Name and Address of the Controller
The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the Member States as well as other legal data protection provisions is:
eck*cellent IT GmbH
Name and Address of the Data Protection Officer
The Data Protection Officer of the Controller is:
evers Arbeitsschutz GmbH
General Information on Data Processing
1. Scope of Personal Data Processing
We collect and use the personal data of our users only where this is required to provide a functional website and our content and services. The personal data of our users is as a rule only processed with the prior consent of the user. An exception applies in cases where prior consent cannot be obtained for practical reasons and statutory regulations permit processing of the data.
2. Legal Basis for Personal Data Processing
Where we obtain consent from the data subject for personal data processing operations, Art. 6(1)(a) EU General Data Protection Regulation (GDPR) is the legal basis for personal data processing.
If processing personal data is necessary for the performance of a contract to which the data subject is party, the legal basis is Art. 6 (1)(b) GDPR. This also applies to processing operations that are necessary in order to take steps prior to entering into a contract.
Where personal data processing is necessary for compliance with a legal obligation to which our company is subject, the legal basis is Art. 6(1)(c) GDPR.
If processing is necessary to protect the vital interests of the data subject or another natural person, the legal basis is Art. 6 (1)(d) GDPR.
If processing is necessary for the purposes of any legitimate interest pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject, the legal basis for processing is Art. 6 (1)(f) GDPR.
3. Erasure of Data and Retention Period
The data subject’s personal data shall be erased or blocked once the purpose of storage ceases to apply. Data can be retained beyond this period if this is provided for by European or national legislators in EU regulations, laws or other regulations to which the Controller is subject. The data shall in such cases be blocked or erased once the retention period specified by the aforementioned standards expires, unless further retention of the data is required for the conclusion or fulfilment of a contract.
Provision of the Website and Creation of Log Files
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:
- Data and time of the request
- IP address, browser, operating system, access method/function requested and information input (for example URL and file name) of/by the requesting computer
- Access status of the web server (file transferred, file not found, command not executed, etc.)
The data are also stored in the log files of our system. These data are not stored together with other personal data of the user.
The legal basis for temporary data storage and log files is Art. 6(1)(f) GDPR.
Temporary system storage of the IP address is necessary to allow the website to be provided on the computer of the user. To this end, the IP address of the user must be stored for the duration of the session.
Such purposes also constitute our legitimate interest in data processing according to Art. 6(1)(f) GDPR.
The data are erased as soon as they cease to be required for the purpose for which they were collected. In the case of collection of data for the provision of the website, this is the case when the session in question ends.
Retention beyond this time is possible. In this case, the IP addresses of the users are erased or modified so that they can no longer be associated with the accessing client.
The collection of data for the provision of the website and the storage of the data in log files is essential for the operation of the website. The user therefore has no option of objection.
The legal basis for the processing of personal data using technically required cookies is Art. 6(1)(f) GDPR.
The legal basis for the processing of personal data using cookies for analysis purposes where the user has given its consent is Art. 6(1)(a) GDPR.
As the website operator, we also have a legitimate interest in the processing of personal data for this purpose pursuant to Art. 6(1)(f) DSGVO, namely ensuring that our website is provided without technical issues.
Web analysis with Matomo / PIWIK
Our website uses the open-source software tool Matomo (formerly PIWIK) to analyse how our users surf. The software places a cookie on the user's computer (see above for information on cookies). The following data are saved when individual pages of our website are accessed:
(1) Two bytes of the IP address of the user system that has requested the page
(2) The website accessed
(3) The website from which the user accessed the website accessed (referrer)
(4) The subpages accessed from the website accessed
(5) The duration of the visit to the website
(6) The frequency of website access
The software runs solely on the servers of our website. The personal data of the users are only saved on those servers and are not disclosed to third parties.
The software is set so that 2 bytes of the IP address are masked and the full IP address is not saved (example: 192.168.xxx.xxx). The abbreviated IP address cannot be associated with the accessing computer.
The legal basis for processing the personal data of users is Art. 6(1)(f) GDPR.
Processing the personal data of users allows us to analyse how our users surf. Evaluating the data obtained enables us to compile information on the user of individual components of our website. This helps us continuously to improve our website and its user-friendliness. Such purposes also constitute our legitimate interest in data processing pursuant to Art. 6(1)(f) GDPR. The anonymisation of the IP address sufficiently protects the user's interest in the protection of their personal data.
The data are deleted as soon as they cease to be required for our recording purposes.
In our case, this is the case after 180 days.
On our website, our users can opt out of the analysis process. Simply click on the link provided. This places a cookie in your system that tells our system not to save the user data. If you delete the opt-out cookie from your system at any point, you will have to set it again.
You can find more information on the Matomo software privacy settings here: https://matomo.org/docs/privacy/.
This website uses plug-ins from the provider Facebook.com, provided by Facebook Inc., 1601 S. California Avenue, Palo Alto, CA 94304 in the USA. Users of our website on which the Facebook plug-in ("Like" button) is installed are hereby notified that the plug-in establishes a connection to Facebook, over which data is transferred to your browser to allow the plug-in to be displayed on the website.
Using the plug-in also sends data to the Facebook servers about your visits to our website. If you are a Facebook user and are logged in, this means that the user data can be associated with your personal Facebook account.
As soon as a logged in Facebook user actively uses the Facebook plug-in (for example by clicking on the "Like" button or using the comment function), these data are transferred to your Facebook account and published there. You can only prevent this happening by first logging out of your Facebook account.
For more information on the use of data by Facebook, please see the Facebook privacy information at https://www.facebook.com/policy.php.
Rights of the Data Subject
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the Controller:
1. Right of access
You can request from the Controller confirmation of whether we process personal data relating to you.
If such processing takes place, you can request the following information from the Controller:
(1) the purposes for which personal data is processed;
(2) the categories of personal data processed;
(3) the recipients or categories of recipients to which the personal data relating to you have been or are to be disclosed;
(4) the envisaged period for which personal data relating to you will be stored, or, if specific
information on this is not possible, the criteria used to determine that period;
(5) the existence of the right to request from the Controller rectification or erasure of personal data or
restriction of processing of personal data concerning you or to object to such processing;
(6) the right to lodge a complaint with a supervisory authority;
(7) any available information as to the source of the data where the personal data are not collected
from the data subject;
(8) the existence of automated decision-making including profiling referred to Art. 22(1) and (4) 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 a right to information as to whether the personal data relating to you are transmitted to a third country or to an international organisation. If this is the case, you have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
2. Right to rectification
You have a right to rectification and/or completion vis-à-vis the Controller if the personal data processed relating to you is incorrect or incomplete. The Controller must undertake rectification without undue delay.
3. Right to restriction of processing
Under the following circumstances, you can request us to restrict processing of the personal data relating to you:
(1) if you contest the accuracy of the personal data relating to you for a period that enables the Controller to verify accuracy of the personal data;(2) if processing is unlawful, but you refuse erasure of the personal data, requesting instead that use of the personal data be restricted;(3) if the Controller no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or(4) if you have objected to processing pursuant to Art. 21(1) GDPR, pending the verification whether the legitimate grounds of the Controller override your legitimate grounds
Where processing of the personal data relating to you has been restricted, such data shall, with the exception of storage, only be processed with your consent 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 important public interest of the Union or of a Member State.
Where processing has been restricted pursuant to the aforementioned conditions, you shall be notified by the Controller before the restriction is lifted.
4. Right to erasure
a) Obligation to erase
You have the right to obtain from the controller the erasure of your personal data without undue delay and the controller is obliged to erase such data without undue delay where one of the following grounds applies:
(1) Your personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
(2) You withdraw your consent on which processing is based according to Art. 6(1)(a) or Art. 9(2)(a) GDPR, and there is no other legal ground for processing.
(3) You object to processing according to Art. 21(1) and there are no overriding legitimate grounds for processing, or you object to processing according to Art. 21(2) GDPR.
(4) Your personal data have been unlawfully processed.
(5) Your personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the Controller is subject.
(6) Your personal data have been collected in relation to the offer of information society services referred to in Art. 8(1) GDPR.
b) Information to third parties
Where the Controller has made your personal data public and is obliged pursuant to Art. 17(1) GDPR to erase them, 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 by such controllers of any links to, or copy or replication of, those personal data.
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 Art. 9 (2)(h) and (i) as well as Art. 9(3) GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 (1) GDPR in so far as the right referred to in a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(5) for the establishment, exercise or defence of legal claims.
5. Right of information
If you have asserted the right to rectification, erasure or restriction of processing vis-à-vis the Controller, the Controller is obliged to communicate such rectification or erasure of the data or restriction of processing to each recipient to whom your personal data have been disclosed, unless this proves impossible or involves disproportionate effort.
You have the right to request information on those recipients from the Controller.
6. Right to data portability
You have the right to receive any personal data related to you that have been provided by you to the Controller in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another controller without hindrance from the Controller to which the personal data have been provided, where
(1) the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and
(2) 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. This must not adversely affect the rights and freedoms of others.
The right to data portability does not apply to any personal data processing that 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.
7. Right to object
You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you that is based on Art. 6(1)(e) or (f) GDPR.
The Controller shall no longer process your personal data, unless the Controller demonstrates compelling legitimate grounds for processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
8. Right to withdraw consent
You have the right to withdraw your data consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
9. 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, place of work or place of the alleged infringement, if you consider that the processing of your personal data infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.