthermore, we store information on suppliers, event organizers and other business partners on the basis of our business interests, e.g. for the purpose of making contact at a later date. We store this data, which is mainly company-related, permanently.
Business Analyses and Market Research
In order to operate our business economically, to be able to recognize market tendencies, wishes of the contracting parties and users, we analyze the data available to us to business processes, contracts, inquiries, etc. We process inventory data, communication data, contract data, payment data, usage data, and meta data on the basis of sect. 6 par. 1 letter f. GDPR, whereby the persons concerned include contractual partners, interested parties, customers, visitors and users of our online offer.
The analyses are carried out for the purpose of economic evaluations, marketing and market research. We can take into account the profiles of registered users with information, e.g. on the services they have used. The analyses serve us to increase the user-friendliness, the optimization of our offer and the economic efficiency. The analyses serve us alone and are not disclosed externally, unless they are anonymous analyses with aggregated values.
If these analyses or profiles are personal, they will be deleted or made anonymous upon termination of the user, otherwise after two years from the conclusion of the contract. For the rest, macroeconomic analyses and general trend determinations are prepared anonymously wherever possible.
Data Protection Information in the Application Process
We process the applicant data only for the purpose and in the context of the application procedure in accordance with the legal requirements. The processing of the applicant data takes place in order to fulfill our (pre)contractual obligations in the context of the application procedure within the meaning of sect. 6 para. 1 letter b. GDPR sect. 6 para. 1 letter f. GDPR if data processing becomes necessary for us, e.g. within the framework of legal procedures (in Germany sect. 26 BDSG additionally applies).
The application procedure requires that applicants provide us with their data. If we offer an online form, the necessary applicant data are marked, otherwise result from the job descriptions and generally include personal data, postal and contact addresses and the documents belonging to the application, such as cover letter, curriculum vitae and certificates. In addition, applicants may voluntarily provide us with additional information.
By submitting the application to us, applicants agree to the processing of their data for the purposes of the application procedure in accordance with the type and scope set out in this data protection declaration.
Insofar as special categories of personal data within the meaning of sect 9 para. 1 GDPR are voluntarily communicated within the scope of the application procedure, they are additionally processed in accordance with sect. 9 para. 2 letter b GDPR (e.g. health data, e.g. severely disabled status or ethnic origin). If special categories of personal data within the meaning of sect. 9 para. 1 GDPR are requested from applicants during the application procedure, they are additionally processed in accordance with sect. 9 para. 2 letter a GDPR (e.g. health data, if these are required for the exercise of the profession).
If made available, applicants can send us their applications via an online form on our website. The data is encrypted and transmitted to us according to the state of the art.
Applicants can also send us their applications by e-mail. Please note, however, that e-mails are generally not sent in encrypted form and that the applicants themselves must ensure that they are encrypted. We cannot therefore accept any responsibility for the transmission of the application between the sender and receipt on our server and therefore recommend that you use an online form or the postal dispatch. Instead of using the online application form and e-mail, applicants can still send us their application by mail.
If the application is successful, the data provided by the applicants can be further processed by us for the purpose of employment. Otherwise, if the application for a job offer is not successful, the applicants’ data will be deleted. Applicants’ data will also be deleted if an application is withdrawn, which the applicants are entitled to do at any time.
The deletion will take place after a period of six months, subject to a justified revocation by the applicant, so that we can answer any follow-up questions to the application and meet our obligations under the Equal Treatment Act. Invoices for any reimbursement of travel expenses are archived in accordance with tax regulations.
As part of the application, we offer applicants the opportunity to be included in our “talent pool” for a period of one year on the basis of consent within the meaning of sect. 6 para. 1 letter b and sect. 7 GDPR.
The application documents in the talent pool will only be processed in the context of future job advertisements and the search for employees and will be destroyed at the latest on expiry of the deadline. Applicants are informed that their consent to inclusion in the talent pool is voluntary, has no influence on the current application procedure and they can revoke this consent at any time for the future and declare their objection within the meaning of sect. 21 GDPR.
When contacting us (e.g. via contact form, e-mail, telephone or social media), the user’s details are processed for processing the contact enquiry and it’s processing in accordance with sect. 6 para. 1 letter b) GDPR. User information can be stored in a customer relationship management system (“CRM system”) or comparable request organization.
We delete the requests if they are no longer necessary. We review this requirement every two years; the statutory archiving obligations also apply.
The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services that we use for the purpose of operating this online offering.
We or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer according to sect. 6 para. 1 letter f GDPR in conjunction with. sect. 28 GDPR (conclusion of order processing contract).
Collection of Access Data and Log Files
We, or our hosting provider, collect the following data on the basis of our legitimate interests within the meaning of sect. 6 para. 1 letter f GDPR data on each access to the server on which this service is located (so-called server log files). Access data includes the name of the accessed website, file, date and time of access, transferred data volume, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Log file information is stored for a maximum of 7 days for security reasons (e.g. to investigate misuse or fraud) and then deleted. Data whose further storage is required for evidentiary purposes are excluded from deletion until the respective incident has been finally clarified.
Google Tag Manager
We use the Google Tag Manager. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland
The Google Tag Manager is a tool that allows us to integrate tracking or statistical tools and other technologies on our website. The Google Tag Manager itself does not create any user profiles, does not store cookies, and does not carry out any independent analyses. It only manages and runs the tools integrated via it. However, the Google Tag Manager does collect your IP address, which may also be transferred to Google’s parent company in the United States.
The Google Tag Manager is used on the basis of Art. 6(1)(f) GDPR. The website operator has a legitimate interest in the quick and uncomplicated integration and administration of various tools on his website. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.
Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active ).
Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services associated with the use of this online offer and the use of the Internet. Pseudonymous user profiles can be created from the processed data.
We use Google Analytics only with IP anonymization enabled. This means that Google will reduce the IP address of users within member states of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.
The IP address transmitted by the user’s browser is not merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent Google from collecting the data generated by the cookie and relating to their use of the online offer and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en .
Further information on data use by Google, possible settings and objections can be found in Google’s data protection declaration (https://policies.google.com/technologies/ads ) and in the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated ).
Users’ personal data will be deleted or made anonymous after 14 months.
Use of the Remarketing or “Similar Target Groups” Function of Google Inc.
On our website, we use the remarketing or “similar target groups” function of Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”). This function serves the purpose of analyzing visitor behavior and visitor interests.
Your data may also be transferred to the USA. An adequacy decision of the European Commission is available for data transfers to the USA.
The processing is carried out on the basis of sect. 6 para.1 letter f GDPR for the legitimate interest of targeting visitors to the website with advertising by displaying personalized, interest-based advertising ads for visitors to the provider’s website when they visit other websites in the Google Display Network.
You have the right to object at any time to this processing of personal data concerning you based on sect. 6 para.1 letter f GDPR for reasons arising from your particular situation.
Font Awesome (local embedding)
This site uses so-called web fonts provided by Font Awesome for the uniform display of fonts and symbols. The fonts are installed locally. A connection to servers of Fonts Awesome does not take place.
If you would like to receive the newsletter offered on the website, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter. Further data is not collected or only on a voluntary basis. For the handling of the newsletter, we use newsletter service providers, which are described below.
We do not use any external service provider for our newsletter handling. The Microsoft Exchange Server of our mailing is hosted locally. The MailPoet plug-in is used to create recipient lists and manage the mailing. There is no transmission to external servers.
Data Transmission to Our Sales Partners
If you send us enquiries via our H&H online shop using the contact form, your details from the enquiry form, including the contact data you provided there, will be forwarded to our sales partner and stored there for the purpose of processing the enquiry and in the event of follow-up questions. These data will not be passed on to our sales partner responsible for your country without your permission. This processor is contractually obliged to comply with the data protection regulations of H&H.
With your permission, we will transfer your data within the framework of order processing in accordance with sect. 28 GDPR to our sales partner responsible for you, who will take care of your enquiry and the further course of the business process.
Data will only be transferred to third countries (outside the EU) if you are in a third country yourself and the sales partner responsible for you is also in a third country.
The processing of the data entered in the contact form is therefore carried out exclusively on the basis of your permission (sect. 6 para. 1 letter a GDPR). You can withdraw this consent at any time by contacting our sales partner. An informal notification by e-mail is sufficient for this purpose. The legality of the data processing operations carried out until withdrawal remains unaffected by the withdrawal.
With your agreement to the request for quotation, you agree to the transfer of data for the above-mentioned purpose.