Data Protection Privacy Policy according to the GDPR I. Name and address of the controller II. Name and address of the data protection officer III. General information on data processing 1. Scope of processing personal data 2. Legal basis for processing personal data 3. Data erasure and storage period IV. Provision of the website and creation of log files 1. Description and scope of data processing 2. Legal basis for data processing 3. Purpose of data processing 4. Storage period 5. Right to object and erasure V. Use of cookies VI. Contact Form and Email Contact 1. Description and Scope of Data Processing 2. Legal Basis for Data Processing 3. Purpose of Data Processing 4. Storage Period 5. Right to Object and Erasure VII. Rights of the Data Subject 1. Right of Access 2. Right to Rectification 3. Right to Restriction of Processing 4. Right to Erasure 5. Right to Be Informed 6. Right to Data Portability 7. Right to Object 8. Right to Withdraw Consent 9. Automated Individual Decision-Making, Including Profiling 10. Right to Lodge a Complaint with a Supervisory Authority I. Name and Address of the Controller The controller within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the member states, as well as other data protection regulations, is: Eduard Weihretter Bahnhofstraße 7 D-87527 Sonthofen Tel.: 49(0)8321- 6 88 66 Mobile: 49(0)171- 6 80 60 90 Fax: 49(0)8321 – 805671 info@weihretter.de www.weihretter.de II. Name and Address of the Data Protection Officer The data protection officer of the controller is: Eduard Weihretter Bahnhofstraße 7 D-87527 Sonthofen Tel.: 49(0)8321- 6 88 66 Mobile: 49(0)171- 6 80 60 90 Fax: 49(0)8321 – 805671 info@weihretter.de www.weihretter.de III. General Information on Data Processing 1. Scope of Processing Personal Data We generally collect and use personal data of our users only to the extent necessary for providing a functional website and our content and services. The collection and use of personal data of our users is regularly carried out only with the user's consent. An exception applies in cases where obtaining prior consent is not possible for factual reasons and the processing of the data is permitted by law. 2. Legal basis for the processing of personal data Where we obtain the data subject's consent for processing personal data, Article 6(1)(a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data. When processing personal data necessary for the performance of a contract to which the data subject is a party, Article 6(1)(b) GDPR serves as the legal basis. This also applies to processing operations necessary for carrying out pre-contractual measures. Where processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Article 6(1)(c) GDPR serves as the legal basis. In the event that processing of personal data is necessary to protect the vital interests of the data subject or of another natural person, Article 6(1)(d) GDPR serves as the legal basis. If processing is necessary for the purposes of the legitimate interests pursued by our company or a third party, and the interests or fundamental rights and freedoms of the data subject do not override those interests, then Article 6(1)(f) GDPR serves as the legal basis for the processing. 3. Data Erasure and Storage Period The personal data of the data subject will be erased or blocked as soon as the purpose of storage no longer applies. Storage may also take place if this has been provided for by European or national legislation in EU regulations, laws, or other provisions to which the controller is subject. Data will also be blocked or erased when a storage period prescribed by the aforementioned regulations expires, unless there is a need for further storage of the data for the conclusion or performance of a contract. IV. Provision of the Website and Creation of Log Files 1. Description and Scope of Data Processing Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer. The following data is collected: (1) Information about the browser type and version used (2) The user's operating system (3) The user's internet service provider (4) The user's IP address (5) Date and time of access (6) Websites from which the user's system accessed our website (7) Websites accessed by the user's system via our website. This data is also stored in our system's log files. This data is not stored together with other personal data of the user. 2. Legal basis for data processing The legal basis for the temporary storage of data and log files is Article 6(1)(f) GDPR. 3. Purpose of data processing The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the user's IP address must be stored for the duration of the session. Storage in log files is carried out to ensure the functionality of the website. Furthermore, the data helps us to optimize the website and ensure the security of our IT systems. The data is not used for marketing purposes. These purposes also constitute our legitimate interest in data processing pursuant to Art. 6 para. 1 lit. f GDPR. 4. Storage Period The data is deleted as soon as it is no longer required for the purpose for which it was collected. In the case of data collected to provide the website, this is the case when the respective session ends. In the case of data stored in log files, this is the case after a maximum of seven days. Extended storage is possible. In this case, the users' IP addresses are deleted or anonymized so that it is no longer possible to identify the requesting client. 5. Right to Object and Erasure The collection of data for the provision of the website and the storage of data in log files is essential for the operation of the website. Consequently, users have no right to object. V. Use of Cookies a) Description and Scope of Data Processing Our website uses cookies. Cookies are text files that are stored in or by the web browser on the user's computer system. When a user visits a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic string that enables the browser to be uniquely identified when the website is visited again. We use cookies to make our website more user-friendly. Some elements of our website require that the browser be identifiable even after a page change. The following data is stored and transmitted in the cookies: (1) Language settings (2) Items in a shopping cart (3) Login information. b) Legal basis for data processing The legal basis for processing personal data using cookies is Article 6(1)(f) GDPR. c) Purpose of data processing The purpose of using technically necessary cookies is to simplify website use for users. Some functions of our website cannot be offered without the use of cookies. For these functions, it is necessary that the browser be recognized even after a page change. We require cookies for the following purposes: (1) Shopping cart (2) Saving language preferences (3) Login information. The user data collected by technically necessary cookies is not used to create user profiles. Our legitimate interest in processing personal data pursuant to Art. 6 para. 1 lit. f GDPR also lies in these purposes. e) Storage period, right to object and erasure. Cookies are stored on the user's computer and transmitted from there to our website. Therefore, as a user, you have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to fully use all of the website's functions. VI. Contact form and email contact. 1. Description and scope of data processing. Our website contains a contact form that 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. The following data is collected: - Name and address - Telephone number - Email address - Text input. At the time the message is sent, the following data is also stored: (1) The user's IP address (2) Date and time. Your consent for the processing of this data is obtained during the sending process, and you are referred to this privacy policy. Alternatively, you can contact us via the provided email address. In this case, the personal data you transmit with the email will be stored. In this context, the data will not be shared with third parties. The data will be used exclusively for processing the conversation. 2. Legal basis for data processing. The legal basis for processing the data is, if the user has given consent, Article 6 Paragraph 1 Letter a GDPR. The legal basis for processing data transmitted in the course of sending an email is Article 6 Paragraph 1 Letter f GDPR. If the email contact aims at concluding a contract, the additional legal basis for processing is Article 6 Paragraph 1 Letter b GDPR. 3. Purpose of Data Processing: The processing of personal data from the input form serves solely to process your contact request. In the case of contact via email, this also constitutes the necessary legitimate interest in processing the data. The other personal data processed during the submission process serves to prevent misuse of the contact form and to ensure the security of our IT systems. 4. Storage Period: The data will be deleted as soon as it is no longer required for the purpose for which it was collected. For personal data from the contact form's input fields and those transmitted via email, this is the case when the respective conversation with the user has ended. The conversation is considered ended when it can be inferred from the circumstances that the matter in question has been conclusively resolved. The additional personal data collected during the submission process will be deleted no later than seven days after collection. 5. Right to Object and Erasure: The user has the right to withdraw their consent to the processing of their personal data at any time. If the user contacts us by email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued. All personal data stored during the contact process will be deleted. VII. Rights of the Data Subject If your personal data is processed, you are a data subject within the meaning of the GDPR and have the following rights against the controller: 1. Right of Access You can request confirmation from the controller as to whether personal data concerning you is being processed by us. If such processing is taking place, you can request the following information from the controller: (1) the purposes for which the personal data is processed; (2) the categories of personal data being processed; (3) the recipients or categories of recipients to whom the personal data concerning you has been or will be disclosed; (4) the planned duration for which the personal data concerning you will be stored, or, if specific information on this is not possible, the criteria used to determine that storage period; (5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller, or a right to object to such processing; (6) the existence of a right to lodge a complaint with a supervisory authority; (7) all available information about the source of the data if the personal data are not collected from the data subject; (8) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject. You have the right to request information as to whether personal data concerning you are transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate safeguards pursuant to Article 46 of the GDPR relating to the transfer. 2. Right to rectification You have the right to rectification and/or completion from the controller if the processed personal data concerning you is inaccurate or incomplete. The controller must carry out the rectification without undue delay. 3. Right to restriction of processing Under the following conditions, you may request the restriction of processing of your personal data: (1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data; (2) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead; (3) the controller no longer needs the personal data for the purposes of the processing, but you require it for the establishment, exercise, or defense of legal claims; or (4) if you have objected to processing pursuant to Article 21(1) GDPR pending the verification of whether the legitimate grounds of the controller override your grounds. If the processing of your personal data has been restricted, this data may – apart from being stored – only be processed with your consent 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. If the restriction of processing has been imposed under the aforementioned conditions, you will be informed by the controller before the restriction is lifted. 4. Right to erasure a) Obligation to erase You have the right to request from the controller the erasure of your personal data without undue delay, and the controller is obligated to erase this data without undue delay where one of the following grounds applies: (1) The personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed. (2) You withdraw your consent on which the processing is based according to point (a) of Article 6(1) or point (a) of Article 9(2) GDPR, and there is no other legal ground for the processing. (3) You object to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) GDPR. (4) The personal data concerning you have been unlawfully processed. (5) The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject. (6) The personal data concerning you have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR. b) Information to third parties: If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) GDPR, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you, as the data subject, have requested the erasure of all links to, or copies or replications of, that personal data. c) Exceptions: The right to erasure does not apply to the extent that processing is necessary: (1) for exercising the right of freedom of expression and information; (2) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; (3) for reasons of public interest in the area of public health in accordance with Article 9(2)(h) and (i) as well as Article 9(3) GDPR; (4) for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89(1) GDPR, insofar as the right referred to in point (a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or (5) for the establishment, exercise, or defense of legal claims. 5. Right to be informed If you have asserted your right to rectification, erasure, or restriction of processing against the controller, the controller is obliged to communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data concerning you have been disclosed, unless this proves impossible or involves disproportionate effort. You have the right to be informed by the controller about those recipients. 6. Right to data portability You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used, and machine-readable format. Furthermore, you have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that (1) the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR, and (2) the processing is carried out by automated means. In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. The rights and freedoms of other persons must not be adversely affected by this. The right to data portability 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. 7. Right to object You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) of the GDPR, including profiling based on those provisions. The controller will no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing serves the purpose of establishing, exercising or defending legal claims. Where personal data concerning you 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 concerning you will no longer be processed for such purposes. You have the option, in connection with the use of information society services – notwithstanding Directive 2002/58/EC – to exercise your right to object by automated means using technical specifications. 8. Right to withdraw consent under data protection law You have the right to withdraw your consent under data protection law at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal. 9. Automated decision-making in individual cases, 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 entering into, or performing, a contract between you 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 your rights and freedoms and legitimate interests, or (3) is based on your explicit consent. However, these decisions may not be based on special categories of personal data pursuant to Article 9(1) GDPR, unless Article 9(2)(a) or (g) applies and appropriate measures to safeguard your rights and freedoms and legitimate interests have been taken. With regard to the cases referred to in paragraphs (1) and (3), the controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision. 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, your place of work or the place of the alleged infringement, if you consider that the processing of personal data relating to you infringes the GDPR. The supervisory authority with which the complaint has been lodged shall inform the complainant of the progress and outcome of the complaint, including the possibility of a judicial remedy pursuant to Article 78 GDPR.