# GESCO AG: Privacy Statement

Data protection

Privacy Statement of GESCO AG

Preamble:

Thank you for visiting our website. Protecting the security of your data is of utmost importance to us. Our processes are set up so that only the minimum personal data is collected or processed. The following Privacy Statement clarifies which information we collect during your visit to our website and, if applicable, how parts of this information are used.

1. Name and address of the controller

The controller as defined by the General Data Protection Regulation (GDPR), other member states’ national data protection laws and other data protection regulations is:

GESCO AG Johannisberg 7 
42103 Wuppertal, Germany 
Tel: +49 (0)202 248200 
Fax: +49 (0)202 2482049 
E-mail: gesco(at)gesco.de 

Executive Board: 
Ralph Rumberg (Spokesman), 
Kerstin Müller-Kirchhofs (CFO)

Chairman of the Supervisory Board: 
Klaus Möllerfriedrich 
Company headquarters: Wuppertal, Germany

2. Name and address of the data protection officer

The controller’s data protection officer is: 

Lawyer 
Martin Wagner, LL.M. 
Certified data protection officer
Katternberger Str. 24 
42655 Solingen, Germany 
Tel: +49 (0)212 – 52088590
E-mail: gesco(at)datenschutzservice.online

3. General data processing information

3.1. Scope of personal data processing

We only collect and use personal data from our users to the extent that this is necessary to ensure the functional provision of our website and our contents and services. Personal data from our users is routinely only collected and used with the consent of the user. An exception to this applies in cases where it was not possible to obtain consent in advance for factual reasons and the data processing is authorised by legal regulations.

3.2. Legal basis for processing personal data

If we have obtained consent from the data subject for the processing of personal data, Article 6(1)(a) GDPR applies as the legal basis for processing personal data. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, Article 6(1)(b) GDPR applies as the legal basis. This also applies to processing that is necessary for the performance of pre-contractual provisions. If the processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Article 6(1)(c) GDPR applies as the legal basis. In the event that the processing of personal data is necessary to protect the vital interests of the data subject or another natural person, Article 6(1)(d) GDPR applies as the legal basis. If processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, and if the interests or fundamental rights and freedoms of the data subject do not override this interest, Article 6(1)(f) GDPR applies as the legal basis for the processing.

3.3. Erasing data and storage duration

The data subject’s personal data will be erased or blocked as soon as the reason for storing it no longer applies. Beyond that, storage can take place if it is required by European or national law in EU regulations, laws or other provisions to which the controller is subject. Data is only blocked or erased if the storage period set by the standards mentioned above expires, unless there is reason to store the data for longer for the conclusion or performance of a contract.

4. Provision of website and creation of log files

4.1. Description and scope of data processing

Every time a user visits our website, our system automatically records data and information about the computer system of the visiting user. The following data is collected in this way:

(1) Information about the type of browser and the version used

(2) The user’s operating system

(3) The user’s internet service provider

(4) The user’s IP address

(5) Date and time of access

(6) Websites that the user’s system came from to arrive on our website

(7) Websites that are called up by the user’s system via our website

The log files contain IP addresses or other data that allows it to be attributed to a user. For example, this could be the case if the link to the website that the user came from to arrive on our website or the link to the website the user switches to contains personal data. This data is also stored in our system’s log files. This data is not stored together with other personal data belonging to the user.

4.2. Legal basis for data processing

Article 6(1)(f) GDPR applies as the legal basis for the temporary storage of data and log files.

4.3. Purpose of data processing

The system needs to temporarily store the IP address to enable the user’s computer to load the website. For this reason, the user’s IP address must remain stored for the duration of the visit. It is stored in log files to guarantee the functionality of the website. The data also helps us to optimise our website and to safeguard the security of our IT systems. On a related note, the data is not analysed for marketing purposes. In this situation, our legitimate interests in processing the data are based on Article 6(1)(f) GDPR.

4.4. Storage period

Data is erased as soon as it is no longer required for the purpose for which it was collected. In the event that data is collected for the provision of the website, it will be erased when that visit has ended. In the event that data is stored in log files, it will be erased after seven days at the latest. Storage beyond this scope is possible. In that case, the IP addresses of users are deleted or modified in such a way that it is no longer possible to attribute them to the visiting client.

4.5. Right to object and erase

It is imperative that data is collected for the provision of the website and stored in log files in order for the website to operate. Consequently, there is no right to object on the part of the user.

5. Use of cookies

5.1. Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the user’s web browser or on the user’s computer system by the web browser. When a user calls up a website, a cookie can be stored on the user’s operating system. This cookie contains a distinctive string that allows the browser to be clearly identified the next time that website is visited. We use cookies to make our website more user friendly. Some elements of our website require that the visiting browser can also be identified after it changes websites. The language settings selected by you are also saved in the cookies. We also use cookies on our website that enable us to analyse user behaviour on our website. This process allows us to see how many times a website is called up. User data collected in this way is pseudonymised using technical measures. This means that it is no longer possible to assign the data to the visiting user. This data is not stored together with other personal data belonging to the user. When a user visits our website, a banner appears that informs the user of our use of cookies for analysis purposes and directs the user to this Privacy Statement. Our Privacy Statement also provides information on how to disable the storage of cookies in the browser settings. When a user visits our website, they are informed of the use of cookies for analysis purposes and consent is obtained for the processing of personal data used in this connection. Reference is also made to this Privacy Statement.

5.2. Legal basis for data processing

Article 6(1)(f) GDPR applies as the legal basis for processing personal data when cookies are used. Article 6(1)(f) GDPR applies as the legal basis for processing personal data when essential technical cookies are used. Article 6(1)(a) GDPR applies as the legal basis for processing personal data when cookies are used for analysis purposes and consent is obtained from the user.

5.3. Purpose of data processing

The purpose of using essential technical cookies is to make the website more user friendly. Some functions of our website might not be offered if cookies are not used. These functions require that the browser is also able to be recognised even after the website session has ended. We need cookies to transfer the language settings. The user data collected by essential technical cookies is not used to create user profiles. Analytical cookies are used to improve the quality of our website and its contents. We use the analytical cookies to find out how our website is used so we can continuously improve our services. In these situations, our legitimate interests in processing the personal data are based on Article 6(1)(f) GDPR.

5.4. Storage period, option to object and erase

Cookies are stored on the user’s computer and that computer transmits them to our website. This means that you, as user, have full control over the use of cookies. You can disable or restrict the transmission of cookies by changing the settings in your web browser. Any cookies already stored can be deleted at any time. You can also set this to happen automatically. If cookies are disabled for our website, this may cause certain functions not to work to their full extent.

6. Contact form and e-mail address

6.1. Description and scope of data processing

Our website includes a contact form, which can be used to contact us electronically or to request a trial version of our software. If a user makes use of this form, the data entered in the contact form is sent to us and stored. This data includes:

  • Your name
  • E-mail address
  • Your message

The following data is also stored at the time that the message is sent:

  • The user’s IP address
  • Date and time

By submitting your request, you consent to the processing of data and you are prompted to read this Privacy Statement. Alternatively, you can contact us using the e-mail address provided. In this case, your personal data transmitted with the e-mail will be stored. In this regard, this data is not forwarded to third parties. The data is only used for the processing of the communication.

6.2. Legal basis for data processing

Article 6(1)(a) GDPR applies as the legal basis for processing personal data if consent is obtained from the user. Article 6(1)(f) GDPR applies as the legal basis for processing data when data is transmitted with an e-mail. If the aim of the e-mail is to conclude a contract, Article 6(1)(b) GDPR applies as an additional legal basis for processing.

6.3. Purpose of data processing

The processing of personal data entered in the contact form is only used by us to process the contact request. If contact is made by e-mail, this also involves the legitimate interest necessary for processing the data. The other personal data processed when the e-mail is sent is used to prevent misuse of the contact form and to safeguard the security of our IT systems.

6.4. Storage period

Data is erased as soon as it is no longer required for the purpose for which it was collected. The personal data from the contact form input screen and data sent by e-mail is erased once the communication with the user has ended. The communication is considered as ended if it appears from the facts that the matter in question has been conclusively clarified. Any personal data additionally collected during the sending process will be erased at the latest after a period of seven days.

6.5. Right to object and erase

The user has the right to withdraw their consent to the processing of personal data at any time. If the user makes contact with us by e-mail, they can object to the storage of their personal data at any time. If this happens, communication cannot continue. This objection can be made at any time by e-mail or post to the controller (see above). All personal data stored during communications is erased in this case.

7. Newsletter/Information service

7.1. Description and scope of data processing

Our website offers the opportunity to subscribe to receive information free of charge. The data entered when signing up for the newsletter is transmitted to us. First and last names are transmitted voluntarily, but the e-mail address is required for you to be able to receive the newsletter in future. If you would also like to receive this information by post, you will need to include your postal address. The following data is collected during the registration process: (1) IP address of the computer used to call up the website (2) Date and time of the registration. For the data to be processed, your consent is obtained and reference is made to this Privacy Statement during the registration process. No data is forwarded to third parties in connection with the processing of data when sending out the newsletters. The data is only used for sending out the newsletters.

7.2. Legal basis for data processing

Article 6(1)(a) GDPR applies as the legal basis for processing data after the user has registered for the newsletter and consent is obtained from the user.

7.3. Purpose of data processing

The user’s e-mail address is collected in order to send out the newsletter. Other personal data is collected during the registration process to prevent misuse of the services or the e-mail address used.

7.4. Storage period

Data is erased as soon as it is no longer required for the purpose for which it was collected. The user’s e-mail address is therefore stored for as long as the subscription of the newsletter is active. The other personal data collected during the registration process is usually erased after a period of seven days.

7.5. Right to object and erase

The user can terminate the newsletter subscription at any time. Each newsletter contains an unsubscribe link for this purpose. When this happens, consent is also withdrawn concerning the storage of personal data collected during the registration process.

8. Rights of the data subject

If your personal data is being processed, you are the data subject as defined by the GDPR and you have the following rights vis-à-vis the controller:

8.1. Right to information

You can request that you receive confirmation from the controller that personal data concerning you is being processed by us. If this type of processing is confirmed, you can request the following information from the controller:

(1) The purposes of the processing for which the personal data is intended;

(2) The categories of personal data being processed;

(3) The recipients or categories of recipients to which your personal data has been disclosed or will be disclosed;

(4) The intended period for which your personal data will be stored, or if that is not possible, the criteria used to determine that storage period;

(5) The existence of a right to the rectification or erasure of your personal data, a right to the restriction of processing by the controller or to object to this processing;

(6) The right to lodge a complaint with a supervisory authority;

(7) All available information concerning the source of the data if the personal data has not been collected from the data subject;

(8) The existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) GDPR and – at least in these cases – sound information about the logic involved and the consequences and intended effects of processing of this type on the data subject.

You are also entitled to request information as to whether your personal data will be sent to a third country or international organisation. In this regard, you can request that you receive information about the appropriate safeguards under Article 46 GDPR in connection with this transfer of your personal data.

8.2. Right to rectification

You have the right to obtain from the controller the rectification of inaccurate personal data, and to have any incomplete personal data completed by the controller. The controller must rectify any inaccurate personal data without delay.

8.3. Right to restriction of processing

You have the right to request restriction of the processing of your personal data under the following conditions:

(1) The accuracy of your personal data is contested for a period enabling the controller to verify the accuracy of the personal data;

(2) The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of its use instead;

(3) The controller no longer needs the personal data for the purposes of the processing, but it is required by you for the establishment, exercise or defence of legal claims, or

(4) You objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override your own interests.

Where processing of your personal data has been restricted, such personal data may, with the exception of storage, only be processed 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 important public interest of the Union or of a Member State. If restriction of processing has been obtained pursuant to the above conditions, you shall be informed by the controller before the restriction of processing is lifted.

8.4. Right to erasure

a) Erasure obligation

You have the right to obtain from the controller the erasure of your personal data without undue delay and the controller is under an obligation to erase this personal data without undue delay where one of the following grounds applies:

(1) Your personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed.

(2) You withdraw your consent on which the processing is based according to Article 6(1)(a) or Article 9(2)(a) GDPR and there is no other legal basis for the processing.

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

(4) Your personal data has been unlawfully processed.

(5) Your personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.

(6) Your personal data has been collected in relation to the offer of information society services referred to in Article 8(1) (GDPR.

b) Informing third parties 
Where the controller has made your personal data public and is obliged pursuant to Article 17 (1) GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you as data subject have requested the erasure by such controllers of any links to, or copy or replication of, that personal data.

c) Exceptions 
The right to erasure does not apply to the extent that processing is necessary

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

(2) for compliance with a legal obligation which requires processing by 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 in accordance with Article 9(2)(h) and (i) as well as Article 9(3) GDPR;

(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR in so far as the right referred to in paragraph a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or

(5) for the establishment, exercise or defence of legal claims.

8.5. Right to notification

If you have exercised your right to obtain rectification, erasure or restriction of processing from the controller, the controller undertakes to communicate to all recipients to whom your personal data has been disclosed this rectification or erasure of data or restriction of processing, unless this proves impossible or involves disproportionate effort. You have the right to be informed by the controller about those recipients.

8.6. Right to data portability

You have the right to receive the personal data which you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transmit that data to another controller without hindrance from the controller to which the personal data has been provided, where:

(1) the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR; and

(2) the processing is carried out by automated means. 
In exercising this right, you also have the right to have your personal data transmitted directly from one controller to another controller, where technically feasible. This must not adversely affect the rights and freedoms of others. The right to data portability does not apply to 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.

8.7. Right to object

You have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data which is based on Article 6(1)(e) or (f) GDPR, including profiling based on those provisions. The controller shall no longer process your personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims. Where your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where you object to processing for direct marketing purposes, your personal data will no longer be processed for such purposes. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

8.8. Right to withdraw declaration of consent under data protection law

You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.

8.9. Automated individual decision-making, including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

(1) is necessary for entering into, or performance of, a contract between you and the controller,

(2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or

(3) is based on your explicit consent. 
However, these decisions must not be based on special categories of personal data referred to in Article 9(1) GDPR, unless Article 9(2)(a) or (g) applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place. In terms of the cases referred to in paragraphs (1) and (3), the controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express their point of view and to contest the decision.

8.10. Right to lodge a complaint with 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 habitual residence, place of work or place of the alleged infringement if you consider that the processing of your personal data infringes this GDPR. The supervisory authority with which the complaint has been lodged shall inform the complainant of the progress and the outcome of the complaint, including the possibility of a judicial remedy pursuant to Article 78 GDPR.

9. Incorporation of tracking tools

9.1. Incorporation of Google Maps

a) We use Google Maps on this website. This helps us to display interactive maps directly in the website to allow you to use the map function easily. 

b) When you visit our website, Google receives the information that you have called up the corresponding subpage of our website. The data mentioned under point 4.1 of this Statement is also transmitted. This happens irrespective of whether Google has provided a user account through which you have logged in, or whether there is no user account at all. If you are logged into Google, your data is assigned to your account directly. If you would prefer that the data is not assigned to your Google profile, you need to log out before pressing the button. Google stores your data as a user profile and uses it for the purposes of advertising, market research and/or structuring its website to meet demands. This type of analysis happens in particular for the provision of advertising to suit market needs (even for users not logged in) and to inform other users of the social network about your activities on our website. You have the right to object to the creation of this user profile, which you need to raise with Google. 

c) Further information on the purpose and scope of collecting and processing data by plugin providers can be found in the providers’ privacy policies. You can also find other information on your corresponding rights and configuration options for protecting your privacy here: http://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the US and has committed to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

9.2. Incorporation of etracker (statistics)

 

etracker

The provider of this website uses the services of etracker GmbH, Hamburg, Germany (www.etracker.com) to analyse usage data. When visitors give us their explicit consent, cookies are used, which enable the statistical analysis of the use of this website by its visitors as well as the display of usage-relevant content or advertising. Cookies are small text files that are stored by the Internet browser on the user's device. etracker cookies do not contain any information that could identify a user.

The data generated with etracker is processed and stored by etracker solely in Germany by commission of the provider of this website and is thus subject to strict German and European data protection laws and standards.In this regard, etracker was checked, certified and awarded with the ePrivacyseal data protection seal of approval.

The data processing is based on the on the legal basis of Art. 6 Section 1 lit f (consent) of the EU General Data Protection Regulation (GDPR) to optimise our online offer and our website. As the privacy of our visitors is very important to us, etracker anonymizes the IP address as early as possible and converts login or device IDs into a unique key with which, however, no connection to any specific person can be made with. etracker does not use it for any other purpose, combine it with other data or pass it on to third parties.

You can revoke your consent at any time. Your objection has no detrimental consequences for you.



Further information on data protection with etracker can be found here.