We are very pleased about your interest in our company. Data protection is of particular importance to the management of Jerko Sprühsysteme GmbH. Use of the Jerko Sprühsysteme GmbH website is generally possible without providing any personal data. However, if a data subject wishes to use special services offered by our company via our website, processing of personal data may be necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Jerko Sprühsysteme GmbH. By means of this data protection declaration, our company would like to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration.
Jerko Sprühsysteme GmbH, as the controller, has implemented numerous technical and organizational measures to ensure the most complete protection possible for personal data processed through this website. However, internet-based data transmissions may, in principle, contain security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, for example, by telephone.
1. DEFINITIONS
The privacy policy of Jerko Sprühsysteme GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easily readable and understandable for the public, as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
In this privacy policy we use, among other things, the following terms:
a) personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter “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 to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) data subject
Data subject is any identified or identifiable natural person whose personal data is processed by the controller.
c) Processing
Processing is 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, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting its future processing.
e) Profiling
Profiling is 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 analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
f) Pseudonymization
Pseudonymisation is 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 organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or person responsible for processing
The controller or controller responsible for processing is the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of processing 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.
h) Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i) Recipient
Recipient is a natural or legal person, public authority, agency, or other body to which 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 considered recipients.
j) Third party
Third party means a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct authority of the controller or processor.
k) Consent
Consent is 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 concerning him or her.
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:
Jerko Sprühsysteme GmbH Im Müldersfeld 43 47669 Wachtendonk Germany Tel.: 02152 91 03 0 Email: info@jerko-kempen.de Website: www.jerko-kempen.de
Data protection officer: datenschutz@jerko-kempen.de
Any data subject may contact our data protection officer directly at any time with any questions or suggestions regarding data protection.
The privacy policy corresponds to the generator of the above-mentioned institutions.
3. COOKIES
The Jerko Sprühsysteme GmbH website uses cookies. Cookies are text files that are stored on a computer system via an internet browser.
Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a character string that websites and servers use to identify the specific internet browser.
can be assigned to the server in which the cookie was stored. This allows visited websites and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.
Through the use of cookies, Jerko Sprühsysteme GmbH can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.
Cookies allow us to optimize the information and offers on our website for the user. As already mentioned, cookies enable us to recognize users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to enter their login details 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 for a shopping cart in an online shop. The online shop uses a cookie to remember the items a customer has placed in the virtual shopping cart.
The data subject can prevent the setting of cookies through our website at any time by making the appropriate settings in the internet browser used, thereby permanently denying the setting of cookies. Furthermore, cookies already set can be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, not all functions of our website may be fully available.
4. COLLECTION OF GENERAL DATA AND INFORMATION
The website of Jerko Sprühsysteme GmbH collects a series 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. Collected may be (1) the 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 referrers), (4) the sub-websites accessed via an accessing system on our website, (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 used to avert dangers in the event of attacks on our information technology systems.
When using this general data and information, Jerko Sprühsysteme 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) optimize the content of our website and its advertising, (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 criminal prosecution in the event of a cyberattack. Jerko Sprühsysteme GmbH therefore evaluates this anonymously collected data and information both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the 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 Jerko Sprühsysteme GmbH website contains information that enables quick electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject will be automatically stored. Such personal data transmitted voluntarily by a data subject to the controller will be stored for the purposes of processing or contacting the data subject. This personal data will not be passed on to third parties.
6. ROUTINE DELETION AND BLOCKING OF PERSONAL DATA
The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage or as far as this is granted by the European legislator or other legislator in laws or regulations to which the controller is subject to.
If the storage purpose no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
7. RIGHTS OF THE DATA SUBJECT
a) Right to confirmation
Every data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may contact an employee of the controller at any time.
b) Right to information
Any person affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller free information about the personal data concerning him or her stored at any time, including a copy of that information. Furthermore, the European legislator has granted the data subject the right to obtain the following information:
Furthermore, the data subject has the right to information as to whether personal data has been transferred to a third country or to an international organization. If so, the data subject also has the right to receive information about the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right to information, he or she may contact an employee of the controller at any time.
c) Right to rectification
Any person affected by the processing of personal data has the right granted by the European legislator to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of providing a supplementary statement, taking into account the purposes of the processing.
If a data subject wishes to exercise this right to rectification, he or she may contact an employee of the controller at any time.
d) Right to erasure (right to be forgotten)
Any person affected by the processing of personal data has the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, where one of the following grounds applies and where processing is not necessary:
If one of the above reasons applies and a data subject requests the erasure of personal data stored by Jerko Sprühsysteme GmbH,
If you wish to request deletion, you can contact an employee of the controller at any time. The employee of Jerko Sprühsysteme GmbH will ensure that the deletion request is complied with immediately.
If the personal data was made public by Jerko Sprühsysteme GmbH and our company as the controller pursuant to Art. 17 Para. 1 GDPR is obliged to erase the personal data, Jerko Sprühsysteme GmbH shall take appropriate measures, including technical ones, taking into account the available technology and the implementation costs, in order to inform other data controllers which process the published personal data that the data subject has requested the erasure by such controllers of all links to these personal data or of copies or replications of these personal data, unless processing is required. The employee of Jerko Sprühsysteme GmbH will arrange the necessary measures in individual cases.
e) Right to restriction of processing
Any person affected by the processing of personal data has the right granted by the European legislator to request the controller to restrict processing if one of the following conditions applies:
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by Jerko Sprühsysteme GmbH, he or she may contact an employee of the controller at any time. The employee of Jerko Sprühsysteme GmbH will arrange for the restriction of processing.
f) Right to data portability
Every data subject shall have the right granted by the European legislator to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. He or she shall also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR or on a contract pursuant to point (b) of Article 6(1) GDPR, and the processing is carried out by automated means, unless the 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.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
To assert the right to data portability, the data subject may contact an employee of Jerko Sprühsysteme GmbH at any time.
g) Right to object
Any person affected by the processing of personal data has the right granted by the European legislator to object at any time to the processing of personal data concerning him or her, which is based on Article 6 (1) (e) or (f) GDPR, for reasons related to his or her particular situation. This also applies to profiling based on these provisions.
In the event of an objection, Jerko Sprühsysteme GmbH will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If Jerko Sprühsysteme GmbH processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for such advertising purposes. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to Jerko Sprühsysteme GmbH processing the personal data for direct marketing purposes, Jerko Sprühsysteme GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right to object to the processing of personal data concerning him or her by Jerko Sprühsysteme GmbH for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) GDPR, for reasons related to his or her particular situation, unless such processing is necessary to perform a task carried out in the public interest.
To exercise the right to object, the data subject may contact any employee of Jerko Sprühsysteme GmbH or another employee directly. Furthermore, in connection with the use of information society services, the data subject is free to exercise their right of objection by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.
h) Automated decisions in individual cases, including profiling
Any person affected by the processing of personal data shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or
(2) is permitted by Union or Member State law to which the controller is subject and which also lays down appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject; or (3) is based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into or performing a contract between the data subject and the controller or (2) is made with the express
Where the data subject has not given his or her consent, Jerko Sprühsysteme GmbH shall take appropriate measures to safeguard the data subject’s rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
If the data subject wishes to exercise rights with regard to automated decisions, he or she may contact any employee of the controller at any time.
i) Right to withdraw consent under data protection law
Any person affected by the processing of personal data has the right to object to the processing of personal data
The right granted by the European legislator to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she may contact an employee of the controller at any time.
8. Data protection provisions regarding the use of fan pages on Facebook
8.1 Responsible
As the operator of this Facebook page, we (Jerko Sprühsysteme GmbH, Hooghe Weg 31, 47906 Kempen, Germany) are jointly responsible with the operator of the social network Facebook (Facebook Ireland Ltd.) within the meaning of Art. 4 No. 7 of the General Data Protection Regulation (GDPR). When you visit our Facebook page, personal data is processed by the controller. Below we inform you about which data is involved, how it is processed, and what rights you are entitled to in this regard. As the controller of this page, we have entered into agreements with Facebook which, among other things, regulate the conditions for using the Facebook page. The Facebook terms of use and the other terms and guidelines listed at the end there apply.
8.2 Purposes of processing
The processing of this information is intended, among other things, to enable Facebook to improve its advertising system, which it distributes across its network. It is also intended to enable us, as the operator of the Facebook page, to obtain statistics that Facebook compiles based on visits to our Facebook page. This is intended to manage the marketing of our activities. For example, it allows us to gain knowledge of the profiles of visitors who visit our Facebook page or use the page’s applications, in order to provide them with more relevant content and develop features that may be of greater interest to them.
To better understand how we can achieve our goals with our Facebook page, demographic and geographical analyses are also created and made available to us based on the information collected. We can use this information to target interest-based advertisements without directly knowing the visitor’s identity. If visitors use Facebook on multiple devices, the data can be collected and analyzed across devices if the visitors are registered and logged into their own profile. The visitor statistics created are transmitted to us exclusively in anonymized form. We have no access to the underlying data.
8.3 Legal basis and legitimate interests
We operate this Facebook page to present ourselves to Facebook users and other interested parties who visit our Facebook page and to communicate with them. The processing of users’ personal data is based on our legitimate interest in an optimized company presentation (Art. 6 (1) (f) GDPR).
8.4 Transfer of data
It is conceivable that some of the collected information may also be processed outside the European Union by Facebook Inc., based in the USA. Facebook Inc. is certified under the US-EU data protection agreement “Privacy Shield” and is thus committed to complying with European data protection regulations. We ourselves do not share any personal data.
8.5 Options for objection
Facebook users can influence the extent to which their user behavior may be recorded when visiting our Facebook page by adjusting their advertising preferences. Further options are available in the Facebook settings or the opt-out form. The processing of information using cookies used by Facebook can also be prevented by disallowing third-party cookies or Facebook cookies in your browser settings.
8.6 Nature of shared responsibility
The agreements with Facebook regarding joint responsibility essentially stipulate that requests for information and the assertion of other data subject rights should be addressed directly to Facebook. As the provider of the social network and the ability to integrate Facebook pages there, Facebook alone has direct access to the necessary information and can also immediately take any necessary measures and provide information. Should our support nevertheless be required, we can be contacted at any time.
8.7 Information on contact options and other rights as a data subject
Further information about our contact details, the rights of data subjects vis-à-vis us, and how we otherwise process personal data can be found in this privacy policy. Information about how Facebook handles personal data can be found in its privacy policy.
9. LEGAL BASIS FOR PROCESSING
Art. 6 I lit. a GDPR serves as the legal basis for our company for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary to fulfill a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. 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, such as the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary 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 would have to be passed on to a doctor, hospital or other third parties. In that case, the processing would be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not override them. We are permitted to carry out such processing operations in particular because they were specifically mentioned by the European legislator. In this respect, the European legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, Sentence 2 GDPR).
10. LEGITIMATE INTERESTS IN THE PROCESSING PURSUED BY THE CONTROLLER OR A THIRD PARTY
If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.
11. DURATION FOR WHICH PERSONAL DATA IS STORED
he criterion for the duration of storage of personal data is the respective statutory retention period. After expiration of this period, the corresponding data is routinely deleted unless it is no longer required for the fulfillment or initiation of a contract.
12. LEGAL OR CONTRACTUAL REQUIREMENTS REQUIRING THE PROVISION OF PERSONAL DATA; NECESSITY FOR THE CONCLUSION OF THE CONTRACT; OBLIGATION OF THE DATA SUBJECT TO PROVIDE THE PERSONAL DATA; POSSIBLE CONSEQUENCES OF FAILURE TO PROVIDE THE PERSONAL DATA
We would like to clarify that the provision of personal data is sometimes required by law (e.g. tax regulations) or can also arise from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for a data subject to provide us with personal data in order to conclude a contract, which must then be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before the data subject provides personal data, the data subject must contact one of our employees. Our employee will clarify 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 the consequences of non-provision of the personal data would be.
13. EXISTENCE OF AUTOMATED DECISION-MAKING
As a responsible company, we do not use automated decision-making or profiling.
1) This privacy policy was created in the marked points by the privacy policy generator, which is operated and provided in cooperation with DGD Deutsche Gesellschaft für Datenschutz GmbH, Dachau (available at: https://dsgvo-muster-datenschutzerklaerung.dg-datenschutz.de) and the law firm Wilde/Beuger/Solmecke Rechtsanwälte GbR, Cologne (available at: https://www.wbs-law.de/it-recht/datenschutzrecht/datenschutzerklaerung-generator/). These texts are subject to the copyright of DGD Deutsche Gesellschaft für Datenschutz GmbH, Dachau and the law firm Wilde/Beuger/Solmecke Rechtsanwälte GbR.
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