Table of content

1. Name and address of the data controller

Provider and data controller in the sense of the Data Protection Act as well as the GDPR and other national data protection laws of the member states as well as other data protection regulations is

Demke Electronic GmbH
In der Hälde, 23
74855 Haßmersheim
Germany
Tel.: +49 6261 89 30 99
E-Mail: info(at)demke.de
Website: www.demke-electronic.de

2. Scope

With this privacy policy, users receive information about the nature, scope and purpose of the collection and use of their data collected and processed by the responsible provider.

The legal framework for data protection is constituted by the Federal Data Protection Act (BDSG n. F.), the General Data Protection Regulation (GDPR) and the German Telemedia Act (TMG).

3. General information about data processing

3.1. Scope of processing of personal data

In principle, we process personal data of our users only insofar as this is necessary to provide a functioning website as well as our content and services. The processing of personal data of our users takes place regularly only with the consent of the user. An exception applies to cases in which prior consent can not be obtained for reasons of fact and the processing of the data is permitted by law.

3.2. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing of personal data, Art. 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis. If the processing of personal data is required to fulfill a contract of which the data subject is a party, Art. 6 (1) (b) GDPR serves as the legal basis. This also applies to processing operations required to carry out pre-contractual actions.

3.3. Data erasure and storage duration

The personal data of the data subject will be erased or blocked as soon as the purpose of the storage is canceled. Such a storage may happen beyond that, provided this is intended by the European or national legislator in EU regulations, laws or other regulations to which the controller is subject.

4. Provision of the website and creation of log files

4.1. Description and scope of data processing

Web browsers automatically send personal data (such as the IP address) as well as information from the computer system of the calling computer (such as the operating system) whenever a webpage is called. This data will not be processed by us, but will be stored by the provider in LogFiles and processed for statistical reports. IP addresses are stored or processed pseudonymised.

4.2. Legal basis for data processing

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

4.3. Purpose of data processing

Storage in log files is done to ensure the functionality of the website. In addition, the data is used to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

Also lies in these purposes our legitimate interest in the data processing, according to Art. 6 para. 1 lit. f GDPR.

4.4. Duration of storage

The data will be erased as soon as it is no longer necessary for the purpose of its collection. In the case of collecting the data for providing the website, this is the case when the respective session is completed.

If the data is stored in log files, the IP addresses of the users are deleted or alienated so that it is no longer possible to assign the calling client.

4.5. Possibility of opposition and removal

The collection of data for the provision of the website and the storage of the data in log files is essential for the operation of the website. There is consequently no possibility of contradiction on the part of the user.

5. Usage of Cookies

5.1. Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or on the user's computer system by the Internet browser. When a user visits a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string that allows the browser to be uniquely identified when the website is reopened.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser needs to be identified even after a page break.

The following data is stored and transmitted in the cookies:

  • Group affiliation of the visitor for corresponding permissions ('session cookies')

5.2. Legal basis for data processing

The legal basis for the processing of personal data using cookies is Article 6 (1) (f) GDPR.

5.3. Purpose of data processing

The purpose of using technically necessary cookies is to facilitate the use of websites for users. The user data collected through technically necessary cookies will not be used to create user profiles.

5.4. Duration of storage, possibility of opposition and removal

Cookies are stored on the computer of the user and transmitted by this to our site. Therefore, as a user, you have full control over the use of cookies. By changing the settings in your internet browser, you can disable or restrict the transmission of cookies. Already saved cookies can be deleted at any time. This can also be done automatically.

The session cookie that we use is normally deleted by the webbrowser itself, at the time closing this one.

6. Contact form and e-mail contact

6.1. Description and scope of data processing

On our website is a contact form available, which can be used for electronic contact. If a user makes use of this option, the data entered in the input mask will be transmitted to us and stored. These data are:

  • Your salutation / gender
  • Your first and last name
  • Your email address
At the time of sending the message, the following data is also stored:
  • Date and time of sending
For the processing of the data, your consent is obtained during the sending process and at the same time referred to this privacy policy.

Alternatively, contact via the provided e-mail address is possible. In this case, the user's personal data transmitted by e-mail will be stored.

The data will only be used to process the conversation, to fulfill a contract or to perform pre-contractual action. In this context, there is no disclosure of data to third parties without your consent, unless the purpose of the data processing requires it.

For storage, the data is transmitted to a server in the third country Switzerland. For Switzerland, there is an adequacy decision of the EU Commission.

6.2. Legal basis for data processing

Legal basis for the processing of the data is in the presence of the consent of the user Art. 6 (1) (a) GDPR.

The legal basis for the processing of the data transmitted in the course of sending an e-mail is Article 6 (1) lit. f DSGVO. If the e-mail contact aims to conclude a contract, the additional legal basis for processing is Article 6 (1) (b) GDPR.

6.3. Purpose of data processing

The processing of the personal data from the input mask serves us only for the processing of the contact as well as for the fulfillment of a contract or for the implementation of pre-contractual measures. In the case of contact via e-mail, this also includes the required legitimate interest in the processing of the data. The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

6.4. Duration of storage

Personal data is stored according to the principles of data avoidance and data economy only as long as required or required by law (legal storage period).

Data that is not subject to storage will be deleted as soon as it is no longer necessary to achieve the purpose of its collection. For the personal data from the input form of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the relevant facts have been finally clarified.

The planned storage period for contract-relevant data is ten years due to legal obligation (commercial law § 257 HGB) and two further years to fulfill tax regulations in the worst case.

6.5. Possibility of opposition and removal

The user has the possibility at any time to revoke his consent to the processing of the personal data. If the user contacts us by e-mail, he may object to the storage of his personal data at any time. In such a case, the conversation can not continue.

All personal data stored in the course of contacting will be deleted in this case.

7. Rights of the data subject (person concerned)

We draw your attention especially to your rights. These are listed below.

7.1. Right to information (Article 15 GDPR)

The data subject has a comprehensive right to information. This is largely comparable to the previous § 34 BDSG (Federal Data Protection Act). What is new, however, is that the data subject can now also request a copy of the personal data that is processed.

7.2. Right to correction (Article 16 GDPR)

The persons concerned have the right to demand immediate correction of personal data with the data controller if they are incorrect. In consideration of the purposes of the processing, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary statement.

7.3. Right to erasure, right to be forgotten (Article 17 GDPR)

The data subject has the right to demand that the data concerning the data subject is to be deleted without delay if the following reasons are met:

  • Data is no longer necessary for the purposes for which it was collected or otherwise processed,
  • Die betroffene Person widerruft ihre Einwilligung und es fehlt an einer anderweitigen Rechtsgrundlage für die Verarbeitung,
  • The data subject revokes their consent and there is no other legal basis for processing,
  • The personal data were processed unlawfully,
  • The deletion of personal data is required by a more specific law, that is, to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject to,
  • The personal data was collected in relation to information society services offered directly to a child.
Exceptions: There is no obligation for the person responsible for the deletion, if the further storage of the personal data is necessary for one of the following reasons:
  • Practice of the right to freedom of expression and information,
  • Fulfillment of a legal obligation (for example, statutory retention requirements) that requires processing under Union or Member State law, or to safeguard a public interest mission or exercise of official authority, which has been entrusted to those responsible,
  • Reasons of public interest in the field of public health,
  • Archival purposes of public interest, scientific or historical research purposes or statistical purposes,
  • Assertion, exercise or defense of legal claims

7.4. Right to restriction of processing (Article 18 GDPR)

"Restriction of processing" means, according to the recitals, methods for restricting the processing of personal data, for example, that selected personal data is temporarily transferred to another processing system, that it is blocked for users or that published data is temporarily removed from a web page. The data subject has the right to require the controller to limit this processing if the following conditions are met:

  • The accuracy of the personal data is disputed by the data subject for a period of time allowing the controller to verify the accuracy of the data.
  • The processing is unlawful and the data subject refuses to delete the data and instead requests a restriction on the processing,
  • The controller no longer needs the personal information for the purposes of processing, but the data subject requires it to assert, exercise or defend legal claims,
  • The data subject has filed an objection against a processing based on the legitimate interests of the controller and it is not yet clear whether the legitimate grounds of the controller prevail over those of the data subject,
  • If the processing has been restricted at the request of the person concerned, such personal data may - with the exception of storing - only be used with the consent of the data subject or for the purpose of asserting, exercising or defending legal claims or protecting the rights of a natural or legal person or for important reasons of public interest of the Union or of a Member State. In addition, the person responsible must notify the data subject of the removal of the restriction (Article 18 (3)).
Exceptions can be found in Federal Data Protection Act new version (BDSG-neu) (§ 35).

7.5. Right to objection (Article 21 GDPR)

The data subject may object to processing by the controller at any time if the processing has been performed as a task in the public interest or in the exercise of official authority or for the legitimate interests of the controller (Article 6 (1e) or (f). This also applies to a profiling based on it. Continued processing by the controller is not permitted unless he can

  • establish compelling legitimate reasons for processing that outweigh the interests, rights and freedoms of the data subject, or
  • the processing serves the assertion, exercise or defense of legal claims.
In the case of direct mail, no balance of interests takes place. A contradiction leads to an immediate processing stop. In the case of processing for scientific or historical research purposes or for statistical purposes, the opposition also leads to a processing stop, unless the processing is necessary to fulfill a task of public interest. The data subject must expressly be informed of his right of objection at the latest at the time of the first communication and in a form that is understandable and separate from other information.

7.6. Right to data portability (Article 20 GDPR)

A data subject who has provided Personal Data to a Responsible Person has the right to receive such data in a structured, common and machine-readable format. In addition, the data subject is entitled to transfer this data to another person without hindrance by the person responsible for providing the personal data. However, this only applies if the processing

  • is based on a consent or a contract and
  • is carried out with the help of automated procedures.
The data subject can thus obtain that the personal data is transmitted directly by a responsible person, as far as this is technically possible. Exceptions apply when the processing is performed to perform a task that is in the public interest or in the exercise of public authority delegated to the controller. Furthermore, the rights and freedoms of others must not be impaired by the exercise.

7.7. Right to revoke consent at any time

The data subject has a right of withdrawal of consent (for processing with Article 6 (1a) or Article 9 (2))

7.8. Right of appeal with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your residence, place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you is against the GDPR

The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.

8. Automated decision-making

We do not use automated decision-making based on your data. Likewise, no automated, algorithmic processing of the data takes place. The only automated processing is the storage of the data and its reproduction in contract or business documents.

9. Changes of our privacy policy

In order to ensure that our privacy policy always complies with current legal requirements, we reserve the right to make changes at any time. This also applies in the event that the privacy policy has to be adapted due to new or revised services. The new privacy policy will then take effect on your next visit to our offer.