+49 (0) 2129 - 9396-6 · info@osterhold.com · Deutsch

Data Protection Declaration

Name and Contact of the Controller pursuant to Article 4 (7) GDPR

OSTERHOLD SPEZIALKABEL GmbH
Dieselstraße 16
42781 Haan
Tel.: +49 (0) 2129 - 9396-6

We consider it our primary task to maintain the confidentiality of the personal data you provide and to protect it from unauthorized access. Therefore, we apply utmost care and state-of-the-art security standards to ensure maximum protection of your personal data.

As a private company, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the regulations of the Federal Data Protection Act (BDSG). We have implemented technical and organizational measures to ensure that the data protection regulations are observed both by us and by our external service providers.

Definitions

The legislator requires that personal data be processed in a lawful, fair, and transparent manner for the data subject ("lawfulness, fairness, transparency"). To ensure this, we inform you about the individual legal definitions that are also used in this privacy policy:

  1. Personal Data
    "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 reference to an identifier such as a name, an identification number, location data, an online identifier, or one or more specific factors expressing the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

  2. Processing
    "Processing" means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

  3. Restriction of Processing
    "Restriction of processing" means the marking of stored personal data with the aim of limiting their processing in the future.

  4. Profiling
    "Profiling" means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

  5. Pseudonymization
    "Pseudonymization" means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such 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.

  6. Filing System
    "Filing system" means any structured set of personal data which are accessible according to specific criteria, whether centralized, decentralized or dispersed on a functional or geographical basis.

  7. Controller
    "Controller" means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

  8. Processor
    "Processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

  9. Recipient
    "Recipient" means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

  10. Third Party
    "Third party" means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

  11. Consent
    "Consent" of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

Lawfulness of Processing

Processing of personal data is only lawful if there is a legal basis for the processing. The legal basis for processing may be, in particular, according to Article 6(1)
lit. a – f GDPR:

  1. The data subject has given consent to the processing of their personal data for one or more specific purposes;

  2. Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;

  3. Processing is necessary for compliance with a legal obligation to which the controller is subject;

  4. Processing is necessary in order to protect the vital interests of the data subject or of another natural person;

  5. Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

  6. Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

Information about the Collection of Personal Data

(1) Below we inform about the collection of personal data when using our website. Personal data are e.g. name, address, email addresses, user behavior.

(2) When contacting us by email or via a contact form, the data you provide (your email address, possibly your name and telephone number) will be stored by us in order to answer your questions. We delete the data collected in this context after storage is no longer necessary, or restrict processing if there are statutory retention obligations.

Collection of Personal Data when Visiting Our Website

When using the website for informational purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure its stability and security (legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR):

Children

Our offer is generally directed at adults. Individuals under 18 years of age should not provide us with personal data without the consent of their parents or legal guardians.

Rights of the Data Subject

(1) Withdrawal of Consent

If the processing of personal data is based on consent given, you have the right to withdraw your consent at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

You can exercise the right to withdraw your consent by contacting us at any time.

(2) Right to Confirmation

You have the right to obtain from the controller confirmation as to whether or not we are processing personal data concerning you. You can request confirmation at any time using the contact details provided above.

(3) Right to Information

If personal data is processed, you can request information at any time about this personal data and the following information:

  1. the purposes of the processing;

  2. the categories of personal data being processed;

  3. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;

  4. if possible, the planned duration for which the personal data will be stored, or, if this is not possible, the criteria used to determine that duration;

  5. the existence of the right to rectification or erasure of personal data concerning you, or restriction of processing by the controller, or the right to object to such processing;

  6. the right to lodge a complaint with a supervisory authority;

  7. if the personal data are not collected from the data subject, all available information about the origin of the data;

  8. the existence of automated decision-making, including profiling, referred to in Article 22 paragraphs 1 and 4 of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

If personal data are transferred to a third country or to an international organization, you have the right to be informed of the appropriate safeguards pursuant to Article 46 of the GDPR relating to the transfer. We provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, we may charge a reasonable fee based on administrative costs. If the data subject makes the request electronically, the information shall be provided in a commonly used electronic format, unless otherwise requested. The right to obtain a copy pursuant to paragraph 3 shall not adversely affect the rights and freedoms of others.

(4) Right to Rectification

You have the right to request immediate rectification of any inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to request completion of incomplete personal data, including by means of a supplementary statement.

(5) Right to Erasure ("Right to be Forgotten")

You have the right to request the controller to erase personal data concerning you without undue delay, and we are obliged to erase personal data without undue delay if one of the following reasons applies:

  1. The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.

  2. The data subject withdraws consent on which the processing pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR was based, and there is no other legal ground for the processing.

  3. The data subject objects to the processing pursuant to Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.

  4. The personal data have been unlawfully processed.

  5. Deletion of the personal data is necessary to comply with a legal obligation under Union or Member State law to which the controller is subject.

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

If the controller has made the personal data public and is obliged pursuant to paragraph 1 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 processing the personal data that a data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data.

The right to erasure ("right to be forgotten") does not apply to the extent that processing is necessary:

(6) Right to Restriction of Processing

You have the right to request us to restrict the processing of your personal data if one of the following conditions applies:

  1. the accuracy of the personal data is contested by the data subject, 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 their use instead;

  3. the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise, or defense of legal claims; or

  4. the data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If processing has been restricted in accordance with the above-mentioned conditions, these personal data – apart from their storage – will only be processed with the consent of the data subject or for the establishment, exercise, or defense 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.

To exercise the right to restriction of processing, the data subject may contact us at any time using the contact details provided above.

(7) Right to Data Portability

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

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

  2. the processing is carried out by automated means.

When exercising the right to data portability pursuant to paragraph 1, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The exercise of the right to data portability does not affect the right to erasure ("right to be forgotten"). This right does not apply to processing 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) Right to Object

You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you which is based on Article 6(1)(e) or (f) GDPR, including profiling based on those provisions. The controller shall no longer process the 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 defense of legal claims.

Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.

In connection with the use of services of the information society, you may exercise your right to object, notwithstanding Directive 2002/58/EC, by automated means using technical specifications.

You have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), unless the processing is necessary for the performance of a task carried out in the public interest.

You may exercise the right to object at any time by contacting the respective controller.

(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 the conclusion or performance of a contract between the data subject and the controller;

  2. is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or

  3. is based on the data subject's explicit consent.

The controller shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain human intervention on the part of the controller, to express one's point of view, and to contest the decision.

This right can be exercised by the data subject at any time by contacting the respective controller.

(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 personal data relating to you infringes this Regulation.

(11) Right to an effective judicial remedy

Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR, you have the right to an effective judicial remedy if you consider that your rights under this Regulation have been infringed as a result of the processing of your personal data not in compliance with this Regulation.