We very much appreciate your interest in our company. Data protection has particularly high priority for the management of S&W RohrSysteme GmbH + Co. KG. In principle it is possible to use the internet pages of S&W RohrSysteme GmbH + Co. KG without supplying any personal information.
If a data subject wishes to make use of specific services of our company via our website, processing of personal data may become necessary. If the processing of personal data is necessary and where there is no legal basis for such processing, we generally ask the data subjects for their consent before processing their data.
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 Basic Data Protection Regulation and in accordance with the applicable S&W RohrSysteme GmbH + Co. K country-specific data protection regulations. In this privacy notice, our company would like to inform the public about the type, scope and purpose of the personal data that we collect, use and process. This privacy notice will also inform data subjects of their rights.
RohrSysteme GmbH + Co. KG has implemented numerous technical and organisational measures as the responsible agent for the processing of personal data in order to ensure that all personal data processed via this website is protected as completely as possible. Nevertheless, internet-based data transmission is in principle subject to security vulnerabilities, and so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
1. Definitions of terms
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as the "data subject"). Identifiable refers to a person 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
The data subject is any identified or identifiable natural person whose personal data is processed by the data controller.
Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, 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 means the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation means the processing of personal data in such a manner that such 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.
Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of 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) Order processor
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient means a natural or legal person, public authority, agency or another body to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
j) Third party
Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject means any freely given, specific, informed and unambiguous indication of the wishes of the data subject by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to them.
2. Name and address of the controller
The controller in the sense of the data protection regulation, other data protection laws in force in the member states of the European Union and other provisions for data protection is:
S&W RohrSysteme GmbH + Co. KG
Tel.: +49 (0) 5751/92494-0
3. Name and address of the data protection officer
The data protection officer of the controller is:
Olaf Schmidt - ASD
Tel.: +49 (0) 531/2396633
Any data subject can contact our data protection officer directly at any time with any questions or suggestions regarding data protection.
Cookies are text files that are filed and stored on a computer system via an Internet browser.
The person concerned can prevent our website from the setting of cookies at any time by means of an appropriate setting of the Internet browser used and thus permanently prevent cookies from being used. Furthermore, cookies that have already been set can be deleted at any time via Internet browser or other software programs. This is possible in all common internet browsers. If the data subject deactivates the placing of cookies on the Internet browser used, it may be that not all functions of our website are fully usable.
5. Collection of general data and information
The website of S&W RohrSysteme GmbH + Co. KG collects a series of general data and information with each visit to the website by an affected person or an automated system. This general data and information is stored in the server's log files. It is possible to gather (1) the used browser types and versions, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrers), (4) the sub-websites, which have an accessing system (5) the date and time of access to the website, (6) an Internet Protocol (IP) address, (7) the accessing system's Internet service provider, and (8) other similar data and information used in the case of attacks on our information technology systems.
When using this general data and information, S&W RohrSysteme GmbH + Co. KG does not draw any conclusions about the data subject. Rather, this information is required to (1) correctly deliver the contents of our website, (2) optimise the contents of our website and the advertising for it, (3) ensure the permanent functionality of our IT systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber-attack. These anonymously collected data and information are therefore evaluated by S&W RohrSysteme GmbH + Co. KG statistically 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 processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
Statement of erasure periods – e.g.
log file information is saved for security reasons (e.g. in order to clarify cases of misuse or fraud) for a maximum of seven days and then erased. Data for which further storage is required for evidence reasons is excluded from this erasure until the incident in question has been finally clarified.
6. Communication via our website
In line with legal regulations, S&W RohrSysteme GmbH + Co. KG's website contains information that enables customers to contact our company quickly via electronic means, as well as direct communication with us, which also includes a general so-called electronic mail address (email address). If a data subject contacts the controller by email or via a contact form, any personal data transmitted by the data subject is stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. We will not pass on this personal information to third parties.
The data you send to us in contact enquiries remains with us until you request that we erase it, you withdraw your permission for storage, or the purpose of data storage expires (e.g. following complete processing of your concern). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.
7. Routine erasure 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 so long as this is granted by the European issuer of directives and regulations or another legislator in laws or regulations to which the controller is subject.
If the storage purpose is not applicable, or if a storage period prescribed by the European issuer of directives and regulations or another competent legislator expires, the personal data will be blocked as a matter of course or erased in accordance with legal requirements.
8. Your rights as a data subject
a) Right of confirmation
Every data subject shall have the right granted by the European issuer of directives and regulations to demand confirmation from the controller whether personal data concerning him/her are being processed. If a data subject wishes to exercise this right to confirmation, they may contact an employee of the controller at any time.
b) Right to receive information
Any data subject whose personal data is processed shall have the right granted by the European issuer of directives and regulations to obtain, at any time and free of charge, information from the controller concerning the stored personal data relating to him/her and a copy of that information. Furthermore, the European regulator has granted the data subject the following information:
- the purposes of processing
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of a right to rectification or erasure of the personal data concerning you or of a restriction of the processing by the person responsible or of a right to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority
- where the personal data are not collected from the data subject, any available information as to their source
- the existence of automated decision-making, including profiling, in accordance with Article 22 (1) and 4, GDPR and - at least in these cases - meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.
Furthermore, the data subject has a right of access to information as to whether personal data has been transferred to a third party or to an international organisation. If this is the case, the data subject, in addition, has the right to obtain information about the appropriate guarantees in connection with the transfer.
If a data subject wishes to exercise this right of access to information, they may contact an employee of the controller at any time.
c) Right to correct
Each data subject whose personal data is processed shall have the right granted by the European issuer of directives and regulations to request the immediate correction of inaccurate personal data concerning him/her.
Furthermore, taking into account the purposes of the processing, the data subject has the right to request that incomplete personal data be completed,
also by means of a supplementary declaration.
If a data subject wishes to exercise this right to rectification, they may contact an employee of the controller at any time.
d) Right to deletion (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
- The data subject withdraws his/her consent to the processing pursuant to Art. 6 (1) letter a GDPR or Art. 9 (2) letter a GDPR and there is no other legal basis for processing.
- Pursuant to Art. 21 (1) GDPR, and there are no overriding legitimate grounds for processing, or the data subject is entitled to submit an objection pursuant to Article 21 (2) GDPR objecting to the processing.
- The personal data has been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation under Union or Member State law to which the responsible person is subject.
- The personal data concerning you has been collected in relation to services offered by the information society according to Art. 8 (1) of the GDPR.
If one of the above-mentioned reasons applies and a data subject wishes to have deleted their personal data stored at S & W RohrSysteme GmbH + Co. KG, they may contact a data controller employee at any time. The employee of S&W RohrSysteme GmbH + Co. KG will arrange for the deletion request to be handled without delay.
If the personal data has been made public by S&W RohrSysteme GmbH + Co. KG and our company is the data controller as per Art. 17 (1) GDPR for the deletion of the personal data, we will take appropriate measures, including those of a technical nature, taking into account the available technology and costs of such measures, to inform other parties processing the published personal data that the data subject
has requested the deletion of all links, copies, or records of this personal data, to the extent its further processing is not necessary. The employee of S&W RohrSysteme GmbH + Co. KG will arrange the necessary in individual cases.
e) Right to restrict processing
Each data subject shall have the right granted by the European issuer of directives and regulations to demand that the controller restricts processing where one of the following conditions applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful, and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required to by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to the processing pursuant to Art. 21 (1) of the GDPR and it has not yet been determined whether the legitimate reasons of the controller outweigh those of the data subject.
If any one of the above mentioned conditions is fulfilled and a data subject wishes to request the restriction of personal data stored by S&W RohrSysteme GmbH + Co. KG, they can contact an employee of the controller at any time. The employee of S&W RohrSysteme GmbH + Co. KG will initiate the restriction of the processing.
f) Right to data portability
Each data subject whose personal data is processed shall have the right granted by the European issuer of directives and regulations to receive personal data relating to him/her, and provided by the data subject to a controller, in a structured, current and machine-readable format. They also have the right to transmit this data to another data controller without obstruction by the data controller to whom the personal data have been provided, provided that the processing is based on the consent provided for in Art. 6 (1) lit. a or Art. 9 (2) lit. a GDPR or in a contract in accordance with Art. 6 (1) lit. b GDPR and processing is carried out by means of automated procedures, except where such processing is necessary for the performance of a task in the public interest or in the exercise of official authority conferred on the controller.
Furthermore, in exercising their right to data portability pursuant to Art. 20 (1) of the GDPR, the data subject has the right to require that the personal data be transmitted directly from one controller to another as far as this is technically feasible and provided that this does not affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject can contact an employee of S&W RohrSysteme GmbH + Co. KG at any time.
g) Right to object
Each data subject whose personal data is processed has the right granted by the European issuer for directives and regulations, for reasons arising from his or her particular situation, to at any time oppose the processing of personal data relating to him or her which is undertaken on the basis of Art. 6 (1) letter e or f GDPR. This also applies to profiling based on these provisions.
S&W RohrSysteme GmbH + Co. KG will no longer process personal data in the event of an objection, unless we can prove compelling reasons worthy of protection 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 S&W RohrSysteme GmbH + Co. KG processes personal data in order to carry out direct advertising, the person concerned has the right to object at any time to the processing of the personal data for the purpose of such advertising. This also applies to any profiling connected with such direct advertising. If the data subject objects to S&W RohrSysteme GmbH + Co. KG processing for direct marketing purposes, S&W RohrSysteme GmbH + Co. KG will no longer process the personal data for these purposes.
In addition, the data subject has the right, for reasons arising from his/her particular situation, to object to the processing of personal data concerning him/her for scientific or historical research purposes or for statistical purposes at S&W RohrSysteme GmbH + Co. KG in accordance with Art. 89 (1) of the 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 may directly contact any employee of S&W RohrSysteme GmbH + Co. KG or another employee. The data subject shall also be free to exercise their right to objection in relation to the use of information society services by means of automated procedures using technical specifications, Directive 2002/58/EC notwithstanding.
h) Automated individual decision-making including profiling
Any person concerned with the processing of personal data shall have the right granted by the European directive and regulatory authority not to be subject to a decision based solely on automated processing, including profiling, which has a legal effect on it or, in a similar manner, significantly affects it; provided the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is permitted by Union or Member State legislation to which the controller is subject, and where such legislation contains appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, or (3) with the express consent of the data subject.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the data controller or (2) is made with the express consent of the data subject, S&W RohrSysteme GmbH + Co. KG shall take appropriate measures to protect the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain the intervention of a data controller, to state their own position and to challenge the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he/she may, at any time, contact an employee of the data controller.
i) Right to withdraw data protection consent
Each data subject whose personal data is processed shall have the right granted by the European issuer of directives and regulations to withdraw his or her consent to the processing of his or her personal data at any time.
If the data subject wishes to exercise the right to revoke consent, he/she may contact an employee of the data controller at any time.
Collaboration with order processors and third parties Where we as part of our processing disclose data to other persons and companies (order processors or third parties), transmit it to them, or otherwise grant them access to the data, this occurs only on the basis of legal consent (e.g. where transmission of the data to third parties, such as payment service providers, is required for contract fulfilment in accordance with Art. 6 Para. 1 lit. b GDPR), where you have given your consent, where there is a legal obligation, or on the basis of our vital interests (e.g. where officers are used etc.). Where we commission third parties with data processing based on an “order processing contract”, this occurs based on Art. 28 GDPR.
9. Privacy for job applicants
The data controller collects and processes applicants' personal data for the purpose of handling the application procedure. Processing may also be carried out electronically. This is particularly the case if an applicant sends corresponding application documents to the controller by electronic means, for example by email or via a web form on the website. 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 the statutory provisions. If the Data Controller does not conclude an employment contract with the applicant, the application documents shall be automatically deleted two months after notification of the decision of refusal, provided that no other legitimate interests of the controller stand in the way of deletion. Other legitimate interests in this sense include retaining evidence for use in proceedings under the German General Equal Treatment Act (AGG).
10. Legal basis of the processing
Art 6 I lit. a GDPR serves our company as the legal basis for processing operations in which we obtain consent for a particular processing purpose. If the processing of personal data is necessary for the performance of 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 letter b GDPR.
The same applies to such processing processes that are necessary to carry out pre-contractual measures, for example in cases of enquiries 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 letter c GDPR. In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured at our company and their name, age, health insurance data or other vital information had to be passed on to a doctor, a hospital or other third parties. The processing would then be based on Art. 6 I letter d GDPR. Ultimately, processing operations could be based on Art. 6 I letter f GDPR. Processing operations which 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 data subject do not take priority. We are allowed to carry out such processing procedures because they have been specifically mentioned by the European legislator. In this respect, they 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).
11. Legitimate interests in processing pursued by the controller or by a third party
Where the processing of personal data is based on Article 6 (1) lit. f GDPR, our legitimate interest is to carry out our business operations for the well-being of all our employees and our shareholders.
12. Duration for which the personal data will be stored
The criterion for the duration for which the personal data will be stored is the statutory retention period in question. After the deadline, the corresponding data will be routinely deleted if it is no longer required to fulfil the contract or for initiating a new contract.
13. Legal or contractual provisions relating to 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 non-provision
We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner).
In some cases, it may be necessary for a contract to be concluded if a data subject provides us with personal data which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company enters into a contract with him/her. Failure to provide personal data would mean that the contract with the data subject could not be concluded. Prior to the provision of personal data by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contractually or is required for the conclusion of the contract, whether there is an obligation to provide the personal data, and about what consequences failure to provide the personal data would have.
14. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
15. Changes to this Data Protection Declaration
The status of this data protection declaration is indicated by the date indicated (below). We reserve the right to change this data protection declaration at any time with effect for the future. Changes are made in particular in the event of technical adjustments to the online offer or changes to data protection regulations. The current version of the data protection declaration can always be accessed directly via the online offer. We recommend that you inform yourself regularly about changes to this data protection declaration.
Update July 2020