In this data protection notice SMS Elotherm GmbH, In der Fleute 2, 42897 Remscheid, firstname.lastname@example.org, (hereinafter “we”, “us” or“SMS Elotherm GmbH”) wish to inform you as the controller pursuant to data protection law of how we process your personal data during your visit to our website www.sms-elotherm.com.
1. Which personal data about you do we collect?
Personal data covers all information about a specific or specifiable natural person which you notify to us or which is generated or collected by us. On our website, this includes in particular:
Enquiry data: We provide different options for enquiries on our website, where you can opt to seek to get in contact with us, and, when using our form, will provide data entered by you or collected about you in this context. In particular, this may include:
- If you send general or specific enquiries to us using the contact form or email addresses provided on our website, we will process the data specified therein to answer your enquiry.
Server log data: When you use our websites, data on your usage (such as the date and time of your visit, pages called up and files requested, type and version of the web browser used by you, type and operating system of the end device you use as well as your IP address) is temporarily stored in a log file on our server.
Job Applicant data: With respect to personal data collected for applications via our Career portal, please see the separate data protection notice there.
2. What do we use your personal data for, on what legal basis and for how long?
2.1 Your enquiries
Should you submit enquiries to us via a contact form or per email, we process the information given therein to answer your query as well as the IP address and date/time of the request in order to avoid misuse of the contact form.
The legal basis for the processing is our legitimate interest pursuant to Art. 6 (1) letter f GDPR in providing you with the respective service you requested (e.g. Supplier portal, TECademy, request for contact). If your query concerns the initiation or processing (including customer service or warranty) of a contract, the additional legal basis for the processing is Art. 6 (1) letter b GDPR.
You may oppose the processing of your data on grounds of Art. 6 (1) letter f GDPR. In this case, upon proving mandatory reasons for the processing we can continue the processing. This can, in such case, be particularly necessary in order to prove past queries and communications with you. If no such mandatory reasons exist, we will cease our communication with you and delete already collected data.
This data will be deleted when our communication with you or the respective relationship established by your enquiry has ended, i.e. when the factual situation at issue has been conclusively clarified and no further legitimate interest exists for the storage, respectively no further statutory obligations exist to store such data.
2.2 Job applications
With respect to personal data collected for applications via our Career portal, please see the separate data protection notice there.
2.3 Advertising and product development (user data, newsletters, etc.), right to object
We also wish to use the data entered by you in any event or collected during your use of the websites to inform you about products and services relating to our product range (“Services”) (advertising) or to improve our product offers and services (product development).
2.3.1 Anonymised usage data
We use the anonymised and/or aggregated data collected with the aid of analysis tools, to be able to understand the surfing behaviour of all visitors and therewith improve the design of our website and of our product range in general. For details of the analysis tools, see point 4 below.
2.3.2 Personalised and pseudonymised usage data
Moreover, we use your usage data to understand your surfing behaviour and thereby improve the offers displayed to you and to offer personalised information.
2.3.3 Direct marketing
We will contact youby email with information, offers and promotional offers regarding Services that are personally tailored to you and your interests and use, either on the basis of your express consent, or – if you have previously acquired similar products or services and in this context have provided your email address – also without separate consent.
By telephone, we will only contact you with your respective express consent with information, offers and promotional offers regarding Services that are personally tailored to you and your interests and use.
Also without consent, we may inform you where appropriate within the legally permissible scope bywritten mail advertising of Services.
You may at any time wholly or partially object to the creation of pseudonymised data, the use of your personal data for advertising and product-development purposes as well as the ensuing contact for such purposes in a specific form or may revoke any consents you may have granted. Please use the corresponding functions that are already provided for your use (e.g. the unsubscribe function in your personal customer account) or address a corresponding written notification (reference: data protection) or email to the contact details given in clause 8.
The legal basis for the processing is your consent (Art. 6 (1) letter a GDPR) and our legitimate interests (Art. 6 (1) letter f GDPR, where applicable in connection with Sec. 7 para. 3 German Unfair Competition Act (UWG).
This data will be deleted by us following your objection, respectively revocation of any consents given, or otherwise upon the end of your use at the latest, respectively it will only be stored in aggregated, anonymised form. To the extent necessary, we will store the fact that you have objected in order to prevent you being contacted further.
2.4 Provision of the website and rendering of services
The processing of the server log data is necessary for technical reasons in order to provide the website and render the services and thereafter to ensure the system security.
The legal basis for the processing is our legitimate interest in providing the website with our services (Art. 6 (1) letter f GDPR). The processing is a mandatory prerequisite for the use of our website; no objection right is hence available.
This data is deleted after 14 days at the latest.
The server log data may then be assessed in anonymised form for statistical purposes and to improve the quality of our internet presence. There is no link between the server log data and your personal data nor is the server log data combined in any way with other personal data sources.
3. Transfer of the data
3.1 Transfer of data to data processors
We partially use service providers, in observance of the statutory requirements, by means of data processor relationships, i.e. processing is performed on the basis of a respective contract, for our account, according to our directions and subject to our control.
Data processors are, in particular
- technical service providers whose services we retain for the provision of the website, e.g. service providers for software maintenance, data-processing operations and hosting or printing of materials;
- technical service providers, whose services we retain for the provision of functionalities, e.g. technically required Cookies;
In such cases we remain responsible for the data processing; the transfer and processing of personal data to or by our data processors is made on the legal basis upon which we are permitted to process data in each case. No separate legal basis is required.
3.2 Data transfer to third parties
We partially also transmit your data to third parties, i.e. partners with whom we collaborate outside of a contracted processing. Such partners render their services on their own responsibility; the processing of your data by our partners is exclusively governed by the data protection notices of such third party.
3.2.1 Data transfers to other group entities of SMS group GmbH
We may forward your enquiry together with the data specified by you to the responsible SMS group subsidiaries in Germany or other countries whenever this may be required to answer your enquiry (e.g. because your enquiry refers to a business transaction or quotation from another country). The legal basis for the transfer is the performance of a service requested by you, Art. 6 (1), letter b GDPR, and/or our legitimate interest to answer your enquiry, Art. 6 (1), letter f GDPR.
Please note that this may, depending on your enquiry, involve a transfer or your personal data to countries outside the European Economic Area, that do not necessarily provide the same level of data protection. We have ensured an adequate level of protection by signing the EU model clauses (Art. 46 (2) GDPR), and you may get a copy of the relevant parts from the contact person named in clause 8.
3.2.2 Plugins and Tools
This site uses the Google Maps map service via an API. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
To use Google Maps, it is necessary to save your IP address. This information is generally transmitted to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer.
The use of Google Maps is in the interest of making our website appealing and to facilitate the location of places specified by us on the website. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.
Further information about handling user data, can be found in the data protection declaration of Google at https://www.google.de/intl/de/policies/privacy/.
4. Cookies and web analysis
4.1 What are Cookies?
We and our partners use so-called “Cookies” to fashion our website in a most user-friendly way. Cookies are small files stored on the user’s device. They allow the storage of information for a determinate period of time and the identification of the user’s device.
4.2 What Cookies do we use on what legal basis and for how long?
The legal basis for this processing is our legitimate interest (Art. 6 (1) lit f GDPR).
These Cookies are specifically set for individual sessions and expire when you leave the website and end the session.
4.2.1 Targeting and advertising Cookies
Targeting and advertising Cookies are used to better customise advertisements to your interests. They limit the number of times the same advertisement is shown to you, evaluate the efficacy of an advertising campaign, and analyse how the viewing of a certain advertisement influences the conduct of individual users. Such Cookies are usually placed by advertising networks with the consent of the respective website operator (in this case us). They register a user’s visit of the website and either pass such information on to other entities, e.g. advertising companies, or directly adapt advertisements accordingly. Frequently, they are linked to certain website functions provided by such third companies. We also use these Cookies to create a link to social networks, which in turn may use the information on your use of the website to customise advertisements on other websites to your interests, and also to provide the advertising networks used by us with information about your visit so that, based on your browsing behaviour, you will be shown exactly such advertisements as may potentially interest you. Also in these cases the data collected via such Cookies will not be merged with any other information on the visitors of our website.
The legal basis for this processing is your consent obtained my means of the cookie banner displayed upon access to our website (Art. 6 (1) lit a GDPR).
You can deactivate or delete Cookies and the information stored therein at any time (cf. 4.3).
4.2.2 Deactivation of Cookies for analysis, targeting and advertising
A deactivation of this types of Cookies for analysis, targeting and advertising purposes does not reduce the functionality of our website. The Cookies of this type presently used by us are offered by the following providers, to whom you may refer for information on /description of the respective Cookies or if you wish to object to their use:
|Tool||Data Protection Notice of the provider||Widerspruchsmöglichkeit (Opt-out)|
If you would rather receive information about these Cookies directly from us, please contact us via email at: email@example.com.
4.3 How can I deactivate Cookies?
If you wish to generally deactivate analytics, targeting and advertising Cookies, you may deactivate individual Cookies by clicking on one of the links in the above table (opt out). Finally, you may prevent the use of any Cookies whatsoever by adjusting the settings in your browser accordingly. We wish to point out, however, that in such case the functionality of our website will be reduced, if Cookies required for technical purposes are also blocked.
For further information on Cookies and individual providers, you may e.g. refer to www.youronlinechoices.com, where you may also object to usage-based online advertising via certain or any tools. Click here[bold text contains the following link: http://www.youronlinechoices.com/de/praferenzmanagement]to be forwarded directly to the preferences manager.
We use links to other internet presences of us on websites and services of third parties, e.g. to social media channels such as Youtube. These third parties are exclusively responsible for the data processing by such other service providers on their websites and their data protection notices apply.
We and our service providers take technical and organisational security measures to protect your personal data managed by us against accidental or deliberate manipulation, loss, destruction or access by unauthorised persons. Our data processing and our security measures are improved on a constant basis according to the technical developments.
During the transfer of your personal data to us it is encrypted with Secure Socket Layer (SSL). Personal data which is exchanged between you and us or other participating enterprises is fundamentally transmitted via encrypted connections which meet the latest technical standards.
Our employees and our retained service providers are naturally obliged to maintain confidentiality.
7. Your rights to information, correction, blocking or deletion
Every natural person whose personal data we process has, in principle (i.e. depending on the respective preconditions), the following rights vis-à-vis us:
- Should you have questions regarding our processing of your personal data, we would be pleased to provide you at any time and at no charge with information on the data stored about you (Art. 15 GDPR).
- You have a right to the correction of incorrect data as well as completion of incomplete data (Art. 16 GDPR).
- You have a right to the blocking/limitation of the processing or to deletion of personal data concerning you which is no longer required or stored on grounds of legal obligations (Art. 17, 18 GDPR).
- You have a right to the transfer of the data in a structured, standard and machine-readable format, insofar as you have provided us with the data on grounds of a consent or contract between us and you (Art. 20 GDPR).
- You have the right to object at any time to the processing of your data for direct marketing purposes (cf. also clause 2; Art. 21 para. 2 and 3 GDPR).
- You have the right to object to a processing on the basis of legitimate interest, in which case we are entitled to demonstrate our compelling reasons (Art. 21 para. 1 GDPR). We have pointed out above (clause 2) in which cases this right applies.
- Insofar as you have consented to a data processing, you can revoke this consent at any time with effect for the future, i.e. the legality of the data processing remains unaffected until the date of the revocation. After a revocation of consent, you may no longer be able to use our services.
Please address your concerns in writing (reference: data protection) or by email to the contact details given in point 8 below. We reserve the right to check your identity to ensure that your personal data is not disclosed to unauthorised persons.
Furthermore, you are entitled to file a complaint with a supervisory authority for data protection.
8. Data protection officer
We have appointed a data protection officer. Please contact him or send your requests in writing to SMS Elotherm GmbH, In der Fleute 2, 42897 Remscheid, Germany, quoting “Data protection”, or email us at firstname.lastname@example.org.
From time to time, the content of this data protection notice may have to be modified. We therefore reserve the right to amend them at any time. We will also publish the amended version of the data protection notice at this place. When you revisit us, you should therefore reread the data protection notice.