Privacy Statement

Thank you for your interest in our company. Your privacy is particularly important to the management of WerteWerk GmbH. In principle, it is possible to use the WerteWerk GmbH website without providing any personal data. However, if a data subject wishes to use particular services of our company website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain the consent of the person concerned.

We always process personal data, for example the name, address, email address or telephone number of a data subject, in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to WerteWerk GmbH. This Privacy Statement is intended to inform the public about the type, scope and purpose of the personal data we collect, use and process as a company. Furthermore, this Privacy Statement provides data subjects with information about their rights.

WerteWerk GmbH, as the controller, has implemented numerous technical and organisational measures to ensure the most complete protection possible for personal data processed via this website. Nevertheless, the transmission of data over the internet may not be entirely secure, meaning that absolute protection cannot be guaranteed. For this reason, data subjects are free to transmit personal data to us in alternative ways, for example by telephone.

1. Definitions

The WerteWerk GmbH Privacy Statement is based on the terminology adopted by the European legislator for the enactment of the General Data Protection Regulation (GDPR). Our Privacy Statement should be easy for the public, our customers and our business partners to read and understand. To ensure this is the case, we would like to start by explaining the terminology.

We use the following terms in this Privacy Statement:

  1. Personal data
    Personal data refers to all information that relates to an identified or identifiable natural person (hereinafter “data subject”). A natural person is deemed identifiable if they can be identified, directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier or one or more special features that express the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.
  2. Data subject
    The data subject is any identified or identifiable natural person whose personal data are processed by the controller.
  3. Processing
    Processing is any process carried out with or without the help of automated procedures or any such series of processes in connection with personal data such as the collection, recording, organisation, ordering, storage, adaptation or change, reading, querying, use, disclosure through transmission, distribution or any other form of provision, comparison or linking, restriction, erasure or destruction.
  4. Restriction of processing
    Restriction of processing is the marking of stored personal data with the aim of restricting its future processing.
  5. Profiling
    Profiling is any type of automated processing of personal data that involves using this personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects of work performance, economic situation, health, personal preferences, interests, reliability, behaviour, whereabouts or relocation of this natural person.
  6. Pseudonymisation
    Pseudonymisation is the processing of personal data in a way in which the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is stored separately and is subject to technical and organisational measures which ensure that the personal data cannot be assigned to an identified or identifiable natural person.
  7. Responsible party or controller
    The responsible party or controller is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data. If the purposes and means of this processing are specified by Union law or the law of the member states, the responsible party or the specific criteria for his appointment can be provided for in accordance with Union law or the law of the member states.
  8. Processor
    The processor is a natural or legal person, authority, institution or other body that processes personal data on behalf of the controller.
  9. Recipient
    The recipient is a natural or legal person, authority, institution or other body to which personal data are disclosed, regardless of whether it is a third party or not. However, authorities that may receive personal data as part of a specific investigation under Union law or the law of the member states are not considered recipients.
  10. Third party
    A third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who are authorised to process the personal data under the direct responsibility of the controller or the processor.
  11. Consent
    Consent is any declaration of intent voluntarily given by the data subject in an informed manner and unequivocally in the form of a declaration or other unequivocal affirmative action with which the data subject indicates that they consent to the processing of their personal data.

2. Name and address of the controller

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is:

WerteWerk GmbH
Parkstraße 34a
82065 Baierbrunn
Germany
Tel.: 0172 7056237
Email: p.niedermeier@wertewerk.fish
Website: www.wertewerk.fish

3. Cookies

The WerteWerk GmbH website uses cookies. Cookies are text files that are placed and stored on a computer system via an internet browser.

Many internet sites and servers use cookies. Many cookies contain what is known as a cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the person concerned from other internet browsers that contain other cookies. A specific internet browser can be recognised and identified via the unique cookie ID.

By using cookies, WerteWerk GmbH can provide the users of this website with more user-friendly services, which would not be possible without placing the cookie.

Using a cookie, the information and offers on our website can be optimised in the interests of the user. As already mentioned, cookies enable us to recognise the users of our website. The purpose of this recognition is to make our website easier for users to use. For example, the user of a website that uses cookies does not have to re-enter their access data every time they visit the website because this is done by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart for an online shop. The online shop uses a cookie to remember the items that a customer has placed in the virtual shopping cart.

The data subject can prevent cookies being placed by our website at any time by adjusting the corresponding setting in their internet browser. This permanently objects to the use of cookies. Furthermore, cookies that have already been placed by an internet browser or other software programme can be deleted at any time. This is possible in all common internet browsers. If a data subject deactivates the setting of cookies in the internet browser used, some of the functions of our website may not be fully usable.

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4. Collection of general data and information

The WerteWerk GmbH website collects a range of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server’s log files. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the sub-websites that are controlled on our website via an accessing system, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems are recorded.

When using this general data and information, WerteWerk GmbH does not draw any conclusions about the data subject. Rather, this information is required to (1) correctly deliver the content of our website, (2) optimise the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website and (4) to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack. This anonymously collected data and information is therefore statistically and further evaluated by WerteWerk GmbH with the aim of increasing data protection and data security in our company in order to ultimately ensure the best level of protection for any personal data we process. The anonymous data in the server log files are stored separately from all personal data provided by a data subject.

5. Contact options via the website

Due to legal regulations, the WerteWerk GmbH website contains information that enables quick electronic contact with our company and direct communication with us, which also includes a general address for electronic mail (email address). If a data subject contacts the controller by email or using a contact form, the personal data transmitted by the data subject will be automatically saved. Such personal data transmitted on a voluntary basis by a data subject to the controller are stored for the purposes of processing or contacting the data subject. These personal data are not passed on to third parties.

 

6. Routine erasure and blocking of personal data

The controller will only process and store personal data of the data subject for the period of time necessary to achieve the storage purpose or if this has been specified by the European directives and regulations or another legislator in laws or regulations to which the controller is subject.

If the purpose of storage no longer applies or if a storage period prescribed by the European directives and regulations or another responsible legislator expires, the personal data will be routinely blocked or erased in accordance with the statutory provisions.

 

7. Rights of the data subject

    1. Right to confirmation
      Every data subject has the right granted by the European legislator of directives and regulations to request confirmation from the controller as to whether personal data concerning them are being processed. If a data subject wishes to exercise this right to confirmation, they can contact an employee of the controller at any time.
    2. Right to information
      Every data subject has the right granted by the European legislator of directives and regulations to receive free information about the personal data stored about them and a copy of this information from the controller at any time. Furthermore, the European directives and regulations grant the data subject access to the following information:
      • the purposes of data processing
      • the categories of personal data being processed
      • the recipients or categories of recipients to whom the personal data have been or are being disclosed, in particular in the case of recipients in third countries or international organisations
      • if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
      • the existence of a right to correction or erasure of the personal data concerning you or to restriction of processing by the controller or a right to object to this processing
      • the existence of a right to lodge a complaint with a supervisory authority
      • if the personal data are not being collected from the data subject: all available information about the origin of the data
      • the existence of automated decision-making including profiling in accordance with Article 22(1) and (4) GDPR and – at least in these cases – meaning information about the logic involved and the scope and intended effects of such processing for the data subject.
        Furthermore, the data subject has the right to information about whether personal data have been transmitted to a third country or to an international organisation. If this is the case, the data subject has the right to receive information about the appropriate guarantees in connection with the data transmission.
        If a data subject wishes to exercise this right to information, they can contact an employee of the controller at any time.
    3. Right to correction
      Right to correction
    4. The right to erasure (“right to be forgotten”)
      Every data subject has the right granted by the European legislator of directives and regulations to request that the controller deletes the personal data relating to them with immediate effect, provided that one of the following reasons applies and insofar as the processing is unnecessary:
      • The personal data have been collected or otherwise processed for purposes for which it is no longer necessary.
      • The data subject revokes their consent on which the processing was based in accordance with Article 6(1)(a) GDPR or Article 9(2)(a) GDPR and there is no other legal basis for the processing.
      • The data subject objects to the processing in accordance with Article 21(1) GDPR, and there are no overriding legitimate reasons for the processing, or the data subject objects in accordance with Article 21(2) GDPR to the processing.
      • The personal data were processed unlawfully.
      • The erasure of personal data is necessary to fulfil a legal obligation under Union law or the law of the member states to which the controller is subject.
      • The personal data were collected in relation to the information society services offered in accordance with Article 8(1) GDPR.

        If one of the aforementioned reasons applies and a data subject wishes to have personal data stored at WerteWerk GmbH erased, they can contact an employee of the controller at any time. The employee of WerteWerk GmbH will arrange for the erasure request to be complied with immediately.
        If the personal data have been made public by WerteWerk GmbH and our company, as the controller, is obliged to erase the personal data in accordance with Art. 17 (1) GDPR, WerteWerk GmbH will take appropriate measures, taking into account the available technology and the implementation costs of a technical nature, in order to notify other data processors who process the published personal data that the data subject has requested the erasure of all links to this personal data or of copies or replications of this personal data from these other data processors, subject to processing no longer being necessary. The employee of WerteWerk GmbH will arrange the necessary actions in individual cases.


    5. Right to restriction of processing
      Every data subject has the right granted by the European legislator of directives and regulations to request that the controller restricts processing if one of the following conditions is met:

      • The data subject disputes the correctness of the personal data for a period of time that enables the controller to check the correctness of the personal data.
      • The processing is unlawful, the data subject refuses the erasure of the personal data and instead requests that the use of the personal data be restricted.
      • The controller no longer needs the personal data for the purposes of processing, but the data subject needs it to assert, exercise or defend legal claims.
      • The data subject has lodged an objection to the processing in accordance with Article 21(1) GDPR and it has not yet been determined whether the legitimate reasons of the controller outweigh those of the data subject.


If one of the above conditions is met and a data subject would like to request the restriction of personal data stored at WerteWerk GmbH, they can contact an employee of the controller at any time. The employee of WerteWerk GmbH will arrange the restriction of processing.

    1. Right to data portability
      Every data subject has the right granted by the European legislator of directives and regulations to receive the personal data relating to them which the data subject has provided to a controller in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on the consent given in accordance with Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or based on a contract according to Art. 6(1)(b) GDPR and the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task that is in the public interest or takes place in the exercise of official authority which has been assigned to the controller.
      Furthermore, when exercising their right to data portability in accordance with Art. 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another controller, insofar as this is technically feasible and where this does not affect the rights and freedoms of other persons.
      In order to assert the right to data portability, the data subject can contact an employee of WerteWerk GmbH at any time.

    2. Right to object
      Every data subject has the right granted by the European legislator of directives and regulations to object at any time to the processing of personal data relating to them, which is based on Article 6(1)(e) or (f) GDPR, for reasons arising from their particular situation. This also applies to profiling based on these provisions.
      WerteWerk GmbH will no longer process personal data in the event of an objection, unless we can prove compelling legitimate reasons for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
      If WerteWerk GmbH processes personal data in order to operate direct mailings, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is associated with such direct advertising. If the data subject objects to WerteWerk GmbH processing their personal data for direct advertising purposes, WerteWerk GmbH will no longer process the personal data for these purposes.
      In addition, the data subject has the right, for reasons arising from their particular situation, to object to the processing of their personal data that is carried out at WerteWerk GmbH for scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) GDPR, unless such processing is necessary to fulfil a task in the public interest.
      In order to exercise the right to object, the data subject can directly contact any employee of WerteWerk GmbH or another employee. The data subject is also free, in connection with the use of information society services, regardless of Directive 2002/58/EC, to exercise their right to object by means of automated procedures in which technical specifications are used.

    3. Automated decisions in individual cases including profiling
      Every person affected by the processing of personal data has the right granted by the European legislator of directives and regulations not to be subjected to a decision based solely on automated processing – including profiling – which has legal effect on them or similarly significantly affects them, if the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is permissible on the basis of Union or member state law to which the controller is subject and these legal provisions take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject or (3) is made with the express consent of the data subject.
      If the decision (1) is necessary for the conclusion or fulfilment of a contract between the data subject and the controller or (2) it is made with the express consent of the data subject, WerteWerk GmbH 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 intervention by a person on the part of the controller, to express one’s own point of view and to contest the decision.
      If the data subject wishes to assert rights with regard to automated decisions, they can contact an employee of the controller at any time.

    4. Right to withdraw consent under data protection law
      Every data subject has the right granted by the European legislator of directives and regulations to withdraw their consent to the processing of their personal data at any time.
      If the data subject wishes to assert their right to withdraw consent, they can contact an employee of the controller at any time.

 

8. Data protection in applications and in the application process

The controller collects and processes the personal data of applicants for the purpose of dealing with the application process. Electronic processing can also be used. This is especially the case if an applicant sends their application documents electronically, for example by email or via a web form on the website, to the controller. If the controller concludes an employment contract with an applicant, the data transmitted will be stored for the purpose of processing the employment relationship in compliance with statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically erased two months after notification of the rejection decision, provided that erasure does not conflict with any other legitimate interests of the controller. Another legitimate interest in this sense is, for example, a burden of proof in proceedings under the AGG (German General Act on Equal Treatment).

9. Data privacy provisions on the application and use of Getty Images

The controller has integrated components of Getty Images into this website. Getty Images is an American stock photo agency. A stock photo agency is a company that offers photos and other picture material on the market. Stock photo agencies usually market photographs, illustrations and film material. A number of customers, in particular website operators, editors of print and TV media and advertising agencies, license the images they use via a stock photo agency.

The operating company for the Getty Images components is Getty Images International, 1st Floor, The Herbert Building, The Park, Carrickmines, Dublin 18, Ireland.

Getty Images permits stock images to be embedded (possibly free of charge). Embedding is the incorporation or integration of certain external content, for example text, video or image data that is provided by an external website and then appears on your own website. An embed code is used for embedding. An embed code is an HTML code that is integrated into a website by a website operator. If an embed code has been integrated by a website operator, the external content of the other website is displayed immediately, the instant a website is visited. In order to display the external content, it is loaded directly from the other website. Getty Images provides further information about embedding content under the link http://www.gettyimages.de/resources/embed.

Using the technical implementation of the embed code that enables Getty Images’ images to be displayed, the IP address of the internet connection via which the data subject accesses our website is transmitted to Getty Images. Getty Images also records our website, the type of browser used, the browser language, the time and length of access. In addition, Getty Images can collect navigation information, i.e. information about which of our subpages were visited by the data subject and which links were clicked, as well as other interactions that the data subject carried out when visiting our website. These data can be saved and evaluated by Getty Images.

Further information and the applicable data protection provisions of Getty Images can be found at https://www.gettyimages.de/company/privacy-policy.

10. Legal basis for processing

Art. 6(I)(a) GDPR is our company’s legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary to fulfil a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of a specific service or return service, the processing is based on Art. 6(I)(b) GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, for example to fulfil tax obligations, the processing is based on Art. 6(I)(c) GDPR. In rare cases, it may be necessary to process personal data in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company were injured and his name, age, health insurance data or other vital information needed to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(I)(d) GDPR. Finally, processing operations could be based on Art. 6(I)(f) GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the person concerned do not prevail. In particular, we are permitted to carry out such processing operations because they have been specifically mentioned by the European legislator. In this respect, the legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47(2) GDPR).

 

11. Legitimate interests in processing that are pursued by the controller or a third party

If the processing of personal data is based on Article 6(I)(f) GDPR, our legitimate interest is the conduct of our business activities for the benefit of all our employees and our shareholders.

12. Duration for which the personal data will be stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After the period has expired, the relevant data will be routinely deleted, provided that they are no longer required for contract fulfilment or contract initiation.

13. Statutory or contractual provisions for the provision of personal data; Necessity for the conclusion of the contract; Obligation of the data subject to provide personal data; Possible consequences of non-provision

We hereby explain to you that the provision of personal data is in part required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information about the contractual partner). In order to conclude a contract, it may sometimes be necessary for a data subject to provide us with personal data that we subsequently have to process. For example, the data subject is obliged to provide us with personal data when our company concludes a contract with them. Failure to provide personal data would mean that the contract could not be concluded with the data subject. Before the data subject provides personal data, the data subject must contact one of our employees. Our employee will explain to the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what consequences would result if the personal data were not provided.

14. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

 

 

Developed by the Legal Tech specialists Willing & Able, who also developed the timekeeping system in line with data privacy law. The texts of the Privacy Statement generator were created and published by Prof. Dr h.c. Heiko Jonny Maniero and lawyer Christian Solmecke.

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