Data privacy statement according to GDPR (General Data Protection Regulation):
I. Name and contact details of the relevant authority
The relevant authority in terms of the data protection regulation and other national data protection laws of the member states as well as other data protection regulations is:
Westerwälder Blumentopf-Fabrik Spang GmbH & Co. KG
II. Name and contact details of the data protection official
The data protection official of the relevant authority is:
Florinstraße 18, 56218 Mülheim-Kärlich
III. General information on data protection
1. Extent of the processing of personal data
We collect and use personal data of our users only to the extent essential to provide a functional website as well as its contents and services. The collection and use of any personal data of our users occurs only after consent of the user. An exception applies in those cases where a prior assent is not possible and according to statutory provisions the processing of the data is legal.
2. Statutory Clause for the processing of personal data
If we obtain an agreement for the collection of personal data of the person concerned, the statutory clause Art. 6 Abs. 1 lit. a EU-Datenschutzgrundverordnung (DSGVO) applies.
For the processing of personal data which is required in compliance with a contract, of which the concerned person is a party, Art. 6 Abs. 1 lit. b DSGVO serves as the statutory clause. This also applies for processes which are required for precedent measures of a contract.
If personal data is required in compliance with a legal obligation applicable to our company, Art. 6 Abs. 1 lit. c DSGVO serves as statutory clause.
In case that vital interests of persons concerned or another individual person require the processing of personal data, acts Art. 6 Abs. 1 lit. d DSGVO applies as the statutory clause.
If the processing is required to observe a legitimate interest of our company or a third party and if the interests, basic rights and fundamental freedom of the concerned person do not outweigh the former, Art. 6 Abs. 1 lit. f DSGVO serves as statutory clause for the processing.
3. Data erasure and storage period
The personal data of the concerned person will be deleted or blocked as soon as the purpose of the storage becomes omitted. Storage may occur beyond that if required by European or national decrees, laws, or other provisions which are applicable to the party responsible. The data will also be blocked or deleted if the storage period required by the afore-mentioned laws expires, unless the continued storage of this data is necessary for the conclusion or execution of a contract.
a) Description and amount of data processing
(1) Language settings
(2) Log-In information
b) Legal basis for the processing of data
The legal basis for the processing of personal data using cookies is Art. 6 Abs. 1 lit. f DSGVO.
c) Purpose of the processing of data
Purpose of the technically required cookies is to simplify the use of websites for the user. Some functions of our website cannot be offered without cookies. For these it is essential that the browser will be recognized after changing the website. We require cookies for the following applications:
(1) Take-over of language settings
(2) Memorization of search keys
The user data collected by technically required cookies will not be used to create user profiles. In this purpose is also our legitimate interest in the processing of personal data according to Art. 6 Abs. 1 lit. f DSGVO.
d) Storage period, objection and disposal options
V. Provision of the website and creation of log files
1. Description and amount of data processing
With each call of our website, our system automatically collects data and information of the computer system of the calling computer.
The following data will be collected:
(1) information of the browser type and version
(2) the system software of the user
(3) the web service provider of the user
(4) the IP address of the user
(5) date and time of access
(6) websites from which the system of the user enters our website
(7) websites which are accessed by the user’s system from our website
The data will be stored in log files in our system. The storage of this data does not concur with personal data of the user.
2. Statutory Clause for the processing of data
Statutory clause for the temporary storage of the data and log files is Art. 6 Abs. 1 lit. f DSGVO
3. Purpose of the data processing
The temporary storage of the IP address is necessary to allow the transfer of the website to the computer of the user. For this the IP address of the user needs to be stored for the period of the session.
The storage of the log files ensures the functional capability of the website. The data is also necessary to optimize the website and prove the security of our IT systems.
The data will not be evaluated for marketing purposes. In this purpose is also our legitimate interest of the data processing according to Art. 6 Abs. 1 lit. f DSGVO.
4. Period of storage
The data will be deleted as soon as they are no longer necessary for the purpose of their collection. In case of data collection for the provision of the website this applies as soon as the respective session is ended.
If the data has been stored in log files this applies after seven days at latest. An exceeding storage period is possible. In this case the IP address of the user will be deleted or alienated so the mapping of the calling clients will not be possible.
5. Objection and disposal options
The collection of data for the provision of the website and the storage in log files is inevitable for the operation of the website. Therefore it is not possible for the user to object.
VI. Contact form and e-mail contact.
1. Description and amount of data processing
Our website includes a contact form which may be used for electronic approach. If the user applies this contact sheet, the data completed in this form will be transmitted and stored to our server. The stored data is equivalent to the contact form.
• Your name (Mandatory)
• Your e-mail address (Mandatory)
• Your phone number (Mandatory)
• Your ZIP code
• Your City
• Your message
Once the message is transmitted the following data will stored:
(1) IP address of the user
(2) date and time of registration
An agreement to the processing of the data as well as a link to this data privacy statement is requested when sending the completed form.
As alternative we may be approached by the provided e-mail address. In this case the personal data provided in the e-mail will be stored.
The data will not be disclosed to third parties. The data will be exclusively used for the processing of the conversation.
2. Statutory clause for the data processing
Statutory clause for the processing of data with agreement of the user is Art. 6 Abs. 1 lit. a DSGVO.
Statutory clause for the processing of data which are transferred with sending an e-mail is Art. 6 Abs. 1 lit. f DSGVO. Is the e-mail contact initiated to conclude a contract, applies an additional statutory clause Art. 6 Abs. 1 lit. b DSGVO.
3. Purpose of the data processing
Purpose of the collection of personal data from the entry mask is only to process the establishing contacts. In case of a contact by e-mail this is also the required legitimate interest in processing this data.
Other collected personal data during the sending are required to avoid misuse of the contact form and provide the security of our IT systems.
4. Period of storage
The data will be deleted as soon as they are no longer necessary to achieve their purpose. For personal data of the entry mask of the contact form and those sent by e-mail this is the case when the individual conversation with the user has ended. The conversation has ended when the circumstances imply that the concerned matter has been finalized.
The additional personal data collected during sending of the form will be deleted after a period of seven days at latest.
5. Objection and disposal options
The user may at any time revoke his assent to the processing of personal data. If the user contacts us by e-mail, he may at any time object to the collection of his personal data. In such a case the conversation cannot be continued.
Address the revocation to firstname.lastname@example.org via e-mail.
In this case, any personal data which may have been collected in the course of the contacting will be deleted.
VII. Google Maps
This website uses Google Maps to present interactive maps and generate directions. Google Maps is a map service from Google Inc., 1600 Amphitheatre Parkway, Mountain View, California 94043, USA. By using Google Maps information of the usage of this website including your IP address as well as the entered starting address if using the route planner function may be transmitted to Google USA. If you access a website of our web presence which contains Google Maps, your browser will connect directly to the Google servers. The map contents will be transmitted directly from Google to your browser and be integrated into the website by your browser. Therefore we have no control on the volume of collected data by Google. According to our knowledge it is the following data:
• date and time of the visit of the relevant website
• web address or URL of the called website
• IP address, in the context of route planning used (start) address
The further processing and use of the data by Google is beyond our bearing and therefore we cannot accept responsibility for this.
For the purpose and amount of the data collection and the further processing and use of the data by Google as well as your rights and possible settings for your privacy protection, please check the privacy data statement of Google (https://policies.google.com/privacy?hl=de). By use of our website you agree to the previously described collection and processing of your personal data by Google Maps route planner.
VIII. Right of the aggrieved party
If your personal data is being processed, you are an aggrieved party in terms of DSGVO and you have the lawful rights against the party responsible:
1. Right of access
You may demand a confirmation from the party responsible if any personal data concerning your person have been processed by us.
If such a processing of personal data applies, you may demand information on the following of the party responsible:
(1) Purpose of the personal data being processed
(2) categories of personal data being processed
(3) recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed
(4) planned period of storage of your personal data or, if precise indication is not possible, criteria for the determination of the storage period
(5) the right of correction or disposal of the your personal data, right of limitation of the processing by the party responsible or right of objection to the processing by the party responsible.
(6) the existence of a right of legal remedy at the inspecting authority
(7) any available information on the origin of the personal data, if the data was not collected from the concerned person himself
(8) the existence of an automated decision-making including profiling according to Art. 22 Abs. 1 and 4 DSGVO and – at least in such cases – significant information on the involved logic as we as range and intended impact of such a processing for the person concerned.
You have the right to demand information if your personal data will be transmitted to a third party country or an international organization. In this case you may demand to be informed of the applicable guarantees according to Art. 46 DSGVO with regards to the transmission.
2. Right for correction
You have right to correction and / or completion of your personal data collected if those are untrue or incomplete. The party responsible has to correct the data immediately.
3. Right of limitation of the processing
The following premises allow you to demand a limitation of the processing of your personal data:
(1) if you dispute the correctness of your personal data for a period which allows the party responsible to verify the correctness of your data
(2) if the processing is not rightful and you object to the deletion of your personal data and instead demand a limited use of your personal data
(3) the party responsible no longer requires your personal data for the purpose of processing, you however need the data for enforcement, exertion or defense of your legal rights
(4) if you objected to the processing of your data according to Art. 21 Abs. 1 DSGVO and it is not determined yet if your legitimate reasons outweigh the reason of the responsible party.
If the processing of your personal data has been limited, the data may – apart from being stored – only be processed with your consent or for the enforcement, exertion or defense of the legal rights of an individual or juristic person or for reasons of an important public interest of the Union or a member state.
If the processing has been limited according to the previously mentioned premises, the party responsible will inform you before suspending the limitation.
4. Right of disposal
a) Obligation to delete
You may demand of the party responsible to delete your personal data immediately, and the person responsible is obliged to delete this data immediately if one of the following reasons applies:
(1) Your personal data is no longer necessary for the purpose for which it was collected or otherwise processed
(2) you revoke your assent on which the processing was based according to Art. 6 Abs. 1 lit. a or Art. 90 Abs. 2 lit. a DSGVO and there is no other legal cause for the processing.
(3) you object to the processing according to Art. 21 Abs. 1 DSGVO and there are no other prior legitimate reasons for the processing or you object to the processing according to Art. 21 Abs. 2 DSGVO.
(4) your personal data has been illegally processed.
(5) the deletion of your personal data is necessary to follow a legal obligation of the law of the Union or a the law of the member states
(6) your personal data has been collected in regards to offered services of the information society according to Art. 8 Abs. 1 DSGVO.
b) Information to third parties
If the responsible party has published your personal data and is obliged according to Art. 17 Abs. 1 DSGVO to delete this data, he will – with regards to the available technology and implementation cost – meet appropriate measures, also technically, to inform the party responsible for the processing of the personal data that you have demanded deletion of, any links to this personal data, or copies or replications thereof.
The right of deletion does not apply, as far as the processing is necessary
(1) for the exertion of a right of free speech and information
(2) for the exertion of a lawful obligation which requires the processing of the data according to a law of the Union or member states which apply to the party responsible or to observe a task which is of public interest or partial to public authority which was assigned to the person responsible
(3) for reasons of public interest in terms of public health according to Art. 9 Abs. 2 lit. h and i as well as Art. 9 Abs. 3 DSGVO
(4) for archiving purposes of public interest, scientific or historic research or statistic purposes according to Art. 89 Abs. 1 DSGVO, if the mentioned right of section a) does not likely render the achievement of these purposes impossible or significantly compromises these, or
(5) for the enforcement, exertion or defense of the legitimate claim.
5. Right of information
If you have claimed your right of correction, deletion or limitation of the processing of your data to the relevant authority, is said authority obliged to inform any recipients of your personal data of this correction, deletion or limitation of the processing of your data, unless this is proven impossible or only possible with unreasonable efforts. You have the right to be informed of these recipients by the relevant authority.
6. Right of data transferability
You have the right to receive the data provided by you to the party responsible in a structured, current and machine-readable format. You further have the right to transfer your personal data provided for the party responsible to another party responsible without obstruction of the third party if
(1) the processing is based on an assent according to Art. 6 Abs. 1 lit. a DSGVO or Art. 9 Abs. 2 lit. a DSGVO or based on a contract according to Art. 6 Abs. 1 lit. b DSGVO and
(2) the processing is based on automatic systems.
In exertion of this right you also have the right to request the transmittance of your personal data from the responsible party directly to another responsible party if this is technically possible. The freedom and rights of other persons may not be impaired by this.
The right of data transferability does not apply to the processing of personal data which is necessary to comply with a task of public interest or during exertion of a task of public authority which was assigned to the person responsible
7. Right of Objection
You have right to object any time to the processing of your personal data based on Art. 6 Abs. 1 lit e or f DSGVO for reasons of your personal situation – this also applies to profiling based on this regulation.
The party responsible will no longer process your personal data unless he can provide mandatory, protection worthy reasons for the processing which outweigh your interest, rights and freedom, or the processing serves the enforcement, exertion or protection of legal claims.
If your personal data is being processed for direct marketing you may object at any time against the processing of your data for such purposes, this also applies to the profiling if it is connected to direct marketing.
If you object to the processing for the purpose of direct marketing, your personal data will not be used for this purpose.
You have the option, in connection with the use of services of the information society – regardless of guideline 2002/58/EG – to make use of your right of withdrawal with automatic procedures which use technical specifications.
8. Right of withdrawal of the declaration of consent to data protection regulations
You have the right to withdraw your declaration of consent to the data protection regulations at any time. The withdrawal does not affect the legitimacy of the processing of the data from consent until withdrawal. You have the right to not be subject of a processing, including profiling, based only on an automated processing which may have legal impact or may considerably impair you in a similar way. This does not apply if the decision
9. Automated decision in individual cases including profiling
(1) is necessary for the agreement and compliance of a contract between you and the relevant authority.
(2) is allowed because of statutory provisions of the Union or member states, which apply to the relevant authority and these statutory provisions contain appropriate measures to respect your rights and freedom as well as your legitimate interest or
(3) occurs with your explicit consent.
These decisions may however not base on special categories of personal data according to Art. 9 Abs. 1 DSGVO, as far as Art. 9 Abs. 2 lit a or g DSGVO does not apply and appropriate measures to protect the right and freedom as well as legitimate interests were taken.
Regarding the cases described in (1) and (3), the relevant authority will take appropriate measures to ensure the right and freedom as well as the legitimate interests which includes at least the right to obtain the intervention of a person on behalf of the relevant authority, the right to present the own point of view and the right to appeal against the decision.
10. Right to appeal at inspecting authority
Notwithstanding any otherwise administrative sanctions or judicial remedies, you have the right to appeal at an inspecting authority, especially in the member state of your inhabitancy, your work place or the place of the alleged infringement if you are under the impression that the processing of your personal data offends the DSGVO.
The inspecting authority to which the complaint has been filed informs the complainant about the status and result of the complaint including the possibility of judicial remedies according to Art. 78 DSGVO.
The regional representative for data protection and freedom of information Rhineland Palatinate:
Prof. Dr. Dieter Kugelmann
Hintere Bleiche 34
Telefon: +49 06131 208-2449
Telefax: +49 06131 208-2497