Data information

INFORMATION ABOUT THE HANDLING OF YOUR DATA ON OUR WEBSITE

Obligations of the General Data Protection Regulation (GDPR)

 

1. PRELIMINARY REMARK

The following points will provide you with information about your data. The legislator has determined the necessary information.

For any further information, please read article 12 to 22 and 34 of the GDPR. The full text is available at gdpr-info.eu. For any further questions regarding the GDPR, feel free to contact the data protection officer at any time.

 

2.  WHAT IS PERSONAL DATA?

Personal data means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

 

3. BASIC INFORMATION

3.1 Who is responsible for processing my personal data?

SCHMITZ-Leuchten GmbH & Co. KG

Niedereimerfeld 29

D 59823 Arnsberg

Tel. +49 2932 96770

E-Mail: datenschutz@schmitz-leuchten.de

 

3.2 How can I contact your company?

contact person: Mrs. Vera Metten

e-mail: datenschutz@schmitz-leuchten.de

 

3.3 Which authority is responsible for controlling and compliance with the GDPR?

State Data Protection and Freedom-of-Information of NorthRhine-Westphalia (NRW)

Kavalleriestr. 2-4, 40213 Düsseldorf

Tel.: +49 211 38424-0

e-mail: poststelle@ldi.nrw.de

 

3.4 How can I contact the State Data Protection and Freedom-of-Information Officer?

The Data Protection Officer for our company is Mr. Karl-Uwe Lüllemann.

Contact address:

SK-Consulting Group GmbH

Osterweg 2, 32549 Bad Oeynhausen

e-mail: datenschutz@schmitz-leuchten.de

 

4. FURTHER IMPORTANT INFORMATION

4.1 Why does the company process my data and what is the source of the data?

We process the data to

• make the content of our webpage available for you

• optimize our webpage

• communicate with you in case you have a request

• provide you with interesting information about our products and our company

 

4.2 Which data will be collected of those I have not provide directly?

To optimize our website we use the data which is transmitted by your browser, “Cookies” and other tracking tools e.g. Matomo (formerly Piwik), Google analytics, etc. or plugins (Facebook, Instagram, Twitter, etc.).

• IP address

• referrer URL (previously visited website)

• browser type and browser version

• utilized operating system

• utilized device type

• time of access

 

4.3 Why can the company process my data?

The data protection law allows the processing of your data

• to provide the content of the website pursuant to Section 6 (1) lit. b GDPR (contract initiation)

• to optimize the content of the website (Section 6 (1) lit. f GDPR)

• for the contact form, newsletter, warranty extension pursuant to Section 6 (1) lit. b GDPR

 

4.4 Which statistics will be produced based on my data?

• number of visitors: visitors, page views, sessions,  search engines

• visitor behavior: duration per session, page views per session and exit rate

• site analysis: entry timing, exit timing,  error pages, most visited webpages

• source of homepage: All sources of homepages

• visitor locations

• browser and systems: browser, browser version, operating systems and operating systems versions.

 

4.5 Who can receive my data?

• groups of persons of our company

• service providers which are bound by a contract and which have been instructed as to professional discretion

• external companies when necessary e.g. postal operators

 

4.6 Will my data be forwarded to countries outside the EU?

There are no plans.

 

4.7 How long will my data be saved?

We save your data as long as necessary to contact you concerning different issues (see 4.1). Due to compulsory legal regulations we are required to save your data 6 years or in some instands 10 years. After the expiry of the data retention period we delete unnecessary data.

 

4.8 Must I share my data?

To achieve the goals set out in point 4.1 it is necessary to provide us with your personal data.

 

4.9 profiling

Profiling does not take place.

 

WHICH RIGHTS DO I HAVE?

5.1 Note regarding your rights

As per the GDPR you have following rights, also called “rights of affected persons”:

 

5.2 right to information

You have the right to request if the company processes your personal data or not. In case we process personal data, you have the right

• to be informed why we process your personal data (see 4.1);

• to be informed what kind of data we process;

• to be informed what kind of recipients receive your data;

• to be informed how long we are going to save your data;

• to edit or delete your personal data;

• to complain to the responsible supervisory authority;

• to be informed about the source of your personal data in case we did not receive them from you;

• to be informed if your personal data will  be used for an automatic decision. If this is the case, you

  have the right to be informed about its logic and its scope;

• to be informed if there exists an appropriate level of protection in case your personal data has                                        

  been transmitted to a country outside the EU;

• to request a copy of your personal data. Data copies are mainly provide in electronic form. The first

  copy is free of charge. For any further copies, please note that copy fees are possible. A copy can

  only be provided in cases where the rights of another person are not infringed.

 

5.3. right to rectify the personal data (Section 16 GDPR)

You have the right to request the rectification of your personal data in case it is not correct and/or incomplete (including the right to complete the personal data per explanations and messages). A rectification has to be made without undue delay.

 

5.4 right to deletion of the personal data (Section 17 GDPR)

You have the right to demand the deletion of your personal data in case

• the personal data is not essential anymore

• the data processing has taken place due to your agreement and you have cancelled the agreement;

  please note that this in not valid in cases where  another legal permission exists;

• you have entered an objection whose legal permission and interest are legitimate (Section 6 (1) e. 

   or f.); please note that the deletion of your personal data is not required to take place where

  priority reasons for the data processing exists;

• you have entered an objection for the purpose of direct marketing

• your personal data has been processed illegally

• the data concerns a child, whose data has been processed for information society services (=electronic service) based on the agreement (Section 8 (1) GDPR)

A right to deletion does not apply in case

• there exists the right of freedom of expression

• the data processing is essential

   •  for compliance with a legal obligation,

   •  for performing public services and interest as per the law standards (including public health) or

   •  due to necessity for research purposes;

   •  due to  necessity for assertion, exertion and defense of legal claims.

The deletion of personal data has to be made without undue delay. In case the personal data has been made public e.g. on the internet, we are responsible for the information transfer to other data processors about the deletion request including the deletion of links, copies and/or replications.

 

5.5 right to heavy restriction on data processing (Section 18 GDPR)

You have the right to limit the data processing of your personal data

• in case you contest the correctness of your personal data. Please note that you have the right to

   demand that the use of your personal data is limited during the duration of correction;

• in case the data has been processed illegally. In that case you have the right to demand the    

   deletion of your data instead of the restricted use of data;

• if you need your personal data for assertion, exertion and defense of legal claims but we do not

  need your personal data anymore. In this case you have the right to request the restriction of the 

  data use;

• in case you have entered an objection concerning the data use (Section 21 (1) GDPR) and it is as yet

  unknown whether we are more interested in the data processing than you, you have the right to

  demand a restricted data use during the duration of examination.

 

personal data whose processing has been restricted by your demand can only be saved

• with your permission

• for the use of assertion, exertion and defense of legal claims

• for the protection of the rights of other natural and legal persons

• due to reasons of important public interest

In case the restriction is cancelled you have to be informed in advance.

 

5.6 right to data portability (Section 20 GDPR)

You have the right to request your personal data in a common electronic form e.g. pdf data or excel document.

You also have the right that this data will be directly transferred to another company. The condition for this right is that your agreement is based on a contract (see 4.2) by means of automated procedures. The exertion of the right to data portability should not affect the rights and freedom of others. In case you are using the right to data portability, please note that you also have the right to deletion of your personal data (Section 17 GDPR).

 

5.7 right to contradiction to certain data processing (Section 21 GDPR)

In case your personal data is processed for public services (Section 4.2) you have the right to disagree. Therefore you need to name the reasons for your contradiction e.g. particular family reasons.

In case of your contradiction we have to refrain from any further data processing concerning the reasons named in section 4.1 unless

• compelling, vulnerable reasons exist for the data processing which prevail over your interests, rights and  freedom  

• the data processing is necessary for the assertion, exertion and defense of legal claims.

 

The data use for the purpose of direct marketing can be rejected; this is also valid for profiling as far as it is related to direct marketing. In case of your contraction personal data shall not be used for direct marketing.

 

5.8 Prohibition of Profiling (Section 22 GDPR)

Decisions which significantly affect you should not only be based on profiling. This is not valid where profiling

• is necessary for entering into or fulfilling a contract with you

• is permitted due to legal provisions and these provisions include measures for the security and

   freedom of your rights or

• has been taken place by your explicit agreement.

 

Decisions which are exclusively based on an automatic processing about special categories of personal data (=sensitive data) are only valid

• in case of your explicit agreement or

• if there exists a significant public interest in the data processing

and measures to secure your rights and freedom have been made.

5.9 rights of the persons affected

For rights of the person affected please contact the office named in 3.2. Requests which are submitted electronically will usually be answered electronically.

Any information, messages and measures as set in the GDPR including the exertion of the rights of the persons affected will basically provided free of charge. We only have the right to levy a fee or not to take action in case of unjustified requests (Section 12 (5) GDPR).

Please note that we reserve the right to demand additional information if we believe there is a question regarding your identity. In case an identification is impossible, we have the right to deny your request. We will provide you with this information separately if possible (Section 12 (6) and Section 11 GDPR).

Information requests will usually be processed within one months after receipt of request.  An extension of time by another two months is possible due to the complexity of the request; in case of an extension of time we will inform you about the reasons within one month after receipt of request. In case we do not react to your request we will immediately provide you information about the reasons one month after receipt of request. We will also inform you about the possibility to address the supervisory authority or to lodge an appeal. (Section 12 (13) and (4) GDPR).

Please note that the rights of the persons affected can only be exercised within the union or the member states (Section 23 GDPR).