Name and contact of the responsible person pursuant to Article 4 (7) DSGVO
Firma: SIMON-Fleisch GmbH
Anschrift: Gutenbergstraße 12, 54516 Wittlich
Telefon: +49 (0) 6571 6902 0
Telefax: +49 (0) 6571 6902 978
Security and protection of your personal data
We consider it our primary responsibility to maintain the confidentiality of the personal data you provide to us and to protect it from unauthorised access. We therefore take the utmost care and apply the latest security standards to ensure maximum protection of your personal data.
As a company under private law, we are subject to the provisions of the European Data Protection Regulation (DSGVO) and the regulations of the Federal Data Protection Act (BDSG). We have taken technical and organisational measures to ensure that the regulations on data protection are observed both by us and by our external service providers.
The legislator requires that personal data be processed in a lawful manner, in good faith and in a way that is comprehensible to the data subject (“lawfulness, processing in good faith, transparency”). To ensure this, we inform you about the individual legal definitions which are also used in this data protection declaration:
1. personal data
“Personal data” means 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.
“Processing” means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
3. restriction of processing
“Restriction of processing” means the marking of stored personal data for the purpose of limiting its future processing.
“Profiling” means any automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.
“Pseudonymisation” means the processing of personal data in such a way 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 which ensure that the personal data cannot be attributed to an identified or identifiable natural person.
6. file system
“File system” means any structured collection of personal data accessible according to specified criteria, whether such collection is maintained on a centralised, decentralised or functional or geographical basis.
“Controller” means a natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of 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 designation may be provided for under Union or Member State law.
“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 other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients; the processing of such data by the said authorities shall be carried out in accordance with the applicable data protection rules, in accordance with the purposes of the processing.
10. third party
“Third party” means any natural or legal person, public authority, agency or other body, other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or the processor.
Consent” of the data subject means any freely given specific, informed and unambiguous indication of his or her wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.
Lawfulness of processing
The processing of personal data is only lawful if there is a legal basis for the processing. Pursuant to Article 6 (1) lit. a – f DSGVO, the legal basis for processing may in particular be:
the data subject has given his/her consent to the processing of personal data relating to him/her for one or more specific purposes;
the processing is necessary for the performance of a contract to which the data subject is party or for the implementation of pre-contractual measures taken at the data subject’s request;
processing is necessary for compliance with a legal obligation to which the controller is subject;
the processing is necessary in order to protect the vital interests of the data subject or of another natural person;
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;
processing is necessary for the purposes of the legitimate interests of the controller or of a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data, in particular where the data subject is a child.
Information on the collection of personal data
1) In the following, we provide information about the collection of personal data when using our website. Personal data are e.g. name, address, e-mail addresses, user behaviour.
(2) If you contact us by e-mail, the data you provide (your e-mail address, name and telephone number, if applicable) will be stored by us in order to answer your questions. We delete the data accruing in this context after the storage is no longer necessary, or the processing is restricted if there are legal obligations to retain data.
Collection of personal data when visiting our website
When you use our website for information purposes only, i.e. if you do not register or otherwise transmit information to us, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure its stability and security (legal basis is Art. 6 para. 1 p. 1 lit. f DSGVO):
– IP address
– Date and time of the request
– Time zone difference to Greenwich Mean Time (GMT)
– Content of the request (specific page)
– Access status/HTTP status code
– Amount of data transferred in each case
– Website from which the request came
– Operating system and its interface
– Language and version of the browser software.
1) In addition to the data mentioned above, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive in relation to the browser you are using and which provide the party setting the cookie with certain information. Cookies cannot execute programs or transfer viruses to your computer. They are used to make the website as a whole more user-friendly and effective.
(2) This website uses the following types of cookies, the scope and function of which are explained below:
– Transient cookies (a.)
– Persistent cookies (see b.).
Transient cookies are automatically deleted when you close the browser. These include, in particular, session cookies. These store a so-called session ID, with which various requests from your browser can be assigned to the joint session. This enables your computer to be recognised when you return to our website. Session cookies are deleted when you log out or close the browser.
Persistent cookies are automatically deleted after a set period of time, which may vary depending on the cookie. You can delete the cookies in the security settings of your browser at any time.
You can configure your browser setting according to your preferences and, for example, refuse to accept third-party cookies or all cookies. So-called “third party cookies” are cookies that have been set by a third party, consequently not by the actual website you are currently visiting. Please note that by disabling cookies you may not be able to use all the features of this website.
Further functions and offers of our website
(1) In addition to the purely informational use of our website, we offer various services that you can use if you are interested. For this purpose, you will usually have to provide further personal data, which we use to provide the respective service and for which the aforementioned data processing principles apply.
(2) In some cases, we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are regularly monitored.
(3) Furthermore, we may pass on your personal data to third parties if we offer promotions, competitions, contracts or similar services together with partners. You will receive more detailed information on this when you provide your personal data or below in the description of the offer.
(4) If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you of the consequences of this in the description of the offer.
Our offer is basically directed at adults. Persons under the age of 18 should not transmit any personal data to us without the consent of their parents or legal guardians.
Rights of the data subject
(1) Revocation of consent
If the processing of personal data is based on a given consent, you have the right to revoke the consent at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
You can contact us at any time to exercise your right of revocation.
(2) Right to confirmation
You have the right to request confirmation from the controller as to whether we are processing personal data relating to you. You can request confirmation at any time using the contact details above.
(3) Right of access
If personal data is processed, you may request information about this personal data and about the following information at any time:
the purposes of processing;
the categories of personal data processed;
the recipients or categories of recipients to whom the personal data have been or will be 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 obtain the rectification or erasure of personal data concerning you or to obtain the restriction of processing by the controller or a right to object to such processing;
the existence of a right of appeal to a supervisory authority;
if the personal data are not collected from the data subject, any available information on the origin of the data;
the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
If personal data are transferred to a third country or to an international organisation, you have the right to be informed about the appropriate safeguards pursuant to Article 46 GDPR in connection with the transfer. We will provide a copy of the personal data that is the subject of the processing. For any further copies you request, we may charge a reasonable fee based on administrative costs. If you make the request electronically, the information must be provided in a commonly used electronic format unless it states otherwise. The right to receive a copy under paragraph 3 shall not prejudice the rights and freedoms of other persons.
(4) Right to rectification
You have the right to obtain from us the rectification of any inaccurate personal data relating to you without undue delay. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data, including by means of a supplementary declaration.
(5) Right to erasure (“right to be forgotten”).
You have the right to request the controller to erase personal data concerning you without undue delay and we are obliged to erase personal data without undue delay if one of the following reasons applies:
The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
The data subject withdraws the consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR and there is no other legal basis for the processing.
The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
The personal data have been processed unlawfully.
The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
The personal data have been collected in relation to information society services provided pursuant to Article 8(1) of the GDPR.
Where the controller has made the personal data public and is obliged to erase it pursuant to paragraph 1, it shall take reasonable steps, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that a data subject has requested that they erase all links to, or copies or replications of, that personal data.
The right to erasure (“right to be forgotten”) does not exist insofar as the processing is necessary:
– for the exercise of the right to freedom of expression and information;
– for compliance with a legal obligation which requires processing under 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;
– for reasons of public interest in the area of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
– for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, where the right referred to in paragraph 1 is likely to make impossible or seriously prejudice the achievement of the purposes of such processing; or
– for the assertion, exercise or defence of legal claims.
(6) Right to restrict processing
You have the right to request us to restrict the processing of your personal data if one of the following conditions is met:
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 objects to the erasure of the personal data and requests instead the restriction of the use of the personal data;
the controller no longer needs the personal data for the purposes of the processing, but the data subject needs them for the establishment, exercise or defence of legal claims; or
the data subject has objected to the processing pursuant to Article 21(1) of the GDPR, as long as it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted in accordance with the above conditions, such personal data shall not be processed except with the consent of the data subject or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or of a Member State.
In order to exercise the right to restrict processing, the data subject may contact us at any time using the contact details provided above.
(7) Right to data portability
You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format, and you 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 consent pursuant to Article 6(1)(a) or Article 9(2)(a) or on a contract pursuant to Article 6(1)(b) of the GDPR and.
the processing is carried out by automated means.
When exercising the right to data portability pursuant to paragraph 1, you have the right to have the personal data transferred directly from one controller to another controller, where technically feasible. The exercise of the right to data portability is without prejudice to the right to erasure (“right to be forgotten”). This right shall 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.
(8) Right of objection
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) DSGVO; this also applies to profiling based on these provisions. The controller shall no longer process the personal data unless it can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If personal data are processed for the purposes of direct marketing, you have the right to object at any time to processing of personal data concerning you for such marketing; this also applies to profiling insofar as it is related to such direct marketing. If you object to processing for direct marketing purposes, the personal data will no longer be processed for these purposes. In the context of the use of information society services, notwithstanding Directive 2002/58/EC, you may exercise your right to object by means of automated procedures using technical specifications. You have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for scientific or historical research purposes, or for statistical purposes as referred to in Article 89(1), unless the processing is necessary for the performance of a task carried out in the public interest. You may exercise the right to object at any time by contacting the relevant controller.
(9) Automated decisions 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:
is necessary for the conclusion or performance of a contract between the data subject and the controller,
is permissible under Union or Member State law to which the controller is subject and that law contains suitable measures to safeguard the rights and freedoms and legitimate interests of the data subject; or
is carried out with the express consent of the data subject.
The controller shall take reasonable steps to safeguard the rights and freedoms as well as the legitimate interests of the data subject, which include at least the right to obtain the intervention of a data subject on the part of the controller, to express his or her point of view and to contest the decision. The data subject may exercise this right at any time by contacting the relevant controller.
(10) Right to complain to a supervisory authority
They shall also have the right, without prejudice to any other administrative or judicial remedy, to lodge a complaint with a supervisory authority, in particular in the Member State of their residence, place of work or the place of the alleged infringement, if the data subject considers that the processing of personal data relating to them infringes this Regulation.
(11) Right to an effective judicial remedy.
Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 of the GDPR, the data subject shall have the right to an effective judicial remedy if he or she considers that his or her rights under this Regulation have been infringed as a result of the processing of his or her personal data not in compliance with this Regulation.